December 13, 1999

 

 

 

 

The Ellettsville, Indiana, Town Council met in regular session at 7:30 p.m., Monday, December 13, 1999.  Members present were Geraldine McIntyre, President, Gina Hawkins, Vice President, Donald Ashley, John Dailey, and Patrick Stoffers.  Geraldine McIntyre called the meeting to order.  Donald Ashley gave the prayer, which was followed by the Pledge of Allegiance.

 

COMMENTS:

 

Michael Farmer of Bynum Fanyo Utilities announced that he and Jeff Farmer had spoken with Rick Coppock and agreed to donate the $600 needed in the Christmas decoration fund.  He said it was a gift back to Ellettsville for hiring Bynum Fanyo Utilities and allowing them to work in the town. Jim Ragle thanked Bynum Fanyo Utilities on behalf of the town.  Geraldine McIntyre also thanked Bynum Fanyo for the donation. 

 

MINUTES AND CLAIMS:

 

There was a correction to the minutes of the November 8 meeting.  The cost of the pagers being purchased from Indiana Paging will be $90.00 per pager rather than $9.00 per pager.    The vote to approve the change was unanimous.  Donald Ashley moved that the minutes be approved.   John Dailey seconded.  Patrick Stoffers noted that the minutes did not appear to be very detailed regarding the discussion of the K-9.  He asked if the tape of the meeting is available.   Sandy Hash reported that the tape is missing.   Motion passed 4-1 with Patrick Stoffers voting nay.

 

Patrick Stoffers moved that the claims be approved.  Gina Hawkins seconded.  Motion passed 5-0.

 

OLD BUSINESS:

 

ORDINANCE 99-16 AN ORDINANCE CONCERNING THE ANNEXATION OF ADJACENT AND CONTIGUOUS TERRITORY OF THE ELLETTSVILLE TOWN CODE:  2ND READING:  Ponton 22 acres:

 

Rick Coppock presented Ordinance 99-16, the second reading of the Annexation Ordinance for the Ponton property, located between Forest View Subdivision and Union Valley Road.  There is no cost to the town as far as improvements are concerned.  This phase involves twenty-two and a half acres of the thirty acres.  It will be zoned R-1, residential single-family homes, and be assigned Ward 4.  Gina Hawkins moved that Ordinance 99-16 be approved on second reading.  Donald Ashley seconded and the motion passed by a 5-0 vote.

 

ORDINANCE 99-18 CORRECTION OF ORDINANCE 98-25--McNEELY STREET ANNEXATION AREA:

 

Rick Coppock said Ordinance 99-18 correcting Ordinance 98-25 regarding the McNeely Street annexation area should be removed from the agenda.   We have had the first reading.  It should be taken off the agenda until after the public hearing.   It will probably be placed on the agenda in January. 

 

NEW BUSINESS:

 

ORDINANCE 99-26 ADDITIONAL APPROPRIATION: PARKS AND RECREATION.  1st READING.

 

Gina Hawkins read Ordinance 99-26, an Additional Appropriation for Parks and Recreation.  This ordinance would move $3000 from Parks and Recreation to Parks and Recreation 401 Playground Equipment.  Patrick Stoffers moved approval of Ordinance 99-26.  Gina Hawkins seconded.  The motion passed 4-1 with Donald Ashley voting nay. 

 

ORDINANCE 99-27 FIXING OF SALARIES BUDGET YEAR 2000.  1st READING:

 

Greta Carter, a town resident, asked why the Clerk-Treasurer is not getting a raise and the council members are getting a raise. She said she thought it is unfair because two of the council members are also new.  She said maybe Sandy shouldn't get the full raise but she did start her duties a month early to help the town and she shouldn't be punished for being the wrong political party or whatever.

 

John Dailey asked what the reasoning was for not giving the Clerk-Treasurer the raise.  Geraldine McIntyre said it was nothing personal but she felt the increase was not justified because Sandy Hash doesn't have the certification and the schooling.  Donald Ashley asked when the schooling would be available.  Sandy Hash indicated she would be able to complete the training in March.  She said that Diana Evans received the training during her term.  Sandy added that she has completed 67 hours toward the 100 required hours, so in one more week she could finish that certification. She added that even though she is new to the Clerk-Treasurer's position, she has worked in the Clerk-Treasurer's office for seven and a half years.    Sandy also said that instead of going to the training the past two years, she stayed in the office so that the office could remain open.

 

Jack Vickrey asked when the ordinance was initially read.  McIntyre indicated that the budget was approved in late summer but this ordinance must be passed to establish the salaries for the year 2000.  Vickrey said he got the feeling that this is somewhat petty politics and he would challenge this board to have the fortitude to vote the ordinance down.

