August 24, 1998

 

 

The Ellettsville, Indiana, Town Council met in regular session at 7:30 p.m., Monday, August 24 1998. Members present were Michael Cornman, President, Geraldine McIntyre, Vice President, Donald Ashley, Gina Hawkins, and Patrick Stoffers. Mr. Cornman called the meeting to order.  Darlene Sowders gave the prayer.

 

COMMENTS:

 

ELLETTSVILLE CHAMBER OF COMMERS-GAME BALL:

 

Darlene Sowders said on behalf of the Ellettsville Chamber of Commerce that she would like to present you (Town Council) with the game ball.  The Town will have the trophy and the game ball, which was signed.  The town won by a very small margin.

 

MINUTES AND CLAIMS:

 

Mike Cornman said is there a motion to approve the minutes and claims.  Geraldine McIntyre so moved.  Patrick Stoffers seconded.  Motion passed 4-0.

 

ORDINANCE 98-21 AN ORDINANCE OF THE ELLETTSVILLE TOWN CODE

                                         CONCERNING EXPENSES FOR THE PROMOTION OF

                                   CITY AND TOWN BUSINESS-SECOND READING:

 

Mike Cornman read by title only, this is a second reading.  Mike asked is there a motion to adopt Ordinance 98-21.  Gina Hawkins so moved.  Patrick Stoffers seconded.  Motion passed 3-1, Geraldine McIntyre voted nay.

 

Donald Ashley arrived at the meeting.

 

NEW BUSINESS:

 

OPEN QUOTES ON COMPUTER HARDWARE:

 

Mike Spencer opened the following quotes:

 

ISR-Information Systems Resources, Inc.

Total $11,145, minus the discount and the total system investment is $9,652.00.

PC and for related items for local network $1,678.00 each

1 3-COM Office Connect Hub 16 port                                     $    189.00

1 MISC 500’ UTP CABLE, Termination, & Misc. Items         $    365.00

Installation & Setup service for AS/400 and PC Network         $1,150.00

Service Agreement                                                                      $1,678.00

 

RJ Cornman Information Systems, Inc

 

AS/400                                                                                         $8,083.50

 Support Program                                                                         $3,051.50

UPS Fortress 675 EXT                                                                $  650.25

External Data/Fax Modem                                                           $  446.25

1 Personal computer                                                                     $1,400.00

Installation Estimate                                                                     $1,728.00

Total bid price                                                                             $15,359.50

 

Mike Cornman asked is there a motion to table the quotes on the computer hardware?  Geraldine McIntyre made a motion that we take them under advisement.  Gina Hawkins seconded.  Motion passed 5-0.

REQUEST FOR PAYMENT OF OWI/SEAT BELT GRANT:

 

Steve Bartlett said in response to your request last meeting, the Town of Ellettsville is receiving $2,060 for this years OWI/Seat Belt Grant.  In FICA it is costing the town about 36 cents an hour to put these officers on the street.

 

Mike Cornman said let the record show that he did sign the grant and had it sent in and there is nothing in the minutes of the previous meeting dating back to 1989 that they first started talking about this.  There is nothing in there anywhere that said the Council President had permission to sign that.  Mike wanted to know how to make a motion now that it has been signed.

 

Mike Spencer said he would vote to move to acknowledge and affirm your act of signing the grant. 

 

Mike Cornman asked is there a motion to acknowledge and affirm the action he took on signing his name for the OWI/Seat Belt Grant?  Patrick Stoffers so moved.  Geraldine McIntyre seconded.  Motion passed 5-0.

 

FALL FESTIVAL PARADE PERMIT:

 

Mike Cornman said what he has here is a right of way permit that has to be signed by the town so we can block to highway for a couple hours for the parade.  This is 46, 4.4 miles west of State Road 37, Ellettsville Indiana, between 47 and 68 mile marker. 

For the Fall Festival Parade from 1:15 p.m. to 3:45 p.m. Saturday, September 19th.  The Ellettsville Police Department and the Monroe County Sheriffs Department will direct traffic.

 

Mike Cornman asked is there a motion to approve this right of way permit application.  Gina Hawkins so moved.  Patrick Stoffers seconded.  Motion passed 5-0.

 

REQUEST PERMISSION TO USE TOWN PARKING LOTS FOR FALL FESTIVAL:

 

BJ Smith said he is representing the Fall Festival, they would like to ask you to consider the use of the town parking lots and the Town Hall for the Festival.  He would like to get your permission to close some streets during the festival and even some prior to just an emergency and -------- traffic safety.  These are the same streets and same times as last year.

