Ellettsville, Indiana, Town
Council met in regular
session on Monday, September 11, 2006, at the Fire Department Training and Conference
Room.Patrick Stoffers called the
meeting to order at Sandra Hash led in prayer and
William Evans led the Pledge of Allegiance.
Roll Call: Members
present were Patrick Stoffers, President; William Evans, Vice President; Phillip
Rogers and Dennis
Hash, Clerk Treasurer and Mike Spencer, Attorney were also present.Lisa Creech was out of town.
Supervisors Present:Jim Davis, Jim Ragle, Ron McGlocklin, Frank
Nierzwicki, Jeff Farmer and Mike Farmer were present.
Approval of the minutes
Evans made a motion to approve the minutes for the Regular Meeting of August 28, 2006.Phillip
Rogers seconded.Motion carried.
Action to Pay Accounts Payable Vouchers
William Evans made a motion to adopt Accounts Payable Vouchers. Phillip Rogers seconded.Motion carried.
Final Adoption of the 2007 Budget
Sandra Hash read the final budget.
vGeneral Fund’s budget is $1,862,455, which includes
the Administration, Planning, Fire and Police Departments.This will
now include Redevelopment.RichlandTownship will contribute $460,914 toward the fire protection
and BloomingtonHospital will contribute $40,672 toward staffing the ambulance
at the fire station on Curry Pike.
vCountyOption Income Tax is estimated at $360,000.
vMotor Vehicle Highway’s budget is $459,159.The Motor
payments from the state will be 98% of the 2006 receipts which were down 3%
from 2005. The Town has not received additional revenue from the changes the
county made in surtax and wheel tax, however There will receive two
distributions from Major Moves, the privatization of Indiana Toll Roads,
vPark and Recreation budget is $20,575.
vLocal Roads and Streets, Law Enforcement Continuing
Education and the Cumulative Funds equal $206,045.
vThe debt service fund for the Police and Fire equal
vThe total budget for 2007 is $2,874,234
vThe Maximum Levy Growth Quotient for 2007 is 4.4% up
from 3.9% in 2006.
Williamson commended Sandra Hash on the good job she has been doing each
Evans made a motion that we adopt the Final Budget for the Town of Ellettsville for the year 2007.Phillip Rogers seconded.Motion
Open Bids for 1997 Ford Crown Victoria
Sandra Hash announced she has not received any bids.This was advertised in The Herald-Times and
The Journal.Patrick asked Mike Spencer
what the next step will be.Mike Spencer
will do the research.
Ordinances on Second Reading
Ordinance 06-14 to amend Section 36.198
of the EllettsvilleTown Code
concerning overtime for Firefighters
Jim Davisexplained this ordinance will extend the part-time
Firefighters overtime period from 53 hours a week to 106 hours in a two week
period allowing the Fire Department more flexibility with the part-time
William Evans made a motion to adopt Ordinance 06-14 to amend
Section 36.198 of the Ellettsville Town Code concerning overtime for
Firefighters.Phillip Rogers seconded.Motion carried.
Ordinance 06-15 to amend Sub-section
36.100 (C) of the Ellettsville Town Code concerning recruitment, selection and
Jim Davispresented this to the Council at the last
meeting.This ordinance will allow
Volunteer Firefighters and Police Reserve Officers a lateral transfer when
there is a job opening providing the volunteer has complied with section 36 of
the Code when they were appointed.There
will still be a review.Dennis clarified
this was for both the Fire Department and Police Department.
Evans made a motion that we adopt Ordinance 06-15 to amend Sub-section 36.100
(C) of the Ellettsville Town Code concerning recruitment, selection and
hiring.Phillip Rogers seconded.Motion carried.
Ordinance 06-16 to amend section
33.75–33.78, 70.04, 70.05, 72.05 and to add sections 33.79-33.81 to the EllettsvilleTown Code
concerning fees, charges and deposit of fines
Sandra explained this ordinance increases the accident
reports from $5 to $8 and signifies these funds are to be deposited into the
Law Enforcement Continuing Education Fund.It also clarifies where fees will be deposited and adds the application
for Gun License Permits, Videos and Photographs.
Williamson made a motion Ordinance 06-16 be adopted with the corrections of the
numbering system.William Evans
Ordinance 06-17 Voluntary Annexation of
Jiffy Treat, 4727 West State Road 46
Frank Nierzwicki, Director of Planning Services presented this
annexation at the last meeting.The Plan
Commission has recommended approval of this annexation and there is no cost to
Evans made a motion we adopt Ordinance 06-17 which is the Voluntary Annexation
of Jiffy Treat located at 4727 West State Road 46.Phillip
Rogers seconded.Motion carried.
Ordinance 06-18 Voluntary Annexation of Depot Road, the Roy
Frank explained the voluntary annexation of Depot Road is property owned by Mr. Wever.This has been approved by the Plan Commission
as a C-3 zone.
Evans made a motion we adopt Ordinance 06-18 Voluntary Annexation of Depot Road
which is known as the Roy Wever property.Phillip Rogers seconded.Motion
Ron McGlocklin and Eric Chaudion visited the K-9 Academy in Little Rock, Arkansas.Tony Smith,
owner of the facility, showed the narcotics the dog was trained on and did a demonstration
with the dog.The dog performed very
well and found all the hidden narcotics.The medical records were reviewed with the owner and veterinarian along
with the x-rays of the dog’s hip and elbows.The dog is from Germany and has been vaccinated.Ron explained when the dog arrived in the
states; it was placed in quarantine at a veterinary’s facility in Rhode Island.He had copies
of all medical records and pictures for the Council to review.The dog’s name is Andy; she is a female and
will be 3 years old September 19th.The Police Department would like the dog for narcotics and tracking.This will not be a “bite dog”.This dog will fit the needs of the community
and the school system.Ron spoke with Regina at the May Agency and found out a $5500 life
insurance policy on the dog will cost $780 a year.The liability will fall back on the Town’s
blanket policy.Mike Spencer will review
the contract and report back at the next meeting.Ron went on to say the school for the handler
is included in the price and the class starts October 23 which will be the last
class of the year until spring.Eric
Chaudion has been selected to be the handler.
