The
Ellettsville, Indiana,
Roll Call: Members
present were Dianna Bastin, President; David Drake, Vice-President; Scott
Oldham, Phillip Smith and Dan Swafford. Sandra
Hash, Clerk-Treasurer; Mike Spencer, Town Attorney and Rick Coppock, Town
Engineer were present.
Approval of Minutes
Dianna
Bastin entertained a motion for the approval of the minutes for the Regular Meeting
Accounts Payable Vouchers
Dianna
Bastin entertained a motion for actions to pay Accounts Payable Vouchers. Scott Oldham so moved. David Drake seconded. Motion carried.
Resolutions
Resolution 16-09 Section 125 Cafeteria
Plan Amendment
Sandra Hash explained the Section 125 Cafeteria Plan allows
employees pre-tax premiums on group health insurance, dental insurance and
group term insurance. The pre-tax
deductions are exempt from Federal, State, Social Security and Medicare tax. Before this new amendment, employees could
only sign up or make changes when they were hired or at the beginning of the
year. The Children’s Health Insurance
Program Reauthorization Act of 2009 permits a plan to allow special enrollment
for eligible but not enrolled employees or dependent children who either (1)
lose coverage under a Medicaid or a State Children’s Health Insurance or (2)
become eligible for group health plan premium assistance. This is an amendment to our current plan to
include this new section.
David
Drake made a motion we adopt Resolution 16-09.
Scott Oldham seconded. Roll call
vote: Dianna Bastin – yes; David Drake –
yes; Scott
New Business
Community Access Television – Michael
White,
Michael White, General Manager CATS (Community Access Television
Services) spoke with Sandra Hash who explained to him the Town is considering
using the franchise fees to make up some of the shortfall on the upcoming
budget. The Town and CATS has had a contract since
1998 since that time they have covered over 400 Richland Bean-Blossom School
Board meetings and Town Council meetings shown over thousands of time. CATS is in the process of becoming available
for broadcast on cell phones. Mr. White
stated Smithville Telephone is making a $90 million investment, providing
digital fiber optic speed to the homes.
Mr. White explained since 1998, CATS has never requested more than 50%
of the franchise fee from any of the Municipal partners. They use the 50% to provide service and
guarantee coverage. The Town brought in
$25,000 in franchise fees revenue last year and CATS is requesting 50% of
that. CATS believe Ellettsville is a
technologically growing town and the public meetings have changed. Many residents (because of age or
disabilities) can not attend the meetings and rely on seeing the meetings on
television. Mr. White is asking the Town
to remain a partner with CATS.
Dan
Sawford asked why the
Discussion concerning the Director of
Planning Services position
Scott Oldham, Liaison for the Planning Department made the motion
that we immediately terminate the Director of Planning Services. Phillip Smith seconded. Roll call vote: Dianna Bastin – yes; David Drake – yes; Scott
The following took place before the vote
was taken
Dianna
Bastin announced public comments will be heard with a limit of three minutes.
Karla Frownfelter, Ellettsville resident spoke about the Police taking
cars home. She talked about different
ways to cut the budget and asked if there were other options. Scott Oldham answered this was not done as a
“budgetary issue” but a “personnel decision”.
Dianna Bastin stated the Council does not comment on personnel
matters. Ms. Frownfelter would like to
get rid of the Town Council and look for a Town Manager. She feels the Town will start to move
backwards without a Town Planner and that Frank has done a very good job for
the Town.
David Drake explained the Council can not go over anything since
it is a personnel issue but does owe some explanation. David Drake likes Frank but that is not what
this is about. This is about whether the
Town is getting its money worth out of his efforts and work; the Council agreed
the answer was no. There were a lot of
people in the audience that had great things to say about Frank but there are
two sides to all stories. The Council
needs to listen to all the criticism from the people who disagree with them without
being able to defend themselves. The
Council is doing what they think is right and did not take anything
lightly.
The
roll call vote was taken.
Red Flag Policy (Identity Theft
Prevention Program) requirement of the Federal Trade Commission
Sandra Hash explained the Federal Trade Commission adopted
regulations in 2007 requiring all utility companies and other entities that act
as creditors and provide certain types of accounts to enact the “Red Flag
Policy” to protect consumers from identity theft. This Federal regulation is 16CFR part
681. The Federal Regulations do not
require the “Red Flag Policy” to be adopted in the form of an ordinance but the
policies are required to be formally adopted by the governing body. Mike Spencer has reviewed the proposed policy
and made suggestions. Sandra
incorporated Mike Spencer’s suggestions and would like the Council (along with
Mike Spencer) to review the policy for action at the next meeting. Sandra stated the Town has never had a written
policy but there are safety precautions in place. The “Red Flag Policy” has guidelines for
computer safety.
Supervisor Comments
Tony Bowlen, Town Marshal announced the Police Department is in the
process of filing an application with the Indiana Criminal Justice Institute
for a $3,000 grant to participate in “Operation – Pullover” starting October
1. Phillip Smith asked if most of the
communities will receive the money. Tony
Bowlen said “the majority”; size and population determine how much money is
actually received. “Operation –
Pullover” is a seatbelt and concentrated period of OWI (Operating While
Intoxicated) enforcement.
Privilege of the Floor
$300,000 Stimulus Package Deadline
Frank Nierzwicki said he was a professional and worked professionally
for the Town of
Planning Department Job Comments
Frank Nierzwicki respects the members of the Town Council. Frank is looking at a transitional type of
situation. He understands he was just
terminated; he looked at his personnel file this afternoon and his last
evaluation was “excellent”. The State of
Mary Lou Nierzwicki spoke in support of her husband.
Karla Frownfelter asked if the Plan Commission was still going to be in
place. Would Connie Griffin be acting
for the Heritage Trail plan? Scott
Oldham said yes. Karla Frownfelter
suggested getting rid of the “lead guys” in other departments to save
money. Dianna Bastin clarified the Town
still has a Planning Department.
Voluntary Annexation - Blackwell
property
Ann Blackwell thought her property was going to be annexed into the
Town this evening. She met June 15th
with Frank Nierzwicki and attended the July 9th Plan Commission
meeting where everything was approved.
She was told everything would be voted on this evening at the Town
Council meeting. Mrs. Blackwell has
renters waiting to sign contracts for this property. She expressed her disappointment. Dan Swafford asked Mike Spencer what
paperwork needs to be completed at this point.
Mike Spencer said there needs to be a “plan and ordinance”. The fiscal plan needs to be approved before
the ordinance is approved and it takes two meetings to pass an ordinance. Mike Spencer has not received a fiscal
plan. Sandra Hash stated the fiscal plan
was presented to the Plan Commission but it was not in Resolution form. What needs to be done is the fiscal plan
needs to be put into Resolution form and sent to Mike Spencer along with a copy
of the deed for an ordinance to be prepared.
Ann Blackwell has a copy of the legal description. Dan Swafford will speak with Ann Blackwell
after the meeting to make sure it is on the next meeting’s agenda.
This
is the first time David Drake has heard of this and asked what property is
being discussed. The property is on the
west side of Ellettsville and has had car lots there for twenty years. Sandra Hash stated the property was
recommended for approval by the Plan Commission during their July meeting. The legal description would be forwarded to
the attorney.
Planning Department Job Comments
Chris Fisher, on behalf of
Dave Grimm spoke in support of Frank Nierzwicki.
Jeana Kapczynski, President of
Adjournment
David
Drake made a motion we adjourn. Dan
Swafford seconded. Motion carried. Dianna Bastin adjourned the meeting at