City has new burning law

The Vandalia City Council approved on Monday a new ordinance governing burning in the city, an amended version that is much like the one it replaces.
Under the new ordinance, city residents can continue to burn leaves, as long as they follow the guidelines set by law. (Ordinance on Page 16A).
Passage of the burning ordinance amendment comes about 3½ weeks after the council’s public safety and streets committee recommended that the city continue to allow leaf-burning.
The committees reached that consensus after committee members, Public Works Director John Moyer and Vandalia Park District officials reached an agreement on how to handle the disposal of leaves in city parks.
After a lengthy discussion, which included complaints about the amount of smoke caused by leaf-burning by the park district, Moyer agreed to have his department – on at least a trial basis – vacuum up leaves from the parks.
Under the ordinance amendment, the burning of leaves, tree trimmings, branches, stumps, brush, weeds, grass and yard trimmings is allowed between 8 a.m.-5 p.m.
The ordinance states that such fires are to be extinguished completely, with no smoldering or smoke evident, by 5 p.m.
It is that stipulation that caused Alderman Mike Hobler to vote against the ordinance amendment.
Hobler said after Monday’s meeting that he believes that 5 p.m. is too early to cease burning, because it means that many people cannot burn leaves or other yard waste after getting home from work during the week.
There would no problem with later burning during summer months, Hobler said, because it doesn’t get dark until much later at that time of year.
Voting for the ordinance amendment were aldermen Neil Clark, B. John Clark, Terry Beesley, Jerry Swarm and Andy Lester. Angie Rhodes and Russ Stunkel were not present for the meeting.
Lester voted for the new ordinance after he believed that Mayor Rick Gottman adequately addressed his concerns about brush fires.
Lester said that as a former city firefighter, he saw the possibility of a resident having a large brush fire that spread to a neighbor’s structure.
“I don’t support the brush or the branches being there (in the ordinance),” Lester said initially.
Moyer said he has never seen such a problem in his 10 years as the director of public works, and doesn’t expect any in the future, due to the fact that his employees pick up brush throughout the city routinely.
“I would say that there would be no big piles,” Moyer said.
Police Chief Larry Eason added that other city ordinances help to prevent such problems.
If a resident is burning a large brush pile close to a neighbor’s home or garage, Eason said, police can dispatch the fire department to extinguish the fire.
Gottman added that the city disposes of the brush and branches it picks up by burning them near the river, and if those items were removed from the ordinance, the city would no longer be allowed to continue that method of disposal.
At that point, Lester said he was satisfied with the new ordinance.
Also at Monday’s meeting, the council approved 3-percent pay increases for many city employees.
Included in the list of employees getting pay hikes are the city’s police officers who are members of the Fraternal Order of Police and police and fire dispatchers who are members of the telecommunicators’ bargaining unit.
Also getting a pay hike are those city employees who are not in any type of union.
Those not included are city employees who are members of the Laborers’ International Union of North America Local No. 148. Gottman said they are not included because the city does not currently have a salary agreement with that union.
Also at Monday’s meeting:
• The council approved the purchase of a zero-turn Kubota mower from Bluff Equipment for $8,929. The city also received bids from Vandalia Tractor and Sloan Implement.
Neil Clark, chairman of the council’s cemetery and landfill committee, said that there wasn’t any money for the purchase in the city’s cemetery fund, but that Gottman was able to acquire $8,450 from the Hazel Simma Kelly Trust.
• The council approved the first pay request, for $83,610, for the Thrill Hill water tower painting project.
Scott Hunt of Hurst-Roche Engineers reported that a meeting would be held at 10 a.m. on Tuesday to discuss the progress of the project. The total cost of the work is slightly more than $200,000.
• The council approved an amendment to the agreement through which Fayette Water Co. purchases water from the city.
The amendment changes the term of the agreement from three to five years, which will allow Fayette Water to receive a federal loan for the extension of lines to serve residents of the Vandalia Lake area, as well as some residents in Shafter and Sharon townships.
• Gottman announced that he had made appointments to the advisory committee that will study future options for the Vandalia Volunteer Fire Department.
That committee will discuss such things as the area served by the department and future funding options, including the formation of a district.
Gottman said that the committee will include: VVFD Chief Ed Taylor, First Assistant Chief Keith Meadows and Second Assistant Chief Steve Stombaugh; Harold Palmer, a resident of the lake area; local accountant Dale Timmermann; insurance representatives Tom McCarty and Denny Gerkin; and local farming representatives Ken Cripe and Ron Marshel.
Gottman and Fayette County Board Chairman Steve Knebel will serve as advisory, non-voting members of the committee, which will present recommendations to the council.
• Swarm said he has been receiving a number of complaints about loud motorcycles.
“Is there anything we can do about it?” Swarm asked.
Eason said that his department has also been getting complaints, and that he has spoken to his officers about dealing with the issue.
Eason said that while enforcement of noise ordinances is subjective in nature, “If you can hear it three blocks away, it’s too loud.”
• Lester asked whether the city has any plans for sidewalk replacement, and Gottman said that while there currently no funds for sidewalk construction and replacement, it is included in the city’s long-range plan.
Moyer told Lester that city funds in that area are currently needed for other projects, such as the replacement of the two bridges at Fifth and Randolph streets.
“We need to come up with 20 percent (of the total cost), and right now, we don’t have that 20 percent,” Moyer said.
• The council approved a Tax Increment Financing Agreement with Karl Gathe through which Gathe will receive up to $2,000 for the demolition of a dilapidated house at 1703 W. Main St.