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May 12, 2014 Regular Town Council Meeting

The Santa Claus Town Council met in regular session on May 12, 2014 at the Santa Claus Town Hall.  The meeting was called to order by Ron Smith at 5:32 P.M.

Present:  Ron Smith, Kevin Burke, Dennis DellaMorta, Seth Windell and Michael Johannes

Also Present: Town Attorney, Kevin Patmore; Treasurer- Clerk, Kelly Greulich; Building Inspector; Phil Brown; Town Marshal, Joey Brown; Fire Chief, Max Meyer; and Park Board Member, Amy Dilger.

Absent: Russ Luthy

The meeting was being recorded.

MINUTES:

Burke made a motion to approve the April 14, 2014 regular meeting minutes as written. DellaMorta seconded the motion.

Ayes:  All

Nays:  None

Motion carried

COMMENTS FROM THE FLOOR:

Charlie Hoehn introduced himself to the council as a vacant lot property owner in Christmas Lake Village since 1975 (sub12-68 lot). We have had the lot for sale for the past 10 years with no offers. I have paid all the fees associated with the lot and I am wondering why we pay for sewer fees when we not using anything on a vacant lot. Hoehn stated he had talked to the clerk prior to the start of the meeting and learned some information about the fees and why they are in place. Ron Smith went on to say that if Mr. Hoehn ever sold the lot or built a home on the lot he would not pay sewer hookup fees. Greulich stated the fees are tied to the initial bond of the CLV sewer project when the village was first being constructed. Mr. Hoehn thanked the council for their time.

 

Melissa Brockman a representative from the Spencer County Catalyst Group along with Emily Thompson invited the council to a planning session that will be held on Tuesday, May 20, at 8:00 am at the Chrisney Youth & Community Center. Johannes stated that the biggest issue Spencer County is facing is the lack of jobs in the area.

PARKS & RECREATION/COMMUNITY CENTER:

Dilger stated that “The Danielle Dash” was held at the Yellig Park with 102 participants. Also at Yellig Park the baseball softball games are well underway. We are waiting on the   Santa Claus Methodist Church Mission group on the concession stand RFP proposal.

A discussion followed about the YMCA Daycare; they are asking to have a sign installed on the town’s property. Phil Brown spoke up and stated that the sign would have to be close to the dirt pile due to the town’s ordinance.

A lengthy discussion followed about the dirt pile and how it has become an eye sore.

Johannes made a motion for the Park & Recreation Department to use as much of the dirt pile they need at Yellig Park and the remaining dirt will be graded and seeded. Windell seconded the motion.

Ayes:  Windell, Johannes, Smith & DellaMorta

Nays:  Burke

Motion carried

Greulich asked who will pay for the removal of the dirt; Johannes stated that the parks department will pay for moving the dirt to the park.

P. Brown stated that the YMCA Daycare could go ahead and put the sign up as a temporary until a decision can be made.

Burke asked if Dilger had the dates set for any tournaments this summer at the park. Dilger stated that Spikes has two tournaments scheduled at this time June 14th weekend and July 12th weekend.

PLANNING AND DEVELOPMENT:

Phil Brown reviewed his monthly report for the month of April with the council.

Inspections – 20

New Homes – 1

Remodel permits- 1

Permits closed – 3

Pool permits-1

Zoning Requests – 2

911 addresses issued – 1

Brown stated that we have APC & BOZA meetings on May 19, 2014 in reference to Santa Lodge Zip Line, Bounce House, Alpine Slide, and Frosty’s setbacks.

POLICE DEPARTMENT:

J. Brown passed out his April report for the council and asked to attend Basic Drug Investigation Training in Indianapolis the first part of June.

Johannes made the motion for Chief Brown to attend Basic Drug Training in June. Windell seconded the motion.

Ayes:  All

Nays:  None

Motion carried

Brown stated he wanted to publically thank officers Keller & Flaukenburg for responding to the house fire even though they were both off duty and Brown was out of town.

