September 26, 2005



The Ellettsville, Indiana, Town Council met in regular session on Monday, September 26, 2005, 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 in the Pledge of Allegiance.


Roll Call:  Members present were Patrick Stoffers, President; William Evans, Vice President; Lisa Creech and Phillip Rogers.  Sandra Hash, Clerk-Treasurer and Mike Spencer, Attorney were also present.   Dennis Williamson was on vacation.


Supervisors Present:   Jim Ragle, Rick Coppock, Jeff Farmer, Mike Farmer, Mike Cornman and Frank Nierzwicki were present. 


Approval of the minutes


William Evans made a motion to approve the minutes for the regular meeting on September 12, 2005.  Lisa Creech seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


William Evans made a motion to pay the Accounts Payable Vouchers.  Lisa Creech seconded.  Motion carried.


New Business


Capacity Certification/Allocation Letter from Acme Development Corporation for Muirfield Subdivision Phase IV


Tyler Doades, Smith Neubecker & Associates, Inc. requested certification of flow for Phase IV of Muirfield Subdivision.  There are 15 lots that are a continuation of Phase III.  It will utilize the low pressure sewer system so that infiltration will not be a factor. 


William Evans made a motion to approve the Capacity Certification/Allocation Letter from Acme Development Corporation for Muirfield Subdivision Phase IV.  Lisa Creech seconded.  Motion carried.


Edgewood Village III Final Platt – Bledsoe, Tapp and Riggert


Frank Nierzwicki, Director Planning Services, explained the Staff Report for Edgewood Village Phase III.  The Staff recommends conditional approval of the Final Plat.  The petitioner has submitted a letter of credit to cover the public improvements; top coat of asphalt on Mustang Drive, sidewalks and street trees on the south side of Mustang Drive.  Before Town Council approval, the payment of the planning fee is also required.  He has met with the petitioner who has agreed to work with the Town Engineer for a few months to ensure proper drainage between the single family homes along Mustang Drive and adjacent homes along Reeves Road.  The petitioner has also agreed to erect a six foot, weather treated wooden fence between the single-family homes along the same streets.  The land use and street is consistent with the outlined PUD.  There are water and sewer connections.  No plans for a sign have been submitted.  Any proposed sign will need the final approval of the Planning Department.  A letter was sent to the adjacent homeowners with a summary of these plans.  Frank mentioned he would answer any questions.  Bledsoe Tapp and Riggert were not present at the meeting.  Williams Evans asked Frank what is his opinion on this?  Frank commented the overall PUD was agreed to by Town Council in the 1990s.  The information was laid out in detail what the phases were going to be.  He thinks it is consistent from the PUD that was approved in the 1990s by Town Council.  Working with the neighbors, the developer has made an effort to work on some timetables.  Also some of the neighbors are concerned about the development of this area.  One area is drainage between the homes and how that will work out.  He is working with the developer and Rick Coppock, the Town Engineer, to make sure the water drains to one of two onsite detention areas.  He will follow through to make sure that is done.  The neighbors are also asking for screening between their homes and the new development.  The developer has stated he is willing to put up a six foot wooden fence as a screen.  Screening can be trees or other items.  A letter of credit is on file with us.  He will work with them in the future to make sure the phases coming in are proper to the Town’s standpoint.  He does recommend approval.  Patrick Stoffers thanked Frank and asked for any public comment.


Gib Fisher, homeowner of property behind development, stated this has been a four year process of just letters with nothing being done.  The letters are nice but there is no who, why, when and where.  He and his lawyer would like to see an absolute timetable of when the fence will be put up.  The trees were supposed to stay in and they were cut down. 


