Roll Call: Members present were Dianna Bastin, President; David Drake, Vice-President; Scott Oldham, Phillip Smith and Dan Swafford. Sandra Hash, Clerk-Treasurer; Mike Spencer, Town Attorney and Rick Coppock, Town Engineer were present.
Approval of Minutes
Bastin entertained a motion for the approval of the minutes for the Regular Meeting
Accounts Payable Vouchers
Dianna Bastin entertained a motion for actions to pay Accounts Payable Vouchers. Scott Oldham so moved. David Drake seconded. Motion carried.
Resolution 16-09 Section 125 Cafeteria Plan Amendment
Sandra Hash explained the Section 125 Cafeteria Plan allows employees pre-tax premiums on group health insurance, dental insurance and group term insurance. The pre-tax deductions are exempt from Federal, State, Social Security and Medicare tax. Before this new amendment, employees could only sign up or make changes when they were hired or at the beginning of the year. The Children’s Health Insurance Program Reauthorization Act of 2009 permits a plan to allow special enrollment for eligible but not enrolled employees or dependent children who either (1) lose coverage under a Medicaid or a State Children’s Health Insurance or (2) become eligible for group health plan premium assistance. This is an amendment to our current plan to include this new section.
Drake made a motion we adopt Resolution 16-09.
Scott Oldham seconded. Roll call
vote: Dianna Bastin – yes; David Drake –
Community Access Television – Michael
Michael White, General Manager CATS (Community Access Television Services) spoke with Sandra Hash who explained to him the Town is considering using the franchise fees to make up some of the shortfall on the upcoming budget. The Town and CATS has had a contract since 1998 since that time they have covered over 400 Richland Bean-Blossom School Board meetings and Town Council meetings shown over thousands of time. CATS is in the process of becoming available for broadcast on cell phones. Mr. White stated Smithville Telephone is making a $90 million investment, providing digital fiber optic speed to the homes. Mr. White explained since 1998, CATS has never requested more than 50% of the franchise fee from any of the Municipal partners. They use the 50% to provide service and guarantee coverage. The Town brought in $25,000 in franchise fees revenue last year and CATS is requesting 50% of that. CATS believe Ellettsville is a technologically growing town and the public meetings have changed. Many residents (because of age or disabilities) can not attend the meetings and rely on seeing the meetings on television. Mr. White is asking the Town to remain a partner with CATS.
Sawford asked why the
Discussion concerning the Director of Planning Services position
Scott Oldham, Liaison for the Planning Department made the motion
that we immediately terminate the Director of Planning Services. Phillip Smith seconded. Roll call vote: Dianna Bastin – yes; David Drake – yes; Scott
The following took place before the vote was taken
Dianna Bastin announced public comments will be heard with a limit of three minutes.
Karla Frownfelter, Ellettsville resident spoke about the Police taking cars home. She talked about different ways to cut the budget and asked if there were other options. Scott Oldham answered this was not done as a “budgetary issue” but a “personnel decision”. Dianna Bastin stated the Council does not comment on personnel matters. Ms. Frownfelter would like to get rid of the Town Council and look for a Town Manager. She feels the Town will start to move backwards without a Town Planner and that Frank has done a very good job for the Town.
David Drake explained the Council can not go over anything since it is a personnel issue but does owe some explanation. David Drake likes Frank but that is not what this is about. This is about whether the Town is getting its money worth out of his efforts and work; the Council agreed the answer was no. There were a lot of people in the audience that had great things to say about Frank but there are two sides to all stories. The Council needs to listen to all the criticism from the people who disagree with them without being able to defend themselves. The Council is doing what they think is right and did not take anything lightly.
The roll call vote was taken.
Red Flag Policy (Identity Theft Prevention Program) requirement of the Federal Trade Commission
Sandra Hash explained the Federal Trade Commission adopted regulations in 2007 requiring all utility companies and other entities that act as creditors and provide certain types of accounts to enact the “Red Flag Policy” to protect consumers from identity theft. This Federal regulation is 16CFR part 681. The Federal Regulations do not require the “Red Flag Policy” to be adopted in the form of an ordinance but the policies are required to be formally adopted by the governing body. Mike Spencer has reviewed the proposed policy and made suggestions. Sandra incorporated Mike Spencer’s suggestions and would like the Council (along with Mike Spencer) to review the policy for action at the next meeting. Sandra stated the Town has never had a written policy but there are safety precautions in place. The “Red Flag Policy” has guidelines for computer safety.
Tony Bowlen, Town Marshal announced the Police Department is in the process of filing an application with the Indiana Criminal Justice Institute for a $3,000 grant to participate in “Operation – Pullover” starting October 1. Phillip Smith asked if most of the communities will receive the money. Tony Bowlen said “the majority”; size and population determine how much money is actually received. “Operation – Pullover” is a seatbelt and concentrated period of OWI (Operating While Intoxicated) enforcement.
Privilege of the Floor
$300,000 Stimulus Package Deadline
Frank Nierzwicki said he was a professional and worked professionally
for the Town of
Planning Department Job Comments
Frank Nierzwicki respects the members of the Town Council. Frank is looking at a transitional type of
situation. He understands he was just
terminated; he looked at his personnel file this afternoon and his last
evaluation was “excellent”. The State of
Mary Lou Nierzwicki spoke in support of her husband.
Karla Frownfelter asked if the Plan Commission was still going to be in place. Would Connie Griffin be acting for the Heritage Trail plan? Scott Oldham said yes. Karla Frownfelter suggested getting rid of the “lead guys” in other departments to save money. Dianna Bastin clarified the Town still has a Planning Department.
Voluntary Annexation - Blackwell property
Ann Blackwell thought her property was going to be annexed into the Town this evening. She met June 15th with Frank Nierzwicki and attended the July 9th Plan Commission meeting where everything was approved. She was told everything would be voted on this evening at the Town Council meeting. Mrs. Blackwell has renters waiting to sign contracts for this property. She expressed her disappointment. Dan Swafford asked Mike Spencer what paperwork needs to be completed at this point. Mike Spencer said there needs to be a “plan and ordinance”. The fiscal plan needs to be approved before the ordinance is approved and it takes two meetings to pass an ordinance. Mike Spencer has not received a fiscal plan. Sandra Hash stated the fiscal plan was presented to the Plan Commission but it was not in Resolution form. What needs to be done is the fiscal plan needs to be put into Resolution form and sent to Mike Spencer along with a copy of the deed for an ordinance to be prepared. Ann Blackwell has a copy of the legal description. Dan Swafford will speak with Ann Blackwell after the meeting to make sure it is on the next meeting’s agenda.
This is the first time David Drake has heard of this and asked what property is being discussed. The property is on the west side of Ellettsville and has had car lots there for twenty years. Sandra Hash stated the property was recommended for approval by the Plan Commission during their July meeting. The legal description would be forwarded to the attorney.
Planning Department Job Comments
Chris Fisher, on behalf of
Dave Grimm spoke in support of Frank Nierzwicki.
Jeana Kapczynski, President of
David Drake made a motion we adjourn. Dan Swafford seconded. Motion carried. Dianna Bastin adjourned the meeting at