CLOVERDALE -- Due to recent litigation over an unpaid water and sewer bill, the town of Cloverdale modified its ordinances to include legal costs and attorney fees.
The town council approved Ordinances 2009-12 and 2009-13, sewer and water respectively, during its regular meeting Tuesday.
Phil Ward, a representative with Active Environmental, approached the council for approval to run discharge through its sanitary sewer.
"This is a very common type of discharge and system," Ward told the board.
Active has been cleaning up an underground gas leak at the Marathon station on South Main Street. However, the problem is who is ultimately responsible should something go wrong -- or, who would be fined by the Indiana Department of Environmental Management.
"IDEM is watching the plant closely," said Terry Puffer, council member. "We want all the I's dotted and T's crossed."
Ward told the council Active would test the discharge once per month, but could increase testing if it would make the council more comfortable.
He also said there has never been a problem in the state with untreated discharge making it to the sanitary sewer.
"We are more worried about the recourse should something go wrong," Puffer said.
The final vote by the council was for Active to submit a contract to Town Attorney Alan Yackey outlining monetary responsibility. A decision will be made at the Dec. 12 council meeting.
In other business:
* During routine approval of claims, council President Don Sublett announced a stack of claims were missing from the clerk-treasurer's office.
"Patti (Truax) has filed a police report," Sublett said.
* The town approved the purchase of a snowplow and deflector kit at a cost of $4,770. It was the lowest of four quotes submitted by utility manager Don Guthrie.
* A conflict of interest disclosure was approved by the council. The disclosure states the town will vacate sections of right-of-ways to properties owned by Sublett and council member Dennis Padgett.
"The proposal will increase land size owned by Don and Dennis," noted Yackey.
* Don Gedert with the Redevelopment Commission said the commission is working on a number of projects to bring business into Cloverdale. He also requested the council consider the reappointment of all five members at the council's January 2010 meeting.
* A special town council meeting scheduled for 4 p.m. Saturday has been modified. Yackey requested an executive session be set for 4 p.m. and the regular meeting be held at 4:30 p.m.
The council will discuss a response received from the Attorney General regarding a current litigation. Yackey noted he was "thrilled" with the response without going into detail.