Lisa Ridge, resident 7200 W. Reeves Road, located at the end of the development  attended the meetings in the late 1990 early 2000s and to her knowledge it was to be an over 55 years of age housing.  This is not the case and this has not been enforced.  Two weeks ago a friend, not over 55, was called to rent there.  The age is not enforced, the trees and the privacy fence has not been enforced.  The cleaning up of the project and the drainage has not been enforced.  At the September 6, 2001 meeting, it was agreed upon with Rex Voils that they did not want a fence; they wanted to keep the trees.  After reading the minutes and listening to the tapes this past Friday in the Clerk’s office, this was agreed.  Rex and Bledsoe Tapp were at this meeting.  Her husband spoke with Rex and the excavator operator on site and it was decided the trees would stay.  They were just contacted about a lot of the trees being taken down.  She feels there have been a lot of lies through this whole situation.  She also feels the Council approves this by not enforcing the rules.  Lisa Creech commented when all five members are not in agreement, the enforcement is not possible.  Lisa Ridge pointed out it was passed in the PUD the residents of this new development are to be over 55.  It was passed in the minutes to accept this PUD.  The stipulation, 55 and older, was passed by the Council and they are not enforcing it.  If this is not enforced, why should she believe anything else will be enforced?  Patrick asked Lisa Ridge if the year was 2001 that she was referring too.  Lisa replied she knows they are not the same Board Members but feels they should take a stand.  Sandra Hash clarified the September 6th meeting was a Planning and Zoning Meeting.  Lisa Ridge added Rex was very nice and agreed to everything at that meeting.  He was willing to work with everyone and the minutes do mention the development being over 55.  Patrick Stoffers asked for any additional comment.


Dick Jackson lives on West Reeves Road and does not know Mr. Voils.  There are some units still under construction.  There are units that were just finished that have people living in them.  There are no yards.  They have had all summer to get the yards in.  Mud has washed down on the road.  There is trash every where on the road.  It is like driving an obstacle course.  In July, fireworks were set off back there.  The 55 and older group was part of the original deal and as far as he knows, it still is.  The advertising on the construction trailer and the sign near the road still says 55 and over.  He doesn’t feel Mr. Voils has followed his own rules and regulations that were set out in the beginning.  He would like to see it enforced.  Lisa Creech asked if anyone made a complaint to Frank about the trash.  


Russell Ryle, neighbor on Reeves Road, has digital pictures of the problems Mr. Jackson talked about going back eight years.  This project has been a nightmare since day one.  He recommends the Council not approve anything until the next compliances are enforced and the other issues that have not been followed from the previous phases are enforced.  He wants to know the Town’s legal liability if something else is approved.  He would like to see a maximum of 60 days in writing to have the grading completed and fence up.  No occupancy permits should be issued until this is done.  The occupancy permits should be in compliance with the existing requirements of 55 and older.  If this is not done, he would like a public explanation on why.  He claimed tapes and notes are missing from past meetings in 1994.  He would like an end to this problem, get things finished and would like the enforcement. 


Lisa Creech asked Rick if it was a violation of Rule 5 for the grading not to be completed within 30 days to prevent wash off. 


W.R. Dunn, owner of Phase III, is 68 years old.  He is on the north side of the road and this phase has nothing to do with Reeves Road.  This has been approved in prior meetings for the condos and that is what he built there.  There is one unit complete.  The grading has been done and it will be seeded in the near future.  It has not been 30 days since completion.  The trees the people are talking about are on the middle of the lots on the other side of the road.  One of the lots has been sold.  Those trees do not affect the neighbors.  The fence they are talking about is 30-50 feet behind that.  There have been agreements that Rex has made and he will see to it that it happens on some of it.  A fence will be built prior to any occupancy permit given out.  There has been an agreement to a six foot fence.  He would rather have trees or a hedge put along the area because the maintenance will be better for all the neighbors.  Letters have been sent out and the majority would like a fence.  When construction is finished and the final grade is done then the fence will be put up.  Mr. Dunn asked what other complaints he needed to address.  Patrick mentioned the 55 year old age requirement.  Mr. Dunn responded he is 68 years old and there has not been a lot sold to anyone under 55 years of age.  They have been rented to younger people.  He stated it does not say the condos can not be rented.  William Evans asked if it was possible to get together with the people and see what they would like to have done.  Come to an agreement together on what the end product should be.  Mr. Dunn verified that he only owns Phase III of this development.  Frank stepped in to say he had meetings this summer with neighbors and did a survey.  The majority of the people wanted a fence.  There were some people that wanted trees.  The meeting was held in June or July.  Frank followed up with the people that attended the meeting.  Mr. Dunn will put in trees, hedges or a fence.  Frank will have another meeting, if that will help.  Mr. Dunn feels it would be easier to have it consistent for it to work.  He will put up whatever the people would like.  Rex Voils still owns the other phases and he will go along with this also.  Mr. Dunn is petitioning the north side of the road. 


