Police presence still dominates Manchester Council meeting

By Sherry Larson

People’s Defender

“Okay, I want to ask everybody before we start – to get along – no disruptions when someone else is talking, or I’ll gavel down. If you do it again, I will ask you to leave the meeting,” said Mayor B.J. Goodwin after calling the Manchester Council meeting to order on July 19. All council members were present, and community members filled the room. It was clear that this meeting was going to be a long one. There were 67 pages of transcript – here are the highlights.

Even the disposition of the minutes took longer than usual as council members read, shuffled, and waited on missing pages. All minutes were eventually approved.

Mayor Goodwin shared her report noting there was a woman concerned with whose responsibility it is to clear a fallen tree on the corner of 4th and Washington Street. A gentleman stopped to inquire about tire shavings in the village garden and wanted them cleaned and thrown away. Someone was interested in buying Manchester’s police cruisers, should they become available.

Solicitor Tony Baker reported Councilwoman Regina Adams had forwarded the information to him about the Highfield family wanting to donate a portion of their property to the village. The property is on lower Easy Street. Baker requested that the Council give him the authority to commission a survey. Discussion lingered for several minutes, including many questions. Baker clarified, “Everything is on the up and up, and if they want to donate, they are perfectly able.” Baker also communicated that administrative work to accept the property would cost the village anywhere from $500 to $ 1,000. Adams motioned, and Christina Henderson seconded to grant Baker the authority to conduct a title search of the property and bring the issue back to the Council. All were in favor, and the motion carried.

The next item on Baker’s list was Founder’s Cemetery and the non-response from the owners, the Fraternal Order of Oddfellows. Baker recommended an assessment to determine the costs of transferring the Cemetery to the village and the cost of maintaining it. There is a process the Council needs to go through, possibly working with the Historical Society of Manchester, to determine the costs of undertaking the Cemetery. Mr. Price, a Manchester resident, has made a comprehensive proposal to erect a statue there. He has documented veterans of the French and Indian War, the Revolutionary War, and the Civil War. Baker noted multiple complaints about the status of the Cemetery, which has been a subject for many a council meeting. A conversation ended with a talk regarding a tree that needed removing. Mike Rigdon is waiting on Council approval so he can remove it. Baker reminded Council that it isn’t their authority to give, saying, “I don’t feel comfortable telling him to do something under our authority.” Councilman Troy Jolly motioned to assume responsibility for the Cemetery, saying, “If Mike Rigdon wants to go in and volunteer his services to cut down the tree – I think it’s a great idea.” Dennis Barnd responded, “Let’s clarify the motion. The motion is that the Council is interested in taking over the Cemetery, but we are not going to tell Mike Rigdon to go cut the tree down.” Jolly said, “I’m putting the motion on the table that if Mike Rigdon wants to go cut it down…” and Adams interjected, “Let’s just let him.” Gidget Applegate seconded the motion. All were in favor, and the motion passed.

Baker mentioned implementing or reappointing a floodplain administrator for the village. Barnd has inquired, and Baker will research to determine if there is a conflict of interest with Barnd’s position on the Council. According to the code, they must do an analysis. Barnd said, “Currently, the Mayor is by default the floodplain administrator, so that’s one strike against a conflict of interest. I would be glad to do it. I’ve made the initial contacts, and I’ve read the FEMA stuff that many of the citizens of Manchester are concerned about.” Jolly spoke up and reported that Adams County has a floodplain administrator, Adam Carroll. He stated, “I don’t think Manchester wants to assume that responsibility.” Barnd replied, “Manchester has its own FEMA management program, and it’s supposed to be administered by a Manchester member.” Jolly disagreed, “Not when the county assumes the responsibility.” Baker clarified that in the past, Manchester contracted with the County Administrator.

Baker has reviewed the 2010 floodplain regulations. Baker encouraged members to look at the guidelines. If the village wants to undertake the floodplain administration, it must ensure its regulations are still compliant with FEMA.

Baker also reported on a building in the village that is falling apart. The landbank has funds to tear it down. There is a gap in the title, but there are ways to re-establish it.

Rick Bowman reported 126 runs for EMS and 39 for fires last month.

The first order of unfinished business dealt with reestablishing a police department. Jolly didn’t hesitate to remind the Council that “this” was passed back in October and asked, “Mayor have you come up with an appointment?” Goodwin responded, “I’ve talked to a couple, but then I’m getting a lot of feedback that we shouldn’t do it because we can’t afford it.”

