MILFORD - Milford Town Council began their meeting Monday by hearing from attorney Jay Rigdon in regard to issues from previous meetings.
The first issue was the need for the town to create a rainy day fund. Under state law, a municipality can set aside up to 10 percent of its operating general fund for this purpose. The creation of a rainy day fund allows the town to legally appropriate excess monies. Milford has approximately $35,000 that can be used to help start the fund. The rainy day fund was approved.Ridgon addressed the council concerning the operation of off-road vehicles in town. This includes ATVs, UTVs and golf carts.
"There was a question about golf carts in town," said Rigdon. "Under Indiana law, a golf cart is a motorized cart. There are no restrictions about them under Indiana law. What this means is that the state has not made any decision about their usage on the highways in Indiana. Therefore, I think that the town does have the ability to restrict the use of them in town, on the street, if the town chooses to."
Another vehicle that was brought up for discussion is what is known as a utility vehicle, basically an off-shoot of an all-terrain vehicle. Under Indiana law, there is no distinction between the two types of vehicles. These are regarded as primarily for off-road usage by the state.
According to Rigdon, there is a state statute that says off-road vehicles cannot be operated on public property, streets or highways. They can be operated on areas alongside roadways, however. They also can be operated on county roads outside of town.
One state law, statute 14-16-1-22, says, "... a town may pass ordinances which regulate the operation of vehicles if they meet substantially the minimum requirement of the chapter."
Rigdon said, "But, that also says you can't impose a fee, require additional accessory equipment be used, you cannot require a driver's license. This means that the statute appears to say that the town would be more restrictive than the state. Therefore, the minimum requirements would appear to mean the town (ordinance) would not be permissive. This means I don't think it's possible for the town to permit operation of these things for any reason on the streets, even if you chose to do so."
Rigdon noted that although other towns may allow off-road vehicles on their streets, it doesn't mean that it's legally permissible under state law.
"It's just that no one has tested it yet," he said.
Although it was noted that there has been a few complaints regarding such vehicles in town, the council ultimately decided to not pass an ordinance at this time. Town Marshall Dave Hobbs was unable to attend the meeting, and the council felt his department's input would be necessary before any action could be taken.
The position of caretaker in residence for the Milford park and concession stand has been filled by Justin Yoder. He was approved during the meeting, and stated that he will be moving a mobile home unto the lot provided sometime before the Memorial Day weekend. He also outlined for the council what work he will be starting before the summer season opens. Yoder also was the low bid for the mowing contract, and was awarded that job as well.
Utilities Superintendent Dallas Winchester updated the council on several items, and made one request for vehicle repairs. Work continues on Catherine Street, and Winchester stated that when the contractor brings a milling machine for that work, they will try to work on Main as well.
Winchester also would like to remind Milford residents that mosquito season will start soon. Residents are encouraged to prevent standing water on their property. The spray unit will still be out on Thursday evenings, and its direction of travel will depend on that day's weather.
The water department will be flushing hydrants later in the week, and the utilities department will be sending a consumer confidence report to residents soon.
The council approved Winchester's request for $3,800 for repairs to the bed of the department's C70 dump truck.
In other business:
n Milford Fire Department reported 16 calls during the last month, and the recent fundraiser for air equipment brought in close to $10,000.
n The issue of banning smoking in the town hall facility was brought before the council. It was decided that although this is a valid concern, because of the absence of Hobbs, no decision would be made until his department was allowed input.
n The relationship between the Milford Town Council and the Milford Area Development commission was briefly discussed. It was decided that a special meeting between the two groups would be held June 2 at 7 p.m.
n The council announced the need to seek further quotes for the town's insurance needs. This will be discussed further in May.
n The Milford Fest is slated for May 24. Events and activities should be finalized by the end of April. For more information, call Patricia Gall at 574-344-7811.
n The accounts payable voucher register for April was approved by the council.
Milford Town Council members are Gary Hurd, Robert Cockburn and Douglas Ruch.
