AUGUST 15, 2006



Town Council President John Perrin opened the meeting at 7:00 p.m. with the pledge to the American flag. Council members present were Joe Noonan, Don Harris and Terry Spencer.   Also present were Attorney J. Lee Robbins, Clerk-Treasurer Maribeth Alspach along with Department Heads Jim Lasiter, Mary Facemire, Ed Stephenson, and Office Manager Cindy Yates.  Councilman Alspach and Fire Chief Hedrick were absent.  Councilman Spencer offered the opening prayer. 



Member Harris moves to approve the minutes of the August 1st Executive Session.  Motion seconded by Councilman Noonan.  Vote 4 affirmative.

Member Spencer moves to approve the minutes of the previous (8/2) meeting.  Motion seconded by Councilman Noonan.  Vote 3 affirmative and 1 abstention.  Member Harris abstains.

Member Spencer moves to approve the minutes of the August 3rd Preliminary Budget Hearing.  Motion seconded by Councilman Noonan.  Vote 3 affirmative and 1 abstention.  Member Harris abstains.



Depository of Record

Clerk-Treasurer Alspach states that she has prepared the ordinance to designate National Bank of Indianapolis as our depository of record.  Fifth Third Bank has now advised her that they can also provide courier service and Alspach wants the council to be aware of that before making a final decision.  There is some discussion on the increased interest benefit that was quoted by National Bank of Indianapolis and various service difficulties that have been experienced in the past with the town’s accounts as well as some council members.  Alspach suggests considering the ordinance tonight but she will wait to order new checks until the proposal comes in from Fifth Third for her to review.


Ordinance Revision Update

Marshal Stephenson states that the Department Heads have met several times and are preparing a revised document of the recommended changes.  The new document incorporates all of the ordinances and codes for New Whiteland.  It will be 300 – 400 pages in length.  Stephenson asks if the council wants to review the document or if they want the attorney to?  Council asks that the document be made available to the council and the attorney for review on CD.  Marshal Stephenson agrees and says they should receive copies in 2 to 3 weeks.


Storm Damage

Clerk-Treasurer Alspach distributes copies of the final loss estimate she received from the adjuster for the damage incurred during the storm on July 18th.  Total loss was set at $78,553.23 which includes roofs at the Town Hall, Police Station, Fire Station, Concession Stand and Water Treatment Plant, a swing set, picnic table, and tennis court lighting.  The town has a $2,500.00 deductible and all other costs should be covered.  Shingle colors have been selected and we are waiting for the roofing schedule.


Meeting Cancellation

Due to the Labor Day holiday and vacation schedules the September 5th meeting is cancelled.  A docket will be run on August 30th and the council members will stop in and sign it.


Portable Basketball Goals

Councilman Spencer asks about enforcement.  Marshal Stephenson states that part of the revisions to the ordinances is moving many of the nuisance violations to the Ordinance Violation Bureau enforceable by the police department rather than the zoning administrator.



Town Council

Page Two

August 15, 2006



Police Department

Marshal Stephenson states that the new vests have been received and issued to the officers.  Stephenson, Roy Hendershot and Laura Clawson fingerprinted 200 kindergarten and 1st grade students at the Back to School ice cream social last week.  Marshal Stephenson spent today at WCHS participating in the student orientation.  The NWPD will be providing fingerprinting services at the Break-O-Day Carnival in September also.  Stephenson forgot to bring his monthly status reports but will put them in the councilmen’s mailboxes tomorrow.



Utility Easement Request

PW Supt. Lasiter states he was approached by Whiteland’s Town Manager last week with a request to run some water lines in our easement near Tracy Road and the railroad tracks.  Whiteland is trying to loop their water system and the cost savings would be significant for them if they could bore under Tracy Road and use the easement on our side of the tracks.  The easement on the south is 100’ and the easement on the north is on 40’.  Lasiter advised Dennis Cappozzi that the town has discussed annexing property east of our existing boundary along Tracy Road.  Cappozzi states that Whiteland would not pursue anything west of Emerson but would not commit to that guarantee east of Emerson.  Lasiter adds that due to separation requirements between water and sewer lines there could be some crowding concerns in the future if we decided to extend our lines further east and Whiteland had a water line in that easement.  Attorney Robbins adds that if Whiteland has a water line east of the tracks on the north side of the road a property owner could petition the Town of Whiteland for utility services without Whiteland initiating annexation proceedings.