Jolly continued with a lengthy explanation, citing funding line items as to how and why a police department should be possible for the village. Baker expounded that it might be necessary to establish a new fund and transfer funds into it. He stated, “I assume you will be establishing a Mayor’s Court too, and I resign.” Jolly clarified, “Because of your professional conflict.” Baker answered, “Yes, so I’m putting the Council on notice the minute the Mayor’s Court gets established. I must go – our firm must go.” Jolly started a conversation as to whether Baker could serve as a magistrate. Baker did not think he could do this but would need to follow up on the matter.

Jolly powered on determining if the Mayor would make an appointment for the police department. He cited the Ohio code, section 737, reading,” ‘Each village shall have a marshal designated chief police appointed by the mayor with the advice and consent of the legislative authority of the village.’ So basically, it’s her appointment. So, Mayor, who’s your appointment?”

Barnd said, “What does it cost to run a police department in today’s dollars? I’ve asked about a budget, and the only answer I get is, ‘well, we’ve got money in the bank.’ What’s our budget?” He noted various line items in a budget, including the number of police officers, pay rate, insurance, training, body cams, administration, etc. He stated, “We need to put numbers beside these things so that we know what it costs to operate a police department.” Jolly said, “You’re right on that I jumped ahead. Of course, it depends on her (Goodwin’s) appointment as to how the salary and wages will go.”

Jolly announced that he knew of a person who would come back and serve as chief for $500 a month. Goodwin verified that offer came with qualifications. Jolly continued with his reasoning for naming an appointment. Goodwin reminded him that it would be necessary to hire additional staff. Jolly persisted.

Barnd agreed partially with Jolly saying, “There is no doubt that Manchester needs law enforcement, and I’m fully in support of that. I don’t want to kick it off and then be unable to support it down the road.” Barnd spoke with Canal Winchester, who went through the Ohio Association of Chiefs of Police and conducted a feasibility study. The study determined it was not reasonable and cost practical for them to have their department, so they contracted with their Sheriff’s Department. Jolly said, “That’s fine, but our county sheriff will not enforce a town ordinance.” Barnd suggested that it would be in the contract, but Jolly argued that it could not legally be done. He said, “I’ve had this conversation with the Judge, and I’ve had this conversation with the Sheriff.”

Jolly told Barnd, “Remind yourself you’re in Adams County, and the law is different.” Barnd answered, “We are still in the state of Ohio.” Jolly replied, “You are – it ain’t happening in Adams County.” Baker inquired as to which Judge Jolly was speaking of. Jolly answered Roy Gabbert, and Baker said he could bring him in to discuss. Jolly said, “And the Sheriff – the Sheriff is not going to do this.” Jolly clarified, “He’s not going to go to somebody’s yard and tell them to mow it.” Baker replied, “That’s a zoning officer’s job.” Undeterred, Jolly stayed his course, saying, “We have a police department that could hit the ground running – I believe.” But Baker wanted clarification, “Are you going to put people in jail for not mowing their lawn? That’s a zoning requirement, not for the police.”

Jolly continued to defend his position pressing Goodwin, “Who is your appointment, Mayor? Let’s get the appointment.” Barnd spoke up and said, “Don’t force her to make an appointment. You can’t force her. Ask questions but don’t force her.” Goodwin calmly read the offer she received from the potential police chief Jolly had mentioned. The proposal read, “$500 a month on a part-time administrative basis.” They would also pay for code enforcement, part-time patrolmen, a part-time clerk of court, and a magistrate. Jolly communicated that he wanted a legitimate code enforcer in place.

Henderson shared another list of variables to consider when hiring a police force. This list included but was not limited to public retirement, insurance, uniforms, office supplies, and dues. Jolly maintained his debate regarding the limited police presence in Manchester. Barnd reasoned, “We are trying to put some real numbers beside this, and I don’t think you’re going to get a chief or deputy for $15 an hour.” Jolly countered, “There’s one on the table for $500 a month.” Barnd clarified, “He’s not going to be doing the law enforcement,” and Adams added, “He’s just going to be an administrator.”

Jolly gave a speech about folks on the Council campaigning on the promise of police protection. He stated, “And we haven’t provided. We’ve got a chief willing to come in and get up and running.” He communicated that it would take at least six weeks to start officially. He said, “We need somebody to police the streets.” Adams replied, “Troy, I don’t think anybody disagrees with all this.” She shared that she had not promised a police department because she had concerns with the budget. She does not want the village to start a police department and close it down again. In the past, the police department closed due to financial issues. Jolly addressed the Mayor, “Are you comfortable with making an appointment per the Ohio Revised Code so we can put it to a vote and people can see who is for and against it?” Barnd answered that there was more to be discussed.