FIRE DEPARTMENT:

Meyer reviewed his monthly April report:

First Responder-5

Fires-3

On April 13, 2014 the Santa Claus Volunteer Fire Department along with Carter Fire District and St. Meinrad Volunteer Fire Department did a walk-through of Holiday World.

A special THANK YOU to the Santa Claus Police, Santa Claus Utilities, and Indiana State Police for the help on April 18, 2014 house fire in CLV.

On July 5, 2014 the Santa Claus Fire Department will be selling BBQ Dinners at the Firehouse. Come join us!

Windell made a motion to honor Tricia Vaal per resolution for her heroic efforts during the house fire in Christmas Lake Village. DellaMorta seconded the motion.

Ayes:  All

Nays:  None

Motion carried

Mike Johannes resigned from the Volunteer Fire Department due to the Nepotism law that went into effect in 2012.

 

STREET DEPARTMENT:

Smith informed the council of the trail projects due to Mr. Luthy being absent from the meeting. Smith stated he needs authorization from the council to sign the Project Coordination Contracts for the Eastside Trail and the West Side Connector.

Johannes made the motion to authorize Ron Smith to sign the contracts for the East Side Trail and the West Side Connector. DellaMorta seconded the motion.

Ayes:  All

Nays:  None

Motion carried

Smith stated that Luthy is requesting a second person be certified as an ERC for the trails in case he would be unable to submit paperwork or attend quarterly meetings. A discussion followed with Greulich noting that she was asked last year and the classes were the same time as Clerk-Treasurer training and SBOA mandated meetings for her position as Clerk-Treasurer. Greulich stated if we had a Director in the Parks Department this would be ideal because eventually once the trails are here they will need to be maintained by the town.

Johannes brought up that Holiday Boulevard is in need of disparate repairs. The road is falling apart. Greulich stated that Mr. Martin has been to our meetings several times complaining about the road. He mentioned that buses are coming out of the Legend parking lot and traveling to 245. Johannes stated he has never seen a bus go out that way. Johannes stated we need Luthy to come up with a plan to repair the road.

 

WASTEWATER:

Smith stated Luthy was asked at last month’s meeting to check with Jasper and Huntingburg to see how they handle Lateral Inspections, Luthy checked and permits do not trigger a lateral inspection at the city of Jasper or Huntingburg.

 

Phil Brown stated that both Jasper and Huntingburg do not issue building permits so that is why they do not trigger a lateral inspection.

 

Smith stated that Luthy would like to by-pass David Harlen’s probationary period of 180 days and give him a raise of $ 1.00 more on the hour due to David stepping up and taking on more work with the shortage in the department.

DellaMorta made a motion to approve suspending the probationary period of 180 days and give David Harlen a $1.00 per hour raise retroactive to May 4th. Johannes seconded the motion.

Ayes:  All

Nays:  None

Motion carried

Smith stated that Luthy would like to hire Samantha Mays to replace administrative assistant Ann Hurd at $ 10.00 per hour.

DellaMorta made the motion to hire Samantha Mays at a rate of $ 10.00 per hour pending drug screening and driver’s license check have been completed. Johannes seconded the motion.

Ayes:  All

Nays:  None

Motion carried

Smith stated that Luthy would like to increase Kenny Hoosier pay by $ 1.41 on the hour due to Tim Thompson resigning his position in the wastewater department and Kenny taking on more work.

Johannes made the motion to increase Kenny Hoosier pay by $ 1.41 retroactive to May 10, 2014. Dellamorta seconded the motion.

Ayes:  All

Nays:  None

Motion carried

Smith stated that Luthy is checking with companies that could temporarily run the sewer plant and what that would cost the town. Smith stated Luthy received a price of $9,600.00 for one month from one company but will look into others. Smith informed the council that the 2013 truck that Luthy drives received storm damage at Russ’s home last week.

