The Pilot News - Council seeks picket answers

At the Oct. 28 council meeting, Yuhas said that despite claims the playground was not a park project, picket money was placed in the same fund as boat slip rentals, as her own canceled checks demonstrated. She added Jim Hill, “a very good friend of the park,” donated $350 for a bench at the playground in honor of his deceased daughter; she said the bench was never placed at the site.
Yuhas also said she contacted Leathers and Associates, the New York-based firm contracted in 2006 to design and help implement the playground. She said $18,448.50 was paid to Leathers before they were dropped from the project in favor of Nutoys, Inc., who oversaw the final playground built in October, 2008, and that Park Superintendent Kelly Young’s assertion that Leathers was dropped because of “hidden costs” was “not the case.”
Council President Sally Ricciardi said Town Attorney Jim Cleavenger has informed the council it “doesn’t actually have the authority to force the park board to do repairs or put in tickets… you need to be speaking to the park board.”
Yuhas noted three park board members are appointed by the council and said records show recent years in which only five park board meetings took place the entire year. During the same year, she said, one member attended only two of the five meetings. She said there were “many years” when no meetings took place from June to August as well as a period between September, 2008 and April, 2009.
Town Clerk Casey Howard, in response to Yuhas’ assertion that meetings are posted for the entire year and not actually held, noted all boards in Culver post schedules at the start of each year, but not all are able to reach a quorum for every meeting. She also said Indiana Code declares all boards must meet at least quarterly, but are not required to meet more often. The code, noted Yuhas, also says “any board member missing three meetings should be removed,” adding one park board member has missed three meetings twice in recent years.
Cleavenger confirmed council member Ginny Munroe’s comment that the council can only remove park board members “for cause” which were appointed by the council itself, though the council could file charges against a board member appointed by another board and leave resultant action — or lack thereof — up to the appointing board. Park board members are appointed by the public library, school board and township board, besides the council.
Debate ensued as to the council’s ultimate responsibility in the matter, with council member Lynn Overmyer suggesting the council is indeed involved due to the money spent, though Howard pointed out playground funds, not being tax dollars, are not monies the council is liable for.
“But the park board is liable,” said Munroe, “by state statute. Any committee formed to do anything in the park is solely the responsibility of the park. So even if they (the park board) say it’s not a park board project, the fact that the money was received into and out of that (park gift fund) account (indicates) it’s a park board project.”
Yuhas explained the park board told her at its last meeting it had nothing to do with the project, which instead was the work of a committee called the Friends of Vandalia Village.
Howard confirmed the park board is liable for the money, adding all town departments have similar gift funds to that used by the park for the playground.
Overmyer said she, Margaret Dehne and Connie Van Horn (the latter two of whom were also in attendance at the meeting) were told at the September park board meeting pickets would be printed up over the winter and placed at the site in spring, though the statement is nowhere in the park board minutes. Overmyer added the park board would not meet with the council as requested to discuss the matter.
Audience member Patty Stallings said the park board, though not necessarily Superintendent Young, has been unresponsive to the public. “You’re saying, ‘talk to the park board,’ but the park board is telling untruths. What do we do? Do we have to get a lawyer and go after the park board?”
She added some people attending the council meeting have shown interest in serving on the park board and “have been rejected time and again.”
Park board member Tammy Shaffer, in the audience, told the Council she’s been on the park board over the past three years and the board struggled in earlier years to get a member on the Democratic ticket (the park board is required by law to be politically balanced), adding the board went through “a growing period as people got on and off…I’d say in the past year meetings have been more consistent than in the past.”
Audience member Bobbie Ruhnow, who also serves on the township board and plan commission, commended Shaffer and her fellow park board member Leroy Bean for attending the council meeting. She said since tax payers’ dollars should not be spent to correct the picket situation, “it would appear the only solution is to put it at the taxpayers’ door and then in turn say, ‘Oh gee, we made a mistake,’ because you’re going to get socked for this. I’m sorry the park board president feels it’s not necessary to appear (at the council meeting, as requested by the council). I think it’s an error on his part and it’s discourteous he’s not here. But somewhere a solution has to be made.”
Audience member Mike Stallings said the matter is a “credibility issue with you five (on the council).