Barnd relayed that they ultimately agreed that “something” must be done in Manchester. The Ohio Association of Chiefs of Police can provide a consultation to evaluate and advise on what can be accomplished. The initial consultation would cost $500.00. Jolly questioned, “After that, what would it cost? That’s just to get them down here.” Barnd answered that the initial consultation would be to determine a quote and recommendation with the goal of retention in a department.

Jolly then discussed the village of Russellville and wondered how they could retain a police department. A police officer from Russellville in attendance explained their financials based on a 3-man part-time force at $13 an hour. Their budget is $118,000, and their levy is $24,000. The remaining $94,000 of the budget is paid by citations through Mayor’s Court. He said, “We’re able to afford ourselves through work, through sweat, slowing down traffic, and through working crimes. You’ll not get that from an administrative chief for 20 hours weekly.” He continued, “There’s a lot of problems in Manchester that you’re not going to see from an administrative perspective. You’re only going to see that from a tactical operator perspective.”

Jolly again spoke to Mayor Goodwin, “We voted to put this in place in October. Where do you want to go?” Barnd assured Goodwin that she did not have to decide. Goodwin stated, “I want it, but I want to make sure we can do it.” Jolly persisted with his argument. Barnd was clear that Goodwin was in the process of gathering information and conducting interviews, and Henderson reminded Jolly the Council majority must confirm the appointment once made.

Brown asked how much Manchester spent to run the former police department. The most recent number, according to Henderson, was $145,750. Jolly believed $40,000 was included in the budget for a new cruiser. That line item was not located.

Jolly was emphatic, “I need a police department. My business – this town needs a Police Department!” Barnd was composed, “There is no doubt about that, Troy, but the Mayor is not ready to make an appointment. You’re trying to pressure her to hire someone. Jolly stated, “I’ve asked her, and she comes to this meeting and tells me that she had an appointment in place.” Barnd told Jolly, “Stop! It’s her decision and she is not ready. Drop it.” Jolly went on, “She advised me that she had an appointment. I’ve done my piece, and I’m done.” Goodwin clarified, “I told you that I had a proposal.”

Chatter progressed amongst Council and attendees. Finally, Barnd communicated that there appeared to be sufficient starting funds, but the issue was sustainability. Jolly interjected, to which Barnd responded, “I was in mid-sentence, so don’t interrupt me again. The Mayor is not ready to make an appointment yet, so drop it.” Goodwin announced that the subject would be tabled until they determined the feasibility of a police department.

The next item under unfinished business was to reevaluate the Finance Committee so that all council members are involved. Henderson explained the process of the Finance Committee and budget approval. She stated, “Michelle has a budget for 2023 that needs to be turned into the auditor. Dennis, Diane, and I are on the finance committee – we sit down with Michelle (the village clerk) and go through the budget for 2023. We have three readings to make changes.”

Henderson communicated that she was uncomfortable with her and Michelle alone making financial decisions for the village. The financials need to be presented to the entire Council. Jolly questioned why things were not ready to be turned in, and the Council had not seen the budget. A discussion resulted regarding the April 19 meeting when the Council Committees were disbanded. Adams suggested a special public meeting this week. Baker said, “I advise that there needs to be a Finance Committee. I’m putting that on the record. When something happens financially – we are already not paying the bills. When something happens financially in this village, I want it on the record that I am advising there should be a Finance Committee.”

Barnd questioned Jolly since he was the one who wanted to disband the committees asking, “What is your argument for disbanding the committees?” Jolly replied, “To bring everything to the table, dump them out, and let’s sit here one by one and figure out what we’ve got.” Adams motioned to have a special meeting to complete the 2023 budget. Henderson reminded everyone that Baker made a recommendation to reinstate a Finance Committee. Henderson then made a motion to reinstate the Committee, seconded by Applegate. All were in favor except Jolly, and the motion carried. Mayor Goodwin appointed Barnd, Henderson, and Brown.