 

WATER:

Greulich asked the council if they are going to replace Marvin Leibering seat on the Waterworks Board. Marvin resigned in December of 2012 and since the council decided not to disband the board we still have an open appointment to the board. We are having problems will getting a quorum especially since Mike Kamp is no longer in the area. Greulich stated she has been trying to get in contact with Kamp to find out his intentions. Greulich stated that she has spoken with Luthy and discussed Theresa Criss-Hartwig from the Lamar area and she is interested in the appointment to the water board. Patmore stated you can appoint her tonight pending she accepts the appointment.

Johannes made the motion to appoint Theresa Criss-Hartwig to the Town of Santa Claus Waterworks Board pending she accepts the appointment. Windell seconded the motion.

Ayes:  All

Nays:  None

Motion carried

Johannes made a motion to have town attorney Kevin Patmore send Mike Kamp a letter from the town council asking him to resign from the Waterworks Board due to moving out of the area. Burke seconded the motion.

Ayes:  All

Nays:  None

Motion carried

 

INDUSTRIAL PARK:

Smith stated that Crooked Creek will start the select cut logging in June at the Industrial Park.

Greulich informed the council that the town received about $ 44.78 in tax revenue in the Industrial Park for the first time. The money was deposited into the account Umbaugh had the town set up and since monies went into the account for the first time we are now being charged a service charge on the account because of not having a minimum balance. I have talked to the bank and they are going to wave the $ 6.00 service charge until we have our monthly meeting and decide what we want to do with the account. I would like to withdraw the money from the Industrial account and deposit into the general account to avoid a service charge. The bank can freeze the account so that in the future we could reactive the account if funds become available in the Industrial TIF District that would support a no service charge fee.

Johannes made a motion to have the Clerk-Treasurer close the TIF District Industrial Park bank account with Spencer County Bank and move the monies to the general account. Windell seconded the motion.

Ayes:  Smith, Johannes, DellaMorta and Windell

Nays:  None

Abstain: Burke

Motion carried

Smith stated that Luthy had questions with the credit card changes and wanted to know why these changes are accruing. Greulich stated that Indiana Code plus a town ordinance states that cards will be checked in and out through the Clerk-Treasurer office. Greulich stated she was unaware of the Indiana Code and the Ordinance until it was brought to her attention by our town attorney. All cards will need to be returned to the clerk’s office by Wednesday (May 14, 2014) and from now on will need to be checked out and back in through a log sheet for each department.

 

TOWN ATTORNEY:

Patmore stated he has deed agreements that will need to signed by the council from Lake Rudolph LLC, Kringle Place LLC and Santa Claus Liquor Store, Ink for the Yellig Trail to Christmas Lake Village.

Johannes made a motion to accept the deed agreements and for the council to sign the agreements from Lake Rudolph LLC, Kringle Place LLC and Santa Claus Liquor Store, Ink. Windell seconded the motion.

Ayes:  All

Nays:  None

Motion carried

Patmore explained that he is still waiting on Kizior and Christmas Lake Village deed agreements. Kizior has asked that the town have the property marked so that Kizior can see where the trail is actually going and he wants the sprinkler system fixed if damages occur and the town would be responsible for replacing the 3 trees. Patmore stated he attended Christmas Lake Village monthly meeting on May 8th. The president of the CLV board Don Vogel stated the village would be interested in exchanging the town’s land back by the CLV storage area for the right-away for the trail. Patmore informed the council that they cannot exchange land due to legal requirements and the land would have to be appraised and fair market value established. Smith and Johannes stated the town is not in the business to trade land.

 

Jeff Stillman spoke about the reason why CLV wanted to trade the land. The CLV board wanted to put the new maintenance building on the Hanning property they purchased a few years back but it has come to the board’s attention that it is not feasible to do that and the board would like to keep the maintenance building where it is and the additional property would give them room to grow. Stillman stated if a deal cannot be made with CLV then the town could declare eminent domain but then the town would have to pay CLV for the land. Patmore stated then the town would just take that portion of the trail out of the project. Patmore stated he has a letter already drafted to send to CLV Board President Don Vogel on the matter.