 

Mike Cornman said what he has is one part of this is the housing and grounds agreement with the Monroe County Fall Festival Association, they want to use the town lots on the 17th, 18, and 19th.  Liability insurance is provided and it is the same thing we have done in the past.

Mike Cornman said he would like suggesting a motion that we approve the housing and grounds agreement along with the request for closing the streets.

Geraldine McIntyre so moved.  Donald Ashley seconded.  Motion passed 5-0.

 

ORDINANCE 98-22 AN ORDINANCE OF THE ELLETTSVILLE TOWN CODE

                                   CONCERNING EMPLOYEE HEALTH INSURANCE

                                   FIRST READING:

 

Gina Hawkins read Ordinance 98-22.  Mike Cornman said is there a motion to for submission of first reading Ordinance 98-22.  Gina Hawkins so moved.   Geraldine McIntyre seconded.  Motion passed 3-2, Patrick Stoffers and Donald Ashley voted nay.

 

RESOLUTION 5-98 TRANSFER OF FUNDS

 

Gina Hawkins read Resolution 5-98.  Mike Cornman asked is there a motion to approve Resolution 5-98.  Geraldine McIntyre so moved.  Patrick Stoffers seconded.  Motion passed 5-0.

 

RESPONSE TO HT ARTICLE REGARDING ANIMAL CONTROL IN

                                  ELLETTSVILLE:

 

Mike Cornman read from the following press release.

 

This will be in response to an article that appeared in the Herald-Times (Region section) on August 18, 1998.  The article was written by Kurt Van der Dussen.  It was in reference to Mr. Van der Dussen’s article of the Monroe County Council budget meetings.  There are several errors about the Town of Ellettsville regarding animal control.

·         The article stated that Josh Martin, the animal control manager, that there were about 30% of all of the county’s animal control calls come from our town.  This is wrong.  In 1997 approximately 15.2% of the animals taken in by the animal shelter were from Ellettsville.  From March 30, 1998 to June 5, 1998 resulted in the county having 598 animal control cases.  Approximately 130 (21.7%) were from Ellettsville.

·         The article goes on and says that the town does not contribute anything to the county for animal control.  This is wrong.  The residents of Ellettsville already pay approximately $167,605.79 to the county’s General Fund.  The animal control budget comes from the General Fund.  We are already paying.

·         If we used the 1997 data of 15.2% of the calls were from Ellettsville, Ellettsville’s portion from the county tax would be $21,128.00 to the animal control budget, this mind you that if the animal control receives their total budgeted monies from the General Fund without any assistance from miscellaneous revenues.

·         In further clarification, it was stated that a majority opinion of council members and commissioners at this budget session was that if the town doesn’t start contributing its fair share, it will have to take care of its own animal problems because the county officer will be told not to respond.

·         Again, the town already is paying.

·         If the town does not offer this service, than the county must provide the services as we are still county residents.  This has already been proven by previous Indiana court ruling.

·         About a month and a half ago, I spoke with Kirk White, County Commissioner on this related subject.  I did ask that we verify that the information on the amount of calls actually came from Ellettsville.  There are quite a few people who do not live in the taxable jurisdiction of Ellettsville.  However, they continually say that they live in Ellettsville.  We need accurate data.

·         At this time I told Mr. White that I would see what I could do.  I did not expect this to be brought up in a public meeting.  Nor was I aware of the urgency that Ellettsville should come to the table and discuss animal control management.

·         I certainly hope that the spirit of cooperation that I have fostered between the County and the City of Bloomington is not damaged any.  Bit, if it is, I guess we’ll live with it.

 

There was more discussion on this matter.

 

Patrick Stoffers said he thinks it should be pointed out that so far in this calendar year Monroe County has dispatched Ellettsville Police officers, 88 times to locations outside of the town limits.  He is astounded that they could literally hang out a threat of removing services when they dispatched Ellettsville Police officers so frequently and that is the ones that are obvious by the address.  He talked to Kirk White this past Saturday and asked for the hard copy of the run list for animal control.  What they got today was a regurgitation of what our Deputy Clerk-Treasurer; Sandy had already got the prior Friday, so no new information in that regard.  He expects animal control to provide use a hard copy of their runs so we can look at the addresses.

 

Mike Cornman said there was one thing noted on the Monroe County dispatcher log was of those calls a lot of them had Ellettsville addresses but Ellettsville addresses goes a long way and is not in the corporate town limits.  We need accurate data and we will take a look at it.  To do it in a public meeting was not quite a pot shot but------.

 

Patrick Stoffers would like to thank Steve Bartlett, Ron McGlocklin for working with him 3 days last week trying to collect this information and he appreciates it.

