October 28March 10, 2014

 

 

 

 

The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, March 10, 2014, at the Fire Department Training and Conference Room.  Scott Oldham called the meeting to order at 6:30 p.m.  Dianna Bastin led the Pledge of Allegiance followed with a prayer by Sandra HashPhillip Smithyra..

 

Roll Call:  Members present were Scott Oldham – President; David Drake, Vice President; Dianna Bastin, Dan Swafford and Scott Thomas.   Sandra Hash, Clerk-Treasurer, andDarla Brown, Town Attorney, were also present. 

 

Supervisors present were:  Mike Cornman, Tony Bowlen, Connie Griffin and Mike Farmerand Jim Ragle, Tony Bowlen, Connie Griffin, Mike Farmer and Jeff Farmer.

 

Approval of Minutes

 

  Scott Oldham entertained a motion for approval of the minutes forthe  regular meeting on February 24, 2014. Dan Swafford so moved.  David Drake seconded.  Motion carried.

 

Accounts Payable Vouchers

   

Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers.  David Drake so moved.  Dianna Bastin seconded.  Motion carried.

 

Proclamation to Declare March 2014 as “Disability Awareness Month

 

Sandra Hash, Clerk-Treasurer, read the Proclamation to declare March 2014 as “Disability Awareness Month” as follows:

 

TOWN OF ELLETTSVILLE PROCLAMATION

 

TO ALL OF WHOM THESE PRESENT MAY COME, GREETINGS:

 

WHEREAS, the month of March, 2014, has been designated as “Disability Awareness Month” to celebrate and recognize people with disabilities by the Governor of the State of Indiana; and

 

WHEREAS, disability is a natural part of the human experience and in no way diminishes the rights of individuals with disabilities to live independently, enjoy self-determination, make choices, contribute to society and experience full in the economic, political, social, cultural and educational mainstream of American society; and

 

WHEREAS, family members, friends and members of the community can play a central role in enhancing the lives of people with disabilities especially when the family and community are provided with necessary support services; and public and private employers are aware of the capabilities of people with disabilities to be engaged in competitive work in inclusive settings; and

 

WHEREAS, the goals of this town and state properly include providing individuals with disabilities the opportunities and support to make informed choices and decisions; live in homes and communities where such individuals can exercise their full rights and responsibilities as citizens; pursue meaningful and productive lives; contribute to their family, community State and Nation; have interdependent friendships and relationships with others; and achieve full inclusion in society.

 

NOW, THEREFORE, the Town Council of Ellettsville, does hereby proclaim the month of March, 2014, as

DISABILITY AWARENESS MONTH

 

In the Town of Ellettsville, and call upon citizens of Ellettsville to observe the month with appropriate programs and activities, furthermore, the citizens of Ellettsville are encouraged to seek counsel and input from any person or group with knowledge and expertise in matters concerning disabilities.

 

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed, the great seal of the Town of Ellettsville, at the Town Council Chambers on this 11th day of March, 2014.

 

Resolutions

 

Resolution 03-2014 Adopting the 2010 Americans with Disabilities Act Standards for Accessible Design and Proposed Public Right-of-Ways Accessibility Guidelines

 

Sandra Hash, Clerk-Treasurer, explained this was brought forth by the ADA Coordinator.  Mr. Oldham further explained this Resolution is passed every year and concerns compliance and accessibility standards.  Ms. Hash read the Resolution as follows:

 

RESOLUTION 03-2014

A RESOLUTION OF THE TOWN COUNCIL

FOR THE TOWN OF ELLETTSVILLE, INDIANA,

ADOPTING THE 2010 AMERICANS WITH DISABILITIES ACT

STANDARDS FOR ACCESSIBLE DESIGN AND PROPOSED

PUBLIC RIGHTS-OF-WAY ACCESSIBILITY GUIDELINES

 

          WHEREAS, the federal government enacted the Americans with Disabilities Act of 1990 (“ADA) to prevent discrimination of the physically and mentally disabled relating to employment and access to public facilities; and

 

          WHEREAS, Title II of the ADA requires that municipalities adopt the 2010 Standards for Accessible Design which sets the minimum requirements for newly designed and constructed or altered State and local government facilities; and

 

          WHEREAS, the Federal Highway Administration recommends adoption of the proposed Public Rights of Way Accessibility Guidelines (“PROWAG”).  Although not an enforceable standard, the Federal Highway Administration considers PROWAG to be the best recommended practices for pedestrian design for public rights-of-way which will become the standard when formally adopted; and

 

          WHEREAS, the Town of Ellettsville, Indiana, remains committed to the ADA and the elimination of barriers to public facilities; and

 

          NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Ellettsville, Indiana, hereby adopts the 2010 Americans with Disabilities (“ADA”) Standards for Accessible Design and Public Rights-of-Way Accessibility Guidelines as proposed.