Dennis Williamson asked if the commands would be in English or
German.It was clarified the commands
are in English.Patrick asked for this to be placed on the
next agenda so Mike Spencer will have some time to review the contract.
Police Department had their third firearms training on Saturday the 9th.Charles Jacobs, Firearms Instructor, prepared
the course.Everyone passed.The Town has ATVs and the insurance company requires
operator training in order to be insured.They provided an ATV safety course taught by a State certified
instructor.Ron gave Sandy a list of the people who took this course. They will
be the only ones who are certified to operate them.
Jeff Farmer, Ellettsville Utilities has a Capacity Certification
Allocation letter for the School Athletic Complex.The school approached them about putting in
some concession stands and bathrooms at both the soccer and softball
fields.The sewer lines will have to be
extended 600 feet.They will pay for the
materials and we will put in the line.They
will be responsible for their own lateral.This is the first step, the plant has plenty of capacity and he recommends
we move forward.Patrick asked for a
motion on the Certification Letter for 1,950 gallons per day for the
Ellettsville Intermediate School Athletic Complex.
Williamson moved that we accept the Capacity Certification Letter for the Elementary
School Athletic Sports Complex as presented.William Evans seconded.Motion
Director Planning Services gave an update on Mustang Drive.There was a
site inspection held with Jim
Ragle and Rick Coppock.The sidewalks
are being installed and should be finished in the next few months.There are some concerns with areas in the
road and drainage.They will be contacting the developer because
the letter of credit will expire the end of September.Frank recommends everyone go out and
look.The brush and trees have been
cleaned up and looks completely different.The new owner of the south side, Jeff Fish, has done a very good job.
Mike Spencer gave the information on the police car bids; the
statute indicates it should be sold to the highest bidder.Since there were no bids the only other
provision pertains to “worthless property”.Worthless property is if the value of the property is less than the
estimated cost of the sale and transportation of the property.If the value of the vehicle is zero it can be
disposed of by demolishing or junking.
Dennis Williamson reported on the wellness walk last week.There was a pretty good turn out.The Fall Festival is coming up with the theme
“Back Home Again at the Monroe County Fall Festival”.There is a pre-registration form that needs
to be turned in by September 15 if you want to be in the parade.Smithville Telephone will have the Garfield
Show at the Fall Festival on Saturday, September 23 at , and He would also like to wish his mother a Happy
Birthday this week.
William Evans announced the Reserves worked 427.35 hours in August.
Ron Hawkins, Pastor of Turning Point Apostolic Church at 210 Vine Street is requesting a road closure on October 7, 2006 for a special event the church is having.He would like the road closed in front of the
church from to
between the old Tobacco Road store and the church.There will be free food.
Evans made a motion that on October 7, 2006 we close the road on Vine Street in front of the church so named from until Phillip Rogers seconded.Motion carried.
Ed Bitner announced his appreciation to the Police Department during the last thirty days.His wife phoned the police for a situation in
the neighborhood at and by the time Ed was dressed; the police were at his door.A week later he had to call the police and
while still on the phone, an officer was on the scene taking care of
things.He commends the Police Department for a job well done. He then went on to tell a story
about a cell phone court case.A man
signed up with a cell phone company after he was told he would be able to get
service at his house because a tower would be erected in 60 days.After 60 days no tower, after 90 days no
tower so he called to cancel his contract and the provider was going to charge
him $240 for cancellation of contract.The cell phone provider took the man to court over the $240 and the cell
phone provider was found in breech of contract because a tower was never
erected.The reason he tells this story
is because he has received several calls lately concerning the special use
water meters.The deadline is
approaching to quit using the current meters by October 20 and having the new
meters installed by December.The people
calling want to know what can be done since they bought the original meters and
were told that if they “voluntarily” dropped it off they would be reimbursed
$35.00.How can they get the whole
$70.00 reimbursed since the Town is discontinuing the meters? After some
research he found this situation is similar to the cell phone court case and
feels this to be a breech of contract.When the Town sold the water meters to the people, they entered into a
verbal agreement that they would have these meters to use as long as they
wanted.Ed told the four people who
called him they could contemplate a “class action suit” against the Town of
Ellettsville to get all their money back.They would have to file a “claim of tort” which is something filed with
the Town to let them know they are being sued.He asked Mike Spencer “what do you have to do file this claim of tort so
he can pass on the information”?Mike
Spencer told him to contact an attorney and get legal advice.Ed then asked if it was legal for him to get
records of people having water meters that have turned them in already so he
can pass a message on.Sandra answered
utility records are no longer public record.He then addressed Patrick using his own words “to avoid going down a
slippery slope” would it not be more advisable to go ahead and let the people
have the whole $70 go towards a new water meter?While viewing the Town’s Utility Department
records, if 300 current water meter customers purchased a new water meter that
would be $10,000 to the Utility Department.Patrick said Mike Spencer’s advice is sound and maybe Ed should engage
in the services of an attorney and seek their counsel.