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MIDDLEBURY — Although a noise complaint leveled against an established grocery store in Middlebury has been met with cooperation from the store owner in resolving the problem for now, the complaint is leading to a full-fledged review of the town’s existing noise ordinance.
Town Council president Gary O’Dell appointed a committee of three Monday to review it and bring back a new proposed noise ordinance.
Town Manager Mark Salee told council members that Donovan and Jackie Leidelmeyer complained over the last couple of weeks about noise coming from two diesel-powered portable refrigeration units sitting on trailers at Forks County Line Foods on East Warren Street. The Leidelmeyers also live on that street but southwest of Forks.
Donovan Leidelmeyer said that after he filed the complaint, Forks’ owner removed the loudest of the units but did not guarantee that another noisy diesel would not be moved onto the store property in the future.
Salee said that when he and the Leidelmeyers reviewed the current noise ordinance approved in 1970, they discovered to their surprise that it only addressed noise produced by automobiles.
While the situation has improved in the neighborhood, the couple asked the council Monday to review and revise the noise ordinance to become more comprehensive. O’Dell appointed Salee and councilmen Dan Frederick and Jon Ottinger to the noise ordinance review committee.
O’Dell said that some noise issues cropped up over the years, but since those allegedly responsible for producing the noises were always willing to work with the town to reduce noise, the town council never modified the existing ordinance.
Donovan Leidelmeyer said that Middlebury’s ordinance has no limit on noise in terms of decibels. The city of Elkhart and Elkhart County have noise limits of 83 decibels, based on distance from the noise source, while Goshen’s ordinance dictates a range of about 70 to 80 decibels, depending on zoning classification of the affected property.
A few years ago, the city of Elkhart engaged in a battle with a metal recycling firm over noise pollution.
Medicare payments
The council approved an ordinance Monday regulating the payment of emergency and medical services for some individuals who are Medicare-eligible, such as incarcerated individuals. The new ordinance makes those individuals responsible for payment of those services they receive and enables the town to bill Medicare for payment.
The Middlebury Redevelopment Commission will meet at Town Hall at 7 a.m. Thursday, while the next council meeting will be held there at 6 p.m. March 5.
Reserve benefit
Town Marshal Mike McCloughen announced a pancake and sausage breakfast from 7:30 to 10:30 a.m. Saturday at the Middlebury American Legion post to benefit the Middlebury police reserves. Tickets are $5 per person in advance and $6 at the door. Those age 8 and younger will be admitted free. A raffle for prizes will be held at the event, he said.
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Middlebury Town Hall SAM HOUSEHOLDER
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