Ellettsville, Indiana, Town
Council met in regular
session on Monday, January 9, 2006, at
the Fire Department Training and Conference Room.William Evans called the meeting to order at Phillip Rogers
led the Pledge of Allegiance and Lisa Creech led
Roll Call: Members
present were William Evans, Vice President; Lisa Creech, Phillip Rogers and Dennis Williamson. Sandra Hash,
Clerk-Treasurer and Mike Spencer, Attorney were also present.Patrick Stoffers was absent due to illness.
Supervisors Present:Jim Ragle, Jim Davis, Ron McGlocklin, Jay Humphrey, and Frank Nierzwicki were present.
Approval of the minutes
Lisa Creech made a motion to approve the minutes for the regular
meeting on December 27, 2005. Phillip
Rogers seconded.Motion carried.
Action to Pay Accounts Payable Vouchers
Lisa Creech made a motion to pay the Accounts Payable
Vouchers.Phillip Rogers seconded.Motion carried.
Election of Officers
Evans requested this be tabled until the next meeting.
Creech made a motion to table the Election of Officers until the next
meeting.Phillip Rogers seconded.Motion carried.
Board of Zoning Appeals (R) term ending 12-31-09
would like to table this until the next meeting since this is an appointment
made by the President.
Creech made a motion to table the Appointment for the Board of Zoning Appeals
until the next meeting.Phillip Rogers
Resolution 01-06 Cancellation of
explained this resolution is to void any outstanding checks written two or more
years ago as of December 31.William
asked if the total of the checks needs to be noted with the resolution.Sandra said if the resolution is passed, she
will include the totals in the minutes.
The Clerk-Treasurer is hereby
authorized to void the following checks:
Total for Fund 500$26.59
339110/15/03Jeffrey A. Bowman503-12760-2530.00
for Fund 503$60.00
Total of Outstanding Warrants to be Cancelled$86.59
Creech made a motion to accept Resolution 01-06 Cancellation of outstanding
warrants.Phillip Rogers seconded.Motion carried.
Ordinances on Second Reading:
Ordinance 05-27 amending Chapter 36 of
the Ellettsville Town Code concerning Paid Time Off for Town Employees
Jim Davis, Ellettsville
Fire Department,mentioned this ordinance is to change
the wording in this particular part of the Town’s Employee Personell
Policy to make it clearer.Mike Spencer
made some additional changes.
Creech made a motion to adopt Ordinance 05-27 amending Chapter 36 of the
Ellettsville Town Code concerning Paid Time Off for Town Employees.Phillip Rogers seconded.Motion carried.
Michael Spencer Contract
Dennis Williamson read the contract in its entirety.This agreement is between the Town of Ellettsville and Michael J. Spencer, Attorney.Summary:
vTown will pay $7,500.00 as an annual retainer
vAttorney is expected to attend meetings and handle
routine matters on behalf of the Town
vTown will pay Attorney and his staff on an hourly
to sewer and water
oAny complex matter requiring either litigation
or expenditure of an inordinate amount of time.The hourly rate will be as follows:
which includes Michael J. Spencer, Suzanne Sturgeon or Frank A. Barnhart at the
rate of $120.00 per hour
§Associates at the
rate of $110.00 per hour
at the rate of $50.00 per hour
vIf the Town has 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
Evans stated this is the same contract Mike Spencer has had for many
years.Mike commented the amounts are
the same as last year.
Creech made a motion to accept the contract for Michael Spencer for 2006.Phillip Rogers seconded.Motion carried.
Ron McGlocklin, Ellettsville Police Department, is still having
problems getting Mr. Neidigh to repair items under warranty.The Town still has the bond and an unpaid
bill for $14,000.Ron has tried
notifying Mr. Neidigh several times and feels Mike Spencer might need to get
involved.William asked what needs to be
completed.Ron said there is a problem
with the drywall cracking in the building.The gutters are not working either because when it rains the water
shoots off the roof.Mr. Neidigh is
aware of these problems.Ron is meeting
with another contractor to get an estimate on resolving these problems.The building is still under warranty and Mr.
Neidigh should be taking care of these problems.
Jim Davis, Ellettsville
received a phone call that a department in OwenCounty needs some spare air bottles.He reminded the Council a year ago the CountyFire Department received a grant through Emergency Management
Advisory Council.The CountyFire Departments all purchased new air packs and took the old ones out
of service.The Town has donated some of
those air packs to other departments.He
would like to know if there needs to be some documentation to declare the old
air bottles surplus so we can donate them to this department in OwenCounty.Mike Spencer
asked which Fire Department needs them.Jim said Freedom Fire Department, a volunteer Fire Department in OwenCounty.Mike then
asked if they were a structured organization with appropriations.Jim said he thinks they are but will
check.Mike wants to make sure this
organization is properly formed.It
would be easier for the Town to give them away if they are a governmental and
non profit corporation.Jim said he will
check but in the mean time could we possibly loan them the air packs for 20 or
30 days until we can resolve the issues because they are in a bind.William asked how long it would take to find
out all this information.Jim said a day
or two.William suggested the Council
act on this at the next meeting.Jim
went on to ask if he could loan them the air packs until we can finalize a
resolution declaring them surplus property.William and Mike said it was okay.