David Ridge owns 7200 West Reeves Road on the end by the cul-de-sac.  The trees are on the north side of his house.  After some of the trees were taken out, he spoke with Mr. Voils and they agreed to leave what was left.  Mr. Ridge said he did not want a fence since the trees were staying.  Mr. Dunn again clarified he bought the 8 lots on the north side.  Lisa Ridge added she listened to the minutes of September 6, 2001 (on Friday September 23, 2005) where Geraldine McIntyre addressed the issue of the fence for the people before the construction was started.  On the tape, Rex stated he didn’t think they were supposed to put up a fence until the lots were sold.  Geraldine was under the understanding that it was to be put up immediately.  On tape #2 of the 9-6-01 meeting, Rex said “no problem, the fence will go up immediately and they would not have to wait until a lot was sold”.  Mr. Dunn again added that he is petitioning for the north side of the road and not the south side and he does not understand why this is coming into play with this petition.  Mr. Ridge clarified they are not talking about Mr. Dunn and the north side of the road.  The only problem they have with Mr. Dunn is the over 55 rule and the loophole with renting.  He feels the Council needs to look at this.  Mr. Ridge has seen young people and children at the duplexes.  Mr. Dunn does not deny that he rents to young people. 


Frank clarified this summer when he became involved, there were strong feelings from the development in this area.  The tree line is on a diagonal and some are in the middle of a lot.  The lot can not be built on if the trees are not removed.  The owner of the lot does have the right to build on it even if that means removing the trees.  Frank will be working with the neighbors and Mr. Voils to leave the trees at the end if they are not in the way of building on those lots.  He will be happy to work out the arrangement. 


Bob Tatlock is the owner of 7330 West Reeves Road since 1986.  He had a pool installed by a previous employee of Rex Voils.  Bob talked to Mr. Voils before he started the project on Mustang Drive.  Mr. Voils said he was going to put in senior citizen housing (55 and over) and there would be a buffer put in most likely a fence except for the agreement he made with the Ridges.  His concern is the original plan was strictly owned by Voils.  Now phase III is owned by Mr. Dunn and has under 55 living there.  This will force him to put a fence around his pool to keep children out.  If the Town of Ellettsville passes something, the old and new members should stand behind it regardless of who is on the Council.  The development behind his house is a failure and Mr. Voils’ credibility is not good.  His complaint is putting up his own fence if trees are put in and also allowing people under 55 to move in.


Russell Ryle mentioned the original minutes from the meeting held between 1992 through 1996 have “mysteriously disappeared” in the Town records.  Some of the conditions to approve this project were density, traffic volume and access.  These were some of the reasons it was restricted to 55 and over.  It is also his recollection when this was passed, that any deeds or subsequent sub selling of any of this land would require a 55 and over covenant in the deed.  This is something else that has fallen through the cracks.  There is a traffic problem on Reeves Road especially with the schools and senior center.  There would be more cars if families moved in as opposed to seniors. This lot is not engineered for that kind of traffic.  There is no provision in this plan for foot traffic.  Mr. Dunn will do a great job with his condo but this is the wrong project in the wrong place unless you reauthorize and rework the master plan.  He asked Frank what the design capacity is for this development. The original plot was cut by twenty units because it did not have the traffic capacity.  Since the original plot was approved, an access road was cut out.  Mustang Drive was supposed to have an east end road going back to Reeves Road.  The road was eliminated because it came out at the bottom of a hill.  He would like the Council to table any action until they are able to look at the whole project for density, traffic volume, traffic safety and the 55 covenant. 


