October 7, 2008




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



Councilman Noonan moves to approve the minutes of the September 16th meeting and is seconded by Councilman Alspach.  Vote 3 affirmative and 1 abstention.  Member Harris abstains.



Mary Alexander, 404 Pleasant, had a serious water leak under her slab and is requesting time to pay her bill.  PW Supt. Lasiter has authorized an adjustment on the sewer portion of the bill as the water did not run through the system.  Remaining balance is $272.91and Ms. Alexander asks for 30 days to make payment.  Billing process is explained – Ms. Alexander will be assessed penalties if the bill is not paid by October 21st.  If the bill remains unpaid when the November bills are printed the account will be up for disconnect if the full balance of the October AND November bills are not paid by November 21, 2008.  The policy affords Ms. Alexander the 30 days she is requesting but she will have late penalties added to her balance after October 21st and in the event she can’t pay the October bill prior to the November bills being printed she will have to pay both months to avoid disconnect.  Ms. Alexander states she will be able to make the payment or payments before November 21st.



FEMA Updates

Clerk-Treasurer Alspach presents a status report on the FEMA Project Worksheets.  Currently we have a total of 13 claims.  Three of the claims have been reimbursed already.  All but two have been filed.  Hopefully Alspach and PW Supt. Lasiter will get the final two worksheets submitted within the next 2 weeks.


2009 Budget Hearings

The hearings will be held October 21st and November 18th at 7:00 p.m. during the regular council meetings.


November 4th Council Meeting Cancelled

The November 4th meeting is cancelled due to the Presidential Election.  The Town Hall is being used as a polling place for two precincts that day.


WWTP Building

Councilman Alspach asks what the cost would be to build a new pole barn storage building at the WWTP.  Alspach would like to see our equipment relocated to a building outside the flood plain as our insurance is not going to cover any of our claims for the building or its contents.  PW Lasiter states he is going to ask for mitigation funding through FEMA to cover the cost of constructing a building to prevent future losses in the event of another flood event.  Lasiter will ask for $60,000.00.  Lasiter would move all equipment to the new building with the exception of the vehicles.  Councilman Alspach asks if the Salt & Sand Building needs to be relocated as well.  Lasiter states it does not.


Police Officer Vacancy Update

Marshal Stephenson states that 16 applicants took a written test earlier this month.  The top nine (9) candidates will be asked to meet with the interview board in November.


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October 7, 2008



Non-Transfer of Title Paperwork

Clerk-Treasurer Alspach states she received paperwork from the Johnson County Auditor’s office stating that a legal description on a parcel filed in 1997 is incorrect and needs to be corrected.  Attorney Robbins states his office will take care of getting a corrected legal description prepared and filed.


Temporary Service Permit Request

Councilman Alspach states a gentleman attended the last Plan Commission meeting requesting temporary permits for semi drivers to be able to bring home their trucks to perform routine maintenance that he cannot get done anywhere else.  Since that meeting Alspach has also received a call from a resident asking for a permit to bring his truck home if and when he can’t leave it at the jobsite.  C.F. Fearin, 228 Northlane is present and is requesting permission to bring his truck home for routine maintenance.  Councilman Perrin asks how often he would want to do this.  Fearin states once a month.  Fearin states he has been doing maintenance on his truck for years and doesn’t understand why the law changed this year.  Councilman Harris explains that this ordinance has been on the books for years.  We have had several complaints in the last couple of years and the council directed the Police Department to step up enforcement.  Much of the Town Code and many Ordinances were revised within the last year.  Harris asks how many hours he would need to perform the maintenance.  Fearin states he wants to be allowed to bring the truck home from Friday night until he returns to work on Monday – he does not want to have to drive the truck back to Indianapolis when he completes the service work.  Attorney Robbins asks Mr. Fearin if he could service his truck at the location where he currently parks it.  Fearin states that he could but he would have to transport his tools there to do so.  He doesn’t know if there is anywhere he could plug in his compressor.  Councilman Alspach states he is concerned about how our police officers would be able to monitor the permits if they were approved.  How will they ever know who is allowed to have a semi in town and when or for how long?  It would be a nightmare to monitor.  President Perrin states there must be a reason that the lot where Mr. Fearin parks his truck doesn’t want maintenance work done on their property.  Those are the same concerns that the residents of New Whiteland have.  Perrin asks the council members to consider this request and asks that it be placed on the October 21st agenda for further consideration.


