JANUARY 16, 2007



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 Watson, Clerk-Treasurer Maribeth Alspach along with Department Heads Ed Stephenson, Brian Hedrick, Mary Facemire, Jim Lasiter and Office Manager Cindy Yates.  Councilman Alspach was absent.  Councilman Noonan offered the opening prayer. 



Member Noonan moves to approve the minutes of the previous meeting.  Motion seconded by Councilman Spencer.  Vote 3 affirmative.  Member Harris abstains.



Town Marshal Ed Stephenson presents the award that was received by the New Whiteland Police Department from the Governor’s Council on Impaired and Dangerous Driving.  The New Whiteland Police Department made 36 DUI arrests in 2006.  Marshal Stephenson recognizes Officers Hendershot and Hanlin who are present for overseeing the Operation Pull Over Program.



Fire Engine Financing Update

Fire Chief Hedrick states that he emailed all of the council member’s copies of the quote information he gathered on the financing options.  Hedrick has ruled out the prepay option as the leasing company will put the money in escrow and it will earn approximately $10,000.00 in interest while the truck is being built.  Hedrick’s proposal includes paying $100,000.00 from the Cum Fire Fund as a down payment when the truck is delivered and accepted.  The remaining balance will be financed with a lease to purchase agreement.  Hedrick asks that when the final financing documents are ready President Perrin be authorized to execute them.

Attorney Watson recommends any approval be contingent on the town’s financial consultant, Jeff Birk and Attorney Robbins review and approval of all of the documents.  Chief Hedrick is recommending First Municipal Leasing Corporation with semi annual payments being made from the Cum Fire Fund over the period of the proposed 12 year term.

Councilman Noonan moves accept the terms of the lease and the contract for the apparatus once both have been reviewed and approved by Jeff Birk and Lee Robbins and authorizing President Perrin to execute those documents.  Councilman Harris seconds the motion.  Attorney Watson cautions that some lease agreements require public hearings.  Chief Hedrick states all legal notices were filed for bid process.  Vote 4 affirmative.  Chief Hedrick will fax copies to Jeff Birk and Lee Robbins.


Skate Park

Park Director Facemire states that she has been meeting with the boys who are working on a proposed Skate Park.  Facemire asks the council if they would allow the use of one of the existing tennis courts for the future skate park site.  Facemire notes that there are 10 lighted tennis courts at Clark-Pleasant Middle School and ours are not used as much as they once were.  President Perrin states that he would want a tall fence or permanent barrier of some kind separating the two courts.  Council approves.


Zoning Violation Update

Clerk-Treasurer Alspach reports that Zoning Administrator Tim Guyer served notice on the residence on Parkview that was reportedly housing 5 or more dogs.  The resident has until tomorrow, January 17th to be in compliance and have no more than 2 dogs on the property.  Mr. Guyer will check the property tomorrow and take whatever measures are necessary.  He will file a report with the Plan Commission at their meeting on January 23, 2007.




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January 16, 2007


Town Ordinance & Code Revisions

Town Marshal Stephenson asks if the council has completed their review and if the proposed

Revisions can be forwarded to the Attorney for his review and direction as to the procedural steps

necessary to implement the changes?   Council directs Stephenson to deliver a disk to Attorney

Robbins office.  Stephenson notes he will need to add the current solicitor’s permit verbiage as well

as proposed parade permits language.  He will email those additional sections to the council.


Proctor Park

There is some discussion on moving forward with the sign.  Several organizations and individuals have expressed an interest in contributing.  Clerk-Treasurer Alspach suggests that those names be submitted to her office so that a list can be compiled to keep everyone involved in the project.


Bantam Football Program

Councilman Spencer asks about the Bantam Football Program.  Spencer asks if the Parks Department will still have this program.  Director Facemire states she plans to offer the program but is unsure of what kind of response she will have.  The High School Football Coach has notified her that the school will be taking over that program.  President Perrin suggests Facemire contact the coach and see if they would be interested in purchasing our equipment or allowing us to continue the program but sell $5.00 season passes to attend the games.  Perrin and Councilman Spencer offer to meet with the coaches.