Johannes made a motion to have Patmore send the letter to CLV Board President Don Vogel. Windell seconded the motion.

Ayes:  All

Nays:  None

Motion carried

Patmore stated that the supplemental agreement on the Lincoln Discovery Trail with INDOT and Clark-Dietz and the rest of the engineering serves will be funded through the money that was left over from the Sarbanes monies. Patmore stated that the town’s portion of the trails will cost about $ 1,300,000.00.

Smith stated he will get with Luthy to draw up specs for the scope of work for the installation of the town’s electronic sign from the Spencer County Health Department that will be located between the Town Hall and LJ Koch Blvd.

 

CLERK TREASURER:

Greulich stated that at last month’s meeting the one ordinance did not get approved correctly. Ordinance 2014-03 an ordinance amending the threshold for fixed assets to change from $ 1,500.00 to $ 5,000.00. We need a motion for the 2nd reading and adoption tonight.

DellaMorta made a motion for the 2nd reading and adoption of Ordinance 2014-03 amending the threshold for Fixed Assets from $ 1,500.00 to $ 5,000.00. Johannes seconded the motion.

Ayes:  All

Nays:  None

Motion carried

 

Greulich stated that each council member has a copy of the typo and grammar changes that need to be made to the Employee Policy Manual that was adopted at the April 14th meeting. Changes are as follows:

 

Employee manual:

Table of Contents- Page numbers did not match up with titles. Corrections are as follows:

Employment Section

 

  1. Employment Status……………………………………………………………………. page 15
  2. Vacancies and Appointments……………………………………………………… page 16
  3. Employment Orientation……………………………………………………………. page 19
  4. Probationary Period…………………………………………………………………… page 20
  5. Employee File……………………………………………………………………………. page 21
  6. Resignation……………………………………………………………………………….. page 21

    Employee Behavior/Conduct

 

  1. Ethics/Conflict of Interest………………………………………………………….. page 22
  2. Grooming/Uniforms………………………………………………………………….. page 24
  3. Behavior……………………………………………………………………………………. page 25
  4. Outside Employment…………………………………………………………………. page 26
  5. Grievance Procedure………………………………………………………………….. page 27
  6. Books and Records…………………………………………………………………….. page 28

    General Policies

 

  1. Travel and Expense Reimbursement…………………………………………… page 28
  2. Health & Safety…………………………………………………………………………. page 29
  3. Safety Data Sheet……………………………………………………………………….. page 30
  4. Blood Borne Pathogens……………………………………………………………… page 30
  5. Tobacco Policy…………………………………………………………………………… page 31
  6. Solicitation and Distribution………………………………………………………. page 33
  7. Confidential Information……………………………………………………………. page 33
  8. Hours of Work…………………………………………………………………………… page 33
  9. Computers, Internet & Email……………………………………………………… page 34
  10. Cell Phones……………………………………………………………………………….. page 37
  11. Handling Citizens’ Questions and Complaints……………………………. page 37
  12. Political Activity…………………………………………………………………………. page 37
  13. Lactation…………………………………………………………………………………… page 37

 

XI.      Nepotism page 12

 

  1. The Town of Santa Claus selects employees based on their job qualifications. To make sure this standard is always followed and to protect the integrity of business operations, the Town has certain restrictions on when and where relatives of employees can be hired and how related employees can work together.

         Members of an employee’s immediate family for this section of the policy include parents, spouse, or stepparent, child or stepchild, brother,brother-in-law, sister, sister in-law, stepbrother, stepsister, niece, nephew, aunt, uncle, daughter-in-law or son-in-law.

 

  1. Employees who accept full-time employment with the Town must reside within a 10 mile radius of the Town Hall. The residency status is required to be established within one year from the date of hire.
    1. page 19

    An orientation program will be conducted for all newly hired employees of the Town. The primary purpose of the orientation program is to acquaint new employees with Town policies and departmental rules and procedures, the organization’s structure, their position description, and to familiarize such new employees with facilities equipment, and introduce them to department personnel and supervisors.

    The Clerk Treasurer and Town Council designee are responsible for establishing an orientation program for new employees.

    This orientation program may include but is not limited to such areas as:

    Clerk Treasurer’s Responsibilities

    Details to take care of before your first day on job:

    Application

    Applicants Certification Agreement

    Copy of Social Security Card, Driver’s License

    W-4 Form (Federal Taxes)

    WH-4 Form (State Taxes)

    I-9 Form, Indiana New Hire, E-Verify

    Emergency Form

    Direct Deposit Form/Authorization of DD Stub

    Benefits (if applicable) 60 Day Probationary Period

    Complete 457 Deferred Compensation Form (if applicable)

    Review & sign Town’s Personnel Policy and Procedure Manual

    Computer Policy Form

    Other items deemed necessary by the Clerk-Treasurer

 

  1. page 25
    1. Always treat the public with respect. Employees are expected to adopt a friendly, courteous, and service-oriented attitude towards the citizens, customers, and fellow employees, and the public.
    2. Profane or vulgar language is not permitted while on duty.
    3. Personal telephone calls are permitted, but should be limited. Receiving personal telephone calls at work shall be limited as much as possible. (Please inform family/friends concerning this policy) When telephone calls are necessary, please try to limit length of the call.  No personal phone calls are allowed to be charged to the Town’s business numbers.
    4. Fighting, immoral acts, threats, intimidation, or similar behavior aimed at the public or other employees will not be tolerated.
    5. Visits from family and friends while on duty should be limited.
    6. While not everything can be listed, you should remember that your behavior should reflect the fact that you work for the public and that your behavior could negatively affect the people you meet.
    7. Any complaints from the public against any employee will be investigated and may result in disciplinary action.
    8. Violation of any federal, state or local laws and/or ordinances may result in disciplinary action.

 

Wage and Hour Section

 

  1. page 40
    1. Payroll is paid bi-weeklyand will be available by the end of business on payday, one week in arrears. All required deductions will be made according to the law.

 

        1. The pay period for bi-weekly employees shall begin at midnight on Saturday and end at 11:59 p.m. on the following Friday.

 

2. All Town Council Members, Waterworks Members and Park Board Members will be paid monthly following their monthly meeting.

 

  1. All personnel paid bi-weekly will be required to maintain a time record.
  2. may be eligible for Group Health, Dental, and Vision Insurance, as well as the Town’s Flex Plan and Gap Insurance. Employees wanting to add dependents to the Group Health Insurance must pay the difference in the premium from single and family plans.
  3. Full time employees who are at least sixty-five (65) years old, and not covered by the Town’s healthinsurance plan will be reimbursed for the cost of Medicare and Medicare supplements.

 

Insurance Coverage  page 47

 

 I.       Group Health / Life    Insurance

 

The reimbursement amount will not exceed the percentage that the Town pays for coverage for other employees.

 

Greulich also stated to the council that she has inserted the information from the new manual onto each benefit leave form to comply with the manual information for sick, personal, vacation and bereavement days. This will keep all departments on the same page and the information is listed directly on each leave form. I will also send the forms to department heads electronically after the council approves the forms for use.

 

Windell made a motion to accept the changes in the manual as noted and to use the new leave forms in each department for the town. Johannes seconded the motion.

Ayes:  All

Nays:  None

Motion carried

 

MISCELLANEOUS:

Smith made a motion to honor longtime employee Thomas Goldsberry with a proclamation – May 31, 2014 will be proclaimed Thomas Goldsberry Day in the town of Santa Claus. Johannes seconded the motion.

Ayes:  All

Nays:  None

Motion carried

 

VOUCHERS AND ADJOURNMENT:

With no further business to come before the Council, vouchers were signed and Burke moved to adjourn the meeting at 7:23 P.M.  DellaMorta seconded the motion.

Ayes:   All

Nays:   None

Motion passed