Etna Green Council Discusses Ordinance Updates, Enforcements, Burning

June 14, 2023 at 1:32 a.m.

By Jackie [email protected]

ETNA GREEN – The topic of updating the town’s ordinances was discussed at the Etna Green Town Council meeting Tuesday.

Resident Aubrey Jones suggested the council look at other towns like Akron to possibly see how their ordinances look because she feels some of Etna Green’s ordinances are out of date.

Councilman Jason Hanes said some of the town’s ordinances do need updating, but that takes time. He said he just refiled for his position on the council and would like to look at that in the next couple years.

Hanes said the town had an ordinance administrator at one point. Now, the town depends on its employees to enforce its ordinances. He said the Kosciusko County Sheriff’s Office does help the town with law enforcement part-time, but they don’t enforce town ordinances. Enforcement of ordinances at this time is fines.

One example Jones brought up as a concern for her was burning.

Hanes said if the town had a burning ordinance, 80% of residents would fight it.

Jones and resident Kendra Stevens brought up a neighbor of theirs who they say is burning building material in their yard and his burning is a concern.

Fire Chief Kevin Smith II said he told the person he can not burn building material.

Stevens said the burning issue has been reported to the Indiana Department of Environmental Management. Council President Keith Claassen said since the issue was reported to IDEM, it was out of the council’s hands and the agency will look into it.

Smith said, according to Indiana code and the IDEM rules, residents can burn leaves and other clean sources of wood. Burning is not allowed in apartments, condos or mobile homes. Burning is not allowed in towns that ban burning.

He also said if the fire department is called, a burn will be put out if it is causing things like pollution or health issues.

Hanes said he would like to put out an ad for a ordinance administrator to see who would be interested in the unpaid position to help the town with enforcing its ordinances.

In other business, the council:

• Approved an opioid settlement resolution for the town to transfer the settlement money it received of $1,870.73 to the Etna Township Fire Department to be used for training and/or personal protective equipment.

• Discussed the fire department’s contract with the town for next year.

The fire department asked for an additional $5,000 to be added to the yearly contract, bringing the total up to $25,000 the town would pay for fire protection.

The council approved the additional $5,000 to be added to the budget when they put the 2024 budget together.

• Learned one of the sewer lift stations was compromised May 27. Claassen said it looked like a towel got wrapped around a router. The cost of repairs was $1,889.23.

• Heard from town attorney Nick Jacobs regarding a lawsuit to pursue civil action against the mother of two children who have vandalized various areas of town.

Jacobs said he had hoped to have the lawsuit filed by Tuesday’s meeting, but he is still waiting on some things. He didn’t give the council a hard deadline, but said he was close to filing the lawsuit.

• Approved for Peerless Midwest Inc., Mishawaka, to do an inspection of the wellhead at the park.

Clerk-Treasurer Patti Cook said an inspection has to be done every five to 10 years and she’s believes it’s been seven since the last inspection.

ETNA GREEN – The topic of updating the town’s ordinances was discussed at the Etna Green Town Council meeting Tuesday.

Resident Aubrey Jones suggested the council look at other towns like Akron to possibly see how their ordinances look because she feels some of Etna Green’s ordinances are out of date.

Councilman Jason Hanes said some of the town’s ordinances do need updating, but that takes time. He said he just refiled for his position on the council and would like to look at that in the next couple years.

Hanes said the town had an ordinance administrator at one point. Now, the town depends on its employees to enforce its ordinances. He said the Kosciusko County Sheriff’s Office does help the town with law enforcement part-time, but they don’t enforce town ordinances. Enforcement of ordinances at this time is fines.

One example Jones brought up as a concern for her was burning.

Hanes said if the town had a burning ordinance, 80% of residents would fight it.

Jones and resident Kendra Stevens brought up a neighbor of theirs who they say is burning building material in their yard and his burning is a concern.

Fire Chief Kevin Smith II said he told the person he can not burn building material.

Stevens said the burning issue has been reported to the Indiana Department of Environmental Management. Council President Keith Claassen said since the issue was reported to IDEM, it was out of the council’s hands and the agency will look into it.

Smith said, according to Indiana code and the IDEM rules, residents can burn leaves and other clean sources of wood. Burning is not allowed in apartments, condos or mobile homes. Burning is not allowed in towns that ban burning.

He also said if the fire department is called, a burn will be put out if it is causing things like pollution or health issues.

Hanes said he would like to put out an ad for a ordinance administrator to see who would be interested in the unpaid position to help the town with enforcing its ordinances.

In other business, the council:

• Approved an opioid settlement resolution for the town to transfer the settlement money it received of $1,870.73 to the Etna Township Fire Department to be used for training and/or personal protective equipment.

• Discussed the fire department’s contract with the town for next year.

The fire department asked for an additional $5,000 to be added to the yearly contract, bringing the total up to $25,000 the town would pay for fire protection.

The council approved the additional $5,000 to be added to the budget when they put the 2024 budget together.

• Learned one of the sewer lift stations was compromised May 27. Claassen said it looked like a towel got wrapped around a router. The cost of repairs was $1,889.23.

• Heard from town attorney Nick Jacobs regarding a lawsuit to pursue civil action against the mother of two children who have vandalized various areas of town.

Jacobs said he had hoped to have the lawsuit filed by Tuesday’s meeting, but he is still waiting on some things. He didn’t give the council a hard deadline, but said he was close to filing the lawsuit.

• Approved for Peerless Midwest Inc., Mishawaka, to do an inspection of the wellhead at the park.

Clerk-Treasurer Patti Cook said an inspection has to be done every five to 10 years and she’s believes it’s been seven since the last inspection.
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