City Council

TOWN OF CICERO TOWN COUNCIL MEETING MINUTES TUESDAY, NOVEMBER 6, 2024 at 7:00 PM Call to Order: President Lutz called the meeting to order and led the Pledge of Allegiance. Ms. Gary gave the prayer. Mr. Lutz called for roll call. Members of the Cicero Town Council were present or absent as follows: Present: Joseph Cox Absent: Eric Hayden Dennis Johnson Christopher Lutz Emily Pearson Declare a Quorum Present: President Lutz declared a quorum with all members present. Others Present: Rhonda Gary, Clerk Treasurer Jeff Rednour, Police Chief Lance Overholser, Fire Chief Frank Zawadzki, Cicero/Jackson Township Plan Commission Director Terry Cooper, Street & Utilities Director Jim Hunter, Parks Superintendent Aaron Culp, Town Attorney Keith Bryant, Town Engineer Bruce Freeman, Storm Water Management Board President Dan Strong, Project Coordinator Approval of Agenda: Mr. Cox made a motion to approve the agenda as amended. Mr. Johnson seconded, motion carried 5-0. Approval of Prior Minutes: Town Council Staff Meeting Minutes, October 10, 2024, 7:00 PM Town Council Meeting Minutes, October 15, 2024, 7:00 PM Mr. Hayden made a motion to approve the meeting minutes from October 10, 2024 and October 15, 2024. Ms. Pearson seconded, motion carried 5-0. Approval of 11/06/2024 Claims: Mr. Hayden made a motion to rescind the claims from 10/15/24. Mr. Cox seconded, motion carried 5-0. Mr. Hayden made a motion to approve the adjusted claims from 10/15/24. Mr. Johnson seconded, motion carried 5-0. Mr. Hayden made a motion to approve the claims dated 11/06/24 as well as Reynolds Pay Applications 3 and 4 which will be added to the next council meeting claims without further council approval. Ms. Pearson seconded, motion carried 5-0. Council Committee Reports: 1. OTC Report – Ms. Pearson had nothing to report. 1  2. EDC Report – Mr. Cox stated that Mr. Mann is no longer with EDC; however, he has an interested party. He will have more information at a later date. 3. SWU Management Board Report – SWU President Freeman had nothing to report. Legal Counsel Report – Mr. Culp reported that the town closed on the Bond Anticipation Note as scheduled on 10/31/24. Ms. Gary added that the interest rate was better than originally quoted which she believed came in at 2.75%. Mr. Hayden added that the interest rate which is lower than originally thought would save the town potentially $1,000,000.00. Cicero/Jackson Township Plan Commission – Director's Report – October 2024 Permit Revenue: October 2024 = $6,976, YTD: $53,370 October 2023 = $13,255 YTD: $85,465 Difference: Month = -$6,279 YTD: -$32,095 A total of 25 building permits were issued for October of 2024. Eighteen were within the corporate limits (of which 0 were for new homes). A total of seven permits were issued in Jackson Township (of which, 1 was for new a home). Estimated Cost of projects permitted $1,700,889. Plan Commission meeting is scheduled for November 13th, 7pm at Cicero Town Hall, the agenda has been published. The BZA meeting is scheduled for November 21st, 7pm at the Cicero Town Hall as well. Town Engineer Report – 1. Tamarack – Mr. Bryant reported that M/I Homes has indicated that the punch list is complete minus a few items that MI wants to discuss further. They will meet, inspect and request that the town accept the infrastructure assuming that all is in order. MI has also reported that the trees have been replaced. 2. Water – Mr. Bryant stated that we are waiting on the latest information from Peerless Midwest. We hope to have more information at the next meeting. 3. Wastewater – Mr. Bryant sent a letter to IDEM on 10/31/24 concerning the general project and milestone update. He believes that should fulfill all the requirements to IDEM until 2026 which will be upon completion of the Wastewater Treatment Plant so long as we avoid violations. 4. Tollgate Road – Mr. Bryant said that the project is complete that Ms. Gary has submitted closeout paperwork to INDOT. He asked that Ms. Gary remove this from the agenda moving forward. 5. Jackson Street CCMG – Mr. Bryant relayed that he has emailed Midwest Paving for a construction schedule. Once he receives that he will schedule a preconstruction meeting. Might be in the spring as weather might interfere with progress. He expects the project to last 3-4 months once construction begins, pending on the contractor schedule. 