“Personally, we bought pickets for our grandchildren (and the park can) keep the $25. That’s my feeling, but it’s not everybody’s. The problem is credibility with you, the park board, and with Kelly (Young). One misstatement has been compounded by making another misstatement, and on and on. The best thing to do would be for Kelly, or (park board president) Ed Behnke, or whoever to write a letter and come clean and admit the mistake. I think a lot of people would say go with it.”
Cleavenger responded the matter is not a council issue, “regardless of what the public has said. We’ve tried our best to get them (the park board) to communicate what’s going on; we’ve offered them a forum. Ultimately, what can we do?”
A round of applause met Stallings’ response, “Replace them.”
Ruhnow noted, however, the public should also address the school, library, and township board about replacing park board members.
“It’s awful hard for somebody to bring up an item today and have it resolved tomorrow,” interjected park board member Leroy Bean, adding the board only meets once monthly. “If everybody would come to our board meetings, it can be resolved. Don’t come to this board meeting; they’ve got their own problems.”
Bean added the council appointed him and added he’s missed no meetings except once for illness. He also said facts were mixed up as to park board members who missed multiple meetings.
“Get your facts straight,” said Bean. “You’re talking about me. I’m a member of the park board and right now you’re talking about us, OK?”
Shaffer agreed with Bean that the park board only received information in September about the matter. “I’ve been enlightened by some of Teresa (Yuhas’) information. A picture’s coming together for me…I’m sure we’ll find a solution.”
Munroe noted after the park board president’s refusal to attend the council meeting, letters signed by Ricciardi were sent to the homes of each park board member. In response to audience query why Young didn’t attend the meeting, Overmyer said the cuperintendent was directed by the park board president not to come, adding Cleavenger informed her such a move on the president’s part is illegal.
Council member Ralph Winters suggested the majority of council members attend the next park board meeting, Nov. 4 at 6:30 p.m., a step which he agreed needs to be advertised to be legal.
In other discussion
•Patty Stallings, representing the Second Century Committee of Culver’s Chamber of Commerce, said Second Century’s Growth Initiative sub-committee, has been studying potential impact on the town, township, and county of a proposed Planned Unit Development on the southeast shore of Lake Maxinkuckee. In particular, she said the PUD’s relevance to local fire, EMS, police, roads, construction supervision, and environmental impact was being assessed, but that a formal impact study by a third party entity should take place. She noted normally the developer would pay for such a study and encouraged the Council and plan commission to approach the developer of the Maxinkuckee Village PUD in question about doing so. She told the Citizen the study would likely also assess impact fees charged to the developer should they be deemed necessary.
The council also held a public hearing on additional appropriations requested from the local roads and streets fund in the amount of $23,400 to pay for engineering for a pavement management system. Also requested was $10,000, an annual amount given for economic development to the Marshall County Economic Development Corporation. Kevin Berger of the MCEDC explained the group has brought new businesses into the county including industry to Argos and Plymouth, and has kept in the county a number of businesses considering relocating. He also said the group’s work to bring the Metronet to the area would most likely have an effect on local business and economy. The council approved the spending discussed.
•The council also approved, at the suggestion of Council member Winters, a donation of $5,000 in 2010 to the Culver Boys & Girls Club, which Munroe (who sits on the CBGC board and abstained from voting) said now boasts 280 members, “probably the highest percentage of attendance of any community in the state,” and hosts between 95 and 100 youngsters daily. She praised the Porter County Boys & Girls Club, which has overseen the local club and its staff training.
•The council also voted to approve a five-year contract with Accumed to handle billing for Culver’s EMS service and a bid from Bennett’s contracting in Culver to remove the former fire siren chimney above Culver’s Town Hall. Ricciardi noted the new pole has been installed for the new, central fire siren at the town hall site, but no electricity has been run to the siren. Town Manager Michael Doss said he would contract Culver Fire Chief Mike Grover about the matter.
Attorney Cleavenger also followed up on discussion from the last Council meeting concerning damage done to resident driveways on Hoosier Lane, explaining he reviewed the town’s contract with the paver and believes the time has expired to hold the company responsible for the damage. However, he said the company is used frequently by the town and may be willing to share the cost of repairs if approached.