Frank Nierzwicki, Planning Services, gave the status on the EdgewoodVillage situation.A
certified letter was sent to the developer on December 6, 2005 stating that all violations, covenants, PUD and Town
Ordiannces must come into compliance by December 28, 2005.The duplexes
located on the north side of Mustang Drive are making progress.He has a prepaid bill for the grass seeding.The concrete drive has been installed on the
second set of duplexes.They are
actively working with a Management Group to ensure the age requirements.He has not seen any movement or improvement
with the situation on the south side of Mustang Drive.These are the
garden homes located on the south. A stop work order was issued January 4, 2006 on the south side development.Work has proceeded on January 7, 2006 in violation of the stop work order; the Town will
look into issuing a fine.He has a
meeting with the developer January 10, 2006 at William asked if there is a
date set for seeding the north side.Frank said when the weather permits and they are having someone do the
work.It was clarified the developer of
the south side is Mr. Voils.
Sandra Hash mentioned on January 18, 2006 she will be attending the IACT Legislative Session in
Indianapolis.She is on a
committee with IACT and there is a committee meeting that day.She will also attend a class on Hometown
Matters, which explores alternate methods of financing rather than property
tax.There will also be a class on the
Governors transportation plan.
the Parks and Recreation Board meeting that was held January 3.All five members were in attendance.They elected New Officers as follows:Brett Williamson is the new President; Ed Macatangay,
Vice President; and Amber Ragle, Secretary.They posted their calendar with the meetings on the first Monday of the
month unless there is a holiday then it would be the first Tuesday.
received a thank you card but it was actually for Jim Ragle and the Street Department.He read the card in its entirety.The card thanked the workers of the
Ellettsville Street Department for their excellent efforts to help clean up the
remnants of Katrina that visited Ellettsville in November.An old large pine tree that survived two
tornados finally fell to the Katrina storm.The Street Department hauled the limbs and cut the branches.They also managed to help remove three to
four large pieces too heavy for the writer and his grandson to remove.Please pass on a big thank you for a job well
done.The card was signed Dick Norris on
William Evans announced the Reserve Volunteer hours for November
165.55 and 248.75 for December.For the
year 2005 the total hours were 3834.85.This is highly commendable because they do not get paid.The Town appreciates it.
Privilege of the Floor – non Agenda
Russ Ryle sent Patrick Stoffers best
wishes that he feels better soon.He
also passed out some information that was sent to the paper.He wanted to discuss this tonight with the
full Council but with Patrick’s absence, he will table this until the next
meeting but he wanted the Council to be aware of what is being requested.He is very pleased and thankful with all the
effort of Frank and everyone else to get EdgewoodVillage resolved.He
then submitted some pictures of “Lake Mary Street”.January 2, 2006 there was severe weather, 3/10 of an inch of rain
fell. The pictures showed the flooding
with 3/10 of an inch of rain.He then
pointed out the standing water between his house and Mr. Fisher’s
property.The next photo showed the
water standing behind the garden homes that looked more like a pond.The last photo is looking east from his
property, two houses up; there is a puddle where there was no standing water
before.Apparently what has happened is
when the next garden home was put it, it has compromised the drainage.Ellettsville gets 3-5 inches of rain, at one
time, at least twice a year.His point;
what will the standing water look like then?William asked how long the water stood there before draining.Russ said two hours.He went on to say that he is not a lawyer or
an engineer but a country boy farmer and knows water does not run uphill.If you put an earthen dam over a valley, it
will hold water.There are already two
garden homes experiencing flooding.The
water is coming up on the porch and into the front door off of Mustang Drive.The standing
water is an indication the water is not flowing to the retention pond.William said that we are working on
on Mustang Drive, understood the trailer that has been parked on the
end of Mustang
Drive was to
be removed by December 27, 2005 from the notes he has.The bricks were supposed to be removed and
the fence starting to go up.
clarified for the record, the letter that went out December 6, 2005 talked
about the trailer parked on the grassy north east corner of the development and
debris on the east end of Mustang Drive.William questioned how long the trailer has been parked there.Russ stated the trailer held the plumbing
supplies when the project started in 1993.The deadline to move the trailer was December 28, 2005 and they are now in violation.They are also in violation of the fence and
Creech made a motion to adjourn the meeting.Phillip seconded.Motion carried.Meeting adjourned