October 11, 2005

 

 

The Ellettsville, Indiana, Town Council met in regular session on Tuesday, October 11,  2005, at the Fire Department Training and Conference Room.  Patrick Stoffers called the meeting to order at 7:30 p.m.  Lisa Creech led in prayer and William Evans led in the Pledge of Allegiance.

 

Roll Call:  Members present were Patrick Stoffers, President; William Evans, Vice President; Lisa Creech, Phillip Rogers and Dennis Williamson.  Sandra Hash, Clerk-Treasurer and Mike Spencer, Attorney were also present. 

 

Supervisors Present:   Jim Ragle, Jim Davis, Ron McGlocklin, Jeff Farmer, Mike Farmer, Rick Coppock and Frank Nierzwicki were present. 

 

Approval of the minutes

 

Lisa Creech made a motion to approve the minutes for the regular meeting on September 26, 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.

 

Resolutions

 

Resolution 11-05 Establishing Reverse Auction Procedures

 

Sandra Hash explained “Reverse Auction Purchasing” is a new, state-approved way for local government to purchase products that will save taxpayer dollars through competitive bidding.  This new procurement tool offers real-time competition for municipal business by linking web-based technology to the traditional bidding process.  The Reverse Auction Purchasing allows vendors we select to compete for our business through a competitive environment.  IACT brought the program to Indiana in 2004 as a service to local officials.  Reverse Auction Purchasing has helped local governments in Indiana save an average of 10% on products.  The Town needs a new dump truck and snow plow.  The specs are included in the packet.  The Reverse Auction is the same as a sealed bid auction with the added opportunity for bidders to lower their bid.  IACT has partnered with Iasta, an Indiana based company specializing in online bidding, to provide the technical component of reverse auction purchasing in Indiana.  There is no direct charge to municipalities for the service.  The suppliers pay a 2 1/2 % fee of the total bid price.  This resolution outlines the Reverse Auction procedures using Iasta.  It also explains the Transmission of Notices, Solicitations and Specifications.  She would like to strike on page 2 from the resolution B1b posting the invitation to bid on the Town’s website.  Iasta will post the information on their website and we will publish it twice in the local newspaper.  The bidders are prequalified and will submit their specifications for us to review without the price.  If the specifications meet our specifications, then they will be invited to bid. Iasta will help us put the bid package together, all the descriptions, the needed materials and they will set up the timeline.  The actual reverse bidding will take about 30 minutes online.  A document is prepared with all the information about the bids.  Then we will choose the one that meets our specifications and criteria with the lower price.  There is the 30 minute window where the actual bid prices are listed.  Brownstown used this procedure and saved about $4,000.  Patrick asked if all the bids would be shown or just the lowest.  Sandra thinks all the bids will be shown.  Lisa asked if Jeana updated the web page.  Sandra replied John Fleck helped her and the Chamber update the web page.  This Resolution is giving permission to establish the Reverse Auction procedures.  Dennis verified striking B1b and then questioning 2b providing information on the website.  Lisa mentioned having a statement on the website with a link.  To make it less confusing to the user, it will be published in the paper and also linked on the Town’s website. 

 

Lisa Creech made a motion to amend Resolution 11-05 Establishing Reverse Auction Procedures by striking B1b.  William Evans seconded.  Motion carried.

 

Lisa Creech made a motion that we adopt Resolution 11-05 Establishing Reverse Auction Procedures as amended by the stricken part B1b.  William Evans seconded.  Motion carried.

 

Resolution 12-05 Transfer of Funds

 

Sandra explained some funds need to be moved around to cover fuel cost through the end of the year.  She spoke with Patrick and the supervisors.  Both the Street and Police Departments are redirecting funds.  Patrick asked for any public comment.  Greg Hudson thanked President Bush for raising the gas prices giving us cleaner air to breathe. 

 

Lisa Creech made a motion to adopt Resolution 12-05 Transfer of Funds.  William Evans seconded.  Motion carried.

