The Independent-News, Volume 111, Number 27, Walkerton, St. Joseph County, 5 December 1985 — Page 8

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THE INDEPENDENT-NEWS - DECEMBER 5, 1985

WALKERTON TOWN BOARD MINUTES (continued from page 1) of other places and indication from all those people was that Quality CATV Inc. had done all that they said they were going to do. They thought the service was a little high but that the comparison was to the Indianapolis area where there are larger cable operators. Williams: What procedure would we take now? Clevenger: The ordinance calls for a resolution to approve the transfer which I did not prepare for this evening but a motion to have the resolution would be sufficient. Martin: We need a resolution for the transfer of the head-in also. Clevenger: The resolution would take care of both. Williams: Do I have a motion? Ward: I make the motion to prepare the resolution for the transfer of the franchise ordinance and head-in. Heemer: I'm sorry I can't second the motion. Williams: I’ll second the motion. Is there a discussion? Heemer: I just feel like we don't know the whole story here and you would think that a person wanting to acquire something like this would be a little more willing to provide us with information then willingness has been shown. I have had vibes about this, which doesn't happen often but I’ve learned to trust my vibes. Williams: With no other discussion we will take the vote: Ward, yea; Williams, yea; Heemer, nay. Dr. Bottorff, property owner next to the Wastewater Treatment Plant, was present to discuss his problem of an easement to his property that was promised to him by the Walkerton Town Board. Sometime back Jeff Zehner presented a plan that was apparently unacceptable to Dr. Bottorff. After a study of the maps that Dr. Bottorff brought in it was decided that Giff Ward would be selected to research the varied possibilities of access to Dr. BottorfTs land. Some areas that were mentioned were Tyler Road, Willow Road and Smith Trail. Mr. Heemer made a motion to table the problem and to have the problem addressed at the next board meeting after Mr. Ward's research. Giff Ward seconded the motion and all agreed. Under new business Mr. Heemer quoted the public record of the last meeting. After reading the section of the minutes that pertained to the executive session and the alleged prostitution he added: “The point I'd like to make this evening is to the press. As the public record reads, these are sequential bits of line item business. these are not necessarily interrelated bits of line item business. Thr question that Mr. Bracich asks, for the executive session, were done so that some questions could be asked during that executive session. In fact one of the members of the press was here on November 18. 1985 and asked if the police department representatives that were here would be asked any questions concerning issues I had raised and were assured that that was not going to happen and in fact that did not happen. 1 was asking theoretical questions. It seems to be my lot on this Town Board that I worry most about our liability, about what we do or don't do, getting us in trouble either in the short haul or in the long haul. I was asking two theoretical questions: 1. Do we increase our liability as a Town Board, as a Town or as a town board members if we do not a ßß rcs * ve ly ar’ upon inappropriate behavior on the part of any town employee, no department specified then, no department specified now.

