NEW WHITELAND TOWN COUNCIL
October 16, 2007
MEETING MINUTES
Town Council President
MINUTES
Councilman Harris moves to approve the
minutes of the September 18th meeting and is seconded by Councilman
Spencer. Vote 5 affirmative.
Councilman Noonan moves to approve the
minutes of the October 2nd meeting and is seconded by Councilman
Harris. Vote 5 affirmative.
HARDSHIPS /
ADJUSTMENTS
Jacquelyn Denney, 251 Crestwood requests an
extension until 10/26/07. Denney will
pay full amount including penalties on the 26th. Council approves.
Robin Rice, 837 Westview requests an
extension until November 2nd. Rice will pay the full amount
including penalties on the 2nd.
Council approves.
OLD
BUSINESS
Clerk-Treasurer Alspach presents a status
report on the project. She advises the
first piece of playground equipment has been ordered with the money from the
Community Foundation Grant. Alspach adds
that grant applications have been filed with Hometown Helper ($15,000) and Duke
Energy ($25,000). She applied for a
matching funds grant with GameTime and received notice that it had been
approved. This grant allows us to buy
certain pieces of playground equipment at a 45% discount if we order it before
November 28, 2007. Alspach asks Council
approval to solicit funds for this equipment and be authorized to purchase as
much of the equipment as possible before the November 28th deadline
with any money donated for the playground equipment. Council approves. Alspach adds that paperwork will be dropped
off tomorrow for a grant application program with WalMart. Alspach and PW Supt Lasiter will be meeting
with the landscape designer tomorrow regarding the water feature for the
memorial plaque. Alspach states a donor
has offered to pay for this part of the project and asks that if the money is
received earmarked for this phase of the project she be allowed to proceed with
this phase and contract with the designer.
Donor offered to pay the contractor directly but Alspach wants to be
able to receipt the donation for the donor’s tax purposes. Council approves.
PW Supt. Lasiter states that he received a
letter several weeks ago from DNR approving the parking lot design for
President Perrin states that he was in
Town Council
Page Two
October 16, 2007
to the site for us. PW Supt. Lasiter states we need smaller rocks
now to fill in the water feature – have enough of the large stones. Perrin thinks they might have what we need.
Alspach reminds the council that there is a
Proctor Park Committee Meeting tomorrow night, October 17th at 7:00
p.m. here at the Town Hall.
Well Field Exploration
PW Supt. Lasiter has a quote obtained by
Council authorizes Lasiter to begin
negotiations with Randy Edgemon at Indiana American and then proceed with the
test well in 2008.
Councilman Spencer asks will the test well be
in
Councilman Harris asks the status on the
project that was proposed by some area youth for a
Jake Brakes
Councilman Perrin states all council members
should have been copied on an e-mail complaint regarding jake brakes. Perrin asks if anyone has received any other
complaints. No one has. Discussion covers ability to document and
enforce violations if an ordinance were drafted. Fire Chief Hedrick states the new engine that
is on order has an exhaust brake system that is similar to a jake brake. Marshal Stephenson states his concern that an
officer would have to witness the violation to enforce it and that won’t
satisfy all complainants. Council takes
this matter under consideration.
Town Council
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October 16, 2007
Impound
Councilman Spencer states he received a call
from Roy Carver asking if the Plan Commission’s opinion regarding Impound/Tow
& Recovery Lots had changed. Carver
wants to purchase ground from Mike Wood and build an Impound Lot off
Fire Department
Chief Hedrick states that during this year’s
budget hearings he discussed using any remaining Fireman’s Allowance funds to
purchase AEDs. Hedrick states there will
be enough money left to purchase 2 this year with the council’s approval. Council approves.
Councilman Harris leaves the meeting at 8:00
p.m.
Settlement
Attorney Robbins states he was involved in a
remediation hearing today on the David Stokes claim.
A final settlement offer has been negotiated. The final offer is $24,000 with the Insurance
Company paying $20,000 and the Town paying $4,000. With this settlement all claims will be
resolved and no future claims may be brought against the Town of any of its
agents. Attorney Robbins notes that once
the Federal claim is resolved there is still a pending claim in Johnson County
Superior Court that the insurance would not be involved in. Attorney Robbins would represent the Town and
is confident that we would be successful in our defense of the claim but notes
that our costs would exceed the out of pocket expense for the negotiated
settlement. Robbins adds that the Town
has a $2,500 deductible on the policy so the total amount the Town will pay is
$6,500. Robbins adds that by agreeing to
the settlement the council is not admitting to any wrongdoing only
acknowledging that this is the most fiscally responsible way of resolving this
issue.
