Town of Fortville Regular Meeting Minutes January 7, 2013
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1 Town of Fortville Regular Meeting Minutes January 7, 2013 OPENING OF MEETING: Meeting called to order by Council President HIDAY at 7:00p.m. PRESENT: BILL HIDAY, Council President; JANET MANSHIP, Council Vice-President; RON STAFFORD, Council Member; NANCY SIZEMORE, Council Member; ROBERT HOLLAND, Council Member; JOE RENNER, Town Manager; and ALEX INTERMILL, Town Attorney. ABSENT: MARCIE STAFFORD, Clerk-Treasurer. APPROVAL OF THE MINUTES: STAFFORD made a motion to approve the minutes from the December 17, 2012 Town Council meeting. MANSHIP seconded the motion. Motion carried, approved 5-0. PUBLIC: Bob McCoy presented plans for an Autism Month bike ride in the town. 1-mile ride for families and 30-mile ride for more serious riders. April 27 th or May 4 th as a rain date were proposed. B. Hiday requested B. McCoy complete and submit the special event request form. J. Renner will B. McCoy the form or he can get it from the website. UNFINISHED BUSINESS: No Unfinished business. NEW BUSINESS: 2013 Council Officers J. Manship nominated B. Hiday for President and N. Sizemore 2 nd motion. Motion carried 3-1 with R. Stafford voting no and B. Hiday abstaining. R. Stafford nominated J. Manship for Vice-President and N. Sizemore 2 nd motion. Motion passed 4-0 with J. Manship abstaining Council Dates R. Stafford complimented J. Renner for the accuracy of the calendar with respect to holidays and scheduled dates for meetings. J. Manship agrees with keeping 2 council meetings per month but suggests moving the meetings to the 1 st and 3 rd Tuesday or 2 nd and 4 th Monday beginning in February. J. Renner to adjust calendar and present to council. Appointment of RDC members B. Hiday stated that all existing RDC members and David Werking and Lenzy Hendricks had expressed interest in serving. Hiday Page 1 of 6
2 then appointed Tyrone Garrison, David Werking, and Lenzy Hendricks to the RDC in his capacity as Town Council President. J. Manship asks if Jeff Ratliff will be available to serve due to his planned travel schedule. Ratliff should be available to participate, although some participate remotely is likely at times. J. Manship nominates Linda Baxter and R. Holland 2 nd nomination. Nomination passes 5-0. R. Stafford nominates Jeff Ratliff and N. Sizemore 2 nd nomination. Nomination passes 5-0. Cliff Owens, Fortville Optimist 2013 Ball Day C. Owens presented plans for 2013 Ball Day. June 1 is proposed date, pending approval by Council. Fortville Optimist will need barricades for parade and will otherwise self-police the event. There will be the dedication of the Mrs. Terrill field. R. Stafford commended Mr. Owens for the outstanding job he and the Optimists do for the community. R. Stafford moves to approve 2013 Ball Day and J. Manship 2 nd motion. Motion passes 5-0 pending submittal of completed special event form. Ashley Plank 2013 Relay for Life A. Plank introduces Chris Dino who presents the Relay for Life information to Council. Traditionally the event has involved only Mt. Vernon Schools, but they want to incorporate the Town and broader community and get Council support. R. Stafford suggested putting the event on the Town s website and calendar. J. Manship asked Dino to fill out the special event request so that the Council could take official action endorsing the event. Ms. Manship also suggested getting a Town relay team together. R. Stafford suggested to Relay for Life and Optimist and Autism Day putting banners up across SR 67 on new poles. Relay for Life event to take place May :00am-10:00am. DEPARTMENT HEADS REPORT: CHIEF LYONS: o Presented quotes for vehicles and fielded questions regarding same from Council. o Report of minor accident of Off. Shelley Not officer s fault and getting quotes on repairs. J. Manship inquires if insurance will cover accident and Lyons responded that it will. o Report on blown engine in new car. J. Manship asks if it is covered by warranty Lyons states that it is not because of an alleged lack of maintenance no oil changes. R. Stafford asks what the value of the car is running vs. not running. Stafford requests information from the computer diagnostic report detailing the circumstances of blowing the engine and if not changing the oil was the cause. Stafford states that one of the Crown Victorias should be used in the interim. J. Manship asks Lyons about maintenance policy for cars and Lyons states that maintenance is the individual officer s responsibility. R. Stafford stated that in the past the Town changed the oil and that now we take the cars in for oil changes. J. Manship requests Lyons verify the maintenance status for all cars in police fleet. R. Stafford asks if maintenance is in the budget and Lyons is not sure. J. Page 2 of 6