2. In reference to a rumor. 1 asked a question about an unchecked instance of let's say for example, prostitution. It was a hypothetical question with some intent because I can envision a scenerio where if someone contracted something based upon some activity, that somebody is just stressed enough to say — you are responsible because you did not aggressively handle the situation that perhaps you did or did not know about. That's all prefaced, now. I'm also the only town board member on this current Town Board that has a journalism degree and the thing they taught us in basic journalism class was that you research and you research and double check the facts and that didn't happen. It did not happen. We had a story come out in newspapers, we had a story aired on the electronic media that said that the chief of police, the captain were being called in here to ask questions concerning prostitutioin. Now as 1 read this public record (indicating the minutes of November 18, 1985 J as I realize that these are sequential events and not inter-related events 1 don't get that. But one of the basic tenants of advertising is that sex sells and we have this fiasco happen. “I'm quite angry. I had a member of the press claim that I did not treat this particular member of the press with sufficient respect and yet if this were an isolated event that would be one thing, but this is a continuing trail of events where people get misquoted, wrong implications are made and nobody has the deciency to call and check up on a statement like that. Now, you can say, well we tried to call you Mr. Heemer but you weren’t home. However I’ve let it be known time and again that I have a phone machine, an answering machine that’s on 24 hours a day. It either kicks in on the first ring or the seventh ring depending on how I set the button, and it's always on. What we have here are two legitimately, very angry police people. There name has been besmirched. Our chief s name has been linked with others who have been convicted for instances of looking the other way. Our chief is not doing that. And our assistant chief has been the butt of some jokes and pressure all because the basic tenants of journalistic responsibility weren't followed. I don’t know what the rest of this Board is going to do but I know what I’m going to do. I’m going to be filing letters with the editors of the newspapers that are represented by the press here tonight. I’m going to request that those letters be placed on file for two years describing this instance and I hope that we can research the facts a little better in the future. I'm also going to be writing a letter to the editor of this local paper explaining again that I was asking theoretical questions. There was never intent to besmirch anyone’s name, in the first question I was keying on any and ail town employees, from an elected official right down to a meter maid, if we have one. And in the second question, the theoretical or hypothetical question was based on a real rumor but at no time was a name memtioned. Is that not true? A bane was never mentioned. A department was never mentioned and I'm angry that this happened. Those are the things I'm going to do. Now if the press feels they've been unduly chastised, so be it. If they feel I have acted in a rash and irresponsible manner with these statements. so be it. Take your best shot. I'm going to follow through with that that 1 have promised to do. I promised the chief of police, I’ve promised the assistant chief that I will write this letter to the editor because I’m angry that they were dragged into this. I'm going to write a letter to these editors of these newspapers that are represented by the press members that

attend these meetings and I’m going to request that the very least editors sit down with their reporters and discuss the basic tenants of researching a story. Thank you." James Clevenger, town attorney, informed the Board that the Public Service Commission vacated the pre-hearing for the rate decrease but that they requested eight weeks to study the data. Williams: Would any pressure help in speeding up this rate decrease? Gevenger: Absolutely. I think a letter from this Board indicating that across the board decrease is involved, that the citizens of Walkerton are deserving of better service in expediting their decision. I think that would be most appropriate. Williams: What about letters from outside sources such as representatives or senators? Gevenger: Anybody’s help would help. Mr. Gevenger informed Mrs. Margaret Tracy that what he was able to find out was that nothing could be done concerning her complaint of poor workmanship on her home. The one year warranty was over and at the time the work was completed Mrs. Tracy signed a statement saying the work was okay. Mrs. Tracy stated she would drop the matter and that she would handle her problem through some other means. Federal Revenue Sharing second hearing was held for additional appropriations. The president read aloud each item that had been presented for Federal Revenue Sharing monies. QUESTIONS. Heemer: I would like to see the stun gun policy. Gassensmith: This policy I’m presenting tonight was taken from the Elkhart Police Department. I feel that it would apply to our department. I would like the Board to know that I have asked the town attorney for advice on using stun guns and I will accept the board’s decision either way. Gevenger: The chief asked, me to research this stun gun policy and use of stun guns. I have brochures and have heard pros and cons about the use of this gun. Heemer: How many times in the last year would we have had an occasion to use a stun gun? Sobieralski: Approximately three times. Heemer: As an ex-policeman, Mr. Ward, what is your opinion? Ward: When you have good policemen they should have the best equipment to do their job properly so I think they are a good asset. Gassensmith: In answer to a question at the last meeting, the shotgun that we own at the present time will be sold. The radios that we have at the present time, six to be exact, we will keep except for the one that is a 2*/j watt and that one will be traded in leaving us with seven radios and two spares. Heemer: The overhauling of a police unit priced at $1,000.00, would you elaborate on this? Gassensmith: That is a high estimate in case the worst is found with that unit. Mr. Ward made a motion to pass the additional appropriation as advertised. Mr. Heemer seconded the motion and all agreed. Mr. Gassensmith asked to be heard and his request was granted: “I, like Mr. Heemer, was very upset and I would like to take this opportunity to say thank you for straightening things out. The instance was a rumor, it was alleged, no one even knows for certain if it ever even happened. There is no prostution in Walkerton. I’m not naive. I'm not going to say that never in the world has there even been a solicitaiton in Walkerton since its existence. I know better than that. But there is no organized prostitution in Walkerton. There was an unfortunate situation. We don't even know for certain that it happened and the

