October 11, 2005
The
Ellettsville, Indiana, Town
Council met in regular
session on Tuesday, October 11, 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 William Evans 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, Jeff
Farmer, Mike Farmer, Rick Coppock and Frank Nierzwicki were present.
Approval of the minutes
Lisa
Creech made a motion to approve the minutes for the regular meeting on September 26,
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.
Resolutions
Resolution 11-05 Establishing Reverse
Auction Procedures
Sandra Hash explained “Reverse Auction Purchasing” is a new,
state-approved way for local government to purchase products that will save
taxpayer dollars through competitive bidding.
This new procurement tool offers real-time competition for municipal
business by linking web-based technology to the traditional bidding
process. The Reverse Auction Purchasing
allows vendors we select to compete for our business through a competitive
environment. IACT brought the program to
Indiana in 2004 as a service to local officials. Reverse Auction Purchasing has helped local
governments in Indiana save an average of 10% on products. The Town needs a new dump truck and snow
plow. The specs are included in the
packet. The Reverse Auction is the same
as a sealed bid auction with the added opportunity for bidders to lower their
bid. IACT has partnered with Iasta, an Indiana based company specializing in online bidding, to
provide the technical component of reverse auction purchasing in Indiana. There is no
direct charge to municipalities for the service. The suppliers pay a 2 1/2 % fee of the total
bid price. This resolution outlines the
Reverse Auction procedures using Iasta. It also explains the Transmission of Notices,
Solicitations and Specifications. She
would like to strike on page 2 from the resolution B1b posting the invitation to bid on the Town’s website. Iasta will post the
information on their website and we will publish it twice in the local
newspaper. The bidders are prequalified
and will submit their specifications for us to review without the price. If the specifications meet our
specifications, then they will be invited to bid. Iasta
will help us put the bid package together, all the descriptions, the needed
materials and they will set up the timeline.
The actual reverse bidding will take about 30 minutes online. A document is prepared with all the
information about the bids. Then we will
choose the one that meets our specifications and criteria with the lower price. There is the 30 minute window where the
actual bid prices are listed. Brownstown
used this procedure and saved about $4,000.
Patrick asked if all the bids would be shown or just the lowest. Sandra thinks all the bids will be
shown. Lisa asked if Jeana updated the
web page. Sandra replied John Fleck
helped her and the Chamber update the web page.
This Resolution is giving permission to establish the Reverse Auction
procedures. Dennis verified striking B1b
and then questioning 2b providing
information on the website. Lisa
mentioned having a statement on the website with a link. To make it less confusing to the user, it
will be published in the paper and also linked on the Town’s website.
Lisa Creech made a motion to amend Resolution 11-05 Establishing
Reverse Auction Procedures by striking B1b.
William Evans seconded. Motion
carried.
Lisa Creech made a motion that we adopt Resolution 11-05
Establishing Reverse Auction Procedures as amended by the stricken part
B1b. William Evans seconded. Motion carried.
Resolution 12-05 Transfer of Funds
Sandra explained some funds need to be moved around to cover
fuel cost through the end of the year.
She spoke with Patrick and the supervisors. Both the Street and Police Departments are redirecting funds. Patrick asked for any public comment. Greg Hudson thanked President Bush for
raising the gas prices giving us cleaner air to breathe.
Lisa
Creech made a motion to adopt Resolution 12-05 Transfer of Funds. William Evans seconded. Motion carried.
Ordinances on First Reading:
Ordinance 05-20 adding Chapter 53 to the
Ellettsville Town Code
concerning illicit discharge and connection to the storm water drainage system
ordinance.
Rick
Coppock, Bynum
Fanyo and Associates explained this ordinance is part of the Town’s compliance
requirements with IDEM to comply with Rule 13.
This ordnance is a boiler plate ordinance drafted from information
received from IDEM. It gives the Town
authority to prevent and enforce any illicit discharges into the Town’s storm
water system, which is anything that is not actually storm water. Examples would be various types of chemicals,
gasoline and oil that could be discharged either by direct running into the
system or by washing off from other surfaces.
