Roll Call: Members
present were William Evans, Vice President; Lisa Creech, Phillip Rogers and
Supervisors Present: Jim Davis, Ron McGlocklin, Mike Farmer and Jeff Farmer were present.
Approval of the minutes
Creech made a motion to approve the minutes for the Regular Meeting of
Action to Pay Accounts Payable Vouchers
Phillip Rogers made a motion to pay Accounts Payable Vouchers. Lisa Creech seconded. Motion carried.
Ron McGlocklin, Ellettsville Police Department, presented the contract written by Mike Spencer at the Council’s request. The contract was sent to the owner of K-9 Academy who agreed with it and returned the signed original. Ron requested the Council approve the contract.
Dennis Williamson moved that we approve contract with Little Rock K-9 Academy to purchase a K-9. Phillip Rogers second. William Evans opened the floor for comments.
Salzmann, Monroe County Prosecutor, believes Ellettsville has exhibited a good
relationship with the use of dogs in the past.
He supports the purchase of the dog along with the community who has
shown their support with donations. This
dog will not only be for drug enforcement but will also be trained for
tracking. Sometimes in
Creech asked if anyone else besides the State Police have a K-9 unit. Ron answered at one time both the Monroe
County Sheriffs Department and the City of
Dennis Williamson questioned the legal liability and insurance on the dog. Ron said the liability, according to The May Agency, falls under the blanket coverage the Town currently carries. The life insurance on the dog will come out of the “maintenance” portion of the budget. Eric Chaudion will be the handler, the dog will reside at his residence and this will be part of his salary. There is a new program that has been implemented into the budget under “Certification Pay” which would give the handler an additional amount of money. Dennis also asked how long the dog is going to live. Ron said usually 7-8 years.
William Evans called for a roll call vote: Phillip Rogers – no; William Evans – no; Lisa Creech – yes; Dennis Williamson – no. Motion failed.
Issue concerning delinquent utility bills
Verbia Sutherlen read a prepared statement regarding property owners as home owners and not rentals. This is a summary of what is happening:
· A property owner leaves their property for whatever reason; they sell it or lose the property through repossession or a bankruptcy.
· They leave owing a water/sewer bill.
· A new owner comes in to have their sewer and/or water turned on in their name and is told there is a bill owed by the previous owner.
· The sewer and/or water will not be turned on until that bill is paid.
· In effect, the new owner is being held hostage to pay the previous owners bill before they can get water service.
in my opinion, when the previous owner came in or called the
“I had this happen quite recently on a property that I sold where the original owner had filed a bankruptcy. I sold the property and it did go through. The balance on the water bill was $113.00 and the new owner was told they were going to have to pay it before the water could be turned on.”
“I also had this previously happen to a new home owner where I sold the property. As a realtor, I paid the bill so the new buyer could have the water turned on. As a person who purchases home through Sheriff’s sales and U.S. Marshall’s sales, I and my husband Melvin have paid the previous owner’s bill just to get the water turned on.” “If the Water Department had filed a lien on the property, this would have been cleared up when the property went through a title search. I realize this is a problem for the Town and there is a loss of revenue. The way you are collecting is completely wrong. I feel you have taken the easy way out by holding the new owner hostage to pay someone else’s bill simply because the bill will get paid.”
“Maybe there needs to be some type of application or something made for people to apply for water service so the Town can get more information on the person that is applying for the water service. Maybe there needs to be deposits made. I do not know the answer but I do know that what you are doing is not the answer and is completely wrong.”
“I have personally resolved not to pay another water bill that I did not contract with the Town for. So my question to the Town Council or to Mike Spencer (who is not here) would be what code, what agreement, State or Town code gives the Water Department the right to refuse service to a new customer because the old customer did not pay their water bill.”
William Evans said he would have to look into this but asked Jeff Farmer if he has any in sight.
House of Prayer Unchained Gang Ministries request a Fund Raiser Road Block
Bonnie Antolik, member of the Ellettsville House of Prayer and
Unchained Gang Motorcycle Ministries spoke about a family who attend her church. Their young son was recently diagnosed as
being terminally ill. The father’s
insurance will not cover any medical expenses.
The Unchained Gang Ministries would like to do a one time collection on
Creech made a motion we allow them to have this fundraiser road block between
Creech requested anyone who can help this family, please do. She met this family at
Bitner, member of the Unchained Gang, House of Prayer and candidate for Town
Board, inquired about
Renewal of the Inter local Agreement
Art Hayes asked when the contract was being discussed; did the speed bumps in the Meadowlands come up? If there are any lawsuits or damages; who will pay for this and also if someone is injured during one of the runs, who will be liable? William Evans replied he did not know and would have to check with Mike Spencer. Art Hayes feels this will need to be cleared up fast.
Lisa Creech made an “equation on this philosophy”. If slowing down emergency vehicles is such a concern, they should not have the Fall Festival because streets are closed and the emergency vehicles have to take a longer alternative route for emergencies. Speed bumps would cause a 15 to 20 second delay. There are usually riders on insurance policies to cover damage to vehicles.
Karen Sherfick, resident 806 Meadowlands thanked everyone who was involved in getting the speed humps in the Meadowlands. It has slowed people down. It will not take an ambulance any longer to get through there. If people injure their vehicles going through the Meadowlands, they are going too fast.