Drainage Issues

PW Supt. Lasiter states that we received 4 inches of rain over the weekend and experienced no major problems.  The modification at Country Gate still needs to be completed and should be in the Spring.

Lasiter wants to address the water that lies in the front yards of the homes along Whiteland Road and Sawmill.  Lasiter states the homes are 50 years old and the homeowners have built up their driveways without putting pipes under them, closing off the drainage ditch that originally ran along the road.


Town Boundary

Councilman Harris asks if any progress has been made in squaring up the town’s boundary at Tracy Road and the railroad tracks.  PW Supt. Lasiter states the elderly lady who owns the property has expressed an interest in having the ground annexed but is not ready yet.  She will contact a realtor when she is ready.



Best Way Newsletter

Clerk-Treasurer Alspach presents copies of the request she received from Best Way asking for a 30 – 45 day delay on mailing out the annual newsletter so that they can include the information on the automated system in that mailing.  Council approves.  Sample letter will be submitted at the February 20th meeting.


Eagle Scout Project

Chris Summers is not in attendance to present his request.


Traffic Enforcement

Councilman Harris asks for extra traffic enforcement patrol at the stop sign at Lynwood and Mooreland Drive.


Fire Department

Chief Hedrick provides packets to all councilmen containing his 2006 Year End reports.

Hedrick adds that he notified Medtronic’s that if our AEDs are not usable due to the requirement

changes he will not be making the $1,250.00 annual maintenance payments referenced in the 3 year

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January 16, 2007


contract signed in 2005.

Chief Hedrick informs the council that both the Rescue 11 and Engine 12 are out of service.  Rescue 11 has an oil leak and Engine 12 won’t start.


Dump Truck Purchases

PW Supt. Lasiter presents 3 quotes on two different size dump trucks.  Lasiter states that these purchases were approved in his 2007 budget but the total cost of the 2 trucks exceeds the amount budgeted by $7,495.00.  Lasiter has funds available in Sanitation to cover the shortfall.  Lasiter requests permission to purchase two (2) new trucks; a 2005 F350 Ford with a 9’ dump bed for $26,995.00 and a 2007 F650 Ford XL with a 10’ dump bed for $50,500.00.  Lasiter recommends selling the 1988 Ford 350 dump truck and the 1989 Chevrolet C70 dump truck and believes they should sell for around $7,500.00.

Councilman Harris moves to authorize the purchases and is seconded by Councilman Noonan.  Vote 4 affirmative.   Council directs Clerk-Treasurer Alspach to cut the checks.



Ordinance 2047

Attorney Watson introduces the ordinance setting the rates for trash and recycling for 2008 – 2011.  Councilman Harris moves to adopt Ordinance 2047 on first reading.  Motion is seconded by Councilman Noonan.  Vote 4 affirmative.



William Sweeney, 778 Harvest Meadow Way does not want to pay the $105.00 charge to set up a new account.  Sweeney was recently divorced and the existing service is in his ex-wife’s name.  She has asked that the water be disconnected and that her meter deposit be refunded.  Sweeney does not want to pay the fees as he already lives in the house.  He explains that he is a single father and he does not have the money – he could pay it with a credit card but we don’t accept credit card payments.  Reasons for requiring meter deposits are explained and the council agrees to allow Mr. Sweeney to pay the $30.00 Read Meter fee before the 25th (the date Mrs. Sweeney wants the service disconnected) and then spread the deposit over 3 months with $25.00 due on the 21st of February, March and April of 2007.  Attorney Watson cautions Mr. Sweeney that failure to make any of these payments on time could result in disconnection of the service.


Office Manager Cindy Yates points out to the council that when the residential meter deposit was increased we failed to increase the larger line size meter deposits.  Council agrees that these need to be increased as well.


Michael and Amy Combs of Tracy Commons are here to ask if anything can be done to increase their water pressure.  Mr. Combs states that when he tries to piggyback hoses for sprinklers his water pressure is to low to activate the sprinkler.  PW Supt. Lasiter thinks it is probably a line issue at that residence, the pressure should be sufficient in that subdivision. 


Being no other business the meeting was adjourned at 8:50 p.m.


Respectfully submitted,



Maribeth Alspach, Clerk- Treasurer



Approved: _____________________________  

                 John Perrin, President