 

Ordinances on First Reading:

 

Ordinance 05-20 adding Chapter 53 to the Ellettsville Town Code concerning illicit discharge and connection to the storm water drainage system ordinance.

 

Rick Coppock, Bynum Fanyo and Associates explained this ordinance is part of the Town’s compliance requirements with IDEM to comply with Rule 13.  This ordnance is a boiler plate ordinance drafted from information received from IDEM.  It gives the Town authority to prevent and enforce any illicit discharges into the Town’s storm water system, which is anything that is not actually storm water.  Examples would be various types of chemicals, gasoline and oil that could be discharged either by direct running into the system or by washing off from other surfaces.  This is part of the Town’s overall compliance and gives us some teeth to enforce illicit discharges if we come across them.  It also sets up some inspections and fines if people do not comply.  Lisa asked about construction activity being one acre or more.  A lot of times the lots in Town are a quarter acre or less.  Sometimes the builder only disturbs the one lot at a time and not the others.  This would leave a legal loophole.  Rick mentioned this is answered on the next ordinance.  They are also working on a grading and erosion control ordinance which will deal with the construction activity.  Patrick asked Rick to explain Rule 13.  Rick explained Rule 13 is a requirement for municipal entities that have separate storm water systems called MS4 sites.  The Town is a MS4 entity and is required by IDEM to adopt these rules to help protect the storm waters of the state and nation.  Part of Rule 13 is implementing a series of ordinances, activities and public information and education that is designed to help the community make our water less polluted. This teaches people what not to put into storm water systems.  It is the first part, the implementation and recommending period.  There will also be rules implemented that regulate and monitor the Town’s own activity such as   street sweepings and other things.  It is an ongoing process requiring record keeping of how the Town complies with IDEM requirement for Rule 13.  Patrick added this is very expensive.  Rick agreed and added this has been phased in.   The Town is in Phase 2 along with Bloomington, Monroe County and Ivy Tech.  Phase 1 was the larger cities in the state.    William asked how long we have to comply.  Rick said there is a schedule and these ordinances are to be adopted in 2005.  Part A and B have been submitted and Part C is in the process.  Part C is the last Phase to get the Town into compliance with the Rule.  The time schedule submitted to IDEM stated the Town would have these ordinances in place in 2005.  Patrick asked for public comment.  Greg Hudson asked if HAZMAT played into this at all.  Rick said if we had a hazard spill, it would be covered in the procedures.  Ed Bittner asked Rick to explain about the street sweeping.  Rick answered they would still sweep the street.   Part of it would be how much salt and sand you put down on the road and then how much you sweep up.  A comparison would be made to determine the amount lost.  It establishes record keeping of different items.  Dennis Williamson asked if we have to identify every drain in the Town to be regulated.  Rick said yes and there is a time schedule.  This year 25% is supposed to be complete.  The Street Department has a map and have identified 98% of the system.  That component of the program is already done.  The Street Department took maps and aerial photos and mapped the storm sewers.  We are well ahead of that component. 

 

Ordinance 05-21 to amend Chapter 152 of the Ellettsville Town Code by adding Chapters 152.170 - 152.179 concerning regulating storm water runoff associated with the construction and post construction activities in the Town of Ellettsville.

 

Rick Coppock stated this is part of the same program.  This ordinance deals with construction and post construction activities.  This will allow enforcement action and gives the Town staff permission to enter properties to inspect activities.  It sets up guidelines for enforcements and penalties that could be assessed if someone was not in compliance with the ordinance.  It goes hand in hand with another ordinance in process concerning grading permits which goes more into design and the actual erosion control methods for site development.  This will give the Planning Department the authority to issue a stop work order on a project until the items are remedied. Patrick added this is mandated through Phase 2 of the Clean Water Act as the previous ordinance was. 