6. Brinton Street CDBG – Mr. Cox made a motion to allow President Lutz to sign the Community Development Block Grant closeout paperwork. Ms. Pearson seconded, motion carried 5-0. Old Business: 2  a. Noise Ordinance – Mr. Rockwell, Cicero resident, was present to request a modification to the town’s noise ordinance. Mr. Culp gave an overview of the current noise ordinance as well as some background on noise levels i.e. decibels and several examples for clarification. There was also a brief discussion about the 50’distance allowance; however, no one was clear from where the 50’ begins/ends. Mr. Culp then cautioned the council about changing the ordinance for one person. He also went on to discuss other alternatives such as warnings, ticketing violations, etc. Mr. Franklin, Cicero resident, was present to state his case and all that he has done to stay within the confines of the town’s ordinance. President Lutz asked Chief Rednour to continue to monitor this situation. Mr. Rockwell thanked Mr. Franklin for soundproofing as it does help. New Business: a. Ordinance 11-06-2024-01 – President Lutz noted that there is a ‘Citizen Comment’ concerning this ordinance. He opted to hear those comments prior to discussion. Mr. Ens, Cicero resident, was present to inquire about the direction of the proposed one- way street. He asked if council would consider making it flow south as opposed to north as his trash pickup will need to be moved across the street with the north flow. Council stated that they had not considered that and inquired from Mr. Widows if he has a preference. He did not. Council thanked Mr. Ens for bringing that to their attention. Mr. Hayden made a motion to approve Ordinance No. 11-06-2024-01 to include changing the direction of the one way to flow south instead of north. Ms. Pearson seconded, motion carried 4-1 with President Lutz voting ‘nay’. b. Asbestos Removal – Mr. Strong presented three quotes for asbestos removal for the 158/160 W Jackson Street property. They were as follows: i. Environmental Assurance Co, Inc. - $43,700.00 ii. AIR Co - $32,100.00 iii. Duck Multiservice - $21,500.00 After a brief discussion, Mr. Cox made a motion to approve the quote from Duck Multiservice in the amount of $21,500.00 with a (not to exceed) $150.00 fee for IDEM notification and an additional amount not to exceed $5,000.00 for any additional remediation that might be needed. Mr. Johnson seconded, motion carried 5-0. c. Sheridan Reorganization – President Lutz congratulated Sheridan and Adams Township on owning their future destiny and passing re-organization for their community. Mr. Lutz also notified the council that the Jackson Township trustee sent survey results from citizens of re-organization with Jackson township and associated towns. Miscellaneous: a. Funds from 2018 WW – Mr. Hayden made a motion to apply remaining funds (approximately $200,000.00) from the 2018 wastewater bond to the new wastewater bond. Mr. Cox seconded, motion carried 5-0. 3  b. Executive session – Council scheduled an executive session for 11-19-2024 at 6:00. Ms. Gary will advertise. c. Tollgate Path – Parks Superintendent Hunter stated that the path on Tollgate Road is complete. They have seeded and fertilized and will probably need to do so again in the spring; however, it turned out nice. Council thanked all involved for making that a success. d. Haunted Trail – Superintendent Hunter reported that the Friends of the Park had a great turnout for the Haunted Trail with over 6,000 attending. He also stated that they raised over $18,000.00. Mr. Hayden thanked Superintendent Hunter and all who made that happen. Comments by Citizens: d. Mr. Ens, Cicero resident, was present to inquire about the direction of the proposed one- way street. He asked if council would consider making it flow south as opposed to north as his trash pickup will need to be moved across the street with the north flow. Council stated that they had not considered that and inquired from Mr. Widows if he has a preference. He did not. Council thanked Mr. Ens for bringing that to their attention. e. Ms. Pearson thanked Mr. Cooper for his assistance with the election. According to Ms. Pearson he went the extra mile, and it was greatly appreciated and contributed to the success they had there. Motion to Adjourn: Mr. Hayden made the motion. Ms. Pearson seconded, motion carried 5-0. Signatures on Official Documents! Signatures of Cicero Town Council AYE NAY Christopher J Lutz Joseph R Cox Eric C Hayden Dennis D Johnson Emily K Pearson Attested: Rhonda Gary, Clerk Treasurer The Next Cicero Town Council Meeting will be on November 19, 2024 at 7:00 PM at Cicero Town Hall. 4