This is part of the Town’s overall compliance and gives us some teeth to
enforce illicit discharges if we come across them. It also sets up some inspections and fines if
people do not comply. Lisa asked about
construction activity being one acre or more.
A lot of times the lots in Town are a quarter acre or less. Sometimes the builder only disturbs the one
lot at a time and not the others. This
would leave a legal loophole. Rick
mentioned this is answered on the next ordinance. They are also working on a grading and
erosion control ordinance which will deal with the construction activity. Patrick asked Rick to explain Rule 13. Rick explained Rule 13 is a requirement for
municipal entities that have separate storm water systems called MS4
sites. The Town is a MS4 entity and is
required by IDEM to adopt these rules to help protect the storm waters of the
state and nation. Part of Rule 13 is implementing
a series of ordinances, activities and public information and education that is
designed to help the community make our water less polluted. This teaches
people what not to put into storm water systems. It is the first part, the implementation and
recommending period. There will also be
rules implemented that regulate and monitor the Town’s own activity such as street sweepings and other things. It is an ongoing process requiring record
keeping of how the Town complies with IDEM requirement for Rule 13. Patrick added this is very expensive. Rick agreed and added this has been phased
in. The Town is in Phase 2 along with Bloomington, Monroe County and Ivy Tech.
Phase 1 was the larger cities in the state. William asked how long we have to
comply. Rick said there is a schedule
and these ordinances are to be adopted in 2005.
Part A and B have been submitted and Part C is in the process. Part C is the last Phase to get the Town into
compliance with the Rule. The time
schedule submitted to IDEM stated the Town would have these ordinances in place
in 2005. Patrick asked for public
comment. Greg Hudson asked if HAZMAT
played into this at all. Rick said if we
had a hazard spill, it would be covered in the procedures. Ed Bittner asked Rick to explain about the street
sweeping. Rick answered they would still
sweep the street. Part of it would be
how much salt and sand you put down on the road and then how much you sweep up. A comparison would be made to determine the
amount lost. It establishes record
keeping of different items. Dennis Williamson asked if we have to identify every drain in the Town
to be regulated. Rick said yes and there
is a time schedule. This year 25% is
supposed to be complete. The Street Department
has a map and have identified 98% of the system. That component of the program is already
done. The Street Department took maps and
aerial photos and mapped the storm sewers.
We are well ahead of that component.
Ordinance 05-21 to amend Chapter 152 of
the Ellettsville Town Code by
adding Chapters 152.170 - 152.179 concerning regulating storm water runoff
associated with the construction and post construction activities in the Town
of Ellettsville.
Rick
Coppock stated this
is part of the same program. This
ordinance deals with construction and post construction activities. This will allow enforcement action and gives
the Town staff permission to enter properties to inspect activities. It sets up guidelines for enforcements and
penalties that could be assessed if someone was not in compliance with the
ordinance. It goes hand in hand with
another ordinance in process concerning grading permits which goes more into
design and the actual erosion control methods for site development. This will give the Planning Department the
authority to issue a stop work order on a project until the items are remedied.
Patrick added this is mandated through Phase 2 of the Clean Water Act as the
previous ordinance was.
Old Business
Edgewood Village III Final
Plat
Frank
Nierzwicki, Planning
Department, explained to the Council this request is from the petitioner to
have the Final Plat Phase III of the Edgewood Village development approved.
The recommendation from Staff is to table this petition until the October 24, 2005 Town
Council meeting. The Petitioner and Mr. Voils have agreed to
work with the Town and the adjacent neighbors to develop a plan for the project
in their area. Before the October 24th
meeting, a written development agreement needs to signed by the Town and the
above mentioned developers. This
development agreement needs to spell out the type of barrier between the development
along Mustang
Drive and
the homes along Reeves
Road. Also a grading plan development along the
north and south side of Mustang Drive needs to be made.