 

Old Business

 

Edgewood Village III Final Plat

 

Frank Nierzwicki, Planning Department, explained to the Council this request is from the petitioner to have the Final Plat Phase III of the Edgewood Village development approved.  The recommendation from Staff is to table this petition until the October 24, 2005 Town Council meeting.  The Petitioner and Mr. Voils have agreed to work with the Town and the adjacent neighbors to develop a plan for the project in their area.  Before the October 24th meeting, a written development agreement needs to signed by the Town and the above mentioned developers.  This development agreement needs to spell out the type of barrier between the development along Mustang Drive and the homes along Reeves Road.  Also a grading plan development along the north and south side of Mustang Drive needs to be made.  The development agreement must also spell out a time table for the grading and the construction installation of the barrier.  Mr. Dunn and Mr. Voils need to address code violations along Mustang Drive and have a plan to correct these violations by the October 24th meeting.  He held a meeting October 7th (last Friday) in the Fire Department Training Room to discuss the type of barrier the neighbors on Reeves Road would like to have.  What they recommended was a weather treated fence that would run between them and the development on Mustang Drive.  Mr. and Mrs. Ridge would like the trees behind their lot saved as much as possible.  Mr. Dunn and Mr. Voils indicate this is a workable plan.  He will set up and attend a meeting with Mr. Voils and the Ridges regarding the trees.  He has been in contact with Mr. Dunn and there is an eagerness to get this done.  He received a question at the last meeting concerning the covenants on this property.  He included a copy of the most recent covenant dated April 16, 2001.  Then he included an unsigned letter that he finds to be timely and relevant from the former President of the Ellettsville Town Council, David Sorokoty, stating the issue of the covenants.  Included was a diagram of the Edgewood development along Mustang Drive and the Edgewood Village meeting attendance sheet.  William Evans added the height of the fence at 6 foot was discussed.  Lisa Creech read from Section 4 of the covenant stating,  Occupancy at Edgewood Village is limited to households in which at least one household member is age 50 or above.  This limitation shall not apply to ownership, but only to occupancy if owner and occupant are not one in the same.  She asked if he would come into compliance with that in this neighborhood.  Frank says this would be an issue.  The developer and the buyer of the property need to be in compliance with the covenant.   Patrick asked if this covenant is part of what he is brokering.   Frank replied this is a side issue.  He initially started working on the barrier and code violations along Mustang Drive.  Patrick asked him to make this meeting a core issue and not friends issue in resolution.  He will not sign off on this until all the issues are resolved.  Lisa mentioned that by state statute if there is no action like a homeowners association or other formal account, the covenants will fail until a new home owners association is formed.  We need to cure all the issues including the core issues.  Dennis Williamson asked about the map and where Phase III was listed. 

 

Ben Bledsoe of Bledsoe Tapp and Riggert, representing Mr. Dunn, pointed out the different phases on the map.  He spoke with Mr. Voils regarding the fence and drainage issues.  He made it clear that Mr. Dunn only owns the Phase III area (units 9-16 on the map).  Mr. Dunn can only make commitments towards those units.  The road was bonded by Mr. Voils so he has access to these lots and he can do the grading and improvements.  The tree line, fence and the grading issues have to be dealt with by Mr. Voils who is not part of the plat we are trying to get approved.  He feels Mr. Dunn is caught in the middle.  He agrees with Frank on the fence issue, there needs to be a time frame on it.  He spoke with Mr. Voils who agrees there needs to be a fence or some trees.  The key issue is the timing on when it happens.  It is Mr. Voils’ understanding there was an agreement that fence would be put up as he developed the lots.  The trees line that runs through the middle of the subdivision lots can not be saved in their entirety.  The storm sewer system was installed and is working.  It is difficult to get Mr. Voils to work on some of these issues and it isn’t him trying to get the final plat to be signed.  He wants to know how Mr. Dunn can have his plat approved and also take care of Mr. Voils’ subdivisions concerns.  He is open to suggestions.  Lisa Creech asked if Mr. Voils is the contractor for Mr. Dunn’s buildings.  Mr. Dunn affirmed.  Lisa feels Mr. Dunn does have a little control and leverage.  Mr. Bledsoe also brought up the age questions.  His thought is for the Town and Mr. Dunn to seek legal advice to protect everyone.  Frank mentioned this development started 11 years ago.  Working with Mr. Dunn and Mr. Voils recently, he can not go back and say what happened then but knows that presently they want to correct the situation and get on with the construction.  He is willing to work with them to comply.  He is also working with the neighbors with a number of meetings.  Bill Evans attended the meeting on Friday night.  There have been opportunities for some of the Town Council to look at the situation.  It is the benefit of Town that Edgewood Village is built out.  It is advantageous to the developers, land owners along Reeves Road and to the Town this development be completed.  He is dedicated to working with the neighbors and the developer.  The time tables, agreements and drainage issues will all be worked out.  We have the frame work started, we need to follow through and carry on to the next stage.  Lisa agrees with Frank this is advantageous and needs to be built out but how?  If it is built poorly, it will not be advantageous for the homeowners.  Frank said this is his objective to have this built out correctly.  Patrick asked Frank if he knows what the concerns are and suggests he has some resolutions to the issues on the table for the October 24th meeting.  Frank wants to have a meeting as soon as possible so the information can be reviewed by the Council before the October 24th meeting.  Bill asked Frank if he got the developer and residents together to talk this over.  Frank said not at this point.  He will work on a getting them together.  Patrick opened the floor to public comment.