 

Darlyne Sowder noted that the Herald-Times reported that this was the second year in a row that council members received an increase in pay.  She asked if the council members had actually received an increase each year for the past four years.  Geraldine McIntyre stated that they had only received a 3 or 4 percent increase.     Greta Carter asked if the council members received training and Geraldine McIntyre replied no.  

 

Donald Ashley suggested that the Clerk-Treasurer's raise might be effective in March after the schooling had been completed. 

 

Gina Hawkins moved that Ordinance 99-27 be approved.  John Dailey seconded.  A roll call vote was taken.  Donald Ashley, John Dailey, and Patrick Stoffers voted nay.  Gina Hawkins and Geraldine McIntyre voted aye.  The motion did not pass.  The ordinance will have to be rewritten and presented at the next meeting. 

 

Sandy Hash said a salary budget for all but elected officials had to be passed prior to August 31.  The salary ordinance for the elected officials did not have to be done until December 31.  Town Attorney Michael Spencer said this salary ordinance must be approved before the end of the year.  Since there is only one meeting remaining this year, the salary ordinance would have to be approved at the next meeting.  Mike Spencer indicated that the council would have to vote to waive the rules at that time so the ordinance could be approved prior to the beginning of 2000.

 

Geraldine McIntyre said she talked with the State Board of Accounts or State Auditors and will send them a copy of the budget.  We will take out the city versus town budget.  We will be sending them a form that will take out all the money that was put in the budget for the city and the firemen's PERF and the policemen's PERF.

 

FINAL PLAT APPROVAL--MEADOWLANDS PHASE 5:

 

Rick Coppock presented the final plat for Phase 5 of the Meadowlands for approval.  The Planning and Zoning Committee approved 21 lots at their meeting on December 2.  Jim Ragle said he had looked at the streets and they are okay.  Donald Ashley moved that we accept the final plat approval for the Meadowlands, Phase 5.  Gina Hawkins seconded and motion passed 5-0. 

 

FERRELL GAS AGREEMENT FOR GENERATOR:

 

Jim Davis said the generator is for the antenna site.  There is also a repeater out there. Four departments (police, fire, utilities, and street department) went together to buy the generator to provide electricity in case of a power outage.  The four departments will also share in the cost of the gas to run the generator.   Gina Hawkins moved that the Ferrell Gas agreement for the generator be approved.  Donald Ashley second.  The motion passed 5-0.

 

KOMPUTROL CONTRACT:

 

Sandy Hash explained that this is the annual maintenance contract for software support for the utility billing and accounts payable.  We got our first year free and this is the first bill we have had to pay.  John Dailey asked what the contract covers.  Sandy replied that if we have problems, we could call a toll-free number for help.  It also covers updates. The cost is $2250 for the year.  This is for software only, not hardware.  Sandy said we also need a contract for our hardware. Geraldine McIntyre asked that copies of materials be given to board members before the meetings.  Sandy Hash said this was already on the agenda when Diana Evans left.  Gina Hawkins moved that the Komputrol contract be approved.   Ashley seconded.  Motion passed 5-0.

 

BILLING CLERK AND OFFICE MANAGER POSITIONS:

 

Mike Farmer said these positions should not be on the agenda but he took the opportunity to introduce the new office manager for the Utilities Offices, Rebecca Wines.  He noted that she has twenty years experience in bookkeeping and accounting.  She lives just outside the town limits so she is local.  She began working four or five days ago.  She is currently helping install the computer system for the general ledger. 

 

TOWN MARSHAL: OVERTIME PAY AND SALARY:

 

Town Marshal Ron McGlocklin appeared before the council to request overtime pay that is now over 56 days past due.  He said he thinks this is something the council needs to look at on overtime for employees.  He said he thinks that the Fair Labor Standards Act says that overtime should be paid in the pay period it is earned.  He also stated that he assumed the position of Town Marshal on April 26 and he has now completed his six-month probationary period.  He doesn't know if he has been evaluated but assumes it has been done. Ron McGlocklin said from October 23 to December 17, which is the next pay period, there is $307.68 that he thinks he is entitled to for the full salary of the marshal and he doesn't understand why he is not getting full pay.  He has been doing the job since prior to the appointment.  He said he thinks he has done the job and proven himself.  He said if not, you people are my boss and you need to evaluate me and tell me if I am doing something wrong. Geraldine McIntyre said Diana Evans told her that the town could bring Ron McGlocklin up to supervisor's pay beginning October 26. Ron McGlocklin said he thought the date should be October 23.  Geraldine said she didn't think the three days would make that much difference.  Don Ashley moved that Ron McGlocklin be brought up to full supervisor's pay from October 26 to date on the next pay period. Patrick Stoffers seconded.  Motion passed 5-0.   Gina Hawkins moved that Ron McGlocklin be paid for 21 hours overtime accrued between 10-12 and 11-8 of 1999.  Donald Ashley seconded.  Motion passed 5-0.