Lisa Ridge mentioned again Mr. Dunn, in his own words, agreed to honor all Rex Voils’ agreements.  Does this include renting to 55 and over? 


Mr. Dunn read the covenant and clarified “50 and over”.  The covenant does not restrict renting to who ever he wishes as long as the owner is over 50.  His attorney has reviewed the information and agrees.  The Council approved the condos on the north side of the road.  The final phase could not be approved until the other condos were finished because Bledsoe Tapp needs to survey the lot line. 


David Ridge asked the Council “do you think it is right that he can buy something and then rent it out to young families when it was agreed upon 50 and older”?  He feels the Council approved 50 and older and that is what they should up hold.  Patrick commented that no one on the Council has said anything yet.  Lisa Ridge read the minutes of the April 10, 2000  Town Council meeting, Jewel Echelbarger commented “the reason for a changing of the covenant and restrictions was in order to state the minimum age of 55 and over”.  Patrick said he could get a copy of these minutes. 


Dick Jackson mentioned the builder is calling them “condos” but he calls them “duplexes”.  Mr. Dunn clarified they are “condo duplexes”.  Mr. Jackson says they appear to look 20 years old from the looks of the construction even though some are a couple of months or years old.  If you look at the location they are being built, it does not look good.


Sandra Hash responded to the missing minute comment.  To her knowledge, there are no missing minutes.  All the Town Council and Plan Commission meetings are taped.  Sometimes the tape has not worked due to recorder problems.  None of the tapes have been destroyed.  She would assist anyone who comes to the Clerk’s office to look for minutes in the books or to listen to the tapes.


Joyce Jackson, resident 7310 W. Reeves Road attended the meeting this evening to hear about the installation of a fence.  She would like the Town Council to tell everyone tonight that they will not allow people 55 and over to buy the property and rent to younger people.  The Town Council voted, passed an ordinance and to rent to 55 and younger would be a disgrace to the judicial system of the Town.


Lisa Creech advised Mr. Tatlock to look into the Indiana State Law on having a privacy fence around swimming pools to protect himself.  She has also learned in the past that verbal agreements do not hold water, especially in court; you should have a written agreement.  On the 55 and over situation, she will have Mike Spencer look into it and see if there is a legal loophole.  She then gave an example of a situation she felt violated the Open Door Law but after speaking with the Indiana Public Access Counselor it was explained the Open Door Law was not violated, but the “spirit” of the Open Door Law was violated.   Explaining when a law is made there is a certain understanding of what that law is.  Such as when the law was made for 50 or 55 and older, it was not our belief that a 50 or 55 and older would buy the property and rent to a younger person.  When we made the law we believed that people 50 or 55 and older were going to buy the property and live there.  This has been the perception of numerous people who have come before the Council.  Her

opinion is the “spirit” of that law has been violated because it was agreed upon when it was approved with the age stipulation.  So to answer the question, yes she agrees with the public that the spirit of the law is they should be of that age or older and not bought by a person and rented to a younger generation.  She then explained she is one of five.  Just because this is her belief does not mean it is the belief system of the rest of the Council.  To take action requires a quorum of three.  She applauds everyone for speaking out tonight on what you feel is right or wrong.  This is part of what makes our democracy.  We will have to rely on Mike Spencer and get his advice on where we stand.  Her opinion is the spirit of that law is being violated but whether it truly is when it comes down to the law will have to be looked at.


William Evans wants some time to research this because he was not on the Council before. 