 

Jewel Echelbarger presented Edgewood Village development as a PUD to the Town of Ellettsville and Planning Department.  She has all the history and no one has talked to her.  She is the President of the 48 apartments.  Edgewood Village was designed as a retirement community.  There is a serious problem with people who have breeched this agreement.  In 2001 we were at the Council meeting discussing the same issue.  This development was planned as a retirement community.  It is not age discrimination to have a retirement community.  It is age discrimination for a realtor to sell to a person who is not in the right age group.  There are people who have bought this property, that feel bad about it and do not know how to get out.  She was told Mr. Voils was going to put up a limestone block sign saying Edgewood Village Retirement Community.  If this sign was there, anyone walking in would know it is a retirement community.   The people along Reeves Road have been through a lot as this retirement community was being developed.  They have always worried about children from the schools cutting through their property.  They have asked the developer to please not let this happen.  The Town Council has had this same discussion about the trees and fences in past minutes.  What Frank is currently investigating, has previously been acted on by the Town Council.  She suggests the Council sticks with the signed covenant that says occupancy at Edgewood Village is limited to household in which one household member is age 50 or above.  This limitation shall not only apply to ownership but only to occupancy if owner and occupant are not one in the same.  The PUD has the lot lines right up to each other.  It is not big or wide enough to be a family community.  It is designed as a retirement community and that design needs to be respected.  She will be out of town October 15-25.  If she can get back before the 24th meeting, she will.  She expects the Town to keep their promises to the good people of the Town of Ellettsville.  These plans for a retirement community need to be respected for the people who have purchased homes.  Lisa looked up on the internet about redlining.  That is what realtors call it when they discriminate against someone.  She read the definition on redlining.  Jewel added the Town approved zero lot lines in this community. 

 

Roger Click, resident on Mustang Drive, brought up the drainage issue.  The drainage system is in place but it doesn’t work.  There is a lot of flooding on the lots.  The water comes up within a few feet of his neighbor’s lot.  The road has also flooded several times.  He called the utilities once when it flooded.  The storm drains along the street were blocked and they cleared it out.  After it stops raining, it takes 12-36 hours for the water to recede.  He feels the drain system does not work. 

 

Ellen Ranard, resident on Mustang Drive (Mustang River).  She bought her house in April to live close to the Endwright Center and has so many problems.  It is just now livable.  The mosquitoes are horrible and she has an issue with the condos being rented out to younger families with children.  She pulled out of her driveway one day and almost backed in to a little boy on a bicycle.  It is a dangerous situation.  She thought she was moving into a retirement place with older people.  There are dogs, cats and kids and not the retirement community she thought she was getting in to.  She lives in the last house and knows about the storm drains.  After the water went down the drain, there is a hole that bubbled for two days.  It is not in the path the water travels down from Reeves Road.  Lisa commented on the drainage problem.  She acknowledges all the homeowners in Ellettsville are having drainage problems.  She thinks the Town needs to address it every where.

