Common Council Meeting Minutes – March 4, 2019

City Council, News

Mayor Shannon Kohl called the Martinsville Common Council to order on Monday, March 4, 2019.  Councilman Ben Merida led the Prayer to those in attendance. Mayor Kohl then led the attendees in the Pledge of Allegiance.



  • 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
  • Rodger Wiltermood, Interim Chief of Police
  • Rebecca Tumey, Clerk Treasurer
  • Stacey Williams, Deputy Clerk

A quorum was declared present.


A motion was made by Councilman Ben Merida to waive the reading of the minutes of February 19, 2019 and to accept the minutes as written.  Councilman Mike Lanam seconded the motion.  The Motion passes 5-0 -1.  Councilman Chip Keller abstained.


Mayor Kohl reported she intends to complete the last year of her term. 


City Engineer Josh Messmer announced officials from the EPA (Environmental Protection Agency) were in attendance at tonight’s Council meeting.  There will be a presentation at the end of tonight’s meeting.






Teamster 135 – As there was no one present for this item, a motion to table was made by Councilman Eric Bowlen.  Councilman Mike Lanam seconded the motion.  The Motion passes 6-0.


Legal Representation / Police Department – Interim Police Chief Rodger Wiltermood appeared to ask the Council to allow his department funding for an attorney.  Wiltermood explained that due to recent happenings in the Police Department he felt an independent attorney would be beneficial to assist with writing of SOPs and guidance.  He requesting funding in the amount of $15,000.00 and permission to enter into an engagement letter.  The name of the firm is Frost, Brown and Todd.  Clerk-Treasurer Becky Tumey suggested funding come from the Public Safety fund.  A motion to accept, allow and proceed with an additional appropriation was made by Councilman Eric Bowlen.  Councilman Chip Keller seconded the motion.  The Motion passes 6-0.

Discussion to Amend the 2019 Salary Ordinance – Clerk Treasurer Becky Tumey began the discussion by explaining proposed changes were hi-lighted in yellow.  Changes include: defining Exempt and Non-Exempt Employees; adding the Fire and Police Pension Secretary Pay (per the IRS); and funding a new full-time person for the Clerk’s office.  Manny Herceg, sitting in for City Attorney Anne Cowgur, requested time to study the changes.

Discussion to Add One Full-Time Person to Clerk’s Office – City Clerk-Treasurer Becky Tumey requested the Council allow the hiring and funding for a new full-time person in the Clerk’s office.  Tumey explained there is an employee in her office that is set to retire in early 2020.  She asked for a new person to be able to start in April, as there are a couple of large projects that need done now that she does not have the staff to cover.  She explained the last time a City-wide inventory was done, is when she did it 10 or 12 years ago.  Also, in preparation of K-Time, Tumey would like for the Council to appoint her office as the City repository for all time keeping.  Further, the new person would assist with verifying and certifying employees’ time as it is loaded into the new software.  And finally, in late 2019, the person would be moved to process the City’s claims.  Training takes 3 to 4 months.  When the employee that is retiring retires, she will not be replaced and staffing would return to 3 full-time people.  A motion to accept, allow and move forward with an additional appropriation was made by Councilman Chip Keller.

Councilman Phil Deckard II seconded the motion.  The Motion passes 5-0-1.  Councilman Ben Merida abstained.

Resolution 2019-553 / Destruction of Outstanding Checks – Clerk-Treasurer Becky Tumey asked the Council to allow the voiding of certain checks that remained uncashed after two years.  The physical checks would be retained pending Audit and retention schedules.  A motion to allow the voiding was made by Councilman Mike Lanam.  Councilman Phil Deckard II seconded the motion.  The Motion passes 6-0.

Stability First Car and Motorcycle Show, 5k Run June 2019 – Bryan Jackson of the Class of 1974 has contacted the City requesting use of City streets in June for the event.  Streets include Washington, Home and Main.  A motion to allow the event was made by Councilman Ben Merida and seconded by Councilman Kris Fuller.  The Motion passes 6-0.


A motion to accept the claims as reported was made by Councilman Ben Merida and seconded by Councilman Eric Bowlen.   The Motion passes 6-0.


Councilman Phil Deckard II explained that a former City employee with 20 years of service, was forced into a medical retirement at age 47.  As the person is now approaching 50 years old, he is requesting to be allowed back on the City’s health insurance.  Mayor Kohl and Manny Herceg requested a private conversation with Deckard before taking action.

City Engineer Josh Messmer introduced officials from the EPA.  The group had a presentation of about the Pike and Mulberry Street PCE Plume Site.  After the presentation, the officials talked with several interested attendees.  Mayor Kohl suggested the Council adjourn so that additional questions and concerns could be discussed.


There being no further business, Councilman Phil Deckard II made a motion to adjourn.  This was seconded by Councilman Mike Lanam.  The Motion passes 6-0.