The development agreement must also spell out a time table for the
grading and the construction installation of the barrier. Mr. Dunn and Mr. Voils need to address code
violations along Mustang
Drive and
have a plan to correct these violations by the October 24th
meeting. He held a meeting October 7th
(last Friday) in the Fire Department Training Room to discuss the type of
barrier the neighbors on Reeves Road would like to have.
What they recommended was a weather treated fence that would run between
them and the development on Mustang Drive. Mr. and Mrs.
Ridge would like the trees behind their lot saved as much as possible. Mr. Dunn and Mr. Voils
indicate this is a workable plan. He
will set up and attend a meeting with Mr. Voils and the Ridges regarding the
trees. He has been in contact with Mr.
Dunn and there is an eagerness to get this done. He received a question at the last meeting
concerning the covenants on this property.
He included a copy of the most recent covenant dated April 16, 2001. Then he
included an unsigned letter that he finds to be timely and relevant from the
former President of the Ellettsville Town Council, David Sorokoty, stating the issue of the
covenants. Included was a diagram of the
Edgewood development along Mustang Drive and the Edgewood Village meeting attendance sheet. William Evans added the height of the fence
at 6 foot was discussed. Lisa Creech read from Section 4 of the covenant stating, Occupancy
at Edgewood Village is limited to households in which at least one household
member is age 50 or above. This
limitation shall not apply to ownership, but only to occupancy if owner and
occupant are not one in the same. She asked if he would come into compliance
with that in this neighborhood. Frank
says this would be an issue. The
developer and the buyer of the property need to be in compliance with the covenant. Patrick asked if this covenant is part of what
he is brokering. Frank replied this is
a side issue. He initially started
working on the barrier and code violations along Mustang Drive. Patrick asked
him to make this meeting a core issue and not friends issue in resolution. He will not sign off on this until all the
issues are resolved. Lisa mentioned that
by state statute if there is no action like a homeowners association or other
formal account, the covenants will fail until a new home owners association is
formed. We need to cure all the issues
including the core issues. Dennis Williamson asked about the map and where Phase III was
listed.
Ben Bledsoe of Bledsoe Tapp and Riggert, representing Mr. Dunn,
pointed out the different phases on the map.
He spoke with Mr. Voils regarding the fence and drainage issues. He made it clear that Mr. Dunn only owns the
Phase III area (units 9-16 on the map).
Mr. Dunn can only make commitments towards those units. The road was bonded by Mr. Voils so he has
access to these lots and he can do the grading and improvements. The tree line, fence and the grading issues have
to be dealt with by Mr. Voils who is not part of the plat we are trying to get
approved. He feels Mr. Dunn is caught in
the middle. He agrees with Frank on the
fence issue, there needs to be a time frame on it. He spoke with Mr. Voils who agrees there
needs to be a fence or some trees. The
key issue is the timing on when it happens.
It is Mr. Voils’ understanding there was an agreement that fence would
be put up as he developed the lots. The
trees line that runs through the middle of the subdivision lots can not be
saved in their entirety. The storm sewer
system was installed and is working. It
is difficult to get Mr. Voils to work on some of these issues and it isn’t him
trying to get the final plat to be signed.
He wants to know how Mr. Dunn can have his plat approved and also take
care of Mr. Voils’ subdivisions concerns.
He is open to suggestions. Lisa Creech asked if Mr. Voils is the contractor for Mr. Dunn’s
buildings. Mr. Dunn affirmed. Lisa feels Mr. Dunn does have a little
control and leverage. Mr. Bledsoe also
brought up the age questions. His
thought is for the Town and Mr. Dunn to seek legal advice to protect
everyone. Frank mentioned this
development started 11 years ago.
Working with Mr. Dunn and Mr. Voils recently, he can not go back and say
what happened then but knows that presently they want to correct the situation
and get on with the construction. He is
willing to work with them to comply. He
is also working with the neighbors with a number of meetings. Bill Evans attended the meeting on Friday night. There have been opportunities for some of the
Town Council to look at the situation. It is the benefit of Town that Edgewood Village is built out.
It is advantageous to the developers, land owners along Reeves Road and to the Town this development be completed. He is dedicated to working with the neighbors
and the developer. The time tables, agreements
and drainage issues will all be worked out.
We have the frame work started, we need to follow through and carry on
to the next stage. Lisa agrees with
Frank this is advantageous and needs to be built out but how? If it is built poorly, it will not be
advantageous for the homeowners. Frank
said this is his objective to have this built out correctly. Patrick asked Frank if he knows what the
concerns are and suggests he has some resolutions to the issues on the table
for the October 24th meeting.
Frank wants to have a meeting as soon as possible so the information can
be reviewed by the Council before the October 24th meeting. Bill asked Frank if he got the developer and
residents together to talk this over.
Frank said not at this point. He
will work on a getting them together.
Patrick opened the floor to public comment.
Jewel
Echelbarger
presented Edgewood Village development as a PUD to the Town of Ellettsville and Planning Department. She has all the history and no one has talked
to her. She is the President of the 48
apartments. Edgewood Village was designed as a retirement community. There is a serious problem with people who
have breeched this agreement. In 2001 we
were at the Council meeting discussing the same issue. This development was planned as a retirement
community. It is not age discrimination
to have a retirement community. It is
age discrimination for a realtor to sell to a person who is not in the right
age group. There are people who have
bought this property, that feel bad about it and do not know how to get
out. She was told Mr. Voils was going to
put up a limestone block sign saying Edgewood Village Retirement
Community. If this sign was there,
anyone walking in would know it is a retirement community. The people along Reeves Road have been through a lot as this retirement community
was being developed. They have always
worried about children from the schools cutting through their property. They have asked the developer to please not
let this happen. The Town Council has had this same discussion about the trees and
fences in past minutes. What Frank is currently
investigating, has previously been acted on by the Town Council. She suggests
the Council sticks with the signed covenant that says occupancy at Edgewood Village is limited
to household in which one household member is age 50 or above. This limitation shall not only apply to
ownership but only to occupancy if owner and occupant are not one in the
same. The PUD has the lot lines right up to each other. It is not big or wide enough to be a family
community. It is designed as a
retirement community and that design needs to be respected. She will be out of town October 15-25. If she can get back before the 24th
meeting, she will. She expects the Town
to keep their promises to the good people of the Town of Ellettsville. These plans
for a retirement community need to be respected for the people who have
purchased homes. Lisa looked up on the
internet about redlining. That is what realtors call it when they
discriminate against someone. She read
the definition on redlining. Jewel added
the Town approved zero lot lines in this community.
Roger Click, resident on Mustang Drive, brought up the drainage issue. The drainage system is in place but it
doesn’t work. There is a lot of flooding
on the lots. The water comes up within a
few feet of his neighbor’s lot. The road
has also flooded several times. He
called the utilities once when it flooded.
The storm drains along the street were blocked and they cleared it
out. After it stops raining, it takes
12-36 hours for the water to recede. He
feels the drain system does not work.
Ellen Ranard, resident on Mustang Drive (Mustang River). She bought
her house in April to live close to the Endwright Center and has so many problems. It is just now livable. The mosquitoes are horrible and she has an
issue with the condos being rented out to younger families with children. She pulled out of her driveway one day and
almost backed in to a little boy on a bicycle.
It is a dangerous situation. She
thought she was moving into a retirement place with older people. There are dogs, cats and kids and not the
retirement community she thought she was getting in to. She lives in the last house and knows about
the storm drains. After the water went
down the drain, there is a hole that bubbled for two days. It is not in the path the water travels down from
Reeves Road. Lisa commented
on the drainage problem. She
acknowledges all the homeowners in Ellettsville are having drainage
problems. She thinks the Town needs to
address it every where.
Russ Ryle, resident 7350 Reeves Road, brought up when this development was put together
initially, they went to DNR because they built through a flood plain and needed
to get an approval. He has never seen
the approved DNR flood plain and the structures are not in compliance with the
DNR flood plain plan. He hopes the Town
will check the DNR flood plain and have the engineers look at to make sure it
is in compliance. He has spent the four
days trying to get between DNR and IDEM to get the history of this
project. Who does what in the state has
changed several times. He is still not
sure who to talk to. IDEM has a simple
administrative policy for gross violations, a $25,000 per day fine. The Town has a Plan Unit Development and as
long as there are structures with people the Town is in the business of
occupancy monitoring and making sure that plan is followed. He distributed a letter to each member of the
Council. He is going to wait until the
first of the year to seek legal action against the Town. He hopes the five points in the letter are
attended to before then especially the establishment of an ongoing review of
the occupancy and structures being properly built. He thanked Jewel for speaking and bringing up
that the property is not zoned for young families. He has also searched the web and found out
the current condos being built do not qualify for Section 8 housing. They are not within minimum guidelines.
Dick Jackson, resident for 30 years on West Reeves Road (Owen County Freeway), spoke about the heavy traffic
use. When school started this year he
counted traffic. From 7 a.m. until 8:30 a.m. there were 795 vehicles. Most
of it school traffic but a lot was work commuters. If you allow younger people to move into the
“duplexes”, that will increase traffic.
He feels the Town should “hold their feet to the fire” on the original
agreements that were drawn up in the beginning and enforce them. There are all sorts of legal retirement
communities all over the country. He
suggests they do what the agreements were in the beginning and if they don’t
comply then just put a stop order to all the
construction.
Sandra read a letter from Lisa and David Ridge who were unable to attend tonight’s meeting. Their points were:
v Age restriction in Edgewood Village
v Trees along edge of the property
v Appreciation to Frank and Mr. Evans for meeting with them
v The Town requiring larger bonds from developers
v Not rushing to approve this final plat
Frank
recommends tabling this until the next Council meeting October 24, 2005 in the mean time working out an agreement with all
the parties. Lisa requests all the
Council members know about future meetings since this is in Dennis’ ward. Frank apologized and will make sure they know
from now on.
William
Evans made a motion to table the Final Plat for Edgewood Village Phase
III. Phillip Rogers seconded. Motion carried.
Citizen Concern- Don Fisher
Don Fisher reiterated to the Council:
v Private use of public vehicles
v Problems with high gas prices
v Fuel Budget comparison of all Departments
v Maintenance costs for vehicles
v Frank working to get additional money
Lisa
addressed his concern about the private use of public vehicle with a situation
of when she was in the Police Academy. When police
are off duty, this means without pay, they can still assist on duty
police. Also, she drove her company car
to the meeting this evening. Her company
pays for the car, gas and the plates.
She does have to account for every personal mile and pays $25 per week
for personal use. At the end of year the
mileage is compared to see if more is owed.
Patrick
asked Ron to come to the podium. He then
read a study done in Tacoma, Washington regarding take home vehicles. The study found, looking at relative cost on
take home vehicles, the annual economic cost of officers taking vehicles home
are $800 per year less than parking the vehicles. The conclusion is the current policy of
allowing officers to take police vehicles home provides additional benefits due
to officers responding to emergency calls while driving to and from work,
responding to calls more quickly providing citizens with an increase sense of
safety by having cars parked in neighborhoods and better care of police
vehicles provided by the officers at their homes. He then clarified the additional money for
fuel was transferred from one appropriated line to another. Moving money from an under used account is
different than doing an additional appropriation. Also the County Council has problems crafting
budgets and that is why they are contemplating $400,000 in additional
appropriations for medical expenses that the Sheriff noted has always been under
budgeted. He then asked Ron if he has
been monitoring the off duties miles.
Ron answered he gave a memo to all the officers to drive to and from
work only and no off duty driving. The
police drive to Bloomington Prosecutor’s Office everyday to drop off case
reports. All arrests are taken to Monroe
County Jail. Patrick and Ron have
discussed “hypothetical” situations (tornado) and what would the state of the
department had been if the officers did not have their cars at home. Ron commented that if the cars were parked at
the department in 2002 when the tornado came through Ellettsville, they could
not have responded quickly. At that
time, the cars were not parked and the officers responded immediately. The police are taking precautions now and
cutting back but they are not cutting back on police services for the people in
the Town. Every car has the equipment
for the officers to do their job. First
aid kits and all equipment the police need to function with are in the
cars. The fire, police, and street
departments are not at their buildings 24/7 but if they are needed, they have
their vehicles. Patrick asked the on
call status of the officers in the department.
Ron replied the department SOP, which the Council voted on; states the
officers are on duty 24/7. William
mentioned Mr. Fisher brought up the idea that County Police are working at night.
He asked how many times a year does our Police Department back them up since they only have 2 or 3 officers on
duty. Ron answered they have between 2
and 4 but our police officers work 2 in a rotating shift, spilt shift and 2 at
night. We do help them upon
request. Monroe County also has an agreement with Stinesville to help
patrol. Patrick said that Mr. Fisher is
not wrong and it does cost more money now than it did before to fuel the
vehicles. It is “penny wise and pound
foolish” and we are not dipping into cash reserves. He doesn’t feel our situation is unmanageable
today and doesn’t think our situation will be unmanageable in 2006. Don Fisher felt the conversation between Patrick
and Ron a “rehearsed playwright production”.
He said a police officer has the jurisdiction whether in a police car or
not to make a citizens arrest. He also
commented on:
v State police showing up for 911 calls
v Police being expendable when they are off duty
v Monitoring off duties cars
v Questioned why are we driving to Bloomington
v Does not know of a situation where Jim or Ron needs
their cars off duty
v The Police and Fire Department in separate new
buildings
v Uncontested and appointed Council positions
v Council members drawing money and receiving health
benefits
v The Council is the departments boss
v The Council isn’t having monthly meetings with the
departments
v Not knowing the Council meetings were changed to the Fire
Station
v Departments are well equipped and trained
v Money needs to be monitored
v Street Department needs to add an employee
v Wanted to know the amount of money to be received from
the additional wheel tax enacted by the County
Patrick
respectively disagreed and asked the Council if anyone wanted to make a motion
to park the cars. William clarified that
he and Patrick held a Supervisor’s meeting last Thursday and none of the
Council members receive health benefits or retirement.
New Business
Contract with Bynum Fanyo Environmental
for providing sampling and testing services as required by IDEM Rule 13
Rick
Coppock explained
sampling storm water of the Town.
Samples are taken from the creeks before a storm and are tested to establish
a baseline sample. There are three
sampling points; up stream of Jack’s Defeat Creek off Hartstrait Road before it enters the Town, the other side of the
treatment plant of Jack’s Defeat Creek after it leaves the Town and the small
portion of headwaters of McCormick’s Creek that originates in the Town limits. This proposal is to sample those sites and
prepare a report. A sample is also taken
when there is a rain event to get the first flush comparison to get the initial
run off. Sarah May, who works for Bynum
Fanyo, currently does the testing for Ivy Tech.
The samples need to be taken within the first half hour of a rain event
which Jeff Farmer and his guys will do and then Sarah will run the
tests and perform the report as required by IDEM. Dennis asked who will take the samples. Rick answered Sarah will take the baseline
samples and Jeff Farmer’s guys will take them when it rains. Dennis asked who will be sampling the other
end of McCormick’s Creek and what will we be comparing that sample to. Rick said the County will be taking their
sample of McCormick’s Creek. All samples
are required to be tested for the same things under IDEM Rule 13. The County will want to look at our samples
since we are at the upper end of the water shed.
Lisa
Creech made a motion that we approve the Contract with Bynum Fanyo Environmental
for providing sampling and testing services as required by IDEM Rule 13. William Evans seconded. Motion carried.
Agreement with H.J. Umbaugh &
Associates for financial advisory services relating to a Municipal Storm Water
Utility
Patrick
Stoffers explained he and William Evans met with Jim Ragle and Rick trying to figure out the impact of Rule
13. What are our obligations today and
years down the road? We have been bearing
significant expenses in regard to Rule 13.
He asked Sandra to put together some information respected of our
expenses in 2004 and 2005. It was $27,381.39
in direct expenses since January 1, 2004. This does not
include the amounts paid to Jim
Ragle’s crew. We need to figure out what we are facing now
and the coming years. The contract is
from Umbaugh and Associates. The meeting
was with John Seever. We want them to
analyze and make some objective guesses on what our expenses will be down the
road. We need to know if we should
continue to pay for these activities the way we are. In the contract Rick will evaluate the
equivalent units respective to storm water and they will do an analysis for us
and decide if we are paying for this in the smartest way. They will evaluate in the terms of forming a
Storm Water Utility. The contract is for Umbaugh to do the
objective work and help us figure out what to expect in the out years. Rick mentioned all we have done for Rule 13
is developed ordinances and some mapping.
They have estimated the budget numbers per year at $30,000 which may be
on the low side since there is no information to base it on. The Town could be looking at $40 - $50,000 a
year easily since it is intensive man hours.
Part of the program is walking the Town and finding the illicit
discharges. With the cut backs at DNR,
the Town will be doing more erosion control inspections and site
inspections. It is going to be an
expensive program and it is mandated by the state with no funds tied to it. Mike Spencer said there are no hourly rates
listed in the contract. Lisa suggested
we table this and Patrick agreed since there is a flexible window of time to
get the objective study. He asked for
public comments. Don Fisher came to the
podium and talked about his dad being a WWII Veteran and the flag meaning a lot
to him. He started to discuss the brush
and Jim Ragle not making comments.
Lisa interrupted him and reminded him we are talking about the H.J. Umbaugh contract.
Dennis Williamson made a motion that we table this until we get the
hourly rates. William Evans
seconded. Motion carried.
Citizen Concern - Greg Hudson
Greg Hudson has filled out a complaint and would like an
answer. He would like police
comments. Patrick asked him what his
question or complaint was. Greg asked if
he could read his writing. Patrick can
read it but does not understand the complaint.
Greg responded the police took his Jeep out of his mother’s driveway
without legal authority armed with a gun.
He felt he has been falsely accused, taken to jail and had full cavity
searches 12 times. All cases were
dismissed. The police have provoked him
with gestures making him think they were attempting to shoot at him. He feels his rights have been violated
intentionally and he has been provoked with the intent to kill. He would like an explanation, the Board’s
answer or the police comments. Patrick
does not have anything to express on this.
Regarding the vehicle, he understands it to have been adjudicated
several years ago. Patrick will take
the opportunity to look into Greg being falsely accused. Greg would like to know when he can return
for opinions and the police comments.
Patrick said the next meeting is October 24th. He will not require the police to speak at
this time either; they should be allowed the courtesy to look into this. Greg mentioned the police slander his name at
the coffee shop.
Privilege of the Floor – non Agenda
Items
Don Fisher reiterated:
v Brush in
Arrowhead, Chandler
Drive and main
street going out of Town
v No timely schedule on brush pick up
v Lack of equipment and manpower
v Gas situation not helping
v Bloomington’s sanitation pick up
v Counter statement on Frank’s statement on the brush
v Street fissures; street will be pulverized this winter
v Sale Street is not a street to be proud of
v Blank signs
v Someone needs to step up with a plan
v Repeating brush and street complaints
Lisa
Creech interrupted him and let him know she is the liaison to the Street
Department but she is left out of a lot of things. She was very upset with a lot of Don’s
comments. The only reason this council
meeting is long is because Don can not get to the point and mention the same
thing over disparage the Town employees.
She feels Don owes the Town employees an apology because they do a very good
job. He has a right to speak his opinion
but he needs to get to the point.
Patrick asked him to conclude his statement and thanked him.
Charles Jacobs, Deputy Marshal Police Department, has two applicants seeking appointment as Reserve
Deputies for the Town of Ellettsville, Matt Drake and John Tyler Bruner.
He has completed all the required background investigations and both
gentlemen have finished the state’s mandated requirements. Matt Drake is 22 years old and a Loss
Prevention Officer with a major retail chain.
He is currently enrolled at Ivy Tech seeking a degree in Criminal
Justice. John Bruner is 23 years old, a
Security Officer and has a Bachelor degree in Criminal Justice from Indiana University. They have
been through a very intensive interview process. They are very happy with both of them. William asked why he didn’t know anything
about this until now. Charles apologized
and said they have been going through this process since April.
William
Evans made a motion to accept Mr. Drake and Mr. Bruner as the Reserve Police
Officers. Phillip Rogers seconded. Motion carried.
Sandra
swore both gentlemen in.
Greg Hudson approached the podium again and discussed his
concerns about the Police
Department. Patrick
said he would not address his assertions and thanked him for his comments.
Supervisors Comments
Sandra Hash is attending a meeting October 20, 2005 regarding the Fair Labor Standards. This
meeting will cover the police and fire pay procedures.
Dennis
Williamson attended a Main Street meeting. There
is currently a survey being sent around to the former and present members of Main Street asking for an assessment of the program. There will be a meeting October 19, 2005 to discuss the results. He also spent 8 hours studying for the
meeting this evening; reading the ordinances.
There is a lot that goes on behind the scenes, going to meetings and
talking to people. He is the Rookie of
the group and he is still learning. This
is a tough job and if anyone wants to try it, they should get into the ballot
booth and vote their self in. He is
going to fulfill his commitment.
Lisa Creech questioned Frank and Ron about the fines in the
parking ordinance and if they were still working on it.
Phillip Rogers had no comments.
William Evans complimented Jim Ragle. He would
never second guess him on his supervisory expertise or the job he does for his
department. He has done a wonderful job
for the Town of Ellettsville for a long time.
He picks up brush, just as a service to people, when he can. “Bulk Day” is this Saturday. This is a day when you can get rid of all the
bulky items for free. Patrick added it
will be at the Solid Waste Transfer Station and Recycling Center. Bill said to
answer one of Mr. Fisher’s questions; we can not give him a definite time or
day to start black topping his street.
He suggested if Mr. Fisher is retired, he might want to go into the
business of hauling brush for people.
Patrick
Stoffers added information on the Solid Waste District Bulk Day
on October 15th. There is a public
service message and a list on their website of the materials that can be dropped
off. If there is an appliance with
Freon, you need to take it to the facility on South Walnut and there will be a
fee. He will be there volunteering along
with William Evans.
Ron McGlocklin reminded the Council and public of the Hilly Hundred
weekend. The Reserves will be out in
full force working Friday through Sunday.
The Hilly Hundred compensates the Reserves for their time. The ride starts Saturday heading west. William asked Ron about the check list on the
Police Station. Ron said Mr. Neidigh has
several things that need to be completed.
He has sent him 8-12 faxes on items that need to be fixed and repaired
with no response. Ron and one of the
Council members had a conversation with Mr. Neidigh two weeks ago at which time
Mr. Neidigh said he would get right on it and nothing has been done. Ron got a call from Sanders requesting
payment for Mr. Neidigh on the final completion of the building. With the Council’s approval, he would like to
turn all this matter over to Mr. Spencer to check on legal procedures to get
Mr. Neidigh to finish the project.
William Evans reported 11 Reserves worked 372.7 hours for the month
of August and 10 Reserves worked 275.6 hours in September. We all appreciate it.
Adjournment
Patrick
Stoffers adjourned the meeting at 9:52 p.m.