April 24, 2000
The Ellettsville, Indiana, Town Council met in regular session at 7:30 p.m., Monday, April 24, 2000. Members present were Geraldine McIntyre, President; Gina Hawkins, Vice President; Jerry Pittsford, and David Sorokoty. Member John Dailey was absent. David Sorokoty led the Pledge of Allegiance and Jerry Pittsford gave the prayer.

PUBLIC COMMENTS:

Leasa Farkas said there is a GOALS meeting on Wednesday, April 26th at Terryís Banquet Center with Steve Ferguson as the speaker.

MINUTES AND CLAIMS:

David Sorokoty noted a correction to the April 11, 2000 minutes, indicating that he had nominated John Dailey to the Ellettsville Economic Development Corporation rather than naming him as a replacement. David Sorokoty made a motion to approve minutes and claims. Jerry Pittsford seconded the motion. Motion passed 4-0.

OLD BUSINESS:

ELLETTSVILLE SKATEBOARD PARK:

Geraldine McIntyre said that Jewell has recommended that the skate park be turned over to the town and that the money that Area 10 has paid for the insurance that goes to March 15, 2001 comes to the parks department. Leasa Farkas said she met with some of the skateboarders during the past week and that they need some time to develop a working relationship. They are applying for 501C3 status but have not received it yet. They need to work with an entity that does some of the things and to receive the balance of their Build Indiana funds. The Parks and Recreation Board were recently reformed and their first meeting is on April 25th. They have not had a chance to talk about this issue and thus have made no recommendation to the Town Council. The Parks Board wants to have a positive relationship and want to support the skateboarders but are not sure of the best way. They need to have a partner that has 501C3 status or a government entity to work with. If they are going to work with Ellettsville the relationship needs to be ironed out. If they do not, the Park and Recreation Board will be making recommendations to the Town council and they may not be in sync with what they would like. Leasa Farkas said she had talked to the insurance company and is not one hundred percent clear on some of the issues and what the changes are from the townís point of view if Area 10 steps out of it.

Kathy Cereski said they had not talked to the insurance company or met as an entire group to address the issues of the past two weeks and that their next meeting is scheduled for April 25th.Whatever relationship develops it should be in the best interest of the skateboarders, group leaders, and the development of the park. David Sorokoty asked about the time frame. Kathy Cereski said that they could open now, that the issue was not about insurance or money but rather having enough volunteers because an adult has to be out there. Last year their normal operating hours were Monday through Friday, 4:00 PM to dark and Saturday and Sunday 1:00 PM to dark if there was and adult present, 18 and over.

Jerry Pittsford said there was a lot of discussion at the meeting and it is too early to make any conclusive decision. His impression is that the skate park group would like to remain itís own entity without having a partnership with anyone. Kathy Cereski said having 501C3 status was so that they would assure themselves some decision-making but they definitely want to work with the community. Achieving the status may take between a few months and two years. Geraldine McIntyre suggested that this be tabled for now. Jerry Pittsford moved to table this until the next meeting. Gina Hawkins seconded the motion. Motion passed 4-0.

PROPOSED ORDINANCE CONCERNING SKATEBOARDING:

Geraldine McIntyre requested that each Board Member take this proposal and make suggestions to the Town Attorney on any changes they want and get with him as soon as possible. Geraldine McIntyre said this is being tabled. Mike Spencer said specifically what he needs is locations.

NEW BUSINESS:

ORDINANCE 00-9: AN ORDINANCE CONCERNING WORK PERIOD FOR POLICE OFFICERS OF THE TOWN OF ELLETTSVILLE:

Jerry Pittsford read Ordinance 00-9. Jerry Pittsford moved to approve Ordinance 00-9. David Sorokoty seconded.