 

Mike Cornman said he would like to say the same for Deputy Clerk-Treasurer, Sandy Hash, she did some work on that personally.

 

REQUEST TO HAVE RANDY CASSADY MOW PROPERTIES:

 

Erica Banner and she lives at 831 Chandler Drive and she wrote the letter as a complaint because the mosquito problem is really bad this year and her and her neighbors have talked about it.  -----that is due to the water that stands on the property that he has not yet fixed the drainage.  He has only mowed it once this entire summer.  There was water standing from when it started raining this spring until fairly recently.  The main part of the field has been dry for a few weeks.  She spoke with a neighbor and she said before when Mr. Chandler cared for the land that it was mowed a lot more.  There are ways to care for property.

 

Mike Cornman asked what have we done in reference to the recent letters before that we sent certified?

 

Gina said actually we got an earlier complaint in June about the property up there and she did mail a letter to Randy and he took care of it that time and of course we had Erica’s complaint and a couple of others.  He was sent another letter approximately 2 weeks ago.  The letter stated he has 5 days to mow the property or the town will mow the property and charge it to him or on his taxes.  He has not as of this time mowed the property.  She called him Wednesday or Thursday of last week to leave him a message.  She got with Jim Ragle and if he hasn’t taken care of the problem Jim and some of the guys could take care of the property, probably Wednesday of this week.  She left Randy a message to that effect to please call her back so they could avoid all of this, what ever.  He has not contacted her personally.

 

Patrick Stoffers said about 7 o’clock today he went up to that piece of property and the front facing the road of that property has been mowed, it look to have been mowed today however that bottoms are not mowed.  Going down in there, there is a foot and half of water.  Randy and he went across the street to the property owner where the drainage pipe has apparently been capped and the owner of that property said he did cap that.  While they were there he did give Randy permission to repair that line.  Randy told him that he was going to start tomorrow, and he already had the backhoe up there.

 

Mike Cornman said do you have a response to the information that has been brought out. 

 

Erica said her own response from her is his word is-------.

 

Mike Cornman asked is there more than one issue here is there negligent care of the property that mowing grass and high weeds is a violation of the ordinance.  Is there anything else that the Plan Commission that he may or may not be in violation of?

 

Donald Ashley said as he remembers some time back he said something in a meeting where he said he was going to spray that property for mosquotes he assumes.

 

The Clerk said he has never done it, you can just see them.

 

Gina said when he was purchasing that property the big issue at the time again was the water and drainage problem.  She believes that was February of 96.  We look through the minutes and he has made reference to the fact that he would definitely take care of the property in a better fashion than it had been taken care of before.  She doesn’t see that that is the case as of this time.

 

Mike Cornman said here is some suggestions from the Council.  He said is going to try and get working on it once again.  Do we take his word for it and leave this on the agenda for another 2 weeks and maybe take some additional action if it has not been taken care of or do we do something now?  He wants to hear from the Council on what they want to do.

 

Donald Ashley said can he make a simple suggestion Mike that---------if it is not taken care of by Wednesday, isn’t that the time he said he would have it done?

There was so more discussion.

 

Geraldine said she thinks of what Pat has said and Randy has said earlier tonight that if he would be able to get an easement from the guy across the road and open that up it would help that drainage some.  She said we should give him until Friday to get the weeds cut.

 

Patrick Stoffers said based on his conversation with Randy, the landowner where the pipe is sealed at it would be reasonable to give him until Friday.

 

Mike Cornman said according to our Ordinance do we have authority to do so like this?  He wants to make sure we follow our Ordinance, is that were we are at this point now or can we do so?

 

Gina Hawkins said as of now we his waiting period is over, we can go up on that property and mow that property according to our ordinance, the weed ordinance.  The water drainage is a separate issue as far as she is concerned.  She agrees about giving him extra time to do that, she doesn’t think that is a problem.  You can’t fix the drainage problem over night.  She thinks the mosquotes are definitely a problem from the standing water, however if the weeds and grass had been mowed and taken care of she doesn’t believe it would be such a large problem.  It is her opinion that he was made aware in June that we wanted this property kept up.  He mowed it and took care of it at the time and now in July we had to send him another letter, the first of this month we had to send him another letter.  She thinks the weed information needs to be taken care of by Wednesday or Thursday or when ever Jim could get up there and if he has not mowed it she thinks we should get up there and mow it.

 

Mike Cornman asked do you want to give him until Wednesday or Thursday or Friday?

Jim Ragle said if there is a water problem and it is standing they couldn’t mow it either.

 

Gina Hawkins said it is her feeling that we haven’t had as much rain in the last month or so as we did in the end of May and June and he was able to go up in June and mow the property.

