NEW WHITELAND TOWN COUNCIL
October 16, 2007
Town Council President
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.
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
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
Councilman Harris asks the status on the
project that was proposed by some area youth for a
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.
October 16, 2007
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
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.
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.
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.
October 16, 2007
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
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.
Supt. Lasiter states that when the overlay
work was done on Mooreland between
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.
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.
This is tabled until the November 6th meeting.
October 16, 2007
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.
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
Being no other business the meeting was adjourned at 8:46 p.m.
Maribeth Alspach, Clerk- Treasurer