 

CONTRACT BETWEEN THE TOWN AND THE VOLUNTEER FIRE PERSONNEL: 

 

Jim Davis said the contract between the town and the volunteer fire personnel is the same contract we have had every year. Only the last paragraph has been changed to indicate the contract must be renewed each year.  This was done at the suggestion of the State Board

of Accounts.  Gina Hawkins said there is not a monetary figure in the contract.  Jim Davis said the amount is the same as last year.  Donald Ashley moved that we accept the contract between the town and the volunteer fire personnel.  John Dailey seconded and the motion passed 5-0.

 

K-9 PERSONNEL TRAINING:

 

Town Marshal Ron McGlocklin reported that he interviewed two officers for the position of K-9 handler.  A panel consisting of Gina Hawkins, Patrick Stoffers, Captain Jay Humphrey, and Ron McGlocklin, considered the candidates and came to the conclusion that the best candidate for the position is Officer Brian Mobley.  Ron McGlocklin indicated that he would call Michigan the first thing tomorrow morning to arrange for training. There was discussion of life insurance for the new dog.  McGlocklin indicated that he has funds to cover life insurance.  It will probably cost about $350 a year for the life insurance.  The May Agency offers such a policy.  A local veterinarian would examine the dog and submit records to the insurance carrier.  There was also discussion of what the life insurance would cover.   Ron McGlocklin reported that we do not have life insurance for the current K-9, Sarge.  Geraldine McIntyre said the insurance was approved.  Ron McGlocklin said Steve Bartlett did not take care of getting the insurance.

COMMONWEALTH BIO-MONITORING: GREG BRIGHT:

 

Gregg Bright of Commonwealth Bio-Monitoring reported that they are continuing the water quality study of Jack's Defeat Creek, which was started in April.  Eight filters have been installed on storm grates.   They are attempting to trap pollutants before they get into the stream.  A late spring completion of the project is expected.  He said he appreciates the town's help. 

 

TRANSFER OF VACATION DAYS: STEVE BARTLETT:

 

Officer Steve Bartlett's request to transfer two vacation days to sick time was considered.  Gina Hawkins asked if two vacation days is correct and Sandy Hash said she assumes that Diana Evans verified the days.  Donald Ashley moved that Steve Bartlett be allowed to transfer his two vacation days to sick days.  Gina Hawkins seconded.  The motion passed 5-0. 

 

LETTER OF THANKS FROM CARTER FAMILY:

 

Gina Hawkins read a thank you from Bill Carter for flowers sent on the death of his mother, Shirley Carter. 

 

RESOLUTION 15-99 TRANSFER OF FUNDS:

 

Gina Hawkins read Resolution 15-99 by title only, Appropriation Transfers.  This is the year-end clearing up of transfers to cover expenditures from all departments.  John Dailey moved Resolution 15-99 be approved. Donald Ashley seconded.  Motion passed 5-0.

 

SUPERVISORS:

 

Jim Ragle of the Street Department requested approval to advertise for proposals on a new dump truck.  The council said it was okay to proceed. 

 

Jeff Farmer wished everyone a Merry Christmas. 

 

Mike Farmer said the town needs to begin working on a personnel manual.  He suggested that a committee would need to meet one hour a week for a month or month and a half to

prepare the manual.   Farmer also requested approval to declare a 1985 Ford F250 pickup and a 1960 air compressor surplus property and advertise them for sale.  Gina Hawkins moved that the 1985 Ford F250 pickup and the 1960 air compressor be declared surplus property.  Donald Ashley seconded.  The motion passed 5-0.  

 

Mike Farmer also reported that the Utility Department will probably finish moving utilities on Phase I of the State Road 46 Improvement Project this week or next.   New pipe on the west end of town is in preparation for installing a 12" water main from Main Street to Redhill Road. He thanked Jim Ragle and his crew for helping out when they were undermanned or they needed an extra piece of equipment.  He thanked the auxiliary police for their help with traffic control during road crossings.  He said more than anybody else he wanted to thank the utility crews who basically went without any vacation time, they kept their days off to a minimum, they worked a lot of overtime, all night long, on weekends; they just really put their nose to the grindstone and you have a utility crew that is second to none in Indiana and they are capable of doing any size project.  The crews really came through and Farmer really wants to thank them publicly.  They really did a good job.  His hat is off to his own crew. 

 

Rick Coppock reported that they are at work designing the relocation of utilities for the one-way pair section of the highway project.   He will be meeting with Bill Williams regarding the McNeely Street bridge. 

 

Marshal Ron McGlocklin requested that funds from the sale of the reserve police car be returned to the reserve unit.  The reserve unit purchased the car with their own money so the $1125 from the sale of the car should be returned.  Ron McGlocklin said a copy of the check used to purchase the car is available.  John Dailey moved that an additional appropriation be made transferring the money from general funds to the reserve account.  Donald Ashley seconded.  The motion passed 5-0. 

 

Ashley read a letter dated October 23, 1999, from Fredrick J. Gastineau, Personal Representative of the Lowell V. Gastineau Estate: 

 

"Dear Firefighters and Paramedics: 

 

"Greetings from Georgia.  I am writing on behalf of the Estate of Lowell V. Gastineau who passed away last April.  My Uncle Lowell had been in failing health for the past two years and received assistance from the Paramedic Unit on more than one occasion.

"Since my Uncle's passing, I spoke with Fireman Scott Dutton and explained that the Estate would like to make a contribution to the Department for any needed equipment.  Scott indicated that money was being sought to purchase an Automatic Defibrillator Unit.  I am pleased to announce that the Estate is issuing a check in the amount of $3,000.00 for the purchase of an Automatic Defibrillator Unit in the names of: Lowell V. and Helen M. Gastineau. "My Uncle Lowell and Aunt Helen have departed us, but they would want to make this contribution in the hope of helping their neighbors in Ellettsville.  We hope that this life saving equipment coupled with your skills and dedication will make a difference.

"Thank you to all of the men and women in the Department for your good work.  You are always there for the people of Ellettsville. 

 

Regards,

Fredrick J. Gastineau"

 

Donald Ashley announced his resignation from the Town Council effective January 1.  He indicated there are a couple people he thinks could take his place.  Ashley said the one that he would recommend is Bill Evans. 

 

Sandy Hash announced that Patrick Stoffers would be her Deputy Clerk effective

January 1.

 

Geraldine McIntyre wished everyone a Merry Christmas.  She also asked that people mark their calendars for 2 p.m. on January 1 for the swearing in ceremony and reception.  Judge Welch will swear the new members in.  She also welcomed newly-elected councilman Jerry Pittsford to the meeting.

 

The next meeting will be December 28.

 

COMMENTS:

 

Steve Hunt, a three-year Ellettsville resident, appeared before the council to talk about the salary increase for the Clerk-Treasurer.  He said this plus the situation with the dog has made the town look petty.  He came to the meeting hoping to be proven wrong.  He hopes the issues will be resolved. He said if Sandy came in with no experience, it would be different.  She comes with seven years experience.   He urged the salary be kept at the rate planned for her predecessor.  He asked how this would be resolved.  Gina Hawkins said another ordinance would be prepared for the next meeting. 

 

Jeff Schunn addressed the council to thank them for approving the dog. He asked why the decision was delayed for so long. McIntyre replied that they had questions for McGlocklin, and due to sickness, council members not being present, and then Cornman resigning, the process was delayed.  She said they did an emergency appropriation to get the dog check sent to the people so they would hold it.  Through talking with the members of the board, she got an okay from all the board members.  The attorney wrote an emergency letter and Geraldine called Michigan and we sent the $3000 to pay half the money--the total cost is $6000.  She said we had to go through the State Board of Accounts to get an okay to do that. But Schunn said he still didn't get an answer why it wasn't done sooner.   He referred the council to the November 8 meeting when there were four members in attendance. There was no problem with the dog or the proposed handler.  The council still wouldn't vote on the dog issue.  You stated the reason was a personnel issue, which had come up in the past week.  This was November 8.  If it was just within the past week, then why wasn't the dog passed at previous meetings?  Hawkins replied that she didn't know the exact answer.  She said we agreed when Ron McGlocklin was appointed as Town Marshal, that after six months we would have an evaluation type process and it was agreed that we would have a meeting to be sure that yes, he wanted to keep this job and we wanted to keep him in this job. We wanted to be able to have a full board to have that six-month meeting.  At that six month meeting, if either we decided or Ron decided not to stay Town Marshal, he would go back to being the dog handler and therefore we wouldn't need another $6000 dog and we wouldn't need to appoint a new dog handler. Schunn asked why we weren't told that when the question was first brought up.  Geraldine McIntyre said she had no idea. McIntyre told Schunn the comment period was up, but when he protested, she gave him three more minutes to finish speaking.  

 

Jeff Schunn went on to ask if there was a personal vendetta against the police department.  Geraldine McIntyre said it is not a vendetta against anybody.  We had an election.  We had a city-town election.  The town won.  We have to go on and work together as a board.  She said she does not have any hard feelings against anybody.

 

Dave Sorokoty also spoke about the K-9 issue and tried to explain why he thought it was appropriate to delay the decision until all questions had been answered.    He said since the election there is animosity and hatred on both sides but it's time to get rid of it.

 

Gina Hawkins moved the meeting be adjourned.   Patrick Stoffers seconded.  The motion passed 5-0 and the meeting adjourned at 9:01 p.m.