 

Russ Ryle, resident 7350 Reeves Road, brought up when this development was put together initially, they went to DNR because they built through a flood plain and needed to get an approval.  He has never seen the approved DNR flood plain and the structures are not in compliance with the DNR flood plain plan.  He hopes the Town will check the DNR flood plain and have the engineers look at to make sure it is in compliance.  He has spent the four days trying to get between DNR and IDEM to get the history of this project.  Who does what in the state has changed several times.  He is still not sure who to talk to.  IDEM has a simple administrative policy for gross violations, a $25,000 per day fine.  The Town has a Plan Unit Development and as long as there are structures with people the Town is in the business of occupancy monitoring and making sure that plan is followed.  He distributed a letter to each member of the Council.  He is going to wait until the first of the year to seek legal action against the Town.  He hopes the five points in the letter are attended to before then especially the establishment of an ongoing review of the occupancy and structures being properly built.  He thanked Jewel for speaking and bringing up that the property is not zoned for young families.  He has also searched the web and found out the current condos being built do not qualify for Section 8 housing.  They are not within minimum guidelines. 

 

Dick Jackson, resident for 30 years on West Reeves Road (Owen County Freeway), spoke about the heavy traffic use.  When school started this year he counted traffic.  From 7 a.m. until 8:30 a.m. there were 795 vehicles.  Most of it school traffic but a lot was work commuters.  If you allow younger people to move into the “duplexes”, that will increase traffic.  He feels the Town should “hold their feet to the fire” on the original agreements that were drawn up in the beginning and enforce them.  There are all sorts of legal retirement communities all over the country.  He suggests they do what the agreements were in the beginning and if they don’t comply then just put a stop order to all the construction. 

 

Sandra read a letter from Lisa and David Ridge who were unable to attend tonight’s meeting.  Their points were:

v     Age restriction in Edgewood Village

v     Trees along edge of the property

v     Appreciation to  Frank and Mr. Evans for meeting with them

v     The Town requiring larger bonds from developers

v     Not rushing to approve this final plat

Frank recommends tabling this until the next Council meeting October 24, 2005 in the mean time working out an agreement with all the parties.  Lisa requests all the Council members know about future meetings since this is in Dennis’ ward.  Frank apologized and will make sure they know from now on. 

 

William Evans made a motion to table the Final Plat for Edgewood Village Phase III.  Phillip Rogers seconded.  Motion carried.

 

Citizen Concern- Don Fisher

 

Don Fisher reiterated to the Council:

v     Private use of public vehicles

v     Problems with high gas prices

v     Fuel Budget comparison of all Departments

v     Maintenance costs for vehicles

v     Frank working to get additional money

 

Lisa addressed his concern about the private use of public vehicle with a situation of when she was in the Police Academy.  When police are off duty, this means without pay, they can still assist on duty police.  Also, she drove her company car to the meeting this evening.  Her company pays for the car, gas and the plates.  She does have to account for every personal mile and pays $25 per week for personal use.  At the end of year the mileage is compared to see if more is owed. 

 