Patrick has heard enough consternation tonight and the meeting needs to continue.  It would be his intent to table this to the next meeting. Frank felt that tabling this to the next meeting was fine. He will meet with the neighbors on the fence issue before the next meeting.  He will work with them on the trees also.  If this is tabled, he will try and have a meeting before the next Council meeting. 


William Evans made a motion that we table until the next meeting the Edgewood Village III Final Plat – Bledsoe, Tapp and Riggert.  Phillip Rogers seconded.  Motion carried. 


House of Prayer Heart a Fire Choir request a Fund Raiser Road Block


No one was present to talk about this.  Sandra explained she received a call from Martha Cornell who said she would be at the meeting to represent the House of Prayer.  Due to the gas prices, their plane tickets have gone up.  They had a road closure in the past to raise money.  Ms. Cornell did not give any dates or written information.  No action was taken.


Smithville Telephone Tax Abatement Compliance Statement of Benefits


Sandra explained it is required when a Statement of Benefits is submitted the Council should agree to their statement and acknowledges it with a signature on the second page.  No one from Smithville Telephone was present to speak on the Compliance Statement.


William Evans made a motion to approve the Smithville Telephone Tax Abatement Compliance Statement of Benefits.  Phillip Rogers seconded.  Motion carried.


Application Letter to become members of the Crane Federal Credit Union


Sandra mentioned a fireman at Station 8 would like to become a member of the Crane Credit Union on Curry Pike.  The only requirement is for the Town to submit a letter saying we would like to become members of the credit union.


Lisa Creech made a motion that we allow Sandy to write the application letter to become members of the Crane Federal Credit Union.  William Evans seconded.  Motion carried.


Privilege of the Floor – non Agenda Items


Mike Cornman, speaking as a previous Town Council member, said from August 1994 to the end of 2001 the Town of Ellettsville never violated the Open Door Law.  Lisa Creech replied she has a letter from the Public Access Counselor if he would like to see it.  Mike Cornman declined.


Don Fisher followed up from the last meeting.  A few items that he reiterated on were:

v     Concerns of street situations.

v     Water pipe repair on Sale and Vine Street.

v     Communication between departments.

v     Turn over of Council Members.

v     Sign replacement.

v     Brush removal and mowing.

v     Resurfacing streets.

v     Annexation.

v     Gas prices.  Rescind Town vehicles for private use.

v     Social agencies.


Supervisors Comments


Frank Nierzwicki will be sending out a letter to INDOT this week regarding the fire station.  Jim Davis, Fire Chief, has asked him to look into yellow flashers on the highway to assist the fire trucks out of the new fire station.  Jim would also like a stop light which Frank does not think they will be able to get.  To get a stop light, there has to be warrants, which would be a number of vehicles going through an intersection, according to the Municipal Code used throughout the United States.  To have a light only on when the fire trucks want to leave the building would be a problem because people travel the highway all the time with no light.   Then when the light is on, they will not recognize it.  Whenever a new signal is installed, there are a number of days they will be flashing to let people know of the new signal.  His opinion is, it will be pretty impossible to have a traffic light put in front of the fire station.  Patrick asked Frank if he would like to comment on any of Mr. Fisher’s statements.  Frank mentioned he and Laura have been through Town and have seen piles of brush at different times but they do not seem to be out there very long.  It tends to disappear quickly.  There have been one or two cases where he had to move a branch in the way.   They are out quite a bit monitoring the neighborhoods during the day.  Patrick mentioned he spoke with Frank the day he toured Arrowhead and he saw only two piles of brush.  From his standpoint, Jim and his crew pick up fairly quickly.  He mentioned the article in the Herald-Times about the Town employee and the very high level of dedication.  He praised Jim on the job he does.  Patrick asked Frank if he thinks the Street Department should stop picking up the brush as Mr. Fisher states.  Frank’s opinion is if it becomes a burden, a fee should be charged or stop picking it up. In this Town, he feels there is an expectation to have the brush picked up.  This is a decision the Council will need to make.  The Town is growing, our responsibilities are growing and the Council is doing a good job maintaining fiscal constraint on the budget.  All the department supervisors probably need another person or two on their staff.  What might help Jim’s department is having a cycle schedule for picking up brush.  He originally understood the pick up was for storm damage items.  It has gone beyond that.  Lisa Creech feels it is to the point people are putting out items that could go through the wood chipper.  She has discussed this with Jim before and suggested a schedule to alleviate some of the work load on Jim’s crew.  She thinks they are working short handed and are stretched very thin.  A published schedule, like in Bloomington, might help.  Frank said they work 8-5 p.m. and feels they are making some headway on some of the violations.  He has sent out over 80 letters since July 1st.   Patrick mentioned 64 letters have been sent to residents in Arrowhead in the 3rd quarter.  Frank corrected him stating 22 letters were sent to Arrowhead and 25 to Kelli Heights.  He added three driveway permits have come in and he is currently working with a couple on a driveway permit.  The enforcement is working and he is keeping Laura very busy with letters.


