Common Council Meeting Minutes – September 14, 2020

City Council, News

Mayor Costin called the meeting Martinsville Common Council to order on Monday, September 14, 2020.  Pastor Jeff Floyd, of the First Church of the Nazarene led the prayer, followed by Mayor Costin leading the Pledge of Allegiance.

ATTENDANCE

THOSE MEMBERS IN ATTENDANCE

  • Kenny Costin, Mayor
  • Phil Deckard, District 1
  • Ben Mahan, District 2
  • Josh Ferran, District 3
  • Chip Keller, District 4
  • Phil Deckard II, District 5
  • Ann Miller, Councilwoman-at-Large
  • Kris Fuller, Councilman-at-Large
  • Dale Coffey, City Attorney
  • Rebecca Tumey, Clerk – Treasurer

A quorum was declared present.

MINUTES

Mayor Costin presented the Minutes of August 24, 2020 to the Council.  There being no objections, the Minutes were approved by unanimous consent.

MAYOR’S REPORT

None

STAFF REPORTS

OSHA Inspection / Deputy Clerk Ben Merida – Merida reported that when the initial OSHA inspection occurred a few months ago, their report was around 1,000 pages – he said that s=is now down to 30.  Merida thanked the City leaders for their help in becoming compliant.

City Overlay Update / Interim Engineer Gary Oakes – Oakes distributed a draft of proposed changes for the City’s I-69 Corridor Overlay District.  The draft has been given to the Plan Commission for action.

City Response to EPA / Dr. Tim Adams – Dr. Adams presented to the Common Council a Final Feasibility Study Summary and Interpretation for the Pike Street and Mulberry Street PCE Plume Site. There will no cost to the City for the clean-up.  Costs will be picked up by the EPA and IDEM.

Brownfield Grant / Administrative Assistant Mack Porter – Porter circulated information regarding Brownfields.  It was explained the EPA defines a brownfield as “real property, the expansion, redevelopment, or reuse of which may be complicated by the presence of hazardous substance, pollutant or contaminant.” Mr. Porter reported the City will apply for this type of grant, which could be as much $300,000.00.  The first step in the process is to announce the intent, and that was done tonight.

Police Chief Kurt Spivey / Recognitions – Chief Spivey recognized Police Pastor Russ Cochrum with the Citizen’s Merit Medal and Officers Pond, Lee and Belcher with a Life Saving Medal.

OLD BUSINESS

Lowder Farms / Superintendent Mac Dunn – The City retained Steve Harris, a retired Judge to review this issue.  Harris was able to locate paperwork that had been filed with the County Recorder that contained the information that a lease agreement between the Lowder family and the Rogers Block owners, would automatically renew every five years and was to remain in full until acted upon.  A motion to accept and allow the claim of $12, 000.00 be paid to the Lowder Family was made by Councilman Phil Deckard II.  Councilman Chip Keller seconded the motion.  A roll-call vote was taken after the first vote resulted in a tie of 3-3-1.  Clerk-Treasurer Becky Tumey was instructed by Mayor Costin to do a roll call vote.  Those voting aye: Deckard II; Deckard Sr., and Keller.  Those voting nay: Miller, Mahan and Ferran. Councilman Fuller abstained on all voting.  A third vote was taken with the same results.  Mayor Costin broke the tie by voting aye.  The Motion passes 3-3-1-1.

NEW BUSINESS

Vacate Alley / Richard Bray – Ordinance 2020 – 0007 – Mr. Bray, representing his client Chad Rhorer, requested the Council consider the request to vacate an alley.  A motion to recess the Council meeting was made by Councilman Phil Deckard II.  Councilwoman Ann Miller seconded the motion.  The Motion passes 7-0.

A motion to convene the Public Hearing was made by Councilman Phil Sr., with Councilman Kris Fuller making the second.  The Motion passes 7-0.

PUBLIC HEARING

Mayor Costin called three times for Public comment.  There being none, a motion to close the Public Hearing was made by Councilman Phil Deckard Sr.  Making the second was Councilman Kris Fuller.  The motion passes 7-0.

A motion to reconvene the Council meeting was made by Councilman Phil Deckard II.  Councilman Kris Fuller seconded the motion.  The Motion passes 7-0.  A motion to accept and allow Ordinance 2020-0007 was made by Councilman Kris Fuller.  Fuller also added, as long as there are no City utilities in the alley.  Making the second was Councilman Chip Keller.

Ordinance 2020-008 / Environmental Restrictive Ordinance – City Attorney Dale Coffey introduced this ordinance that relates back to the reports of Dr. Adams and Gary Oakes.  It basically says “no new private wells.”

Morgan County Economic Development Corporation / Mike Dellinger – MCEDC Director Mike Dellinger gave a County-wide update.

Revisions to City Overlay I-69 – Interim Engineer Gary Oakes reported the revised overlay is ready to be sent back to the Plan Commission for action.  A motion to accept and allow was made by Councilman Chip Keller.  Councilman Kris Fuller made the second.  The Motion passes 7-0.

CLAIMS

Mayor Costin presented the Claims.  There being no objections, the Claims were approved by unanimous consent.

Miscellaneous

Brief discussions from the Council included the 2021 Budget, use of cash reserves, health insurance and shortages at the Transfer Station.  Also, the Council questioned Police Chief Kurt Spivey regarding the purchase of a Spyder motorcycle.  Further, there will be a public budget work shop on Tuesday beginning at 4:00 p.m.  Citizen Terry Collier of 947 Plaza Drive appeared to ask when the road connecting Plaza Drive and Old State 37 South will be closed.  A review of Minutes from last year will be located and reviewed before an answer is given.  Other comments came from Brad Wilson and Attorney McEnerny for Twigg Corporation.

ADJOURN

Making the motion to adjourn was Councilman Phil Deckard II.  Councilman Kris Fuller seconded the motion.  The Motion passes 7-0.