Patrick asked Ron to come to the podium.  He then read a study done in Tacoma, Washington regarding take home vehicles.  The study found, looking at relative cost on take home vehicles, the annual economic cost of officers taking vehicles home are $800 per year less than parking the vehicles.  The conclusion is the current policy of allowing officers to take police vehicles home provides additional benefits due to officers responding to emergency calls while driving to and from work, responding to calls more quickly providing citizens with an increase sense of safety by having cars parked in neighborhoods and better care of police vehicles provided by the officers at their homes.  He then clarified the additional money for fuel was transferred from one appropriated line to another.  Moving money from an under used account is different than doing an additional appropriation.  Also the County Council has problems crafting budgets and that is why they are contemplating $400,000 in additional appropriations for medical expenses that the Sheriff noted has always been under budgeted.  He then asked Ron if he has been monitoring the off duties miles.  Ron answered he gave a memo to all the officers to drive to and from work only and no off duty driving.  The police drive to Bloomington Prosecutor’s Office everyday to drop off case reports.  All arrests are taken to Monroe County Jail.  Patrick and Ron have discussed “hypothetical” situations (tornado) and what would the state of the department had been if the officers did not have their cars at home.  Ron commented that if the cars were parked at the department in 2002 when the tornado came through Ellettsville, they could not have responded quickly.  At that time, the cars were not parked and the officers responded immediately.  The police are taking precautions now and cutting back but they are not cutting back on police services for the people in the Town.  Every car has the equipment for the officers to do their job.  First aid kits and all equipment the police need to function with are in the cars.  The fire, police, and street departments are not at their buildings 24/7 but if they are needed, they have their vehicles.  Patrick asked the on call status of the officers in the department.  Ron replied the department SOP, which the Council voted on; states the officers are on duty 24/7.  William mentioned Mr. Fisher brought up the idea that County Police are working at night.  He asked how many times a year does our Police Department back them up since they only have 2 or 3 officers on duty.  Ron answered they have between 2 and 4 but our police officers work 2 in a rotating shift, spilt shift and 2 at night.  We do help them upon request.  Monroe County also has an agreement with Stinesville to help patrol.   Patrick said that Mr. Fisher is not wrong and it does cost more money now than it did before to fuel the vehicles.  It is “penny wise and pound foolish” and we are not dipping into cash reserves.  He doesn’t feel our situation is unmanageable today and doesn’t think our situation will be unmanageable in 2006.  Don Fisher felt the conversation between Patrick and Ron a “rehearsed playwright production”.  He said a police officer has the jurisdiction whether in a police car or not to make a citizens arrest.  He also commented on:

v     State police showing up for 911 calls

v     Police being expendable when they are off duty

v     Monitoring off duties cars

v     Questioned why are we driving to Bloomington

v     Does not know of a situation where Jim or Ron needs their cars off duty

v     The Police and Fire Department in separate new buildings

v     Uncontested and appointed Council positions

v     Council members drawing money and receiving health benefits

v     The Council is the departments boss

v     The Council isn’t having monthly meetings with the departments

v     Not knowing the Council meetings were changed to the Fire Station

v     Departments are well equipped and trained

v     Money needs to be monitored

v     Street Department needs to add an employee

v     Wanted to know the amount of money to be received from the additional wheel tax enacted by the County

Patrick respectively disagreed and asked the Council if anyone wanted to make a motion to park the cars.  William clarified that he and Patrick held a Supervisor’s meeting last Thursday and none of the Council members receive health benefits or retirement.

 

New Business

 

Contract with Bynum Fanyo Environmental for providing sampling and testing services as required by IDEM Rule 13

 

Rick Coppock explained sampling storm water of the Town.  Samples are taken from the creeks before a storm and are tested to establish a baseline sample.  There are three sampling points; up stream of Jack’s Defeat Creek off Hartstrait Road before it enters the Town, the other side of the treatment plant of Jack’s Defeat Creek after it leaves the Town and the small portion of headwaters of McCormick’s Creek that originates in the Town limits.  This proposal is to sample those sites and prepare a report.  A sample is also taken when there is a rain event to get the first flush comparison to get the initial run off.  Sarah May, who works for Bynum Fanyo, currently does the testing for Ivy Tech.  The samples need to be taken within the first half hour of a rain event which Jeff Farmer and his guys will do and then Sarah will run the tests and perform the report as required by IDEM.  Dennis asked who will take the samples.  Rick answered Sarah will take the baseline samples and Jeff Farmer’s guys will take them when it rains.  Dennis asked who will be sampling the other end of McCormick’s Creek and what will we be comparing that sample to.  Rick said the County will be taking their sample of McCormick’s Creek.  All samples are required to be tested for the same things under IDEM Rule 13.  The County will want to look at our samples since we are at the upper end of the water shed. 