Lisa Creech was approach by someone in the Ridge Springs neighborhood that would like a similar device because the school buses are going too fast. This is a constant problem and we need to take proactive measures. Karen Sherfick thanked everyone again for the speed humps that were placed on the three streets in the Meadowlands but asked about having speed humps on Lakeview Drive coming on to Daisy and then Meadowlands Drive coming from Paddington Park. She will be talking to Frank Nierzwicki to see if there are any plans for those two areas.
Phillip Rogers made a motion to accept the Inter local Agreement with Bloomington Hospital Ambulance Service. Lisa Creech seconded. Motion carried.
Renewal of the Inter local Agreement with the Monroe County Building Department
Sandra Hash stated Patrick Stoffers presented this to the attorney for review. This was an annual agreement that expired in December 2005. The renewal will be retroactive to January 2006 through December 2007. There were no changes.
Lisa Creech made a motion that we approve the Inter local Agreement with the Monroe County Building Department. Phillip Rogers second. Motion carried.
Sandra Hash is the Town Representative to the Chamber of Commerce and she was asked to share some information with the Council and the public:
10th Annual Buy Indiana Expo will be hosted by the Ellettsville
Dennis Williamson thanked the citizens who spoke to him about the Meadowland speed humps. He heard from people for and against them. He appreciates the Street Department for the work they did. Dennis tested the speed humps at 5, 10, 15 an 20 mph and he will go 15 mph or else the car will bottom out. The speed humps are serving the purpose they were put in for.
Lisa Creech apologized for missing the last few meetings. She has been unemployed for several months and was recently hired September 5 by Johnson & Johnson. She will be attending the Council meetings this month and has a major announcement to make but would prefer to hold this until the next meeting when she is able to speak with Patrick Stoffers first.
William Evans thanked the Police Department for work with the Hilly Hundred weekend. He did not have the monthly Reserve hours to announce.
Art Hayes clarified with Karen Sherfick how long she has lived
in her addition. He asked about the new
addition to Meadowlands; when this starts, a petition has already been sent
around by the builders and Bynum Fanyo.
This petition states they will waive the zoning ordinance and when one
item in a zoning ordinance is violated; the developer can do whatever they
want. He asked if all the building will
be done correctly with the new addition (sidewalks, utilities, correct curvature
of the roads).
Hayes stated at the last Town Council meeting, Jim Ragle said he would not be
able to put the speed humps in until the end of October but they were put in
within a few days. How did this happen? There was no discussion. Since his wife sent an editorial to the
paper, he has been receiving a lot of phone calls from the Meadowlands saying
“we did not want speed bumps, we wanted a gate”. William Evans commented Jim Ragle was on
vacation when the speed humps were put in.
Mr. Hayes has researched past Town Council meetings on the internet and
can not find where a vote was ever taken on speed humps. Where did this decision come from? Was it decided in an Executive meeting or
Town Board meeting? Who ordered them put
in? If no vote was taken, the Executive
in control of everything, Patrick Stoffers, must have been the one who gave the
okay on it. Dennis Williamson said “he
is the President, he probably did”. Mr.
Hayes hopes he doesn’t plan on doing this all over the County. Phillip Rogers asked Mr. Hayes “how would you
have corrected the problem in the Meadowlands?”
Mr. Hayes has lived in the
Karen Sherfick respects Art’s opinion because everyone has the right to their opinion and what they feel. She would like a copy of the petition he has with her signature on it from the developer. There was conversation between Art and Karen regarding the Meadowlands. Karen announced she personally worked very hard for several months to get people from the neighborhood to attend Town Council meetings to voice their opinions
give suggestions to stop the speeding. Everyone
had adequate time to come forward to say what they wanted and did not
want. When she reads back on the July 18th
meeting there was a lot of support from
Salzmann, Monroe County Prosecutor, addressed the Council concerning the sign
ordinance. There was an article in the
Journal that he thinks gave people the wrong impression. First of all, the prosecutor’s office isn’t
the enforcement agency for the sign ordinance.
They started receiving calls even before Labor Day. Traditionally the rule of thumb is posting
political signs after Labor Day. He has
discussed this issue several times with the Town Attorney, Mike Spencer. Mr. Salzmann thinks the ordinance is
unconstitutional for several reasons and Mike Spencer agrees with him that it
should be rewritten. It is vague on its
face when you say 30 days before the election; it leaves a lot for
interpretation. In September people are
requesting absentee ballots. People are
able to vote in person 30 days prior to November 7th at the
Dennis asked how it is unconstitutional. Carl replied it is vague on its face. The fact that it can be interpreted by anybody of reasonable mind two different ways they could come to two different conclusions. It doesn’t give a bright line for somebody to obey the law. When you are talking about sacred constitution rights there has to be a bright light for people to have notice about. Our whole legal system, ordinance or state constitution or federal constitution depends on notice. The fact that you are on notice as a citizen of what we expect you to do and what we expect you not to do. Dennis said if we write an ordinance that is perfectly clear to everyone it is probably constitutional. Carl replied yes. Because the law has changed in an effort to get everyone to vote we do not know what the future will be. If internet voting is allowed people could start voting as early as August.
William Evans declared this meeting adjourned at