3 Manship asks Lyons to confirm with the Clerk Treasurer on the budget and availability of funds to repair the car. N. Sizemore inquires whether the Check Engine light was on and ignored by the officer Lyons does not know. R. Holland asks if the car is still being paid for Lyons answers that it is. B. Hiday asks what dealer declined the warranty Lyons answers Eastgate Chrysler. J. Manship asks for documentation on oil changes and maintenance. B. Hiday agrees with Manship and asks for information to assess whether we can contest denial of warranty. J. Manship agrees that Town needs an assessment of the value of the car as well. o R. Stafford asks Lyons if he is stepping down/relinquishing his position as Interim Marshal. Lyons states that he is. J. Manship clarifies that Lyons will continue to serve until the new Marshal is hired Lyons agrees. o M. Lyons makes presentation to Off. Fox of DuPont Kevlar Survivor s Award. J. Manship asks for update on Off. Fox s status Fox reports that he is almost cleared for full duty and is currently in the office. o N. Sizemore asks about the hiring process for the Marshal i.e., should the Council put Off. Kiphart in the Marshal position? R. Holland states that Off. Kiphart may apply just as any other candidate. R. Holland recommends removing Lyons as Interim Marshal and falling back on department chain-ofcommand using Sgt. Fuller and Sgt. Lyons to run department until Marshal is hired. J. Manship makes motion to accept Lyons letter to step down as Interim Marshal and R. Stafford 2 nd motion Passes 5-0. Council has further discussion regarding Interim Marshal and pay. J. Manship moves to appoint B. Kiphart as the Interim Marshal until hiring of Marshal is complete N. Sizemore 2 nd motion. R. Stafford in further discussion of motion states that he understands the concerns but does not see where another 60 days Marshal pay will make or break the Town. R. Holland states that B. Kiphart holds rank of patrolman which would be outside the chain-of-command. Vote taken and motion fails 3-2 with B. Hiday, R. Stafford, and R. Holland voting no. B. Hiday asks if M. Lyons is agreeable to serving as Interim Marshal for another 60 days Lyons is. R. Holland moves that Sgt. Fuller take Interim Marshal position and J. Manship 2 nd motion. Motion fails 3-2 with R. Stafford, B. Hiday, and N. Sizemore voting no. R. Stafford states that M. Lyons should stay at Interim Marshal pay until the selection is made and N. Sizemore 2 nd motion. R. Holland states that Lyons already relinquished the position and questions what accountability he will have if he continues to serve at this point. Vote taken and motion passes 4-1 with R. Holland voting no. J. Manship moves that Lyons will be on the 24-day cycle and N. Sizemore 2 nd motion. J. Renner states that Lyons first check was for 40-hour week. Attorney comments that we may need to amend the salary ordinance. Vote taken and motion passes 5-0. J. Manship requests that salary ordinance amendment proceed to the extent it is necessary. o B. Hiday asks J. Renner to proceed with advertising the Marshal opening and developing the draft criteria for consideration by the Council. R. Stafford asks that exclusion criteria be included to keep frivolous applications from Page 3 of 6
4 coming in and wasting the Council s time. J. Manship suggests that the criteria be preferred rather than required to allow for flexibility in considering candidates. J. Manship suggests moving the 15 years of fulltime police experience to 10 years. R. Stafford states that the Council needs to move quickly on identifying the criteria. The Council decides to meet at 6:00pm, January 10. Cliff Owens states that he believes the issues with crime in the Homecrest development are related to the Council s failure to hire a Marshal. B. Hiday tells Owens that Council is privy to some information that shapes this situation and that it is not as simple as Owens as suggested. Owens states that the Police Department needs a leader not an interim leader. REPORTS: Town Manager: J. Renner