Temporary Office Space Request – State Board of Accounts

Clerk-Treasurer Alspach presents a request from Kerry Fleming with the State Board of Accounts for permission to use some empty office space here at the Town Hall for a temporary office until the City of Franklin gets their offices relocated.  Fleming believes they should have office space in Franklin again by the end of the year.  There is no money in the SBOA budget to pay for office space.  The council is agreeable with the arrangement through the end of 2008 with the following conditions:

1.                 The Town of New Whiteland has no liability or responsibility for any SBOA items being stored within that office or our building.

2.                 Kerry Fleming will have a key to the building and will make sure that the building is locked

when he or his employees leave.  The key will be returned to the Clerk-Treasurer when

SBOA vacates the space.

3.                 SBOA personnel will notify the New Whiteland Police Department if they will be in the

building during non-business hours (nights or weekends).  The Police Dept. phone

number is 535-9781.

4.                 In the event circumstances change and the Town needs to reclaim that space, we will

afford the SBOA 30 days notice to vacate.

5.                 If this arrangement needs to be extended the council would be willing to consider doing

so if asked.

6.                 There will be no compensation received by New Whiteland from the SBOA for the

temporary use of this space.


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October 7, 2008


Temporary Office Request continued

Councilman Harris moves to approve the request with the aforementioned conditions.  Motion seconded by Councilman Noonan.  Vote 4 affirmative.


2009 Holiday Schedule

Clerk-Treasurer Alspach presents the State approved 2009 Holiday schedule.  Councilman Noonan suggests adding Friday, January 2, for 2009 since we will be closed on Thursday the 1st.  Councilman Alspach moves to approve the schedule as presented and is seconded by Councilman Harris.  Vote 4 affirmative.


Community Food Drive

Clerk-Treasurer Alspach asks permission to hold the annual Food Drive the week of November 17th – 21st.  We can put a message on the November utility bills and ask residents to drop off donations here at the Town Hall like we have done the last two years.  Council approves.


Room Reservation Request

We have received a request from Amanda Challman to allow the Daisy Scouts to use the Assembly Hall on December 2, December 16th and January 20th from 5:30 – 7:30 p.m. at no cost.  The Daisy Scouts meet at the Clark Pleasant Library but there is a scheduling conflict for these 3 nights.  Council grants permission but directs Clerk-Treasurer Alspach to advise Ms. Challman that they will need to use the back parking lot due to those nights being council meeting nights.


OSHA Policies and Forms

Clerk-Treasurer Alspach presents copies of sales information on items Personnel Concepts has advised her she is required to purchase.  Fire Chief Hedrick states they are flooding him with “mandated” posters and policies and pressuring him to make purchases as well.  Attorney Robbins will research the law and determine what requirements we have and whether one set at the Town Hall will bring us into compliance or if each department / location will need to purchase any required posters or policies.  Attorney advises do not make any purchases until he reports back to the council.


Phone Contract Change Order

Marshal Stephenson is requesting that the two (2) main lines at the Police Department be hard wired in rather than be included in the PRI.  In the event of a storm if the antenna were damaged they could lose their phone service.  With the hardwired lines they will still receive calls and be able to call out.  The monthly cost for these 2 lines will be $47.05/ line/month plus tax if the Police Department uses Comcast High Speed Internet.  If the Police Department uses the DSL service included in the new contract the cost of their lines will be $33.00/line /month plus tax.  The Police Department would be able to drop the Comcast service at a savings of $99.95 per month.  Marshal Stephenson states this was supposed to be included in the contract but it appears that Chuck Cave failed to relay the information to Embarq.  Marshal Stephenson also needs one additional voice mailbox at a one time cost of $121.06.  There is no monthly charge associated with this.  Council asks when new system will be installed.  Clerk-Treasurer Alspach states the antenna was supposed to be installed today but when the installer arrived he found that the required electrical service was not in place.  Councilman Harris recommends asking Embarq to waive the cost of the voicemail box due to the delay in installation.  Councilman Harris moves to approve the Change Request with the $33.00/line/month cost with the shared DSL and the voice mailbox but ask for a discount due to the installation delay.  Member Noonan seconds the motion. Vote 4 affirmative.


Police Department

Member Harris asks if the decals and detail work have been completed on the new police cars.  Marshal Stephenson states Officer Rynerson’s car was the last one completed.  They are all done.


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October 7, 2008


Halloween Trick-or-Treat Hours

Marshal Stephenson states that the hours for Halloween Trick-or-Treating will be from 6:00 – 9:00 p.m. on Friday night, October 31st.  Last year there were more than 1,000 children who stopped at the Police Station for Halloween candy.  Vehicle inspection will be at the Police Station on October 31st prior to the start of Trick-or-Treat hours.


