Milford Town Council Adopts Noise Ordinance, Hears Public Input
July 10, 2019 at 1:01 a.m.
By Denise Federow-
“We have a more scientifically precise method of measurement rather than someone’s subjective opinion,” he said.
According to the ordinance, the maximum noise levels for residential neighborhoods between 7 a.m. and 9:59 p.m. shall be 55 decibels and the maximum noise levels for neighborhoods between 10 p.m. and 6:59 a.m. shall be 50 decibels. Those maximums don’t apply to construction work between 7 a.m. and 6:59 p.m. The maximum level for construction work is 75 decibels.
Exceptions to the ordinance include emergency alarms or sirens, snow removal equipment, burglar alarms (if no longer than five minutes), domestic power tools and lawnmowers when operated between 7 a.m. and 8 p.m. on weekdays and 8 a.m. through 8 p.m. on weekends and holidays, provided they generate less than 85 decibels.
Decibels shall be measured using a calibrated sound level meter. Violators can be given a $250 fine for each offense, and each day of violation will result in an additional fine. In lieu of a fine, enforcers may request that the violator cease and desist within a reasonable time frame.
Council adopted the ordinance.
The public input portion of the agenda took up the majority of the meeting.
Landlord Rodney Bray sought solutions for being stuck with large sewer bills when tenants move out. He told council members he had a $211 sewer bill from one of his tenants and he wanted to know if the service could be shut off before it got that high.
Clerk-Treasurer Tricia Gall told him they can’t shut off sewer service, only water.
Bray said because the town collects a deposit, “You guys are covered and I’m screwed.”
Newest council member Kenneth Long told Bray that he looked back through the minutes and didn’t find any instance where the council forgave sewer bills.
Councilman Doug Ruch asked Rigdon if they could have a policy in the ordinance that if a person got their water shut off in a 12-month period, they’d have to pay a higher deposit in order to get it turned back on. Rigdon said he didn’t know, but would check.
Gall suggested forgiving late fees and shut-off fees, and Rigdon said if they waive it for landlords they’d need to do so for all homeowners.
Township Trustee Becky Alles told them they could talk about it forever but, “It’s really on the landlord to protect himself” possibly by charging a larger deposit because only the landlord can legally pursue it.
They finally settled on the town providing Bray a copy of the water and sewer bill for each of his properties so he can keep on top of it.
Lamar Bost asked the council’s opinion on subdividing an adjacent property as he was approached about buying it but he’s only interested in the vacant lot, not the house. Ruch told him he needed to go to the zoning board first and then it would come back to the council, but without anything on paper he didn’t want to even render an opinion.
Water, Streets and Park Superintendent Steven Marquart reported that the concession stand at the park has been up and running. He said, “I’ve had lots of requests from people asking why the concessions aren’t open more.”
Marquart said he did go over the approved 24 hours per week last week because it was a holiday week. He asked the council if they could approve up to 40 hours a week when needed.
Ruch asked how many hours they worked prior to that and was told 18 hours. The council figured it would balance out, so it approved paying for the time above the 24 hours approved.
Marquart asked if that meant he would have to come back to get the pay approved if it were to happen again, and he was told yes. Long suggested when he came back next year to request total hours for the season.
In other business, the council approved:
• Harvest Coffee Block Party Sept. 28 from 2 to 8 p.m. with live music, corn hole tournament, Touch-A-Truck, vendor tables and other activities.
• Having ONI Risk Partners to look over the town’s current insurance policy and submit a quote.
• The police department purchasing an F110 tablet from Getac for $2,894.
• Paving overages of $167 on West Street and $396.05 on Old Ind. 15N.
• The cost of installing the fire hydrant and valve at Catherine and Maple streets by Beer & Slabaugh for $13,810.
• An additional cost of $3,023 to install a valve as part of the James, Syracuse and Smith streets project.
• Enclosing the wellhead with fencing from Custom Fencing, Warsaw, for $4,175.
• The repair of air conditioning at the community building by Wheeler Mechanical Services for $1,168.86.
• Having LWG Agency work with the clerk’s office on a capital asset project at a cost not to exceed $3,250.
• Gall to attend a Department of Local Government Finance budget meeting July 23 and closing the clerk’s office during those hours.