Lisa Creech addressed the Public Access complaint; she was using that as a parable.  She reminded Mike Cornman she was on the Council at the time that happened so she didn’t mean that as a disparagement towards his time on Council since she did replace him in the last election.  She addressed the brush issue with Jim on several occasions and hope they come up with a solution in the near future.  His men work very hard.  The next item that seems to come before the Council over and over again is the lack of enforcement of the laws.  It comes in different areas and in different packages.  She came from the Chamber of Commerce and has a mental picture of how Ellettsville should be with neighbors helping each other, clean businesses every where and keep the Town flourishing.  It seems that it is neighbor against neighbor anymore.  She thinks we still have a lot of work to go.  She feels she has tried harder than anybody to have the laws enforced.  She has spoke to the Governor’s office trying to get the laws enforced in this Town.  Something came to her at one of the last meetings; she is fighting an uphill battle alone and if she didn’t like it then she should put her house up for sale and move.  So she wants everyone to know that has come here tonight asking for the laws to be enforced, she commiserates with you and she will try everything she can.  It is a very hard battle. 


William Evans commented on some of Mr. Fisher’s statements.  He drove though Arrowhead last weekend and looked at some of the roads.  He honestly does not feel his road is any worse than some of the others.  He then mentioned they can not give an exact date on when the streets can be resurfaced.   There are many mitigating factors, giving weather as an example.  He felt Mr. Fisher made a good point at the last meeting regarding Jim Ragle replacing a stop sign that was down.   He knows Jim will replace the other signs as some point.  Jim picks up the brush to help the people when he can.  We do pick up after storms but he has done the rest to help out the people and he would hate to see Jim chastised for a job he has done throughout the years because most of the people in Ellettsville will tell you he has done a good job.  As far as the mowing, if the Town contracts that out, it will cost a great deal more than what we are paying now through the Street Department handling it. 


Don Fisher asked to give a rebuttal and Patrick Stoffers told him “No, this is my time”. 