Town Marshall Ron McGlocklin asked why the hours had been changed from 165 to 171. He was not notified as the Supervisor and it is already hard for police officers to get overtime. Thus far for this year they had spent maybe 40 hours in overtime wages. He wants to know why this is being changed. Jerry Pittsford said this would allow Ron to schedule more hours for the officers to allow them to do paperwork at the end of their shift without having to worry about kicking in to an overtime situation. Ron McGlocklin said that the council previously set the hours at 165 because the officers were not getting any overtime. It was noted the Street Department and Utility Department employees are currently paid overtime for their hour above 8 and that the Fair Labor Standards Act states that overtime must be paid for any hours over 40 and the town changed the policy to anything over 8 hours. There was further discussion on the other departments overtime, normal hours usually worked, and budgeted overtime dollars.

Jerry Pittsford said it might be time for Ron to examine the time the officers are on and to increase their hours so that they can come closer to overtime. Ron McGlocklin indicated that then you are working them more hours to get them there.

Geraldine McIntyre said that you will remember back there previously was discussion about the officers not understanding their overtime they thought they was not being paid and this was back in November and December. This change would be easier on Sandy to have this at 171 and we are the council and we had a work session that this was discussed at and they wanted to do it. I asked Gina to inform you since she is the liaison. She has told me that she has. Ron McGlocklin said Gina notified him Thursday morning and that was the first he had knew about it and he was under the impression that this was going to be discussed on April 27th, and he had no idea that this was coming up on the agenda until Friday. Jerry Pittsford said he had no idea that it was going to come up on the 27th. As far as he knew the first time it came up was at their work session. Ron McGlocklin said his impression was that it was going to be discussed before it was going to be put before the council. Gina Hawkins said she gave Ron the wrong impression then.

Jerry Pittsford said that so few of the officers are hitting the threshold that this is not going to change it significantly anyway. There was further discussion regarding how many hours an officer would have to work to hit the 171 hours. Jerry Pittsford asked how many officers had hit overtime since January. Ron McGlocklin said he imagined each and every one of them. Jerry Pittsford said over 28 days it is not very many hours and he would like to look at where we could schedule more time so that they are doing more straight time duty so that they can get closer to that threshold, maximizing the number of hours. Ron McGlocklin said the hours beyond the scheduled hours were not predictable. Jerry Pittsford said he is not approaching this as trying to take away anything from the officers, from his point of view, and was not trying to speak for the rest of the board. He is attempting to see their time increase, even though it wonít be overtime, but see the number of scheduled hours increase. Ron McGlocklin said their straight time pay would increase if they were doing an investigation but it would be harder to hit the overtime. There was further discussion about increasing there scheduled hours and how it was not known when that would happen depending on the investigation they may be working on or what they are doing. Ron McGlocklin said he schedules the officerís 8.25-hours per day, with a 6 day work week. Jerry Pittsford said so you increase the number of hours on that scheduled day. Jay Humphrey asked do you want us to work a 10 hour day, is that what you are saying? Jerry Pittsford said no not necessarily 10 hours per day but you could increase it.

Jay Humphrey said the officers had talked to him and Ron about this and that they basically work 148 Ė157 hours in a 28-day cycle, 8.25 hours per day, 6 days on 3 days off. Taking the hours up from 165 to 171 now they were going to have to work that many more hours before they get overtime because all the hours prior to 165 are straight time. We do not get paid time and a half if we work an accident out here and work three hours overtime and we did not reach that 165, we donít get overtime, we just get straight time. Is that fair? I donít know, that is up to the council to decide. We are saying it is not fair. We work overtime like a lot of other employees do but by increasing that number up to 171 we are going to have to work that many more hours which we would only get paid straight time instead of time and a half. That is one thing I am concerned about as a family man, working overtime and just getting paid straight time. These are some of the things the other officers want us to bring to your attention. The council is taking something away from us because we will have to work more hours before we get paid overtime. We hope you understand our point. Jerry Pittsford said he did understand the point but I also understand that when you are short handed you may need to increase the number of hours scheduled for the guys anyway period. I donít necessarily want to see the number of hours on patrol increase but what about using extra time on a work day to do paperwork or to have an overlap on shifts where guys can debrief each other and include that as part of your time. Jay Humphrey said that is already being done but the only way we were going to get closer to being paid time and a half was to work like 10 hour days and that would raise the total number of hours up over the course of a 28 day cycle. We would have more hours but they would be straight time hours not overtime hours. There was further discussion on the hours worked.