Councilman Alspach asks about the pending
investigation by the Sheriff’s Department on the perjury matter. Attorney Robbins does not know. Marshal Stephenson states the Johnson County
Prosecutor refused to file charges.
Councilman Alspach asks if the record will
remain unchanged in regard to Mr. Stokes’ termination from the New Whiteland
Police department. Attorney Robbins
states yes. The record reflects that
Stokes was fired.
Councilman Spencer moves to settle with David
Stokes on all claims that have been or could be filed in the matter of his past
employment for a total settlement of $24,000 of which the Town will pay
$4,000. Councilman Noonan seconds the
motion. Vote 4 affirmative.
Attorney Robbins states the Town, the Town
Council and Marshal Stephenson all did their jobs and did them correctly. As distasteful as this settlement is it is
the least costly way of disposing of this matter.
Sick Leave
Clerk-Treasurer Alspach asks the council to
approve the use of an employee’s sick time for a future stepchild. The child needs several medical tests and the
employee is asking permission to use sick leave. Councilman Spencer moves to allow Dale Hardin
to use his accrued sick leave for health issues relating to his future stepson. Councilman Alspach seconds the motion. Vote 4
affirmative.
Town Council
Page Four
October 16, 2007
NEW
BUSINESS
CPCSC Extra Patrol Request
Councilman Spencer asks about the letter
received by the council requesting New Whiteland’s Police Department provide 2
officers before and after school to direct traffic on US 31. Marshal Stephenson was not aware of
letter. Stephenson states agreeing to
this puts his officers at risk, he is
also concerned about liability for the Town, and adds that we don’t have enough
officers working to provide traffic control and handle incoming calls. Stephenson agrees that the traffic problem is
getting worse all the time and that it is dark when vehicles are traveling to
school in the mornings.
Attorney Robbins notes other school
corporations hire their own security to deal with these issues. Stephenson notes that the High School is in
Whiteland’s jurisdiction and their officers do help with traffic on
Macerator
PW Supt. Lasiter states that this piece of
equipment went out at the Sewage Plant last week. The cost for a replacement unit is
$16,000. The current equipment is 8
years old having exceeded the average life expectancy which is 3 – 5
years. The cost to repair our equipment
is $8,000. Lasiter can get a rebuilt one
with a warranty for $13,000 after trade-in.
Lasiter is ordering a replacement macerator.
Street Overlays
Supt. Lasiter states that when the overlay
work was done on Mooreland between
Police Department
Marshal Stephenson states that the 911
commission is providing 5 new laptop computers to the Police Department. NWPD will be turning in their old
computers. We are still waiting on the
new radios that the commission approved for all Johnson County Police and Fire
Departments. This equipment will belong
to the County but be loaned out to the various departments for their use. Borrowing agencies are responsible for
maintenance and repair of the equipment.
Fire Department
Chief Hedrick is still waiting to hear from
Towers to see if they plan to use our new engine for their display at FDIC in
April.
LEGISLATIVE
Ordinance 2063
This is tabled until the November 6th
meeting.
Town Council
Page Five
October 16, 2007
Ordinance 2064
Attorney Robbins reads the ordinance amending
the zoning ordinance in title only on final reading. Motion to adopt by Member
Spencer with second by Member Alspach. Vote 4 affirmative.
Ordinance 2066
Clerk-Treasurer Alspach reads the transfer
ordinance in it’s entirety on first reading.
Motion by Councilman Noonan to approve with a second by Councilman Spencer. Vote 4
affirmative.
Motion to suspend the rules to consider this
transfer ordinance on final reading by Councilman Spencer. Motion seconded by Councilman Alspach. Vote 4
affirmative.
Clerk-Treasurer Alspach reads the transfer
ordinance in title only on final reading.
Motion by Councilman Alspach to approve with a second by Councilman
Noonan. Vote 4 affirmative.
OPEN TO THE
PUBLIC
None.
Being no other
business the meeting was adjourned at 8:46 p.m.
Respectfully submitted,
____________________________
Maribeth Alspach, Clerk- Treasurer
Approved: _____________________________