 

Lisa Creech made a motion that we approve the Contract with Bynum Fanyo Environmental for providing sampling and testing services as required by IDEM Rule 13.  William Evans seconded.  Motion carried.

 

Agreement with H.J. Umbaugh & Associates for financial advisory services relating to a Municipal Storm Water Utility

 

Patrick Stoffers explained he and William Evans met with Jim Ragle and Rick trying to figure out the impact of Rule 13.  What are our obligations today and years down the road?  We have been bearing significant expenses in regard to Rule 13.  He asked Sandra to put together some information respected of our expenses in 2004 and 2005.  It was $27,381.39 in direct expenses since January 1, 2004.  This does not include the amounts paid to Jim Ragle’s crew.  We need to figure out what we are facing now and the coming years.  The contract is from Umbaugh and Associates.  The meeting was with John Seever.  We want them to analyze and make some objective guesses on what our expenses will be down the road.  We need to know if we should continue to pay for these activities the way we are.  In the contract Rick will evaluate the equivalent units respective to storm water and they will do an analysis for us and decide if we are paying for this in the smartest way.  They will evaluate in the terms of forming a Storm Water Utility.    The contract is for Umbaugh to do the objective work and help us figure out what to expect in the out years.  Rick mentioned all we have done for Rule 13 is developed ordinances and some mapping.   They have estimated the budget numbers per year at $30,000 which may be on the low side since there is no information to base it on.   The Town could be looking at $40 - $50,000 a year easily since it is intensive man hours.  Part of the program is walking the Town and finding the illicit discharges.  With the cut backs at DNR, the Town will be doing more erosion control inspections and site inspections.  It is going to be an expensive program and it is mandated by the state with no funds tied to it.  Mike Spencer said there are no hourly rates listed in the contract.  Lisa suggested we table this and Patrick agreed since there is a flexible window of time to get the objective study.  He asked for public comments.  Don Fisher came to the podium and talked about his dad being a WWII Veteran and the flag meaning a lot to him.  He started to discuss the brush and Jim Ragle not making comments.  Lisa interrupted him and reminded him we are talking about the H.J. Umbaugh contract. 

 

Dennis Williamson made a motion that we table this until we get the hourly rates.  William Evans seconded.  Motion carried.

 

Citizen Concern - Greg Hudson

 

Greg Hudson has filled out a complaint and would like an answer.  He would like police comments.  Patrick asked him what his question or complaint was.  Greg asked if he could read his writing.  Patrick can read it but does not understand the complaint.  Greg responded the police took his Jeep out of his mother’s driveway without legal authority armed with a gun.  He felt he has been falsely accused, taken to jail and had full cavity searches 12 times.  All cases were dismissed.  The police have provoked him with gestures making him think they were attempting to shoot at him.  He feels his rights have been violated intentionally and he has been provoked with the intent to kill.  He would like an explanation, the Board’s answer or the police comments.  Patrick does not have anything to express on this.  Regarding the vehicle, he understands it to have been adjudicated several years ago.   Patrick will take the opportunity to look into Greg being falsely accused.   Greg would like to know when he can return for opinions and the police comments.  Patrick said the next meeting is October 24th.  He will not require the police to speak at this time either; they should be allowed the courtesy to look into this.  Greg mentioned the police slander his name at the coffee shop.

 

Privilege of the Floor – non Agenda Items

 

Don Fisher reiterated:

v     Brush  in Arrowhead, Chandler Drive and main street going out of Town

v     No timely schedule on brush pick up

v     Lack of equipment and manpower

v     Gas situation not helping

v     Bloomington’s sanitation pick up

v     Counter statement on Frank’s statement on the brush

v     Street fissures; street will be pulverized this winter

v     Sale Street is not a street to be proud of

v     Blank signs

v     Someone needs to step up with a plan

v     Repeating brush and street complaints

 

Lisa Creech interrupted him and let him know she is the liaison to the Street Department but she is left out of a lot of things.  She was very upset with a lot of Don’s comments.  The only reason this council meeting is long is because Don can not get to the point and mention the same thing over disparage the Town employees.  She feels Don owes the Town employees an apology because they do a very good job.  He has a right to speak his opinion but he needs to get to the point.  Patrick asked him to conclude his statement and thanked him. 