The next item under unfinished business addressed vagrants living in a tent in an alley between 7th and 8th Streets. Jolly addressed the Council per residents’ request regarding this issue. He discussed the blue book and matters that can be enforced. The Mayor can appoint someone to enforce. Baker interjected, “So, the proposal is to criminalize homelessness?” Jolly and Adams replied, “No.” Jolly continued, “I don’t want people living in their campers and tents.” Jolly offered suggestions as to where folks might find assistance. Adams stated, “They are taking up residency in vacant homes.” Barnd asked if Jolly was suggesting that they build a homeless shelter. Jolly imparted that he wanted the blue book enforced.

A gentleman in attendance stood up and said, “I’ve been living in Manchester for the past five years.” He spoke about the folks living in campers, causing issues, trashing the area, and stealing from residents. The police were called the evening before the meeting, and this situation could get out of hand. He stated, “We’ve got to do something as a community.”

Adams noted that a letter was sent to a business on lower Second Street regarding campers there. They have not received a response. Other folks in the community spoke up, relaying the same concerns. Adams said, “We can enforce these things without a police department.” She talked about hand delivering letters. Adams stated that she had spoken with Judge Brett Spencer and Sheriff Kimmy Rogers and that they would help Manchester take care of some of these issues. Adams asked for 100% support from the Council. Goodwin stated, “Yes, we will get the third letter out this week.”

The first item under New Business was Regional Council Delegate and alternate designee for RITA. Adams made a motion to appoint Gidget Applegate as the Regional Delegate. Henderson seconded the motion, and all were in favor – motion carried. Applegate motioned to appoint Henderson as alternate designee, and Barnd seconded the motion. All were in favor, and the motion carried.

The second item under New Business dealt with a Flex Financial (Stryker loan) in default. The amount left on the loan is $12,397.95 and needs to be paid and cleared before the end of July. Jolly questioned who initially made the purchase and what the purchase was. The loan was for two cardiac monitors purchased by the village. Adams clarified the acquisition was in 2018, and they did receive a Worker’s Compensation grant. Jolly stated, “I think the village committed to one with the grant, and then somebody else came along and said, ‘Oh, we can get two, and we’ll get it paid for.’” Someone in attendance said, “There was one that was going to be paid for by the grant, and the other one got ordered, and we ended up with payments, and that’s where we are now.” Henderson clarified, “We authorized one purchase, and there were two.” Jolly replied, “And that person is no longer employed as a firefighter and EMT. Is that correct?” The answer was “yes.”

The Council discussed which fund to use for payment of the Stryker loan. Jolly made a motion seconded by Barnd to take the funds and pay the bill from the general fund. All were in favor, roll called, and the motion carried.

At 9 p.m., Jolly motioned for a meeting extension to 9:20 p.m., seconded by Henderson. All were in favor, and the motion carried.

The next item on the agenda under New Business was FEMA Lots. Shawn Palmer verified that he was not building on FEMA lots and was only replacing boards on a fence.

Public speaker, Larry Rigdon, spoke about a section of US 52 being changed to The Memorial Vietnam Highway. Representative Brian Baldridge’s office reported that the request had gone through and was signed by the Governor. On August 24 at 11 a.m., Baldridge will be in Manchester for the unveiling (location to be determined).

Shawn Palmer again said he was not building on a FEMA lot and was doing clean-up. He said the town is welcome to take over the care of the FEMA lot. He said, “I’m sorry if someone on Council has a problem or trying to help clean up without the town having to pay for it.” He also recommended that Council know what bills they vote on the day before the meeting. He thanked Randy Adams for his help.

During the round table discussion, Adams recognized Randy Adams for his work. Brown addressed the streets needing cleaning before Cruise-in and Kinfolk Days, and Henderson asked if the Fire Department could help clean.

Barnd spoke about the Messianic Refuge Facebook page. He said if a person contacts them through FB regarding a homeless person or someone strung out on drugs, the Refuge will send someone out to help. Barnd mentioned that gossip and divisiveness hurt the town. He suggested engaging residents in Town Halls so the public could have an effective forum to communicate their questions and concerns. Barnd also suggested that Mayor Goodwin join a Mayor’s Association that costs about $50 a year and a Clerk’s Association for Michelle Taylor. Barnd also recommended that the Council do a local business recognition program.

A Manchester resident suggested the village hold a contest involving Manchester students to name the “Visitors Center.” She recommended that the students write an explanation about their choice.

Jolly questioned the status of reconciliation reports. Henderson said they are set to get out of the probationary period on December 31, 2022. Barnd presented signs from the Ohio Waterway on Brush Creek.

At 9:20 p.m., Jolly motioned to adjourn the meeting, and Barnd seconded the motion.