Gina Hawkins said that the meeting on Thursday may help to iron out some of the council members points of view as to why this was brought up and put into ordinance form as it is. She said she had to leave the work session early and did not hear the reasons or discussions for doing this.

Jeff Schunn said he had heard 3 board members say it is not really an issue, they are not getting close to that overtime, then why was it an issue enough to change? If there have been only 40 hours of overtime the past several months and it is not really an issue of getting that extra 6 hours, why was it a big enough issue to rewrite an ordinance? Jerry Pittsford said wellÖthere is the ability under the law to raised this to 171 and I donít know why anybody if you can set the limit at 171 would ever lower it. If thatís what the Fair Labor Standard Act says, is it a fair 28 day number of hours, why would you ever intentionally lower it when they have already determined that is a fair number of hours and my idea behind the whole thing was that it would be okay to increase the number of hours they are actually scheduled in a 28 day work cycle and it may even be advantageous to the department to be able to do that without kicking into overtime. Jeff Schunn said it has been 165 for a period of time and now in effect you are actually cutting their ability to make a little extra cash for their families. There was additional discussion on fire department overtime and the fact that fire personnel always meet their maximum scheduled hours. The number of hours are being increased before a police officer receives overtime and that this decreases their potential to make the overtime for 6 more hours. Jeff Schunn said if this is not a big deal why are we rewriting an ordinance? Jerry Pittsford said it is not a big deal.

Motion to approve Ordinance 00-9 passed 4-0.

RESOLUTION 4-00: RESOLUTION TO ADOPT A WRITTEN FISCAL PLAN TO ESTABLISH A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA:

Rick Coppock explained this was the second phase of the Ponton property annexation. The Phase II property is 7.5 acres for a total of 30 acres in the Ponton annexation. There are no capital improvements and the property will be developed and the developer will pay for the improvements for water and sewer. This is a voluntary annexation and the first thing to do is approve the fiscal plan you have before you. Gina Hawkins read Resolution 4-00 and moved for approval. David Sorokoty seconded. Motion passed 4-0.

ORDINANCE 00-10: AN ORDINANCE CONCERNING THE ANNEXATION OF ADJACENT AND CONTIGUOUS TERRITORY OF THE ELLETTSVILLE TOWN CODE:

Gina Hawkins read Ordinance 00-10. Rick Coppock said this is the same piece of property and this is part of the process. David Sorokoty made a motion to approve Ordinance 00-10. Jerry Pittsford seconded the motion. Motion passed 4-0.

WATER RATE ADJUSTMENT DUE TO BLOOMINGTON WATER RATE INCREASE:

Mike Farmer discussed the City of Bloomington raising their water rates by over 10% and thus our cost has raised approximately 7.9% or about $22,000.00 annually so we need to raise our rates to match that increase. For the consumer it amounts to about .08 per 1000 gallons of water consumed. There was discussion about the water rate increase, the 7-year plan associated with infrastructure upgrading, extensions, challenges with the new road, new building, more customers, more demand for service contrasted with all the things that were not done in the past 20 years and what they need to do in the next 5 to 10 years, we have a lot of catch up to do. Mike Farmer said this money is needed for capitol improvements, meter change outs, and help to a lady on Hartstraight. We had people wait for 20 years for water on Starnes and Ratliff and we have extensions going out that way. We are spending $125,000.00 extending a 12-inch water main to the west. We are doing it now because of the highway project and we need to be ready for when the businesses come in or want to relocate on the west side. When we are spending money like that and have 4-inch water mains that wonít even carry good fire protection on Dewey Drive, Chester Drive, Ritter Street, and places like that. David Sorokoty asked if the $22,000.00 would cure it all? Mike Farmer said no, it wonít keep up with it but you canít go backwards. He said Bloomington would be back with another rate increase in 12 to 18 months. Rates were raised .48 in 1995 to match Bloomingtonís increase, 1.09 across the board in 1998 to pay for a new tank and 16 inch main and that was well worth it, and todayís increase. Ellettsville water rate is .97 to be changed to 1.05 per 1000 gallons of water. There were further discussions on the rate increase.

