August 11, 1997
The Ellettsville, Indiana, Town Council met in regular session at 7:30 p.m., Monday,† August 11, 1997. Members present were Michael Cornman, President, Geraldine McIntyre, Vice President, Donald Ashley, Patrick Stoffers and Gina Hawkins. Mr. Cornman called the meeting to order.† Donald Ashley gave the prayer.
MINUTES AND CLAIMS:
Donald Ashley made the motion we accept the Minutes and Claims.† Geraldine McIntyre seconded.† Motion passed 5-0.
Randy Cassady wants to make one clarification on the July 31st minutes† where it says, at the Excutive session itís his understanding that Mr. Cassady and his attorney were invited to attend.† Mike Cornman said that is correct.† Randy said his understanding of our conversation was that he was invited to attend the public meeting afterwards, not the Executive Session.†
Mike Cornman said so noted.† Randy said this is a communication situation and he wants that clarified in a public meeting.
Mike Cornman said they have 4 claims for the State Revolving Fund.
R.W. Armstrong†††††††††††††††††† $†††† 5,436
Bynum Fanyo & Associates $†† 10,634
HJ Umbaugh & Associates†† $†††† 6,290
Reynolds, Inc.††††††††††††††††††††††† $378,005
Gina Hawkins made the motion we approve the SRF Claims.† Patrick Stoffers seconded.† Motion passed 5-0.
Mike Cornman asked Mike Spencer if he had any other information.†
Mike Spencer said the only information he has, he spoke with David Ferguson today.† As you know he sent correspondence to David, communicating to Mr. Ferguson the most recent offers that the Board had come up with.† He was curious because he hadnít had a response and he indicated they were waiting on information from appraisers to come back and they got that information then they-response.† The issue now is whether† or not to initiate the condemnation suit, and he told him it was his recommendation to you to initiate condemnation suit so at least they can get that on record.† He said that seemed fine an appropriate.†
Mike Spencer said he would ask the Board to authorize him to issue condemnation suit, and get that started then we will continue to negotiate and see where we go from there.
Mike Cornman said okay.† He asked how does the Board feel about that?† Gina Hawkins said I make that recommendation.† Mike Cornman said is that a form of a motion?† Gina said yes.† Donald Ashley seconded.† Mike Cornman said we have a motion and second on the floor.† Any questions?† Motion passed 5-0.
Randy Cassady said the only question he has in regards to the entire situation is hey is everybody off vacation and done, like going out of town, and be able to talk and get response?
Mike Spencer said are you asking me if Iím on vacation?† Randy said Iím not asking is there any other times.† Mike Spencer said Iím not on vacation today, I am working today.
Randy said okay.† Mike Spencer said am I going to be out of town in some point and time, yes I will be.†
Randy said it has been very difficult to get a hold of you, get a hold of Mike (Cornman) and the other individuals of the Board, very, very difficult.†† The correspondence we received is done on Fridayís and Saturdayís.† As far as condemnation, if that is how you guys want it thatís fine.† But if you guys want to get together, if you want to go for a committee, however you want to do it.† He said he is fairly easy to get along with and he has been trying to work this thing through, we prepared everything.† We can either do it in court or work it out amongst ourselves.† It is your choice.
Mike Cornman said do the Council members have anything to add at this point?
Patrick Stoffers said to Mike Spencer, you talked to Mr. Ferguson today.† Mike said yes. Patrick said we didnít have a reply to the two alternatives?† Mike said right, he is not ready to do that.† Patrick said it sounds like to him-Randy said let me-----one thing in regards to correspondences we had to Mike Spencer last week, we were told nothing could occur until he was in town, back from his vacation, that was from Mary Uland, your assistant.† Randy said so consequently how can we respond to anybody when theyíre not there.† Randy said same thing goes in regards to you, Mike (Cornman), when he tried to get a hold of him.
Gina Hawkins said the position she has with the situation now is that Mike (Spencer) didnít you say that Dave said that they are waiting on some appraisals?
Mike Spencer said one of the problems and his concern at this point and time is he has expressed to you the communication he had with Mr. Ferguson.† He communication needs to be with Mr. Ferguson.† His understanding with his conversation with Mr. Ferguson was not entirely, but in essence.
Gina said that just confuses her that she thought everything supposedly had been appraised.† Mike Spencer said what we did is that we had a person go out and appraise the property that we were interested in.† Now Mr. Ferguson has indicated that the appraisal was deficient because it did not include the diminished value to the residual of the property.† He said if† heís got† information on that to give it to us, Iíll get a hold of our appraiser and discuss that with him and we will go out and look at it and it will be a different result, he doesnít know, it may come back exactly the same result.† Mike Spencer said Mr. Ferguson and he discussed that and he is going to get that information, they are going to have their own appraisers do it and he said he would get a hold of our appraiser and discuss that issue with him.
Gina Hawkins said the only other issue she would like to say is that in the motion and the recommendation Mike said we could start the condemnation proceedings and still continue negations, so she doesnít see a problem with that.