reports that Tony May was appointed by the school board to the RDC to replace Bob Hiday. Renner reports that Marcie Stafford is back in the office. Clerk-Treasurer Report: Clerk-Treasurer not present. Town Attorney: Nothing at that time. PUBLIC: Ashley Plank States that there will be a kick-off event for the Relay for Life on January 24 from 6:30pm to 8:30pm at Indulge. Jeff Ratliff raises alleged issue of implementation of Town s utility deposits. He is concerned that the utility office is not consistently applying the policy for the deposits and wants clarification of how the policy works suggests the Council not make a decision at this meeting. Ratliff claims that some people are charged water deposits and some are not and believes the definition of new customer is the issue. J. Renner states that it is the intent of the policy to treat everyone equally Renner understands Ratliff s concern but in reading the ordinance/policy as a whole, the verbiage of establish service controls the issue i.e., each time service is established, a deposit is required. J. Manship agrees with Renner on the intent of the ordinance, comments on the fact that the Council met with the landlords in the Town to hear their concerns and believes the ordinance is fine as written. Attorney asks Ratliff if he has been affected by his alleged concerns Ratliff states he has not. Attorney asks if Ratliff is here representing the people who have been allegedly impacted Ratliff says he is not. B. Hiday agrees that there is an issue with rental properties and landlords and questions if the policy should differentiate between property types. R. Stafford questions the difference between a new Page 4 of 6
5 customer and new service e.g., what if an existing customer moves to another property? Attorney cautions the Council from taking any action on this issue based on the unfounded allegations presented by Ratliff and suggests the Council address the concerns only when presented by the people who are actually affected. R. Stafford states the process should be for the customer to take the issue up with J. Renner and if not satisfied then to bring it to the Council. J. Manship states there is no ambiguity and if there is an inconsistency in the implementation in the office, the Town Manager can address that. Skip Cooper from the Hancock Co. Economic Development Council states that Tuesday, January 15 is the annual meeting and also asks to be on the Council s agenda once per quarter to provide an economic development update. Ellen Rich Asks why the public is not allowed to know why the Council has not pursued a new Marshal. J. Manship responds that her understanding was that M. Lyons was the acting Marshal. COUNCIL ENDING COMMENTS: HOLLAND Nothing at that time. MANSHIP Proposes meeting with each police officer to get input on what qualities they would like to see in the new Marshal. R. Stafford suggests that the criteria be developed first. J. Manship responds that they can discuss the issue further at Thursday s meeting. R. Stafford says that Sgt. Fuller suggested meeting with each officer long ago and that has not yet happened. R. Holland volunteers to lead the effort to meet with the officers. J. Manship states that she would prefer the entire Council to participate in an executive session. STAFFORD States that those presenting information to the Council should get the information to the members before the presentation so that the Council can read and digest the material. J. Manship disagrees and states that she will take the information whenever it is offered but that those presenting must understand that no action will be taken on it the night it is presented. HIDAY Projects for the Town Council Members encourages each member to think about what special project they will take on. Hiday will take on roads and sidewalks. R. Stafford states he will take on Main St. Parking. STAFFORD - States that Council needs to appoint someone to serve on wastewater board. N. Sizemore volunteers to serve for APPROVE AND SIGN VOUCHERS: Vouchers were reviewed. MANSHIP made a motion to approve and sign the vouchers. HOLLAND seconded the motion. Motion carried, approved 5-0. Page 5 of 6
6 ADJOURN: HIDAY made a motion to adjourn the meeting at 9:03pm. HOLLAND seconded the motion. Motion carried, approved 5-0. Alex Intermill Date Bill Hiday Date Town Attorney Town Council President Page 6 of 6
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