Councilman Spencer states that he wants to maintain a good relationship with Whiteland but wants to protect our right for future annexation.  Council agrees and directs Supt. Lasiter to advise Mr. Cappozzi that this request has been denied.


Waste Removal Contract

Clerk-Treasurer Alspach notes that the current contract is good through 2007.  There has been some discussion about getting rates to switch to automated pick up and Alspach suggests soliciting bids now for a contract to begin January 1, 2008 so that if the bids are a great deal higher than our current contract we can revise the specs and re-bid.  Council agrees and asks that bid specs be prepared for automated pick up for trash and recycling.


Boom Boxes

Councilman Harris asks if boom boxes were included in the ordinance revisions.  Marshal Stephenson states that they were.  Noise restriction nuisance added for anything greater than 35’ from the point of origin.


Employee incident

PW Supt. Lasiter has distributed a memo to the council regarding an incident involving one of his employees.  Lasiter wanted the council to be aware of the incident and has spoken with the employee and written him up.  A copy of tonight’s memo will be placed in his personnel file.  Lasiter states he has not had a problem with this employee in nearly 2 years of service and would like to retain the employee with the understanding that any future incident would result in immediate dismissal.  Lasiter would like to wait for court resolution before final decision is made and will request an

Executive Session when all of the information is available.  Councilman Harris states Lasiter has the authority and the confidence of the council to make the final decision.  Lasiter will inform the council if there is a need to schedule and Executive Session.




Town Council

Page Three

August 15, 2006




Ordinance 2037

Attorney Robbins reads the ordinance and summarizes on final reading.  This ordinance “cleans up” by repealing provisions in old ordinances that govern Water Utility Meter Deposits.  Our new policy for Meter Deposits is not part of the rates and charges ordinance.  Councilman Spencer moves to adopt Ordinance 2037 on final reading and is seconded by Member Harris.   Vote 4 affirmative.  


Ordinance 2038

Clerk-Treasurer introduces the ordinance designating National Bank of Indianapolis as the depository of record for our funds.  Councilman Harris moves to adopt the ordinance and is seconded by Councilman Noonan.  Vote 4 affirmative.  

Councilman Spencer moves to suspend the rules and consider the ordinance on final reading tonight.  Motion is seconded by Councilman Noonan.  Vote 4 affirmative.  

Clerk-Treasurer Alspach reads Ordinance 2038 in title only on final reading.  Motion to accept by Member Noonan.  Member Harris seconds the motion.  Vote 4 affirmative.  


Clerk-Treasurer Alspach presents a memo with transfers and additional appropriations for the Water and Sewer Utilities and council unanimously approves them.





Councilman Harris departs the meeting at 7:50 p.m.



The following reductions to the 2007 Budget are made:

            Town Administration reduced by $65,724.00

            Fire Department reduced by $300.00

            Plan Commission reduced by $4,940.00

            M.V.H. reduced by $18,000.00

The Police Department budget request is increased by $2,000.00


Councilman Noonan moves to approve the following budgets on first reading:

            Town Administration in the amount of $ 431,531.00

            Police Department in the amount of $ 753,557.00

            Parks Department in the amount of $ 54,283.00

            Properties Department in the amount of $ 86,327.00

            Fire Department in the amount of $ 95,112.00

            Plan Commission in the amount of $ 36,967.00

            M.V.H. in the amount of $ 186,051.00

            Water, Sewer, and Storm Water budgets as presented with no changes

Councilman Spencer seconds the motion.   Vote 3 affirmative.


Council directs Clerk-Treasurer Alspach to prepare a resolution reducing the 2006 budget as identified in the August 3rd memorandum.  Alspach will prepare the resolution for the September 19th meeting.  Council will seek ways to reduce the 2006 or 2007 budget by an additional $40,000.00 before the final hearing on September 19, 2006.




Town Council

Page Four

August 15, 2006



Being no other business the meeting was adjourned at 8:10 p.m.


Respectfully submitted,




Maribeth Alspach, Clerk- Treasurer


Approved: _____________________________  

                 John Perrin, President