 

Pat said there is a foot and half of water.

 

Gina said in one section of the property?  Pat said in the one section he went out and specifically looked at, yes.  Gina said even if we could get the rest of it taken care of.

 

Geraldine McIntyre made the motion we give him until Friday because if he gets the water problem started draining she doesn’t think our boys can get in there until Friday or Monday of next week so she would make a motion that we give him until Friday to mow it and if not we will take action.  Patrick Stoffers seconded.

 

Donald Ashley has a question, he realizes there is water from the back of that but the lot that shows up there on the street there is no reason why he couldn’t mow it any time this summer, the lot next to Mrs. Chandler or Chandler Drive.  Gina said he mowed that today is that correct?

 

Gina said the question she has is of Jim Ragle, if we give him until Friday then you will not be able to do anything with it until next week if he doesn’t do anything is that going to fit into you schedule sometime the first of next week.

 

Jim Ragle said yes.

 

Mike Cornman said we have a motion and a second.  Motion passed 5-0.  Gina will send him a letter or call.

 

Mike Cornman asked Erica if they dealt with the questions according to her letter?  Erica said yes, thank you.

 

Rick Coppock said he has one comment.  He thinks it would be nice to have Mike (Spencer) look into the fact that this guy blocks this pipe off periodically.

 

Mike Cornman said he doesn’t think it is a drainage easement that is on the plat.

 

Rick Coppock said he is not so sure that it is not the natural drainage pattern of water before when they built the subdivision.  He is not sure he can block off.  Mike Spencer wanted to know if there is a drainage pipe there?  Rick said there is a drainage pipe, when they built Chandler Drive, they flit that end and but the pipe underneath there.  The guy at the other end seems to block to off periodically.  They have also been throwing a bunch of yard waste, grass clippings, and Christmas trees and everything else in a big sink hole that all drains end back there which is probably not to good of an idea either.  He doesn’t think there is any easement for that sinkhole.  If they block the sinkhole they may flood their backyards one of these days.  He doesn’t think he can block off a natural drainage.

 

Mike Cornman said why don’t we wait and see what the out come of Randy’s, maybe he can fix it and get it set up right where it is still closed all the time.  But if it is blocked up maybe we should have Mike look into it

 

There was more discussion on this.

 

Gina thinks back when this was talked about a couple years ago, it seems to her the gentleman that owed that property was here and was going on about the drainage pipe not working and back flowing and that is why he wanted to cap that.  Somebody whether it was the property owner at the time of maybe Randy, it seems like somebody gave him permission to cap his side.

 

There was more discussion.

 

REQUEST TO USE TOWN HALL FOR MEETINGS OF THE ELLETTSVILLE

                                   POLICE RESERVE:

 

Mike Cornman said Ellettsville Police Reserve Commander Harry Bowen asked him to bring this up.  They have 16 or 17 people now and they meet only once a month.  It does not conflict with any of the meetings the town has.  They are requesting permission to use town hall for a meeting place for the reserves.  Mike Cornman made the motion to allow the Ellettsville Police Reserves to use the Town Hall for a meeting place.  Geraldine McIntyre seconded.  Motion passed 5-0.

 

SUPERVISORS:

 

OPEN QUOTES FOR FIRE CAR:

 

Mike Spencer opened the following quotes on 1978 Ford Fairmont owned by the Town of Ellettsville Fire Department.

1. Brian R. Mobley                 $725.00

2. Frank W. Pearsall                $779.95

3. Robert Gresham                  $602.00

 

Mike Cornman asked is there a motion to accept the bid for $779.95 for the 78 Ford Fairmont.  Geraldine McIntyre so moved.  Gina Hawkins seconded.  Motion passed 5-0.

 

QUESTION ON THE ZONE OF DR. KAPSYNSKI PROPERTY:

 

Rick Coppock said there is a question that came up and Diana, Jim Davis and himself have been working on it.  It is the zoning on what is called the Ellettsville Professional Center.  Diana said same as Dr. Kap (Kapczynski).  Rick said we have looked at the annexation ordinance and found a letter from Rogette that said it wasn’t given zoning, the Plan Commission reviewed it and she thought it seemed like a C-1.  Rick said He and Diana went through the different zoning ordinances today, the differences between C-1, C-2, and C-3.  It seems like it is C-3 to him.  They want to know what their zoning is out there.

 

There was more discussion and it was table until the next meeting.

 

Mike Spencer informed them to be careful.  The property needs to have it done right.

 

ADJOURNMENT:

 

Geraldine made the motion to adjourn.  Patrick Stoffers seconded.  Motion passed 5-0.