 

Charles Jacobs, Deputy Marshal Police Department, has two applicants seeking appointment as Reserve Deputies for the Town of Ellettsville, Matt Drake and John Tyler Bruner.  He has completed all the required background investigations and both gentlemen have finished the state’s mandated requirements.  Matt Drake is 22 years old and a Loss Prevention Officer with a major retail chain.  He is currently enrolled at Ivy Tech seeking a degree in Criminal Justice.  John Bruner is 23 years old, a Security Officer and has a Bachelor degree in Criminal Justice from Indiana University.  They have been through a very intensive interview process.  They are very happy with both of them.  William asked why he didn’t know anything about this until now.  Charles apologized and said they have been going through this process since April. 

 

William Evans made a motion to accept Mr. Drake and Mr. Bruner as the Reserve Police Officers.  Phillip Rogers seconded.  Motion carried. 

 

Sandra swore both gentlemen in.

 

Greg Hudson approached the podium again and discussed his concerns about the Police Department. Patrick said he would not address his assertions and thanked him for his comments.

 

Supervisors Comments

 

Sandra Hash is attending a meeting October 20, 2005 regarding the Fair Labor Standards.   This meeting will cover the police and fire pay procedures. 

 

Dennis Williamson attended a Main Street meeting.  There is currently a survey being sent around to the former and present members of Main Street asking for an assessment of the program.  There will be a meeting October 19, 2005 to discuss the results.  He also spent 8 hours studying for the meeting this evening; reading the ordinances.  There is a lot that goes on behind the scenes, going to meetings and talking to people.  He is the Rookie of the group and he is still learning.  This is a tough job and if anyone wants to try it, they should get into the ballot booth and vote their self in.   He is going to fulfill his commitment. 

 

Lisa Creech questioned Frank and Ron about the fines in the parking ordinance and if they were still working on it. 

 

Phillip Rogers had no comments.

 

William Evans complimented Jim Ragle.  He would never second guess him on his supervisory expertise or the job he does for his department.  He has done a wonderful job for the Town of Ellettsville for a long time.  He picks up brush, just as a service to people, when he can.  “Bulk Day” is this Saturday.  This is a day when you can get rid of all the bulky items for free.  Patrick added it will be at the Solid Waste Transfer Station and Recycling Center.  Bill said to answer one of Mr. Fisher’s questions; we can not give him a definite time or day to start black topping his street.  He suggested if Mr. Fisher is retired, he might want to go into the business of hauling brush for people.  

 

Patrick Stoffers added information on the Solid Waste District Bulk Day on October 15th.  There is a public service message and a list on their website of the materials that can be dropped off.  If there is an appliance with Freon, you need to take it to the facility on South Walnut and there will be a fee.  He will be there volunteering along with William Evans.

 

Ron McGlocklin reminded the Council and public of the Hilly Hundred weekend.  The Reserves will be out in full force working Friday through Sunday.  The Hilly Hundred compensates the Reserves for their time.  The ride starts Saturday heading west.  William asked Ron about the check list on the Police Station.  Ron said Mr. Neidigh has several things that need to be completed.  He has sent him 8-12 faxes on items that need to be fixed and repaired with no response.  Ron and one of the Council members had a conversation with Mr. Neidigh two weeks ago at which time Mr. Neidigh said he would get right on it and nothing has been done.  Ron got a call from Sanders requesting payment for Mr. Neidigh on the final completion of the building.  With the Council’s approval, he would like to turn all this matter over to Mr. Spencer to check on legal procedures to get Mr. Neidigh to finish the project. 

 

William Evans reported 11 Reserves worked 372.7 hours for the month of August and 10 Reserves worked 275.6 hours in September.  We all appreciate it. 

 

Adjournment

 

Patrick Stoffers adjourned the meeting at 9:52 p.m.