Randy said he is just waiting for people to talk to him.† The last correspondence he got is from Mike Spencer, that says he is not supposed to talk to any of you guys.† Then when he tries to call him he is gone.† Then Mike calls him.† So where am I at.
Mike Cornman said the offer is with Mr. Ferguson and we are working through the attorneys at this point.
Mike Spencer said he is obligated to talk to Mr. Ferguson.† Randy said right you guys got that Indiana State, State of Indiana employee whatever the hell it is.† Mike Spencer said he is just obligated to talk to Mr. Ferguson, that is his communication, it has to go through Mr. Ferguson.†
Randy said then you guys can talk and itís up to you guys if you want to talk.† You want to go through the attorneys then will just take it that way.† Mike Cornman said okay.
Randy said that is what he is saying, is that how you guys want it.† Mike Cornman said at this point that is the route unless the Council members say otherwise, the route they were going to take is going through our attorneys.
Mike Cornman asked Pat if he got his question answered.† Pat said he guessed he got lost because clearly Mr. Spencer stated he talked to Mr. Ferguson today and he rejects the notion that there is no conversation going on, in his view thatís just not true.
Randy said if you look at the pattern of trying to get a hold of your attorney.† Patrick said Iím not talking pattern, Iím talking fact, the man is sitting right there.
CHANGE ORDERS FOR ELLETTSVILLE WWTP FACILITY:
RESOLUTION 9-97-TRANSFER OF FUNDS:
Gina Hawkins read Resolution 9-97.† Donald Ashley made the motion we transfer funds on 9-97 Resolution.† Geraldine McIntyre seconded.† Motion passed 5-0.
ANNEXATION-PERMISSION TO ADVERTISE FOR CONSULTANT:
Mike Cornman said he would like to ask the Council permission to advertise in the form of request for proposal for consultant to do an annexation study for Ellettsville.† The reason being we did get approval for the City of Bloomington, City of Bloomington Resolution 97-09 for use to go ahead with our annexation efforts.
Donald Ashley asked if this was the gentleman we need 16 hours a week?† Mike Cornman said what this would be is to have someone put our fiscal plan together to do our annexation plan that we need to do according to State Law.
Patrick asked Mike Cornman what was his intent to where we publish?† Mike Cornman said you mean where?† Patrick said yes.† Mike said that is open to discussion if you want to do the Herald Time or do the Star as well or even more itís up to the Council.
Mike Cornman said how does the Council feel is this what we want to do to have an outside, preferably somebody to do annexation study.
Gina said we have to have this annexation study?† Mike Cornman said there are 4 or 5 items we have to have that is generally compiled and we would call annexation study.† There is a fiscal plan, that is the biggest one, requirements of the State law.† There was some discussion.
Mike Cornman said the question is if you do want to do this where do you want to advertise in what papers.† We have the Ellettsville Journal, Herald Times, and probably the Indianapolis Star.
Don asked Mike if he has any idea what this is going to cost us?† Mike Cornman said no, that is why we need to put out request for proposal so we can bring this in and study the cost and make sure we have the money to do so or how we can work it out and maybe argue with the consultant firm or person to break down.† We wonít know that until we get the price in.
Geraldine said you need to check with the editor of Cities and Towns magazine and see if we could put an article in it.† Mike Cornman said they do that for free since we are a member of IACT.† Geraldine thinks we need to put one in there to.
Mike Cornman said so would it be appropriate to say, if anybody says otherwise here we advertise in, he proposes we advertise in IACT, The Journal, Herald Times, and Indianapolis Star.
QUESTIONS ON OBTAINING DOCUMENT-RANDY CASSADY:
Randy said he has one question in regards in obtaining some documents from the Clerk.† She has informed him that he has to talk to the attorney previously.† He has requested those and to date have had know correspondence either from the attorney or from the Clerk.† Other than Diana has told me she had to talk to the attorney first.
Mike Spencer said the communication that he has gotten from the attorney, request various documents and the best he can tell much of the documentation has already been provided to your attorney, all the minutes have been provided.†
Randy Cassady said with the exception of July 28th, which is not done.† He would like the agreement between the Town of Ellettsville and Cook Inc.
Mike Spencer said he would check with Cook, if they have donít have and difficulty with that, he needs to check and make sure that there is no reason why we shouldnít produce it.† He is not sure that it is.† He just wants to check the statue, other than that, he has no problem with producing it.
Randy said can you give me a time frame from the stand point, he was supposed to have it a week ago.† Randy said 24 hours is what the statue says.
Mike Spencer said a couple days.† Randy said being 48 hours 72.† Mike Spencer said 2 business days.† Mike Spencer said he is giving them to his attorney, not giving them to him.† Randy said that is fine, that is not a problem, he is just trying to bring it up in the public forum what he had requested and what he asked for and he keeps coming back to being requested to talk to the attorney.† Randy said he has to talk to his attorney to talk to you and he can never get a hold of you.
Darlene Sowder had a question on, and he talked to you† about this before, the Ellettsville Map, have you heard any more?
Mike Cornman said he sent a draft about a week ago and he sent it back to him on Thursday.† There was some errors made in the map.† Part of Ellettsville wasnít included in the map.† