August 22, 2005

The Ellettsville, Indiana, Town Council met in regular session on Monday, August 22, 2005, at the Fire Department Training and Conference Room. Patrick Stoffers called the meeting to order at 7:30 p.m. Lisa Creech led in prayer and Phillip Rogers led in the Pledge of Allegiance.

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

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

Approval of the minutes

Lisa Creech made a motion to approve the minutes for the regular meeting on July 25, 2005. William Evans seconded. Motion carried.

Action to Pay Accounts Payable Vouchers

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

Pre-adoption public hearing on the 2006 budget

Patrick Stoffers asked if anyone would like to address the Council and no one came forward.

Resolutions

Resolution 08-05 to adopt a written Fiscal Plan and to establish a policy for the provision of Town services to an annexed area (Linda and Clyde Frye and Kenton and Roberta D. Robinson property at the corner of Deer Run and Chester Drive)

Frank Nierzwicki explained these two properties are adjacent to the Town. The property is already served by Ellettsville Utilities. There would be no cost to the Town to provide service to this area. There were no questions or public comment on this.

William Evans made a motion to accept Resolution 08-05 to adopt a written Fiscal Plan and to establish a policy for the provision of Town services to an annexed area (Linda and Clyde Frye and Kenton and Roberta D. Robinson property at the corner of Deer Run and Chester Drive). Phillip Rogers seconded. Motion carried. Lisa Creech abstained.

Ordinances on First Reading

Ordinance 05-18 to amend sections 33-75 – 33.78 and to add sections 33.79-33.81 of the Ellettsville Town Code concerning fees and charges.

Sandra Hash explained these were concerns the Police Department brought to the Council’s attention. Ron McGlocklin, Town Marshal, spoke with Mike Spencer and the clerk about bringing the charges and fees up to date compared with other agencies. Stuart York, of The Journal, asked if there was a charge for fingerprinting. Ron responded there was no fee for fingerprinting.

Ordinance 05-19 concerning the annexation of property on the corner of Deer Run and Chester Drive owned by Linda and Clyde Frye and Kenton and Roberta D. Robinson.

Frank Nierzwicki, Planning Department, mentioned the request for annexation is very straight forward as stated earlier. This property is already adjacent to town with water and sewer services. Dennis Williamson asked to have a copy of Rick Coppock’s map on this property along with a description for the next reading.

Ordinance 05-20 Illicit Discharge and Connection of Storm Water

Ordinance 05-21 Storm Water runoff Associated with Construction and Post Construction Activities

William Evans made a motion to table Ordinance 05-20 Illicit Discharge and Connection of Storm Water and also Ordinance 05-21 Storm Water runoff Associated with Construction and Post Construction Activities. Phillip Rogers seconded. Motion carried.

Ordinances on Second Reading

Ordinance 05-15 Additional Appropriation

Sandra explained these were for DNR grants for the Fire Department. One is secured and the other has been applied for. The $5,000 grant has been awarded and receipted into the books. The fire department is asking permission to appropriate the money to spend. The $11,000 request is for a grant they are applying for. The Cumulative Building and Equipment Fund has a non appropriated cash balance. Jim Davis, Ellettsville Fire Department, mentioned they have been very fortunate to receive these grants from the Department of Natural Resources for the last three years. It is a 50/50 grant with $5,000 being the maximum. The Fire Department match is out of the Cumulative Fund. They are replacing personal fire fighting equipment with grants.

Lisa Creech made a motion that we adopt Ordinance 05-15 Additional Appropriation on the Fire Departments behalf. William Evans seconded. Motion carried.

Ordinance 05-16 to amend Chapter 10.00 of the Ellettsville Town Code by adding

Section 10.95 and 10.96 concerning the Violations Clerk and by amending section 10.99

Sandra noted this ordinance would appoint the Clerk-Treasurer as the Violations Clerk for civil penalties under $100. Dennis Williamson asked for some examples of the Violations Clerk’s duties. Sandra explained she would collect any ordinance violation fees under $100 (i.e. burning, parking). When you receive an ordinance violation notice, you have the option to either deny it; asking for a court hearing or pay it. If they want a court hearing, then the Clerk would have to refer it to the Council for a decision.

Lisa Creech made a motion to adopt Ordinance 05-16 to amend Chapter 10.00 of the Ellettsville Town Code by adding Section 10.95 and 10.96 concerning the Violations Clerk and by amending section 10.99. William Evans seconded. Motion carried.

Ordinance 05-17 establishing a Fire Department Communication Equipment Fund

Sandra explained this ordinance is due to the agreement with Mid-America Radio to lease the antenna space on the communication tower at the Louden Road Water Tower site. The proceeds would be divided between the Fire and Water Departments. The Fire Department would like the monies placed into a non reverting fund for updating their communication equipment. William Evans questioned if the Water Department would have a special fund for their half of the proceeds. Sandra responded their portion would go into the Maintenance and Operations Fund and would not require a special fund. This Ordinance is setting up the Fire Department portion and it doesn’t deal with the water portion.

Lisa Creech made a motion that we adopt Ordinance 05-17 establishing a Fire Department Communication Equipment Fund. William Evans seconded. Motion carried.