Patrick Stoffers said Don brought up some good points.  He does not agree with him entirely.  Some are subjective in nature others are fairly objective.  He feels our Town personnel do a very good job at what they do.  He does agree with Don that a lack of personnel is an issue.  The gas price issue; a year ago today, gas was $1.90 per gallon.  Today in Indiana it is $2.76 per gallon up 86 cents per gallon on a composite of unleaded and diesel.  Combine that with the mathematicians in the Governor’s office who intend to distribute to the Town in 2006, 97% of what the Town received in MVH money in the first half of 2005 plus 96% of what the Town received in the second half of 2004.  The MVH fund is what funds the entire operations of our Street Department.  Just with gasoline, you can see how the math does not work.  The Town can not do what the Federal Government does.  The Federal Government just borrows money.  They sell $25 billion to Asia and keep writing checks.  Someone will be paying for this down the road.  We do not have the luxury to do this nor is there much sense in doing this.  With that, we work with what we have.  Jim Ragle does an outstanding job, is attentive to detail and takes care of issues when they happen.  He will not debate whether a street sign needs to be replaced, he trusts Jim Ragle’s judgment, or whether we get out of the mowing or brush business we must do what is in our best interest.  Could we do it better?  If there were another three people working for the Street Department.  He does not see how contracting an activity like mowing would save the Town any money.  You would still be paying fuel and engage in subsidizing their charges for liability insurance.  When we address a property, we do file a lien.  We get reimbursed when we do an activity at a residence.  We don’t get reimbursed tomorrow but we do get reimbursed.  As far as the Council turnover, if he had the clairvoyance to know when somebody is going to resign from the Council, he would be king of the world if he could see that.  It is a non issue because it is beyond his control.  No one knows what the outcomes of elections are going to be.  The only things for certain are Council Members do change.  It is a learning process for the first two years and then you decide whether to do this for another four years.  It makes it very difficult. An example of this is the final plat approval that was brought before the Board tonight, none of the current Council Members was in the loop on that and now they have to address it.  As for the CCI (Cumulative Capital Improvement) fund, our basic rate for 2005 was $3.68.  This is where the Street Department raises money to make capital purchases.  For 2006 the rate is going to be reduced to $3.48 per capita.  The math is upside down in Indianapolis.  He asked Sandra what the levy cap for 2006?  Sandra answered 3.9%.  This does not give a lot of flexibility.  Everyone was committed to adding a full-time employee to the Street Department and when it came down to it, the Town did not have the cash to back up the appropriation.   There are some fundamental things that happen in State Government that affects everything we do.  In satire, he calls them “mathematicians” meaning that in the worse sense.  How can you operate and fund your MVH with 96 ½ % of what you received two years ago?   With gas 86 cents per gallon higher today than a year ago.  These are the kind of issues we have to deal with.  He thinks the world of Jim Ragle, Frank, the Farmer brothers, Ron McGlocklin and Jim Davis.  These guys do a great job.  He expects them to continue doing a great job.  Does this mean we can not do better?  Of course not, we can always do a little better than what we are doing now.  He thinks Don’s comments suggest failure in some regards and these people and this Council have not failed in their mission to deliver services.  With that, he entertained a motion to adjourn. 




Phillip Rogers made a motion to adjourn.  William Evans seconded.  Don Fisher stood up and made some closing comments.  He continued to talk about the streets being destroyed.  He feels Benjamin Franklin would roll over in his grave by the way the Council is managing the funds.  He feels they are a lame duck Council.  He said they are birds of a feather that flock together.  There is a lot of talk and no action.  He is walking out because he knows what he is talking about.  He sees it and the Council is not doing anything about it.  It is not fair.  It has nothing to do with the supervisors.  He wants to know why Jim has not made a statement.  He feels we are adding services we have no manpower or money to provide.  We can not take care of what we have.  Building more properties, more responsibilities with no accountability and no money to provide what you have to do.  The Council has to provide upkeep of the streets.  It is their obligation.  Does he need to get an engineer, a petition and then a lawsuit?  This is not the way to do things.  He is an individual who is voicing out…we need action!   We need to be restrained on how we spend our money.  He wants to see an action on personal vehicle use.  He feels the Council is wasting money.  He said they can not defend that.  This has nothing to do with the tax payers’ money for services.  It is a perk.  He feels the Council lay off people and dump services.  He talked about the brush issue also.  Then the Street Department will have to borrow money for gas to make it through the winter.  You are robbing Peter to pay Paul.  You borrow through a Social Security Fund to pay for something else.  That is how government works.  Patrick interrupted Don again.  Lisa Creech said there is a motion on the table to adjourn.  Patrick asked all those in favor.  Motion carried.