 

          PASSED, APPROVED AND ADOPTED this 10th day of March, 2014.

 

Scott Oldham entertained a motion to adopt Resolution 03-2014.  David Drake made a motion to adopt Resolution 03-2014.  Dan Swafford seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 5-0.

 

Resolution 04-2014 to Adopt a Written Fiscal Plan for the Abbitt Annexation

 

Darla Brown, Town Attorney, recommended this be tabled until the next Town Council meeting on March 24, 2014.  The Plan Commission heard this matter on March 6, 2014, and by statute the Town Council cannot adopt the ordinance earlier than 14 days after the Plan Commission has considered the proposal.  The earliest the Town Council can hear this is at its next meeting which will be the second reading.  By tabling it, the Town will not have to incur additional publication costs and publish the meeting again.

 

Scott Oldham entertained a motion to table Ordinance 04-2014.  David Drake made a motion to table Resolution 04-2014.  Dan Swafford seconded.  Roll call vote:  Scot Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 5-0.

 

Ordinances on First Reading

 

Ordinance 2014-03 Abbitt Annexation

 

Darla Brown, Town Attorney, recommended tabling this as well.  When it was published in the paper it was published to be heard at this meeting.  It needs to be formally tabled until the next meeting.

 

Scott Oldham entertained a motion to table Ordinance 2014-03.  David Drake made a motion to table Ordinance 2014-03.  Scott Thomas seconded.  Roll call vote:  Scot Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 5-0.

 

Ordinances on Second Reading

 

Ordinance 2014-02 to Establish the Position of Town Manager

 

Darla Brown, Town Attorney, explained this is the second reading of this ordinance.  She incorporated the Town Council’s wishes with regard to amending it. 

 

David Drake asked if this ordinance requires them to hire a town manager or does it provide what the duties will be if they decide to hire one.  They have not discussed how they will pay for the position.  Ms. Brown replied the ordinance states the “position of the Town Manager is hereby established.” 

 

Dan Swafford asked if they will approve the ordinance when a job description hasn’t been prepared.  Mr. Oldham asked if they want to table this until after the job description has been completed.  Mr. Swafford agreed. 

 

Scott Oldham entertained a motion to table Ordinance 2014-02 to establish the position of Town Manager.  Dan Swafford made a motion to table Ordinance 2014-02 to establish the position of Town Manager.  Scott Thomas seconded.  Roll call vote:  Scot Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 5-0.

 

Ordinance 2013-18 to Amend Chapter 96 of the Ellettsville Town Code Concerning Animals

 

Darla Brown, Town Attorney, explained this is a proposed amendment to the Town Zoning Code that was considered by the Plan Commission at its meeting on March 6, 2014.  This comes to the Town Council with a favorable recommendation on a 7-0 vote.  There are some differences between this ordinance and the version previously reviewed by the Town Council.  A definition of accessory structure (or a pertinent structure) was added.  Rabbits were moved from domestic livestock to domestic pet.  §96.02(A) is a new section that states the Town of Ellettsville is incorporating by reference into this code the Monroe County animal management laws.  Section (B) is as follows:  (1) It shall be unlawful for any person to keep, harbor, or allow about the premises of any such exotic animals within the corporate limits of the Town. (2)  It shall be unlawful for any person to keep, harbor, or allow about the premises of any such person any domestic livestock except within those areas designated as Agricultural 1 or Agricultural 2 and as permitted by Chapter 152, or as set forth below.  (3) It shall be unlawful for any person to keep, harbor, allow, or have on or about the premises of any such person a hog, pig or swine within the corporate limits of the Town. (4)(A) Hens only shall be allowed.  No roosters shall be allowed.  No other fowl shall be allowed.

 

Section 96.02(B) has been revised.  The Plan Commission thought it would be helpful to require a stationary coop as opposed to a movable coop.  They also thought it would be helpful to specify the type of fencing to go around the coop, run or outside yard.  The Plan Commission approved language requiring chain link fencing or woven wire fencing with a minimum of 12.5 gauge or heavier.  The requirements under Section B are slightly different.  Numbers 1, 2, 3 and 4 are the same.  Number 5 is different.  The original ordinance stated that the maximum chick coop size was to be 100 square feet.  The Plan Commission thought it would be helpful to specify a minimum square footage so it’s 12 square feet per hen with a maximum combined size for coop and run not to exceed 20 square feet per hen.  The maximum height of the coop shall be no more than seven feet high.  Also, the Plan Commission thought it would be helpful to add language requiring buffering of either a fence or shrub screening at least four feet high.  The remainder of the section is no different.  In Section 2 the penalties are a little different.  In the previous ordinance, there was no language stating who would enforce the ordinance.  The Plan Commission recommended the Planning Director or her designee and Monroe County Animal Control enforce the code.  Also, the Plan Commission recommended residents who currently have chickens will have 60 days from the passage of this ordinance to bring the coops, runs or enclosures into compliance and one year to bring their flock numbers into compliance.  This comes with a favorable recommendation from the Plan Commission.

 

Dianna Bastin is disappointed.  Chicken coops that can be bought are movable.  Her nephew, who lives in Greene County, has one and uses it for fertilization.  She is disappointed that the Plan Commission wants it to be stationary and they come prebuilt.  What if the gauge of the wire isn’t 12.5?  Now, people can’t go buy a prebuilt chicken coop and put their five hens in it.  If animal control is to be in charge then they should be.  She thinks they will get into trouble if there are two people in charge. 

 

Dan Swafford thinks one of the reasons the Plan Commission decided to go with the stationary coop as opposed to the movable is because the grass tends to die wherever it is located.  They didn’t want to move it around and have a yard that is completely grass free and cause erosion problems.  The nitrates in chicken waste will fertilize it and burn it up.  They chose the gauge of wire and the typical gauge wire was 12.5.  If they go with chicken wire it seems to collapse and chickens can get through it and escape.  All the pens sold at Tractor Supply and Orscheln were made with 12.5 gauge.

 

Scott Oldham asked if it is meant to be anywhere within the back yard if it is fenced or does it have to be around just the coop.  Ms. Brown replied if the entire back yard is fenced and the neighbors can’t see in then they are covered.  The point was to keep the neighbors on the side yard from seeing in the yard.  Ms. Bastin asked why they don’t want to be able to see chickens.  Mr. Swafford thinks some neighbors may or may not like chickens.  Mr. Oldham thinks it’s good to have it in the code.  There are a lot of coyotes on the south side of Town.  Ms. Bastin thinks it’s expensive to have to put in shrubs.

 

Scott Thomas asked the Town Council’s thoughts on honey bees at the meeting on February 24, 2014.  Does this need to be addressed?  If it’s not listed does that mean it’s unacceptable?  Ms. Brown researched this with other communities.  One community specifically prohibited bees in an ordinance.  The bees will not be prohibited by this ordinance.

 

Dianna Bastin asked if the exotic animals within the corporate limits include any gathering or festival that would invite any person who owns or works with exotic pets.  Ms. Brown replied no.  Harboring means the action of any person who permits any animal to habitually remain lodged or be fed within his home, enclosure, yard, place of business or premises where he resides or controls.  The animal is presumed to be harbored if it is fed or sheltered for three consecutive days.  The intent of the ordinance is to prevent people from keeping monkeys and things of that nature.

 

Scott Oldham said the ordinance states “reptile as defined herein” but doesn’t see it in the ordinance.   Ms. Brown will delete “as defined herein”.  Mr. Swafford commented at the Plan Commission they decided to have a base because they couldn’t cover everything.  As problems arise in the future they will address it.  Mr. Oldham doesn’t think it can be covered later because the person would already be in possession of the reptile.  After a discussion, it was decided to change it to non-venomous reptiles. 

 

Dianna Bastin asked if animal control is okay with this.  Ms. Brown had a conversation with one of the county attorneys.  They said if the Ellettsville ordinance is not too radically different from Monroe County’s ordinance there will not be issues with Monroe County enforcing the Town’s ordinance.  The Plan Commission discussed not calling animal control every time there is a person who has 12 chickens.  If they have too many chickens and they are otherwise well cared for and they can find out who the owner is, her suggestion is for the Planning Director to write a citation for having too many chickens.  She would only call animal control if the chickens don’t look healthy, are strays and the owner can’t be located.  Ms. Bastin added people call animal control on their own.  Ms. Brown explained that is why the Plan Commission wanted the coop enclosed on all sides was to help prevent having a lot of issues with chickens running loose.  Mr. Drake suggested telling animal control not to come if they get a call about chickens running loose because the Town will enforce it. 

 

Russ Ryle realized they talked at the Plan Commission and at this meeting about exotic animals.  He never heard a definition of exotic animals.  How will they define exotic animals and will it help out with the reptile discussion?  Ms. Brown replied an exotic animal is an animal belonging to a species, not including those specifically listed as a domestic livestock, not native to the United States, or an animal that is a hybrid or a cross between a domestic pet or livestock and an animal.  Mr. Ryle said the point is rattlesnakes are native to Indiana so it could be kept as a pet.  Mr. Drake noted that could be a violation of state law.  Mr. Oldham explained in Indiana, you could get a permit to possess a cougar.  There is nothing in this ordinance prohibiting anyone from having a cougar.  Mr. Ryle stated this needs to be a general ordinance that covers the flavor of what they want to do.  Ms. Brown stated the purpose of providing the language about exotic animals was to prevent issues that have occurred in a facility in another county. 

 

Connie Griffin, Director of Planning, doesn’t have the ability to store or catch chickens running around.  They need to consider this and what they would want her to do with them.  Ms. Bastin thinks animal control has experience and the knowledge with agricultural animals.  Mr. Drake clarified he thinks the Town should be the one to call animal control.  Ms. Bastin asked animal control and they use the same carriers for chickens that they use for dogs.

 

Darla Brown proposed adding a definition for a wild animal which would cover animals that aren’t domestic livestock, domestic pet or an exotic animal.  Mr. Oldham suggested adding it under the definition for exotic animal.  Mr. Drake asked if this can be amended if it’s not a zoning ordinance.  Ms. Brown replied if they make significant changes it has to go back to the Plan Commission.   It is a zoning ordinance even though it is under §96.  Mr. Oldham reiterated he wanted to add wild animals to the definition.  Ms. Brown will add the following to the definition for exotic animal, “Also includes wild animals which means any animal not a domestic animal.  For reptile under domestic pets she will add non-venomous.

 

Elizabeth Dorman asked if prohibiting wild animals will negatively affect the bees.  Mr. Oldham replied they still haven’t gotten to the point classifying bees as animals or insects.  Ms. Dorman doesn’t want bees cut out without there being any research.  Ms. Bastin said there’s not a bee ordinance and if people have bees there’s not a law against it.  Mr. Oldham said Ms. Dorman brings up a valid point and perhaps they need to revisit it later after they do some research. 

 

Scott Oldham entertained a motion to approve Ordinance 2013-18 as amended.  Dan Swafford made a motion to approve Ordinance 2013-18 as amended.  David Drake seconded.  Roll call vote:  Scot Oldham – yes; David Drake – yes; Dianna Bastin – no; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 4-1.

 

Old Business

 

Job Description for Town Manager

 

David Drake noted item 2 on the first page states “ . . . recommends items she considers advisable.  All of the other items say he. Ms. Brown replied she tried to use them interchangeably to avoid having to say “he or she” every time.  She had prepared the draft of the job description based on an example Scott Oldham had provided.  She incorporated comments from the Town Council.

 

Sandra Hash asked what the advantage is to having the Town Manager set the Town Council Agenda.  What problems are they seeing now that they feel could be done better?  She doesn’t set the agenda, she puts the items on the agenda she is told to do and makes certain it is sent out.  Mr. Oldham replied they were contemplating the Town Manager coordinating who is bringing what to make it more fluid and polished before it gets put on the agenda.  There are a lot of things that come to them in partial format.  The person may work with her and the supervisors to make the agenda.  Mr. Swafford added Council members set the agenda.  Ms. Hash stated the items on the agenda are those things that Town Council wants to work on, comes out of the Planning Department or a supervisor may send an email to put something on it.  The Planning Department puts a lot of things on the agenda.  Mr. Oldham reiterated it’s to make certain what comes before the Council is ready for action as opposed to items that are not complete.  Ms. Bastin added there have been a couple of times when things have been requested to be put on the agenda at the last minute and are handed the information at the meeting.  She envisions the Town Manager making sure if something is put on the agenda they have the information in enough time to review it before the meeting.  Mr. Oldham stated there have been times when someone wants something on the agenda but would have to go to the Town Engineer or Planning before the Town Council.  The Town Manager can take the appropriate action before something is put on the agenda. 

 

Dianna Bastin has never been in the Clerk-Treasurer’s office when she’s told someone no they couldn’t get on the agenda.  Ms. Hash explained there have been times when she tells a citizen they will have time to speak under privilege of the floor rather than being listed on the agenda.  Mr. Oldham added there have been times when there have been an overwhelming number of things on the agenda, both critical and non-critical which could be heard at a later meeting.  The Town Manager will filter the items to go on the agenda.  Mr. Swafford understands Ms. Hash’s point on these issues.  Administrative things such as Planning will have to go on the agenda.  Will they have to contact the Town Manager to put it on the agenda?  Mr. Oldham replied yes.  Mr. Swafford asked what if the Town Manager doesn’t find it relevant but has to be approved that night.  Mr. Oldham answered that’s when the Town Manager and Ms. Hash should be working together to know what has or doesn’t have to happen.  This person will manage the flow of information from the employees, Planning and Parks and melding it together to present and end product to Council for action rather than pushing it back and forth.  Mr. Swafford understands what he is trying to accomplish but there are administrative things that need to be put on the agenda and the Clerk-Treasurer or the Plan Commission should have the right to do so.  Will the Town Manager put the packets together?  Mr. Oldham thinks it should fall under the Town Manager’s duties so the Town Council has what it needs to make a decision.  This is to streamline the contact the public has to have with the Town.  Ms. Bastin added if she checks emails after 4:00 p.m. on a Friday and I see something that’s an explanation of what someone wants and she puts it on the agenda.  She doesn’t call the people involved because it is their time off. 

 

David Drake suggesting using prepare or publish rather than “set” the agenda. Anybody should be able to go to the Clerk-Treasurer or Town Manager and say that would like to put something on the agenda.  Mr. Drake suggested changing it to “The Town Manager shall prepare the agenda and provide it to the Clerk-Treasurer for publication.”  All agreed.

 

Scott Thomas questioned if the 20 to 35 hours a week is compliant with the Affordable Health Care Act as it pertains to full time employees.  Are they forcing themselves into an additional cost of having to provide healthcare for a part-time employee?  Should it be 20 to 30 hours a week and what are they going to do to make certain they don’t go over those hours?  Mr. Oldham agreed with reducing it to 20 to 30 hours.  Mr. Thomas continued.  Item 6 states “Shall work with the Town Attorney in enforcing the Town’s ordinances and litigating ordinance violations?”  Is this instead of Planning and if so do they need to change the wording of the department to relieve them of that responsibility or is it still their responsibility?  Mr. Oldham replied it is still their responsibility for those things that fall within the Planning jurisdiction.  There are a lot of times it comes before the Council and Ms. Brown needs instructions on how to proceed such as sending letters, filing suit or whatever needs done.  He envisions the Town Manager would make or help make those determinations.  Ms. Brown added that was her intent.  She didn’t intend for the Town Manager to become the Code Enforcement Officer.  Number 8 states, “Shall serve as the Town’s grievance officer . . .”  He understands this is something his predecessor did.  Mr. Oldham noted this could go either way but this was the consensus of everyone.

 

Dan Swafford thinks the Town Grievance Officer should stay with the Town Council.  Mr. Oldham explained if they have a grievance officer who would investigate then the Town Council would hear the results.  Would they be tainting one of the Town Council members if they did the investigation while the others are to decide the outcome?  Would it not be better to have someone disassociated with the Town Council doing the investigation and providing the results to the Town Council?  Mr. Swafford asked for clarification of the grievance officer’s duties when an employee has a complaint.  If they have a complaint do they go to the supervisor?  If the complaint is on the supervisor do they go to the grievance officer?  Then does this add an extra step if the grievance officer is the Town Manager?  Ms. Brown replied if the Town Manager serves as the grievance officer then they will take the complaint, gather the evidence and present it to the Town Council as a unified body to determine the nature of the grievance.  Mr. Oldham said the employees can also go to the grievance officer if they don’t like the outcome of the supervisor’s decision.  Ms. Brown said the grievance officer is also intended to take complaints from Town residents.  Mr. Swafford asked if a resident calls a Town Council member are they supposed to send them to the Town Manager.  Ms. Brown replied under the ordinance it would be perfectly acceptable to say they’ve appointed someone to hear their grievance and give them the Town Manager’s contact information.  Then Town Council members can always follow-up.  Mr. Swafford asked if it will be the Town Manager’s position to inform them on everything going on with grievances.  Ms. Brown advised this is something the Town Council will have to decide when instructing the Town Manager.  A few meetings prior, she heard the Town Council say they wanted to give this position some latitude without giving the Town Manager the ability to make policy for the Town.  It will have to be approached on a case by case basis.  They will have to trust the Town Manager with what needs to be disclosed right away.  Mr. Oldham doesn’t think anything under number 8 was intended to preclude anyone’s ability as a council member to ask questions of anyone within the Town.  He never envisioned this as receiving grievances from outside the Town offices.  Ms. Hash commented it may be nice to have someone who can investigate complaints if council members can’t get to them right away.  Mr. Drake thinks there are two separate issues under number 8.  Ms. Brown noted the Town Council may not know of every complaint that is made.  Mr. Drake stated he would rather have the Town Manager resolve it then to bring it to the Town Council.  Mr. Thomas suggested when the Town Manager receives a complaint or a grievance they investigate and email the Town Council.  After a discussion it was decided to remove the following from number 8 and make it a separate paragraph, “Shall acknowledge and investigate complaints from Town residents and make recommendations to the Supervisors and Town Council for resolving the complaints.

 

Scott Thomas asked about adding a number 14 for updating the Town website.  It presents a more professional appearance and the Town wants to invite more people to visit.  If this is going to be a professional who represents the Town shouldn’t they have the responsibility to update the website?  Mr. Swafford suggesting hiring a Town Manager with an IT background to manage the website or work on the Town’s IT problems.  Mr. Oldham disagrees and thinks the person should be an expert in management.  They’re to manage the Town and to make sure they’re looking at the big picture.  Part of that big picture is managing the website.  Mr. Swafford disagree and thinks with most jobs you have to have IT experience. 

 

Darla Brown summarized the following amendments to the position description:  ¶1:  This is a part-time position that has been amended to 20-30 hours per week.  Specific Duties, ¶2, sentence 2:  Shall prepare the agenda for the Town Council meetings and give the agenda to the Town Clerk for posting.  ¶8:  Will be split into two paragraphs.  “Shall serve as the Town’s grievance office.”  ¶9:  “Shall acknowledge and investigate complaints from Town residents.”  The remainder of the paragraphs will be renumbered.  ¶15:  “Shall be responsible for managing the Town’s website.”

 

Russ Ryle is wondering if they’re confusing the public.  They’ve talked about a grievance, complaints and one other thing.  He doesn’t know if the public knows the difference between the three.  All they know is they’re unhappy and they want to call somebody.  Now, they’re dumping all of this on a part-time person whose going to be in the office a few hours, four or five days a week.  They’ve got a problem.  If they start reading over what this Town needs, back off and look at the amount of man hours per year to carry out each of these functions it would be reasonable to handle these functions for the Town.  There is no way this can be done in 25 hours a week.  Do you want someone who is a jack of all trades and an expert on all of those things?  He can write a website with various kinds of software and put it on the web and within two days it will be hacked to pieces.  It is more than running a website.  There has to be server administrators who do a lot of background work you never see.  There is a street layout on the Planning Department website that isn’t even Ellettsville and is a stock picture.  He also found four web pages that haven’t been updated since March and November of last year.  The web operation takes technical expertise that doesn’t come cheap.  They’re not going to get what they want unless they give the Town Manager the budget to go out and hire a firm.  Sandra Hash could administer the website if the Town would let her hire someone to do the website.  They have an issue of what do they do if they get a zoning complaint.  If they’re told to call the Town Manager, they will send them to all of these other places and then come back to Town Manager and then back to Town Council.  This won’t do anything but muddy the waters.  It’s the nature of the beast, people have to talk to people, face to face.  As Town Council members they will get the 3:00 a.m. calls and telling someone they need to call the Town Manager while they’re in the office isn’t going to cut it.  He understands why they’re looking at the Town Manager.  It is growing and needs more administrative capability.  The era of Ma and Pa Kettle running a Town two or three nights a month is over.  They will be spending money and time.  The real trick, even if they get a description they like, is going to be finding a qualified, motivated person with the skills for what they entail.  If he had all of the skills they’re wanting for 25 hours a week he could earn a minimum salary of $120,000.  They have more issues then trying to put together 15 paragraphs.

 

Dan Swafford made a motion to table this until the next agenda.  David Drake seconded.  Roll call vote:  Scott Oldham – no; David Drake – yes; Dianna Bastin – no; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 3-2.

 

New Business

 

Equitable Sharing Agreement and Certification – Police Department

 

Dianna Bastin recused herself from participating due to her work outside of the Town Council.

 

Town Marshal Tony Bowlen presented the annual Equitable Sharing Agreement and Certification.   If they have seizures of property it allows them to get part of that value if they’re forfeited.  Mr. Swafford asked where they go now.  Marshal Bowlen replied this is if they have something to be filed through the Federal Bureau of Investigation, Drug Enforcement Agency, Alcohol Tobacco and Firearms or any other federal agency.  This allows the Town to have a share of any assets that might be seized as a result of a police action.  The agreement is done every year.

 

Scott Oldham entertained a motion to approve the Equitable Sharing Agreement and Certification.  David Drake made a motion to approve the Equitable Sharing Agreement and Certification.  Scott Thomas seconded.  Motion seconded by David Drake.  Roll call vote:  Scot Oldham – yes; David Drake – yes; Dianna Bastin – abstained; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 4-0 with one abstention.

 

Replacing Deputy Fire Chief’s Car

 

Fire Chief Mike Cornman requested to purchase a Dodge four-wheel drive white pickup truck for the Deputy Fire Chief totaling $25,326.25.  The price is from the Indiana State Quantity Purchasing Agreement QAPA state bidding process.  They tried to find ana Sports Utility Vehicle “SUV style vehicle but the truck was the second cheapest vehicle in the state process.  He is requesting it be financed through Peoples State Bank at 2.5% over three years.  He will use the money budgeted in the Cumulative Building Equipment Fund to purchase the vehicle.  If they have the opportunity he intends to pay off the vehicle early.  Ms. Hash noted they received a reimbursement of $2,536.21 from the insurance company on this date.  Chief Cornman advised they will use the insurance money for repairs of other vehicles.

 

Dianna Bastin thinks the purchase of a pickup truck is a good idea.  It will be very versatile.  Chief Cornman noted the Deputy Fire Chief does a lot of operational day-to-day activities. 

 

Scott Oldham entertained a motion to approve replacing the Deputy Fire Chief’s car with a Dodge truck.  Dianna Bastin made a motion to approve replacing the Deputy Fire Chief’s car with a Dodge truck.  David Drake seconded.  Roll call vote:  Scot Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 5-0.

 

Pioneer Days at Memorial Park, May 15, 2014 – Dianna Johnson

 

Dianna Johnson, retired teacher from Richland Bean-Blossom Community School Corporation (“RBBCSC”), represents the second grade teacher at RBBCSC.  They have had Pioneer Days for four years.  Several years ago Monroe County decided to close the Honey Creek one room school house which was in their second grade curriculum.  At that point, they still wanted to recreate a one room school experience for the children in downtown Ellettsville.  They use facilities downtown such as the Masonic Lodge and Baptist and Methodist Churches.  They enjoy the log cabin on Vine Street.  Dana Kerr lets them use his back yard to gather and eat lunch.  She is requesting that Vine Street to Matthews Street to Sale Street and the alleyways be closed in front of the log cabin and the alley that runs along Dana Kerr’s law office on Thursday, May 15, 2014, from 8:00 a.m. until 3:00 p.m.

 

Scott Oldham entertained a motion that on May 15, 2014, from 8:00 a.m. to 3:00 p.m. they close Vine Street from Sale to Matthews and the alleyways that connect for Pioneer Days.  Dianna Bastin made a motion that on May 15, 2014, from 8:00 a.m. to 3:00 p.m. they close Vine Street from Sale to Matthews and the alleyways that connect for Pioneer Days.  Dan Swafford seconded.  Roll call vote:  Scot Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 5-0.

 

Council Comments

 

Scott Thomas secured two appraisals and has copies available.  One appraisal was $75,000 and the other was $82,000.  Mr. Oldham added the Town received a counter-proposal that has been accepted contingent on Town Council approval and appraisals.

 

The meeting was adjourned.

The meeting was called to order.

