September 11, 2006




The 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 7:30 p.m.  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 Williamson. Sandra 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


William 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. 


v     General Fund’s budget is $1,862,455, which includes the Administration, Planning, Fire and Police Departments.  This will now include Redevelopment.  Richland Township will contribute $460,914 toward the fire protection and Bloomington Hospital will contribute $40,672 toward staffing the ambulance at the fire station on Curry Pike.

v     County Option Income Tax is estimated at $360,000.

v     Motor Vehicle Highway’s budget is $459,159.  The Motor Vehicle Highway 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, totaling $69,678.

v     Park and Recreation budget is $20,575.

v     Local Roads and Streets, Law Enforcement Continuing Education and the Cumulative Funds equal $206,045.

v     The debt service fund for the Police and Fire equal $326,000

v     The total budget for 2007 is $2,874,234

v     The Maximum Levy Growth Quotient for 2007 is 4.4% up from 3.9% in 2006.


Dennis Williamson commended Sandra Hash on the good job she has been doing each year. 


William Evans made a motion that we adopt the Final Budget for the Town of Ellettsville for the year 2007.  Phillip Rogers seconded.  Motion carried.


Open Bids for 1997 Ford Crown Victoria Patrol Car


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 Ellettsville Town Code concerning overtime for Firefighters


Jim Davis explained 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 Firefighters.


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 hiring


Jim Davis presented 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. 


William 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 Ellettsville Town 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. 


Dennis Williamson made a motion Ordinance 06-16 be adopted with the corrections of the numbering system.  William Evans seconded.  Motion carried.


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 the Town. 


William 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 Wever property


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. 


William 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 carried. 


Supervisor Comments


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. 


The 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.


Dennis Williamson moved that we accept the Capacity Certification Letter for the Elementary School Athletic Sports Complex as presented.  William Evans seconded.  Motion carried. 


Frank Nierzwicki, 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 10 a.m., 11:30 a.m. and 4 p.m.  He would also like to wish his mother a Happy Birthday this week.


William Evans announced the Reserves worked 427.35 hours in August.


Public Comments


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 noon to 6 p.m. between the old Tobacco Road store and the church.  There will be free food. 


William Evans made a motion that on October 7, 2006 we close the road on Vine Street in front of the church so named from noon until 6 p.m.  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 midnight 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.