September 2, 2008



Town Council President, John Perrin, opened the meeting at 7:03 p.m. with the pledge of Allegiance to the American flag.  Council members present were Joe Noonan, Terry Spencer and John Perrin.  Members Don Harris and Scott Alspach were absent as well as Clerk-Treasurer, Maribeth Alspach.  Departments Heads Ed Stephenson, Jim Lasiter and Brian Hedrick were all in attendance.  Office Manager Cindy Yates was in attendance and filling in for Maribeth.

Attorney Lee Robbins was in attendance.  Joe Noonan opened the meeting with prayer.



Councilman Noonan motioned to approve the minutes from the previous meeting and is seconded by Councilman Spencer.  Vote 3 affirmative.



There were none.



Julie Phelps sewer credit request  / 136 Northlane

This request was tabled from the last meeting while Lee Robbins researched the legalities of such a credit.


Lee states that it is a difficult request to deny however there is not any kind of exception available for arthritis.  The Phelps are using the water and the water is going through the sewer system.  Lee cautioned the Council on such requests, where do you draw the line.  It is not a lack of compassion, just that the Town cannot offer special treatment due to a unique exception.


John Perrin states that the water goes through the sewer system just the same as dish water and when a toilet is flushed.  John continued that this request is not a one time deal such as a pool credit or a leak.  It was decided that no sewer credit can be given.


Emergency Management Plan:

Ed Stephenson is waiting to meet with Tug Sutton to work on this plan.


Storage Shed for Fire Department:

Brian Hedrick reports that the building has been ordered, it will have white vinyl siding to match the existing building and it came in at a lower cost.



Sewer Rates:

Terry Spencer states that a resident asked him why the sewer rates are so much higher than the water rates.  And when the loan is paid off, will residents see a reduction?




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Sewer Rates (continued):

I answered that it costs more to treat the water at the sanitation plant than it does to buy the

water.  Lee stated that utility rates very seldom go down because everything doesn’t stay the same. Other parts of the system could need repaired.    There are other issues that come into play, such as salaries, the cost of chemicals, if the collection system is taking in more INI.  The sanitation plant is just one part of the system.



15 Year Law - Liberty Tabernacle Water Line Extension:

Lee states that in recent conversations the church is trying to recoup cost for a sewer line they put in, but it is really a water line.  No such thing exists for water lines.  There is not a statutory scheme already in place. Attorney Lee Robbins will continue to work on this matter.



Salt Bids:

Jim Lasiter states that the severe winter we had last year has created a shortage of salt.  There are three major companies that supply salt, however Morton Salt and North American Salt will not bid us on salt this year.  They will be taking care of the bigger companies.


Jim is trying to piggy back onto MPO or Johnson County, but they have the same situation.  Jim has found a new product in Utah that is similar to salt.  This product is brown and harder and one should be able to apply the amount as salt.


This product costs $176.00 per ton, delivered.   Jim is asking permission to transfer $22,000.00 from grant money to equipment since he isn’t going to be buying a leaf machine this year.  Jim wants to buy this product now before other entities find out about it.  This product is called Ice Slicer and is mined in Utah, Jim has a sample of it.  Terry Spencer gave permission to transfer the money.  John Perrin will call Jim with another possible contact person.


Legislative Business:

Ordinance 2082:

An Ordinance declaring certain funds dormant and allowing for transfers

I read the ordinance 2082.  Terry Spencer approved Ordinance 2082 on second reading.  Joe seconded the motion.  Vote was 3 affirmative.


Open to the Public:

Marvin Witzerman resides at 1035 Hilltop Commons and is concerned about a utility trailer at 180 Arabian Court.  When he spoke to the resident she claimed to have permission from the New Whiteland Police Department to park this trailer on the street.  Other residents in Hilltop Commons are complaining also.


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Open to the Public:

Marvin Witzerman (continued)


Mr. Witzerman requests to change Town ordinance to prohibit such trailers from being parked at all on the street at anytime, not just between 2:00 am and 5:00 am.  John Perrin comments about someone who has lawn service and that company parks their truck and trailer on the street while mowing, he does not want to have such an ordinance.


Mr. Witzerman states that the Attorney for the Hilltop Commons Homeowners Association is revising the covenant to restrict parking at all on the street at anytime, not just between 2:00 am and 5:00 am.  Mr. Witzerman asks the Council if that would have any conflict with the Town.  Lee Robbins responded that they have the right to have their covenants and they have the right to enforce it, the New Whiteland Police Department would not enforce the covenant.  Lee suggested Tim Guyer to look at it and perhaps it is a use violation of the property.



Linda Gray / 799 Harvest Meadow Way:

Mrs. Gray is concerned about the way New Whiteland is becoming an eyesore along U.S. 31, the tall grass between US 31 and peoples back yards.  John Perrin replied that is the responsibility of the State Highway Department and they only take care of it two times a year.  She is also concerned with homes looking horrible, piles of wood and junk cars.  Mrs. Gray asks if anything can be done to clean up properties?  She complained of no shopping in New Whiteland, nothing to draw people into New Whiteland.  Terry Spencer replied that New Whiteland has great fire protection, police protection and clean streets in the winter.  Mrs. Gray agreed.


Mrs. Gray inquired as to who owns the commercial property in front of Country Gate.  I replied that a gentleman by the last name of Richwine does.  She wanted to know who owns the property  by the railroad tracks?  I replied that C.P. Morgan owns it.  Mrs. Gray states that it is not being mowed and sometimes Country Gate residents take their own lawn mower and mow it.  John Perrin stated that we can ask C.P. Morgan to cut the industrial section, and agreed with her about some of  the eyesores.  John explained the mowing process to her, that the grass has to be 12" high, and then we give the homeowner 7 days to cut it, if they don’t, the utility workers go and mow it.


Mrs. Gray asked about a committee to help people clean up their property.  Council welcomed that idea.  It was also discussed that everyone has tried to market the commercial property in front of Country Gate to no avail.  With a slumping economy, no one seems interested in bringing a nice restaurant or business to that property.




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Charles Howard / Southpointe Church:

Charles Howard with Southpointe Church resides at 230 Center Street, thanked the Council for letting them use East Park for Movie in the Park, this past Saturday night.  Around 100 people attended.  Mr. Howard thanked Ed Stephenson and Jim Lasiter for their participation.  Mr. Howard received a lot of good feedback and there were no problems.  They would like to schedule another event for later in September. Council was fine with that.


Meeting adjourned at 7:52 p.m.



Respectfully submitted:



Cindy Yates

Office Manager


Approved By: