Roll Call: Patrick Stoffers asked for roll call of the Council Members. Patrick Stoffers, President; William Evans, Vice-President; Lisa Creech, Phillip Rogers and Dennis Williamson were present. Also present were Sandra Hash, Clerk-Treasurer; Mike Spencer, Attorney; and Frank Nierzwicki, Planning and Zoning Administrator.
Approval of the regular meeting minutes
Lisa Creech made a motion to approve the minutes
of the regular meeting from
Action to pay Accounts Payable Vouchers
William Evans made a motion to pay the accounts payable vouchers. Lisa Creech seconded. Motion carried.
Board of Zoning Appeals (R) 2005-2008
William Evans made a motion to table appointment to the Board of Zoning Appeals. Phillip Rogers seconded. Motion carried.
Resolution 34-04 Adopting
Pat Stoffers stated it was tabled at the last meeting relative to the Section 504 Compliance Form.
Mike Spencer wanted to know why pages 14 and 15 of Section 504 were in there since it talks about schools, unless the Town is anticipating seeking federal funds.
Lisa stated it would take an on site inspection of all the parks to make sure they are in compliance with each one of those specifications and bring them up to par before certification.
Patrick Stoffers recommended tabling
this resolution and coming back and addressing this at the
Darlyne remarked this has to be forwarded to the state by the end of January or it will have to wait until June.
Williams Evans made a motion to
table Resolution 34-04 to the meeting on
Resolution 01-05 declaring
the 1995 Jeep Cherokee Surplus Property donating it to the
Lisa Creech read Resolution 01-05.
Whereas, replacement of
vehicles in the Ellettsville
Phillip Rogers stated he heard the jeep was going to be surplused. Bean Blossom Township Fire Department approached him and asked about it. They really do need the vehicle and it will benefit their Fire Department.
Lisa Creech made a motion to adopt Resolution 01-05. William Evans seconded the motion. Motion carried.
Resolution 02-05 Cancellation of Outstanding Warrants
Whereas, pursuant to IC 5-11-10.5, all checks outstanding and unpaid for a period of two years as of December 31st of each year are void and,
Whereas, not later than March 1st of each year, the Treasurer of each political subdivision shall prepare a list in duplicate of all checks outstanding for two or more years as of December 31st last preceding and,
Whereas, the Treasurer of each political subdivision shall enter the amounts so listed as a receipt to the funds upon which they were originally drawn and remove the checks from the list of outstanding checks. If the fund from which the check was originally drawn is not in existence or cannot be ascertained, the amount of the outstanding check shall be receipted into the General Fund of the town.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
The Clerk-Treasurer is hereby authorized to void the following checks:
Check # Date Payee Fund Amount
2153 02/26/02 Tao Craig 500-13120-25 2.19
2197 03/26/02 Barker Motors Co. 500-13120-25 14.13
2219 03/26/02 Cindy Wells 500-13120-25 2.99
2663 11/26/02 Angela Bogle 500-13120-25 1.63
2670 11/26/02 Jennifer Farris 500-13120-25 .61
2676 11/26/02 Tony Ivey 500-13120-25 8.75
2678 11/26/02 Robin Kreiling 500-13120-25 1.63
2679 11/26/02 Daniel Marques 500-131-2025 16.12
Total for Fund 500 $ 48.05
2121 01/29/02 Shannon Sturgis 503-12760-25 16.70
2567 09/30/02 AJ Bohall 503-12760-25 30.00
2569 09/30/02 Melissa Canning 503-12760-25 30.00
2587 09/30/02 Patricia Witt 503-12760-25 30.00
Total for Fund 503 $106.70
2169 11/26/02 Tony Ivey 600-13120-25 10.18
Total for Fund 600 $ 10.18
Total of Outstanding Warrants to be Cancelled $164.93
Ordinances on First
Ordinance 05-01 amending Ordinance 04-25 Fixing of Salaries for Budget Year 2005.
WHEREAS, The Fair Labor Standard Act Regulations Title 29 Part 778.108 defines the “regular rate” to be used in determing the overtime rate, and
WHEREAS, The Fair Labor Standard Act Regulations Title 29 Part 778.200(a) section 7 (e) explains the “regular rate” at which an employee is employed shall be deemed to include all remuneration for employment paid to, or on behalf of the employee, but shall not be deeded to include:
(1) Sums paid as gifts; payments in the nature of gifts made at Christmas or on other special occasions, as a reward for service, the amounts of which are not measured by or dependent on hours worked, production, or efficiency.
THEREFORE BE IT ORDAINED AND ADOPTED by the Town Council of the Town of Ellettsville, Monroe County, Indiana, that ordinance 04-25 be amended by striking under Longevity Payments for 2005 the following:
Longevity pay will be added to the base pay of the above mentioned employees for the purpose of calculating overtime.
Contract for Employment with Michael Spencer, Attorney
THIS AGREEMENT entered into this 10th
day of January, 2005, between the Town of
WITNESSETH: Client retains and employs Attorney as its attorney. Client shall pay Attorney the sum of Seven Thousand Five Hundred Dollars ($7,500.00) as an annual retainer. Attorney shall be expected to attend meetings and handle routine matters on behalf of the Town.
Client shall pay the Attorney and his staff on an hourly basis for the following items:
1. Any work which pertains to sewer and water; and
2. Any complex matter requiring either litigation or expenditure of an inordinate amount of time, the latter to be determined by the attorney. The hourly rate will be as follows:
Senior attorney, which includes
b. Associates at the rate of $110.00 per hour,
c. Legal assistant at the rate of $50.00 per hour.
In the event the Town finds it necessary to conduct a bond issue, the fee to the Attorney shall be on an hourly rate determined at the time the Town decides to conduct the bond issue. The exact terms and conditions shall be set out in a separate memorandum to be prepared prior to the issuance of the bonds.
Interest filling by
Dennis Williamson stated due
to the Inter-local Agreement between the Town of
There were no comments from the floor
The average flow for this year is actually down from last year to 1,141,000 which is about 50% capacity of the plant. Last year the average came out to about 55%. The rain was about the same for 2003 as it was for 2004 so hopefully some of the INI work we are doing here is showing up in the flow. With the addition of new customers every day the flow is down a little. He thought the Council would like to see this report to know how the plant is doing. It is doing a fabulous job.
Jeff Farmer said on Thursday the river had gotten so high Cook, Incorporated in order to stay in operation, was to show the Department of Health they were getting rid of their waste. They plugged off a manhole that feed their plant and trucked about 25,000 gallons of waste to our plant. This allowed them to stay in operation. We were trying to be neighborly. They paid the domestic rate of $4.00 per thousand. It was just for one day.
Frank Nierzwick, Planning and Zoning Administrator announced as of this afternoon the trailers at the Sowders’ property were moved across the street to Robinson’s property which puts them in compliance with our zoning laws
She also announced an open
Patrick Stoffers followed by saying, this is our last meeting in this particular building and it has served the town well over the years. We are all looking forward to moving to our new facility. I am sure they will welcome us with open arms. With that I would entertain a motion to adjourn.