December 27, 2005

The Ellettsville, Indiana, Town Council met in regular session on Tuesday, December 27, 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; Phillip Rogers and Dennis Williamson. Sandra Hash, Clerk-Treasurer and Mike Spencer, Attorney were also present. Lisa Creech was absent due to illness.

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

Approval of the minutes

William Evans made a motion to approve the minutes for the regular meeting on December 12, 2005. Dennis Williamson seconded. Motion carried.

Action to Pay Accounts Payable Vouchers

William Evans made a motion to approve the Accounts Payable Vouchers. Phillip Rogers seconded. Motion carried.

Appointments for the Park Board

Patrick Stoffers presented to the Council appointees for the Park Board; Brett Williamson (R) term ending 12/31/09 and Michael Griffey (D) term ending 12/31/07.

William Evans made a motion to appoint to the Park Board Brett Williamson (R) term ending 12/31/09 and Michael Griffey (D) term ending 12/31/07. Phillip Rogers seconded. Motion carried.

Sandra will swear them in at the next meeting.

Resolutions

Resolution 14-05 Transfer of funds

William Evans read the resolution in its entirety:

WHEREAS, it has been determined that more money is needed than is currently
available in certain funds and appropriations:
THEREFORE, be it resolved that the following transfers are hereby authorized:
From:	P-353	Electric	$ 342.67
From:	P-313	Physicals	$ 200.00
To:	P-244	Miscellaneous	$ 542.67
From:	P-351	Trash Removal	$ 83.80
To:	P-242	Film & Batteries	$ 83.80
From:	P-353	Electric	$ 102.28
To:	P-243	Uniforms & Gear	$ 102.28
From:	B-341	Fleet Insurance	$ 41.18
To:	B-402	Furniture & Equipment	$ 41.18
From:	B-321	Telephone & Fax	$ 80.41
To:	B-215	Office Supplies	$ 80.41
From:	B-341	Fleet Insurance	$ 5.03
To:	B-215	Office Supplies	$ 5.03
From:	B-341	Fleet Insurance	$ 4.42
To:	B-211	Postage	$ 4.42
From:	B-117	Planning & Zoning Members	$ 875.00
From:	B-118	Code Enforcement Assistant	$ 147.99
To:	B-215	Office Supplies/Permit Forms	$ 12.99
To:	B-394	Training	$ 1,010.00
From:	MVH-341	Fleet Insurance	$ 4,492.31
To:	MVH-124	Worker's Compensation	$ 4,492.31
From:	LRS-361	Roads and Alleyways	$ 12,596.61
To:	LRS-441	Equipment	$ 12,596.61
Dated this 27th day of December, 2005

William Evans made a motion to adopt Resolution 14-05 Transfer of Funds. Phillip Rogers seconded. Motion carried.

Resolution 15-05 2005 Encumbrance List

William Evans read the resolution in its entirety:

WHEREAS, The State Board of Accounts requires the end of the year
encumbrances be entered into the permanent record of the Ellettsville Town
THEREFORE, be it resolved that the following purchase orders are hereby authorized:
Town Administrative
5135	Visa	G-396	$73.96	Gift Packs (Spencer&Coppock)
5137	Certified IT	G-365	$450.00	Set-up & Install Computers
5143	ISU The May Agency	G-345	$705.00	Clerk-Treasurer Bond
5145	ISU The May Agency	G-345	$500.00	Crime Policy
5192	Viking Office Products	G-224	$103.59	Computer Paper
	Fund Total		$1,832.55
Planning & Building Department
5169	Sunoco Credit	B-221	$62.50	Fuel Charges
5170	Visa	B-215	$187.11	Office Supplies
5171	Visa	B-211	$13.49	Postage
5172	Visa	B-215	$127.18	Toner Cartridges
5173	Visa	B-394	$300.00	APA Membership Dues
5174	Visa	B-394	$125.00	Subscription
5175	Visa	B-394	$88.95	Planning Books
5195	Visa	B-215	$12.99	Copy Paper
5196	JAMAR Technologies	B-394	$1,010.00	Traxpro Software
5198	Richard Landgrebe FM	B-402	$185.85	2 Radios Programmed
	Fund Total		$2,113.07
Fire Department
5162	Visa	F-223	$90.00	Locks & Keys
5163	Interstate Battery	F-231	$78.95	Battery
5164	The Uniform House	F-243	$22.03	Belt
5165	Office Depot	F-213	$86.28	Copy Paper
5166	J&S Locksmith	F-223	$149.95	Ramp to Shed for Mower
5185	Visa	F-214	$139.50	USB Cable
5186	Hoosier Tire	F-231	$129.72	Tires - 1994 Chevy Caprice
5187	Edgewood Automotive	F-231	$1,072.76	Monthly Charges - Fire
5188	Medtronic	F-223	$1,000.00	Recalibrate AED's
5189	Medtronic	F-223	$337.46	CD for use with AED's
5190	True Value Hardware	F-234	$170.35	Monthly Charges - Fire
5191	B&L Communications	F-223	$1,471.06	Portion of Matching Grant for Radios
5193	Sam's Club	F-213	$431.60	Office Supplies
5194	Sam's Club	F-233	$192.14	Cleaning Supplies
	Fund Total		$5,371.80
Police Department
5140	Sunoco Credit	P-221	$1,407.92	Fuel Charges
5144	Cinergy / PSI	P-353	$1,584.54	Electric
5146	Crime Prevention Resources	P-242	$249.00	Training DVD's
5147	Kustom Signals	P-232	$415.00	Antenna & Cable
5148	Sam's Club	P-233	$112.53	Cleaning Supplies
5149	Fox's Cycle Sales	P-244	$200.00	2 Helmets
5150	Sergeant's Police-Fire-EMS	P-243	$125.50	Badges
5151	Smithville Telephone	P-323	$222.00	Telephone
5152	Quill	P-213	$2,319.86	Office Supplies
5153	Visa	P-221	$50.64	Fuel for Heaters
5155	Menard's	P-244	$295.55	Kerosene Heaters
5156	ECS, Inc.	P-232	$1,124.00	2 Radios
5157	Galls, Inc.	P-243	$500.00	Uniforms
5158	HP Products	P-421	$88.75	Ice Melt
5159	Hoosier Tire	P-231	$222.85	Tires, OLF, Mount & Balance
5160	True Value Hardware	P-244	$76.01	Monthly Charges
5161	Edgewood Automotive	P-231	$35.72	Monthly Charges
5197	Neal's Garage	P-231	$300.00	Repairs to Car - EV 7
5202	Atlantic Tactical	P-243	$130.94	Holster for Glock
	Fund Total		$9,460.81
Motor Vehicle Highway
5177	Mullis Petroleum	MVH-221	$1,374.52	Fuel Charges
5178	Clark Truck Equipment	MVH-231	$1,482.00	Tailgate Spreader - Dump truck
5179	Cintas	MVH-234	$144.49	Uniform Charges
5180	Visa	MVH-231	$399.99	Fuel Tank & Pump
5182	United Building Center	MVH-231	$153.10	Boards for 14' Trailer
5199	Edgewood Automotive	MVH-231	$561.62	Monthly Charges
5200	True Value Hardware	MVH-233	$128.54	Monthly Charges
	Fund Total		$4,244.26
Local Roads & Streets
5183	Cargill, Inc.	LRS-244	$1,913.43	Bulk Ice Control
5184	John Naylor Trucking	LRS-242	$970.02	De Ice Sand
5203	Wabash Ford-Sterling	LRS-441	$14,685.20	Payment on 2006 Dump Truck
	Fund Total		$17,568.65
Parks & Recreation
5201	Hanna Trucking	Parks-231	$2,367.00	Stone - Nature Park
			$2,367.00
Total Encumbrances for 2005			$42,958.14
Dated this 27th day of December, 2005

William Evans made a motion to approve Resolution 15-05 2005 Encumbrances. Dennis Williamson seconded. Motion carried.

William asked if the code could be amended to say “as written”. Patrick said the State requires it “to be read” into the records and Sandra agreed.

Ordinances on First Reading:

Ordinance 05-27 amending Chapter 36 of the Ellettsville Town Code concerning Paid Time Off for Town Employees

Jim Davis, Ellettsville Fire, introduced this ordinance to clear up some confusing wording regarding PTO hours for all Police, Fire and 40 hour a week employees. The wording will now be the same for each section and easier to understand.