• Having Long attend a leadership summit for decision-makers presented by the Alliance for Indiana Rural Water Association Aug. 1-2.
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“We have a more scientifically precise method of measurement rather than someone’s subjective opinion,” he said.
According to the ordinance, the maximum noise levels for residential neighborhoods between 7 a.m. and 9:59 p.m. shall be 55 decibels and the maximum noise levels for neighborhoods between 10 p.m. and 6:59 a.m. shall be 50 decibels. Those maximums don’t apply to construction work between 7 a.m. and 6:59 p.m. The maximum level for construction work is 75 decibels.
Exceptions to the ordinance include emergency alarms or sirens, snow removal equipment, burglar alarms (if no longer than five minutes), domestic power tools and lawnmowers when operated between 7 a.m. and 8 p.m. on weekdays and 8 a.m. through 8 p.m. on weekends and holidays, provided they generate less than 85 decibels.
Decibels shall be measured using a calibrated sound level meter. Violators can be given a $250 fine for each offense, and each day of violation will result in an additional fine. In lieu of a fine, enforcers may request that the violator cease and desist within a reasonable time frame.
Council adopted the ordinance.
The public input portion of the agenda took up the majority of the meeting.
Landlord Rodney Bray sought solutions for being stuck with large sewer bills when tenants move out. He told council members he had a $211 sewer bill from one of his tenants and he wanted to know if the service could be shut off before it got that high.
Clerk-Treasurer Tricia Gall told him they can’t shut off sewer service, only water.
Bray said because the town collects a deposit, “You guys are covered and I’m screwed.”
Newest council member Kenneth Long told Bray that he looked back through the minutes and didn’t find any instance where the council forgave sewer bills.
Councilman Doug Ruch asked Rigdon if they could have a policy in the ordinance that if a person got their water shut off in a 12-month period, they’d have to pay a higher deposit in order to get it turned back on. Rigdon said he didn’t know, but would check.
Gall suggested forgiving late fees and shut-off fees, and Rigdon said if they waive it for landlords they’d need to do so for all homeowners.
Township Trustee Becky Alles told them they could talk about it forever but, “It’s really on the landlord to protect himself” possibly by charging a larger deposit because only the landlord can legally pursue it.
They finally settled on the town providing Bray a copy of the water and sewer bill for each of his properties so he can keep on top of it.
Lamar Bost asked the council’s opinion on subdividing an adjacent property as he was approached about buying it but he’s only interested in the vacant lot, not the house. Ruch told him he needed to go to the zoning board first and then it would come back to the council, but without anything on paper he didn’t want to even render an opinion.
Water, Streets and Park Superintendent Steven Marquart reported that the concession stand at the park has been up and running. He said, “I’ve had lots of requests from people asking why the concessions aren’t open more.”
Marquart said he did go over the approved 24 hours per week last week because it was a holiday week. He asked the council if they could approve up to 40 hours a week when needed.
Ruch asked how many hours they worked prior to that and was told 18 hours. The council figured it would balance out, so it approved paying for the time above the 24 hours approved.
Marquart asked if that meant he would have to come back to get the pay approved if it were to happen again, and he was told yes. Long suggested when he came back next year to request total hours for the season.
In other business, the council approved:
• Harvest Coffee Block Party Sept. 28 from 2 to 8 p.m. with live music, corn hole tournament, Touch-A-Truck, vendor tables and other activities.
• Having ONI Risk Partners to look over the town’s current insurance policy and submit a quote.
• The police department purchasing an F110 tablet from Getac for $2,894.
• Paving overages of $167 on West Street and $396.05 on Old Ind. 15N.
• The cost of installing the fire hydrant and valve at Catherine and Maple streets by Beer & Slabaugh for $13,810.
• An additional cost of $3,023 to install a valve as part of the James, Syracuse and Smith streets project.
• Enclosing the wellhead with fencing from Custom Fencing, Warsaw, for $4,175.
• The repair of air conditioning at the community building by Wheeler Mechanical Services for $1,168.86.
• Having LWG Agency work with the clerk’s office on a capital asset project at a cost not to exceed $3,250.
• Gall to attend a Department of Local Government Finance budget meeting July 23 and closing the clerk’s office during those hours.
• Having Long attend a leadership summit for decision-makers presented by the Alliance for Indiana Rural Water Association Aug. 1-2.
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