Ed Bitner asked why there is a minimum bill. Mike Farmer said that is because that is the way it is and all utilities charge a minimum bill. Minimum bill covers the labor and expenses. Geraldine McIntyre discussed the line extended to the school several years ago. William Bueckers spoke about the increases and about how the only people paying is the current residents of the town and when are we going to get a break and let some of these other people start paying. Everything is progression. I havenít seen a tax break and neither have any of the people of the community. When these people get in here are we going to see some relief? Geraldine McIntyre said I hope so. There was further discussion on this.

Ed Bitner asked when all this growth we are supposed to have in Ellettsville, when is it going to oversize the Town of Ellettsville and we are going to have to put in a new sewer plant and new water main and raise the rates to pay for all that? Mike Farmer asked if he wanted the day. No, just that you said with all this coming in we wonít have to raise rates because of this money we are bringing in. When all these people come in they are going to raise anyway to build all this new stuff. Jeff Farmer said the sewer plant is at 50% capacity it will be when the town is twice as big or we use twice as much sewer. Thatís when.

Rick Coppock spoke about utilization of the current plant, maintenance of the system, one day reserve of water in the tank, and the rate structure. Annexation will help keep the rates down.

Jerry Pittsford made a motion to approve the water rate increase. Gina Hawkins seconded. Motion passed 4-0.

Mike Farmer told the council that the state has agreed to reimburse the town for relocation of 4 inch main we took over from the school system in the highway right-of-way. The state will reimburse the town $7632.24 and they have a standard agreement for this. This is the same agreement that we had on the east side. Jerry Pittsford made a motion to approve the INDOT agreement. Gina Hawkins seconded. Motion passed 4-0.

SUPERVISORS

Mike Farmer

Mike Farmer discussed one-lane traffic on the west end of town due to Robinson Construction doing sewer work for us and that they would be crossing the road. He further discussed overtime and that his utility workers do not consider it a perk, that it is hard earned wage and after they go over 8 hours they consider that hard earned wage and a fair compensation.

Ron McGlocklin Ron said that Jay Humphrey and Brian Mobley took an instructors development course at Plainfield. They are now certified state instructors. Ron McGlocklin stated in reference to mike farmerís comments that a perk is what the town gives not what the employee gives because they get called out all hours of the night too but we do not make that overtime rate.

Bill Land updated the council and discussed the east Ellettsville plan and itís boundaries as well as the new highway. He further discussed that the plan would include drainage, subdivisions, recreation, green space, signs, and utilities as well as the timeline and survey questions. He noted the steering committee members as Frank Terkhorn, Mary George, Kevin Farris, Dick Metcalf, and Don Moxley. Completion target date is late July. There was further discussion of aerial photographs. David Sorokoty indicated the timeline looked great and that Spectrum Studios and Kendal Reeves would take the photographs. Geraldine McIntyre said that she had been working with the main street committee and the EEDC and thought they had put in for a grant from Cinergy for this purpose and that it takes 3 get the grant. She did not know if Leasa Farkas has got very far on it or Gina Kapzinski. We need to talk to them to see if they have applied for the grant to get the money. There is no matching money to it. Bill Land said the plan he gave them for publication might have some substantial changes after it is published.

Sandra Hash said her minutes are now available on the Internet and that there was no taxpayer cost associated with this. The newspapers have the address.

PUBLIC COMMENTS

William Bueckers presented 3 new reserve deputy marshals for the council to approve: Jeff Gatlin, Mike Waggoner, and Brandon White. The new total number of officers will be 24. After a number of questions, David Sorokoty made a motion to approve the 3 new reserve deputy marshals. Jerry Pittsford seconded. Motion passed 3-0.

Geraldine McIntyre announced that there would be an executive session concerning personnel. On April 27, 2000 starting at 6:30 PM. Jim Davis will be first, followed by Mike Farmer and Jeff Farmer at 7:00 PM, Ron McGlocklin at 7:30 PM, and Jim Ragle at 8:00 PM. The subject will be performance reviews.

ADJOURNMENT

Jerry Pittsford made a motion to adjourn. David Sorokoty seconded. Motion passed 3-0.