Town looks for radios' return

CLOVERDALE -- Members of the Cloverdale Town Council recently learned that several radios that were previously used by the former Cloverdale Town Fire Department have not been returned to the town.

Town Council President Don Sublett told the council he had recently sent two written requests to former CTFD Chief Mark Cassida to return the radios. As of the council's regular June meeting, Sublett said six radios and 18 pagers had not been returned.

"They are town property," Sublett said. "I think (Cassida) is responsible for town property."

"Why is (Cassida) responsible for that," board member John Davis asked.

"He was the fire chief," Sublett said.

The board asked town attorney Allan Yackey what it could do if the radios and pagers were not returned, to which Yackey said legal action could be pursued.

Board member Judy Whitaker then asked Sublett if he had given a deadline for the radios to be returned.

"No, but maybe that's the course we should take," Sublett said.

Board Vice President Dennis Padgett then motioned to provide a 30-day deadline for the return of the radios and pagers. The board voted 3-2 in favor of the measure, with Whitaker and Davis both voting no.

Meanwhile, the town heard an update from town attorney Allan Yackey regarding several ordinances.

In May, the council asked Yackey to look over three ordinances that were out of date.

On Tuesday, Yackey said one of the ordinances was not necessary.

He said the town's abandoned vehicle policy, which had been in place for several years, was not only outdated, but unnecessary.

"A town can't have an ordinance that tracks state law," Yackey said, saying the residents had rights to have abandoned vehicles towed away.

Yackey said that according to Indiana Code 9-22-1-15, if a property owner finds an abandoned vehicle on property they own or control, they can report it to law enforcement.

I.C. 9-22-1-18 further states that if a person who owns or controls property makes a report of an abandoned vehicle, the law enforcement officer "shall" follow the removal procedures.

Yackey said "shall" means the law official has to follow up on the report.

He added that police do not necessarily have to follow up on situations where residents who see "abandoned" vehicles that are not on their own property. Law enforcement, Yackey said, may follow up on such reports, but do not have to.

Yackey also addressed the council Tuesday regarding two other ordinances the town believed were outdated.

He told the council he did not have time to look over the unsafe building ordinance or the nuisance ordinance, but would do so in the future.

The council also voted 3-2 in favor of accepting ordinance 2007--02, which dealt with fire service.

The ordinance states that "any fire service previously authorized by the town is disbanded" and "any ordinance related to a fire department or fire service, owned or operated or otherwise associated with the town other than the existing agreement with the (Cloverdale Township Volunteer Fire Department) are hereby repealed."

Board members Judy Whitaker and John Davis both voted against the measure.

The council also heard a first reading of ordinance 2007-03, an ordinance Sublett said was required by the Department of Natural Resources.

Sublett explained to the audience Tuesday that he did not plan on reading the entire ordinance, which was 26 pages in length, and added the town had until Aug. 31 to pass.

The ordinance dealt with flood hazard areas in the town and was to "promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas."