November 28, 2005

 

 

The Ellettsville, Indiana, Town Council met in regular session on Monday, November 28,  2005, at the Fire Department Training and Conference Room.  Patrick Stoffers called the meeting to order at 7:30 p.m.  William Evans led in the Pledge of Allegiance and Lisa Creech led in prayer.

 

Roll Call:  Members present were Patrick Stoffers, President; William Evans, Vice President; Lisa Creech and Dennis Williamson.  Sandra Hash, Clerk-Treasure; Mike Spencer, Attorney; and Rick Coppock, Engineer were also present.  Phillip Rogers was still recovering from surgery.

 

Supervisors Present:   Jim Ragle, Jim Davis, Jay Humphrey, Mike Farmer and Frank Nierzwicki were present. 

 

Approval of the minutes

 

Lisa Creech made a motion to approve the minutes for the regular meeting on November 14, 2005.  William Evans seconded.  Motion carried.

 

Action to Pay Accounts Payable Vouchers

 

Lisa Creech made a motion to pay the Accounts Payable Vouchers.  William Evans seconded.  Motion carried.

 

Meeting Schedule for 2006

 

Sandra Hash submitted a proposed 2006 meeting schedule for the Town Council, Parks Board and Planning Commission to review.  Due to the Christmas holidays the last Council meeting in December will be on Wednesday the 27th. 

 

Ordinances on First Reading:

 

Salary Ordinance for 2006

 

Sandra explained this ordinance reflects a 2.5 percent raise for the majority of Town employees.  The longevity pay will be figured in when calculating over time, which is a change from last year.  In a recent class with a representative from the Department of Labor the longevity issue was discussed.  Town employees receive longevity every five years; Sandra considered it a reward for service or bonus not connected to work ability or pay, but since the amounts are outlined in the personal policy they are promised to the employee and are not discretionary.  Therefore the longevity must be considered when calculating overtime.  It could be calculated over a five year period or in the year the employee receives the longevity.   Patrick clarified this is the computation of the overtime rate being increased by the amount of longevity pay.  Sandra agreed and advised she would use the longevity to calculate overtime in the year it is awarded.  She will recalculate the rates for the employees who received longevity in 2005 and make the corrections before the end of the year.  Patrick added the on call pay is included in computation of over time rate.  The Chief Deputy Marshals hourly pay rate is wrong and will be corrected before the final reading.  She encouraged all the Supervisors to proofread the ordinance before the final reading.

 

Ordinances on Second Reading:

 

Ordinance 05-22 voluntary annexation of contiguous territory 5259, 5249 and 5325 Lakeview Drive also known as the Burrell and Bishop property

 

Frank Nierzwicki, Planning Department, explained this ordinance presented for the first reading.  He received a call regarding the addresses.  One of the addresses is wrong but the parcel numbers are correct.  He asked for a legal opinion because he does not know how this will affect the annexation issue.  The 5249 address in incorrect.  There are only two addresses with a number of parcels.  Mike Spencer clarified there are two correct addresses with one surplus.  He questioned if 5249 was an actual address.  Frank said he spoke with the owner of 5249 and they do not want to be annexed at this time but did ask for the procedures.  Mike Spencer suggested they table this ordinance.  Lisa Creech made a motion to table Ordinance 05-22 voluntary annexation of contiguous territory 5259, 5249 and 5325 Lakeview Drive also known as the Burrell and Bishop property until amended.  William Evans seconded.  Motion carried.

 

Ordinance 05-24 to establish a fund for the Ellettsville Fire Department for receipts from the Assistance to Firefighters Grant

 

Sandra explained the Fire Department has been awarded a Firefighters Assistance Grant through Homeland Security.  The grant is for all of Monroe County to purchase radios.  This ordinance will establish a fund to deposit this money and purchase the radios.

 

William Evans made a motion to accept Ordinance 05-24 to establish a fund for the Ellettsville Fire Department for receipts from the Assistance to Firefighters Grant.  Lisa Creech seconded.  Motion carried.

 

New Business

 

Prominence Point request release of Letter of Credit for Phase I

 

Frank Nierzwicki received a phone call from Bernie Guerrettaz requesting to table this until the next meeting.  They do not have their letter of credit.

 

William Evans made a motion to table the Prominence Point request release of Letter of Credit for Phase I.  Lisa Creech seconded.  Motion carried.

 

Request for Final Plat approval – Greenbrier Meadows Subdivision Phase One, Section One

 

Rick Coppock, Bynum Fanyo, requested to have the Final Plat approved for Greenbrier Meadows Section One, Phase One.  This portion comes off Ratliff Road and will eventually connect with the Deer Run coming off Tecumseh.  The water and sewer is in.  Everything is complete except the asphalt surface, street trees and sidewalks.  An irrevocable letter of credit has been provided to the Town for those items.  Sandra asked who has the bond.  Rick said Frank has it.

 

William Evans made a motion we approve the request for Final Plat approval of Greenbrier Meadows Subdivision Phase One, Section One. Dennis Williamson seconded.  Motion carried.  Lisa Creech abstained.

 

Request for Final Plat approval – Union Valley Farms Subdivision Section Five

 

Rick Coppock explained Section Five is a continuance of the previous four sections.  The developer’s bond did not come through due to the holidays so he is asking for a continuance until the next meeting.

 

William Evans made a motion to table the request for the Final Plat for Union Valley Farms Subdivision Section Five.  Dennis Williamson seconded.  Motion carried.

 

Supervisors’ comments

 

Jim Davis, Fire Department, had a discussion with the Clerk about the interpretation of PTO hours in the Personnel Policy.  He met with some of the firefighters and they discussed the interpretation.  The current wording is confusing, misleading and not written with the intent it was meant to be.  It needs to be rewritten with the correct intent.   A brief explanation of the problem is; a new hire employee starts and the current policy states they would get vacation time after 6 months and depending on their hire in date it could be as much as 18 months before they would get credit for PTO hours earned which was not the intent.  It should be after 12 months they would receive X number of PTO hours.  The other problem is it will affect almost 30 employees that will be reaching longevity time.  The policy reads you get credit January 1, which is fine for PTO hours, unless your anniversary date happens to be after January 1 of that given year.  If this is the case, the way it is written, you will not receive credit for it until next year, which was not the intent.  There is also a Management Rights Provision in the Policy that states if there is a discrepancy the Supervisors and members of the Council can sit down, work it out and bring a revised wording to the Council for a vote.   He is asking the Council to have a meeting and address this.  The Supervisors might have other issues of interpretation of the policy that need to be looked at.  This should be done annually.  Patrick requested getting something set up before the next Council meeting to bring clarity to this. 

 

Dennis Williamson mentioned the Ellettsville Main Street will be having their annual meeting November 30 at 5:00.  They will be having their annual election of Directors at 7:30 and report on business for the year.  There will also be a short planning session that will be open to the public. 

 

He received an Emergency Preparedness Guide from the Monroe County Citizens Crop.  He has several copies to hand out and will leave some for Jim Davis to hand out at the Fire Station.  A copy of this can also be picked up at the Monroe County Health Department. 

 

He would like to wish Phillip Rogers a get well soon.  The Council is beginning to miss him.  Patrick spoke with him earlier and Phillip had his third round of surgery.  Hopefully he will be at the next meeting. 

 

Lisa Creech asked Frank about the e-mail they received on Edgewood Village.  Frank has been working with Area 10 on aging and the Developers.  Before he speaks with the neighbors, he would like to have binding agreement.  He is making progress.  He spoke with Jewel and the issue on age appears to be working itself out.    He plans to have more information by the Thursday’s Plan Commission meeting.  Lisa requested Frank e-mail this information to her because she will be out of Town for two weeks.

 

William Evans asked Jay if the locks for the doors have come in.  Jay was not sure but will check with Ron. 

 

Privilege of the Floor – non Agenda Items

 

Gregory Scott Hudson wanted the complaint he filed answered on the agenda.  He considers this forced communication because he feels he should get an answer in writing from the Police Department about his allegations.  He doesn’t know what the law requires or what the rules are but he wants a legal document in writing answering his allegations.  He did have concerns about Phillip Rogers and asked about his condition.

 

Adjournment

 

Patrick Stoffers asked for any additional comment, seeing none, adjourned the meeting at 8:09 p.m.