Fire Department

Fire Chief Hedrick states they have had mechanical issues with the reserve engine.  They had an air leak and the brakes locked up while the engine was in service.  The brake issue has been temporarily repaired.  Hedrick would like to replace the charging and air system on the truck to match what is on the new engine.  The estimated cost will be $1,500.00. President Perrin asks if this will correct the air leak problem.  Hedrick states it will not, but it will compensate for it.  Hedrick says the leak is too small to find.  Perrin asks if Hedrick has the money to pay for this work.  Hedrick says that he has money in Repair & Maintenance.  Council approves this request.



Ordinance 2085

Attorney Robbins distributes copies of a draft ordinance for special parking permits for residents installing new driveways and explains on first reading.  After some discussion several changes are recommended.  Attorney Robbins will revise the ordinance and present it at the October 21st meeting.

The revised ordinance will create a procedure to issue temporary parking permits for residents who are replacing their driveways.  

            Parking permits are only available to qualified residents who have a current driveway permit.

            Permit is good for maximum of 14 days – dates will be printed on the permit.

            Permits are not renewable.

            No more than 1 parking permit per current building permit will be issued.

            Permit will list make, model, year, color and license plate info for the vehicle it is being

issued for and the address where the driveway construction is being done.  Vehicle must be

registered to resident residing in the affected property.

Vehicles must be parked in front of the affected residence with the permit clearly displayed on the vehicle dashboard – clearly visible to the public and the police officers.  If not displayed properly vehicle will be ticketed – no exceptions.

            Permits will cost $10.00 and can cover up to four (4) vehicles. (Each vehicle will be issued a

separate permit)

Permits will be issued at the Town Hall and will not be post dated.  The resident will have to apply for the permit when the actual work begins and the permit will be valid no more than 14 days from the date of issuance.  Copies of all permits will be faxed to the New Whiteland Police Department.

Public Works Supt. Lasiter asks if the Public Works Department can be authorized to issue the special parking permits if they are doing repair work on a street or sidewalk that prohibits a resident from accessing their driveway.  Council approves and Attorney Robbins will add this to the revised ordinance. 


Ordinance 2086

Clerk-Treasurer Alspach reads the transfer ordinance and explains on first reading. Motion to adopt by Councilman Harris with second by Councilman Alspach. Vote 4 affirmative.  

Member Noonan moves to suspend the rules and consider the ordinance on final reading.  Member Harris seconds the motion. Vote 4 affirmative.

Clerk-Treasurer Alspach reads the transfer ordinance in title only on final reading.  Councilman Noonan moves to approve on final reading and is seconded by Councilman Alspach. Vote 4 affirmative.  



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October 7, 2008


Clerk-Treasurer Alspach presents a Memo to add Additional funds to certain appropriations in the Sanitation Utility.  Motion to approve by Councilman Alspach.  Second by Councilman Noonan. Vote 4 affirmative.



Marvin Witzerman, 1035 Hilltop Commons Blvd., does not believe the residents are getting the full sprinkling credit.  After some discussion it is determined that the additional month (September) that was approved in January 2008 was never added.  Ordinance 2011 needs to be amended.  Attorney Robbins will prepare the amendment for the October 21st meeting.  Office Manager Yates will make the necessary adjustments on those bills that had high usage in September and would have been credited had the ordinance been amended in January.


Nancy Orr, 124 Arabian Court asks why the wastewater portion of her bill is higher than the water portion.  Councilman Perrin explains the process of treating and cleaning the wastewater is more costly than purchasing water.


Charles Howard, 230 Center Street, representing Southpointe Church thanks the council for allowing them to host the Movies in the Park events in the East Park this summer.  The events have been a huge success and Howard hopes to be able to expand the program next year.  He is here tonight to ask permission to use the East Park on the evening of October 25th to host a Fall Feast for the community.  It will be open to all and free of charge.  There will be a pumpkin patch, hay rides, a hog roast and they would like to have a bon fire and an inflatable for the kids.  Councilman Perrin has some concerns about allowing the hay ride on neighborhood streets.  Howard would like to go through the ball park and around Parkview.  Fire Chief Hedrick may have an issue with the bon fire – he would want to be sure there were firefighters monitoring the fire or on stand by.  Hedrick would like to check the existing ordinance to be sure this is permitted. Perrin asks Howard if the church would be willing to pay a couple of firemen the $8.00 hourly paid stand by rate to be on station during this event.  Howard believes they would.  Hedrick believes he has adequate funds to cover the pay within his budget.  Council approves Mr. Howard’s request pending Chief Hedrick’s review of the Open Burning Ordinance.


Being no other business the meeting was adjourned at 9:00 p.m.


Respectfully submitted,




Maribeth Alspach, Clerk- Treasurer




Approved: _____________________________  

                 John Perrin, President