Ordinances on Second Reading:

Ordinance 05-26 adding Chapter 154 to the Ellettsville Town Code creating a Redevelopment Commission

Frank Nierzwicki, Director of Planning Services, stated this is the second reading and is recommended by the Plan Commission for Council approval. Dennis asked when it will take effect. Patrick answered upon passage and the appointments to that Board will likely be in January. Patrick went on to say this also forms a Department of Redevelopment and we will be compelled to review the Salary Ordinance and look at some of the duties to assign in regard to administering that department. There is still some work to do.

William Evans made a motion to adopt Ordinance 05-26 an ordinance to add Chapter 154 to the Ellettsville Town Code concerning creating the Ellettsville Department of Redevelopment. Phillip Rogers seconded. Motion carried.

New Business

Water Rate Increase

Michael Farmer, Ellettsville Utilities, presented a packet with a copy of the news release about the water rate increases. He explained the proposal from Ellettsville Utilities to increase the water rate due to the City of Bloomington Utilities rate increase. Their request is currently in front of the Indiana Utility Regulatory Commission (IURC). Once approved, they will raise Ellettsville’s wholesale water rate. The total increase will be about $52,000 annually. It will be a 12.3% increase which will be passed on to the customers. The cost would be approximately nineteen cents per 1,000 gallons. After the Council’s approval and Bloomington’s approval with the IURC we will begin a thirty day approval period with the IURC. Dennis asked “Is Bloomington’s rate increasing 11%”? Mike said that is the number he has read and thinks that will be their total rate increase. Dennis then asked why our increase is 12.3% and are we making money on this. Mike said “we are not going to make any money on this”. None of this money is going to Operations and Maintenance Budget. This will be strictly to pay for the water. The rate was figured by the Town’s accountants, H.J. Umbaugh. Patrick added that while the City is raising a certain percentage, we don’t necessarily have it, this is a composite rate between their wholesale rate, residential rate and irrigation rate. It extrapolates to the wholesales customers (like us) to be 12.3%. Mike Farmer agreed. Dennis wanted to make sure we are only going to pay what they will charge us and no more. Mike said “if they (Bloomington) are denied the full increase then we would make an adjustment in our increase”. Patrick added this is called a “rate tracker”, it tracks with their rate. Whatever rate they end up with, our rate (as far as the tracker) is reflective of that. Mike said our rate will mirror exactly what they charge us. If there is a change in the charges or rate it would mirror the change. That would be the tracking factor.

Patrick stated two motions would need to be made. One to approve Exhibit 1 and assuming passage, we would need to approve Exhibit 5. Also, for the record, he has a material conflict of interest with his employment with the City of Bloomington and can not vote on this. He does support the Town engaging in the rate water tracker because of the wholesale increase of the water we purchase from the City.

William Evans made a motion to approve Exhibit 1 of the Verified Statement in Support of Change in Schedule of Rates to the Indiana Regulatory Commission. Phillip Rogers seconded. Motion carried. Patrick Stoffers abstained.

William Evans made a motion that we adopt Exhibit 5 Legal Notice of Filing for a Change in Water Rates by the Ellettsville Municipal Water Utility. Phillip Rogers seconded. Motion carried. Patrick Stoffers abstained due to conflict of interest.

Request for Final Plat approval – Union Valley Farms Subdivision Section Five

Sandra announced the bond has not been received. Frank asked for this to be tabled again.

William Evans made a motion to table the Request for Final Plat approval – Union Valley Farms Subdivision Section Five. Phillip Rogers seconded. Motion carried.

Request for Final Plat approval – Prominence Point Subdivision Phase IV

Bernie Guerrettaz of Bledsoe, Tapp and Riggert, introduced Joe Smith of Quality Realty and Development. He went on to explain this is the last phase of Prominence Point. The letter of credit has been submitted to Sandra and he pointed out the Mylar’s were in front of the Town Council members. He is respectively requesting approval and signatures. Dennis clarified this was the very south end. Frank mentioned he has been working with Bernie and Joe on this project for the last year or so and has made a lot of progress with good quality homes. The Planning Department does not have any problems with this and recommends approval. He will continue to work with both men on drainage and other issues as they come up. Sandra commented they overpaid their final plat fee. When Town changed their zoning regulations the final plat fee became $75. The old code called for a per lot fee in addition to the $75.00. She asked permission to give the developer a credit. Patrick said this was fine and asked Mike Spencer whether this needs to be voted on or not. Mike Spencer said it would depend on whether they want a credit or not. Bernie said they can apply the $41 overpayment to a building permit. Frank Nierzwicki agreed to work with them. Frank also pointed out a typographical error on Sheet 2 of 2 of the Plat. It says Autumn Ridge Subdivision and should read Prominence Pointe. Patrick said this also needs to be changed on the Mylar.

William Evans made a motion to adopt the Request for the Final Plat approval – Prominence Pointe Subdivision Phase IV. Phillip Rogers seconded. Patrick requested they amend their motion to include the correction on Sheet 2 of 2.

William Evans also make a motion that we request on Sheet 2 of 2 the change from Autumn Ridge Subdivision to Prominence Pointe Subdivision Phase IV. Phillip Rogers seconded.

Patrick said they would vote on the second one first to amend the plat. Motion carried.

Patrick then asked for voting on approval of the Plat. Motion carried.

Supervisors’ comments

Jeff Farmer, Ellettsville Utilities, reminded the Council in the fall he presented the information on purchasing a sewer camera. He explained they researched three companies and one of the companies did not perform an on-site demonstration. They received quotes from Deeds Equipment and Rapid View. Both cameras had great qualities in different areas. Through research and speaking with other utilities he would like to purchase the Rapid View camera. Dennis asked if we have the money. Jeff said they would pay for this out of the Capital Expenses and yes there is money.

William Evans made a motion that we adopt the purchase of a sewer camera from Rapid View for $74,999.00. Phillip Rogers seconded. Motion carried.

Ron McGlocklin, Ellettsville Police Department, explained the Memorandum he handed out regarding a job promotion (Sergeant) within the department. This position and job description was posted in August. There were three excellent candidates who applied for the position. On December 6, interviews were held with the Staff Review Board and Department Liaison. Each candidate was given 30-45 minutes for their interviews. All this fell in line with Section 36.230 of the Ellettsville Town Code. All candidates were eligible to apply. On December 7, 2005 the Staff Review Board met with the Department Liaison and went over the candidates’ interviews, questions and answers. Their recommendation is for Deputy Marshal Russell Harris to be appointed to the rank of Sergeant. Ron would like this to take effect upon passage from the Council on December 27, 2005. William Evans concurred with the Marshal on the choice. They were all good candidates and they feel the best one was selected. He then asked Ron why this needs to be effective “tonight” and not the first of the year. Ron explained this is the end of their 28 day cycle. Their new pay period for the overtime starts today.

William Evans made a motion to promote Officer Russell Harris to the rank of Sergeant in the Ellettsville Police force effective December 27, 2005. Phillip Rogers seconded. Motion carried.

Ron then requested a meeting with the Council President, Department Liaison and Clerk in reference to some Departmental issues that should be addressed in a special meeting sometime before the end of the year or right at the beginning of the New Year. Patrick said he will try to schedule something this week.

Sandra Hash thanked all the Department Supervisors and her Deputy, Amber, for all the hard work they have done to get the encumbrances together. They did an excellent job.

Dennis Williamson felt we had a good year and would like another one next year. His resolution is for world peace in the New Year and it should start in the conference room and community. Peace can happen. He wished everyone a Happy New Year.

William Evans asked Ron McGlocklin to update him on the Police Station. Ron said Mr. Neidigh requested a payment on the AIA portion for $16,000.00. We still owe $14,000.00. There are still some issues that have been faxed to him at least six times with no response (locks). Today it was discovered there is dry wall problems on the ceiling and walls. There has been no communication with Mr. Neidigh for several months.

William would also like to wish everyone a Happy New Year.

Adjournment

Phillip Rogers made a motion to adjourn the meeting. William Evans seconded. Motion carried. Meeting adjourned 8:10 p.m.