Old Business

Litten Estates Subdivision Phase I Final Plat – Bernie Guerrettaz and Brian Hearne

Bernie Guerrettaz of Bledsoe Tapp & Riggert and Brian Hearne of Hearne Development are requesting final plat approval for Litten Estates. There are 24 homes in the first of two phases of this single family residential project. Construction started in May after the rezone phase. The sewer and water are in place. The final underground utilities will be completed this week. The letter of credit is on file with Frank Nierzwicki. The bond is for sidewalks, street trees and final surface coat. Frank read his staff report recommending approval of Final Plat Phase I. The land use for this (PUD) calls for single-family dwellings, two-family dwellings, multiply family dwellings and also a commercial center. Phase I is single-family dwellings. Future phases will include a mix of single, two- family, multi family and commercial. The development in Phase I is consistent with the PUD requirements for; connectivity between neighborhoods, public streets and pedestrian access. The next phase of this development will require the continuation of the above mentioned items. Special consideration will be needed for street connections to State Road 46 and pedestrian-bicycle-vehicle interactions within the PUD. Currently, the only street is connected to Ridge Springs Subdivision but the construction traffic will enter from State Road 46.

Lisa Creech made a motion to adopt the Final Plat of Litten Estates Subdivision Phase I. William Evans seconded. Motion carried.

New Business

Ellettsville Community Fun Fair October 8, 2005 request closing Park Street

Larry Clark, House of Prayer, requested closing Park Street from The Street Department to the baseball diamond for the safety of the children. There will be people to watch the children. The hours will be from 1 p.m. to 5 p.m. Saturday October 8, 2005. They would like the street shut down at 12 p.m. Patrick Stoffers commented that upon approval, the street department would put up the barricades. Dennis Williamson suggested closing the street until 6 p.m. for clean up. Larry felt the street could reopen at 5 p.m. because they do clean up during the fair and there is not a mess afterwards.

Lisa Creech made a motion to close Park Street on Saturday, October 8, 2005, from 12 p.m. – 6 p.m. for the Ellettsville Community Fun Fair. William Evans seconded. Motion carried.

Contract with Jim Gordon, Inc. for a postal meter in the Clerk’s Office

Sandra explains the Clerk-Treasurer’s office currently has a postal meter that is not at peak performance. We have a good working relationship with Jim Gordon, Inc., whom furnished our copier. They offered a contract that is $10.00 less per month than the current one. It also has better print quality.

Lisa Creech made a motion to adopt the contract with Jim Gordon, Inc., for the new postal meter in the Clerk’s Office. William Evans seconded. Motion carried.

Contract with Peoples State Bank to provide Direct Deposit

Sandra explained this has been an on going project we have been working on all year. Mike Spencer has gone over the contract and suggested some changes with the bank. The bank accommodated all the requests and made the changes. Mr. Spencer reviewed the contract again and had three additional requests, which were clarified with the bank today. The contract is now complete. This will allow Peoples State Bank to be our host bank to accommodate direct deposit with no fees. The next step is to meet with the employees and sign them up for direct deposit. Sandra mentioned the town is being audited and she talked to the auditor about starting the direct deposit since there is no withholding on the 40 hour per week employees. It can be done but there will not be much time to prepare. The payroll for all new employees is now held back for two weeks. Patrick replied we have not discussed this as a council when to get going with this so we have a little window of time. Our staff has to sign up for it and we have to test account and routing numbers. Sandra added we also have to install the required software. Lisa asked if this would be only with Peoples. Sandra answered Peoples will be the host bank and employees may choose their bank. It will be routed through Peoples. The payroll must be completed by 2 p.m. on Wednesday in order for it to be posted to employees accounts by Friday. Patrick said we need 48 hours for it to go through the federal system.

Lisa Creech made a motion to adopt the contract with Peoples State Bank to provide Direct Deposit. William Evans seconded. Motion carried.

Supervisors Comments

Frank Nierzwicki, Planning Department, sent out letters regarding the Ellettsville smoking ordinance 34-01 through 34-05. The letter is letting people know the ordinance took effect January 1995. Any new businesses with public places can have a non smoking area. If they do, there has to be a notification sign both inside and outside the building. He has contacted the people that have the public places and he has received one letter back thanking him for the information. He will continue to monitor this.

He had a meeting on August 11 with the business people at Eagle’s Landing to talk about the sign ordinance. Six people attended. There was a good discussion about legal and illegal signs with the people from INDOT. This will be an ongoing, educational process with the businesses downtown and elsewhere in town.

Dennis Williamson attended a meeting with Main Street. They discussed holiday signs and when the snowflakes will go up. Jim Ragle mentioned the street department has the snowflakes and brackets. Dennis also attended the Richland Bean-Blossom Community School Corporation meeting held at the Fire Station conference room. They sent a thank you letter to the fire station for letting them use the facility and for their support.

Lisa Creech congratulated the fire department for their excellent response time on a fire run and the police department on their professionalism and hard work while answering a call to her neighborhood. She mentioned Gentry Martial Arts will be leaving Ellettsville August 31. They are a great business who has helped many children and they are active Chamber members. She then pointed out the Street Department handles all the maintenance and streets throughout town. They are bogged down and have not added to their department in a number of years. The Town has grown tremendously and it has increased their work load. When people do not mow their grass or remove their trash the street department ends up taking care of it. Lisa asked everyone to take care of their yards so others do not need to be hired forcing our taxes to go up over time.

Adjournment

William Evans made a motion to adjourn. Phillip Rogers seconded. Motion carried.

Meeting adjourned at 8:04 p.m.