Common Council Meeting Minutes – May 21, 2018

City Council, News

Mayor Shannon Kohl called the Martinsville Common Council to order on Monday, May 21, 2018. Councilman Ben Merida led those in attendance in the opening prayer, Mayor Kohl then led the attendees in the Pledge of Allegiance.

ATTENDANCE

THOSE MEMBERS IN ATTENDANCE

  • Shannon Kohl, Mayor
  • Terry Buster, District 1
  • Ben Merida, District 2
  • Mike Lanam, District 3
  • Chip Keller, District 4
  • Phil Deckard II, District 5
  • Eric Bowlen, Councilman-at-Large
  • Kris Fuller, Councilman-at-Large
  • Josh Messmer, City Engineer
  • Anne Cowgur, City Attorney
  • Craig DeMott, DPW
  • Terry Anderson, Fire Chief
  • Matt Long, Chief of Police
  • Rebecca Tumey, Clerk Treasurer

A quorum was declared present.

MINUTES 

A motion was made by Councilman Ben Merida to waive the reading of the minutes of May 7, ,2018 to accept the minutes as written. Councilman Mike Lanam seconded the motion. The Motion passes 7-0.

MAYORS REPORT

Mayor Kohl asked those present to keep the Brian Love family in their prayers. Brian recently lost his wife. This follows on the loss of his son last November.

ENGINEER REPORT

City Engineer Josh Messmer reported the City will apply for 2019 funding from the Community Crossing Grant. Also, the City will have a storm water repair project on Gray Street before the street is repaved. Finally, the cleaning of the aeration tanks at the WWTP is nearly completed.

COMMITTEE REPORT

Morgan County Economic Development Commission – MCEDC President Mike Dellinger reported the 2018 Contract for the MCEDC has been approved at the Board of Works meeting earlier tonight. Dellinger said he will be at the June 4, 2018 Council meeting to present annual compliance reports for SCI REMC, For Bare Feet, Form Tech, etc. 

OLD BUSINESS

Martinsville Park Master Plan/Grant PL-16-128 / Resolution 2018-515– Trena Carter of American Resource Association appeared to request the Council approve Resolution 2018-515 which would allow the approval of the CDBG Planning Grant – Five Year Master Park Plan.

A motion to adjourn the Council meeting was made by Councilman Phil Deckard II and seconded by Councilman Eric Bowlen. The Motion passes 7-0.

============================PUBLIC HEARING=========================

A motion to open the Public Meeting was made by Councilman Eric Bowlen and seconded by Councilman Phil Deckard II. The Motion passes 7-0.

Mayor Kohl called three times for Public Comment. Trena Carter reminded those present to fill out the sign-in sheet. There being no further Public Comments Councilman Eric Bowlen made the motion to close the Public Hearing. Councilman Mike Lanam seconded the motion. The Motion passes 7-0.

===========================Reconvene Council Meeting======================

A motion to reconvene the Council meeting was made by Councilman Phil Deckard II. Councilman Eric Bowlen seconded the motion. The Motion passes 7-0.

Resolution 2018-515/5 Year Park Master Plan – Councilman Ben Merida made the motion to allow the resolution. Councilman Mike Lanam seconded the motion. The Motion passes 7-0.

Ordinance 2018-1774/Additional Appropriation– Clerk –Treasurer Becky Tumey requested $12,000.00 for a Clerk Attorney. After a tense discussion, it was agreed this will be the first reading of the ordinance. Action will take place on June 4, 2018.

Discussion of Clerk and Council Requests for Attorneys – Councilman Eric Bowlen opened the discussion of the Clerk and Council needing their own attorneys. The Council is of the opinion, there are conflicts arising with the City Attorney Anne Cowgur and the Council. Councilman Terry Buster does not agree this is the case. Councilman Kris Fuller says it urgent they get funds this year. An Additional Appropriation with advertising will be prepared by Anne Cowgur.

NEW BUSINESS

Amendment to Code of Ordinances, Chapter 66 (Solid Waste), Article II (Collection and Disposal), Division 1. Generally, Section 66-31 (Definitions)/ Ordinance 2018-1775 – City Attorney Anne Cowgur lead the discussion regarding the definitions of “multiple-family unit.” A discussion lead to a motion from Council Ben Merida to vote to suspend the rules, to discuss and consider this ordinance on the first reading. A roll call vote is as follows: Terry Buster, yes; Mike Lanam, yes; Phil Deckard II, yes; Eric Bowlen, yes; Chip Keller, yes; Ben Merida, yes; and Kris Fuller, yes. The

Motion passes 7-0. City Attorney Anne Cowgur called for questions, there being none a motion was made to allow and accept the ordinance on the first and final reading by Councilman Chip Keller. A roll call vote resulted in the following: Terry Buster, yes; Mike Lanam, yes; Phil Deckard II, yes; Eric Bowlen, yes; Chip Keller, yes; Ben Merida, yes; and Kris Fuller, yes. The Motion passes 7-0.

Teamster 135 Contract – City Attorney Anne Cowgur presented to the Council the newly-ratified Teamster Contract for discussion. DPW Craig DeMott said the one change is the issue of banked sick days. It has been defined who, when and how much can be accrued. When asked if there were any other changes, he said not really. Clerk-Treasurer Becky Tumey reported in her study of the contract there is a substantial change in paid sick days. The Contract changes the tier rate that have been approved by the Council has been changed to the employee’s hourly rate times eight hours. Each full-time employee receives nine (9) paid sick days per year. Current 2018 approval is near $77,000.00. DeMott added he had talked with Tumey regarding this and had been told it would be an issue until next year. Tumey confirmed she did tell DeMott this, but she had no idea this radical of a change was in the works. Nor did DeMott tell her. Councilman Phil Deckard II asked for an executive session to discuss this issue. Mayor Kohl said it does not qualify for an executive session. Further edgy discussion resulted in the request by Councilman Chip Keller to get a “red-line” version of the changes. City Attorney Anne Cowgur agreed to provide a red-line copy to all. A motion to table this item was made by Councilman Kris Fuller and seconded by Councilman Phil Deckard II. The Motion passes 7-0.

CLAIMS

Councilman Phil Deckard II voiced his concerns over a claim for Roberts Construction that appeared on tonight’s docket. He asked if the Transfer Station project was finished as he had heard there are issues with leaking, no shower, and no fire wall. DPW Craig DeMott said flashing will be installed that will take care of the leaking and a wall will be added. Eric Pipes of Roberts Construction was present, but declined to answer questions. A motion to accept the claims as reported was made by Councilman Eric Bowlen and seconded by Councilman Ben Merida. The Motion passes 7-0.

Miscellaneous

Citizen Donna Burkhart, 90 Edgewood Street, requested more Police checks in the evening at Doris Daily Park. She along with her neighbors reports unsavory activities going on the Park and asked that a sign also be installed. She said she had tried calling 911 Dispatch and found the dispatcher’s remarks disconcerting. Councilman Kris Fuller asked City Attorney Anne Cowgur to check on this, to which she agreed.

Park Employee Jeremiah Ferran asked the Council to consider the Teamster Contract. He said the employees had negotiated in good faith, and have already passed and ratified the Contract. If the Council fails to recognize the contract they will all have “egg on their face.” He further asked which contract they are operation under. Clerk-Treasure Becky Tumey told him “the old contract.”

ADJOURN

There being no further business, Councilman Phil Deckard II made a motion to adjourn. This was seconded by Councilman Terry Buster. The Motion passes 7-0.