person who allegedly did this was talked to by a police officer who had heard it and passed it on the Captain Sobieralski and myself and that ended it right there. Like I say we don't even know if this person did it but there just isn't any organized prostitution at all. Its not here and if it is 1 promise you I'll resign. I know it's not here. Heemer: Just clear up the air more, you do understand that 1 was asking a theoretical question or hypothetical question, if this happened. Gassensmith: 1 appreciate it however I think it was in poor taste. Perhaps you weren’t thinking. Hypothetical is just a word and it came at a very unappropriate time. Heemer: Maybe it should have been worded differently. Gassensmith: Yes. However, 1 do appreciate what you did here tonight. A report was given on the 1986 Budget hearing held November 19th. The assessed valuation for Walkerton is $7,865,000. The General Fund took a cut of $13,026.00. The Local Road and Street was cut by $5,313.00. The Motor Vehicle Highway Fund was lifted out of the tax levy because the new gasoline tax will bring the fund more money than what was predicted. The Park and Recreation Fund was cut by $9,470.00, however, $4,220.00 of that was an appropriation for the 4th of July celebration, which was cut out completely. Mr. Heemer presented a petition that was given to him by his constituents. The petition was put into the hands of the town attorney. Mr. Heemer first read the petition heading which was: “Petition For Recovering Os Overcharges Made By The Town Os Walkerton Utility Department”. We the people residing in the Town of Walkerton Utility billing area demand answers to the following: 1. Why have we been overcharged 11.33% on our electric utility as printed in the Indepen-dent-News, page 4, column 1, October 31, 1985? 2. Where did this money go from these overcharges? 3. What parties were responsible for this overcharge? 4. We want these parties prosecuted to the fullest extent of the law! 5. We the people demand full reimbursement of money owed us. I do reside in the Town of Walkerton Utility billing area and do agree with this petition, therefore, I affix my name hereon. After reading the petition Mr. Heemer ask the presiding officer to

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open up audience discussion. Mr. Heemer then started the discussion with his own comments, some of which were: He disagreed with the fact that the Board does not have the power to lower billing. That the excessive money will not get spent wisely. He and citizens are very concerned about a different rate. He wanted someone to be responsible for such an increase in the first place. He also didn't feel the Board needed that kind of pad. He also questioned the credibility of the Umbaugh report. Some citizen responses: Mrs. R. Mattocks: Utilities are not supposed to make a profit. Oiir high rates are hurting the older people of our community. Mrs. June Baker: Why can’t we get the utilities on a budget? Everybody in Town would like to see the utility on a budget. If they had a budget then they couldn’t blow it. Gifford Ward: I would be in favor of a budget if it would work but I have some doubts about it working, if we had a major storm and didn’t have the money budgeted for that I'm afraid of what would happen. Several people: We have emergencies at home and we have to be ready to take care ot it. Gregory Williams: There are good guide lines for a budget in the cost of service study. More discussion was held on Dr. BottorfTs easement and the changing of the lagoons. The town attorney suggested that they investigate the situation to try and locate whose responsibility it was for acquiring an easement and the new location of the lagoon. Jeff Zehner reported on his researching the sewer problem on Harrison Street. If the line was run in the alley the approximate distance is 170 feet, cost of materials $700.00. The homeowner would have to run a new line of 155 feet. If the line were run in the street the distance would be 60 feet west and 30 feet north. Although Mr. Zehner did not like the idea of ripping up a new street, he did tee! that going down Harrison was his recommendation. Mr. Heemer made a motion that 903 Harrison Street will have their sewer main line and lateral run across to their property line approximately 90 feet in the spring of 1986 by the Town of Walkerton. C. Ward seconded the motion and all agreed. Mr. Gevenger reported that the repair of the Tyler Street curbing would not be done until the spring of 1986. Gaims that would be paid to HRPon the Sewer Project, Division (continued on Page 9)