 

Scott Oldham explained they took a break to work out some numbers.  This is for the purchase of the pasture land at State Road 46 and Hartstraight Road.  By law the Town cannot pay more than the average of two estimates which is $78,500.  Ms. Brown explained the Town Council can authorize him to make a counter offer at $78,500 and if it is accepted she will draft the ordinance. 

 

Scott Oldham made a motion that the Town Council authorize the purchase of the property for $78,500.  David Drake seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 5-0.

 

 

Scott Oldham explained the Army Corps of Engineers hopes to be in Ellettsville within the next two weeks.  The Department of Natural Resources (“DNR”) permits are in the process for the Town to get into Jack’s Defeat Creek and Turtleback Creek to remove sediment, rocks, tree limb and other debris.  The Town is hoping the land purchase will help slow down the flow of water and give it a place to back up before it reaches the center of Town proper.  The Town will have to figure out how it’s going to do that as far as depth, width and whatever else and get the proper permits. 

 

Supervisors Comments

 

Town Marshal Tony Bowlen has provided three bids for the purchase of a Dodge Charger.  The lowest bid was Fletcher Dodge at $25,030.  He is requesting approval to purchase it so they can phase out a 2003 Ford Crown Victoria.  Mr. Swafford asked if this is the last Crown Vic.  Marshal Bowlen replied they still have a 2005.  Ms. Bastin asked if the body style was the same as the last new car.  Marshal Brown answered yes, but they have had some technical updates and changes to the interior.  

 

Scott Oldham entertained a motion to approve the purchase of the 2014 Dodge Charger.  Scott Thomas made a motion to approve the purchase of the 2014 Dodge Charger.  David Drake seconded.  Roll call vote:  Scot Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 5-0.

 

Fire Chief Mike Cornman explained pursuant to the Town Code, they have to get permission to use the Town facilities for elections.  The Election Board has requested permission to use the Fire Station on Monday, May 5, 2014, and Tuesday, May 6, 2014, for Richland I and II Township precincts.

 

Scott Oldham entertained a motion to approve the use of the meeting room at the Fire Station for the election on Monday, May 5th, and Tuesday, May 6th.  Dianna Bastin made a motion to approve the use of the meeting room at the Fire Station for the election on Monday, May 5th, and Tuesday, May 6th.  Dan Swafford seconded.  Roll call vote:  Scot Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 5-0.

 

Fire Chief Mike Cornman provided copies of a draft of a mass gathering ordinance.  In September 2013, he was asked to work on a mass gathering ordinance for the Town of Ellettsville.  This was taken from ordinances of communities similar to Ellettsville.  As the Town grows and becomes more attractive for mass gathering events, it is important to give it the right direction.

 

Scott Oldham is one of the people who asked Chief Cornman to work on this.  Some of the gatherings that have been in or proposed to the Town have a substantial public safety price tag attached to them.  The Town realizes little revenue from some of these gatherings.  There were a couple of things proposed to the Town that would have stretched public safety to the breaking point.  This is one of the reasons behind the ordinance.  Chief Cornman noted the B structure in the ordinance is similar to those across the country and the Town would not make any money.  The cost is what it takes to cover it. 

 

Privilege of the Floor

 

Carl Thurman, downtown business owner, likes what he is hearing about the DNR coming to dredge the creek.  Are there any additional counter measures to control the flood down stream of downtown in order to release the water as fast as it comes in?  If it is choked at the beginning are they going to look at getting it out of Town just as quick?  Mr. Oldham replied right now, everything is on the table.  They’re looking at a variety of different things.  At a certain point, they no longer have control of the creek or its tributaries.  They will be looking at other governmental bodies for action.  There have been a couple of things suggested which will be based on the findings of the Army Corps of Engineers.  Mr. Thurman would like to see downtown reoccupied as a viable community.

 

Mike Cassady wanted to know if anyone has looked at the drainage ditch west of Town Hall.  Mr. Oldham replied that falls under the other tributaries. 

 

Russ Ryle noticed a change of procedure.  It has been the policy of the board for the last two years not to respond to privilege of the floor in an open conversation as they just did.  Therefore, does this mean that anyone under privilege of the floor in the future can expect their attention or are they still going to selectively ignore people they don’t want to talk to?

 

Scott Oldham doesn’t think anyone has been selectively ignored. 

 

Adjournment  

hamDavid Drake entertained a motion to adjourn.  Dianna Bastin made a motion to adjourn.  Dan Swafford seconded.  Motion carried.  David Drake adjourned the meeting at 8:23 p.m.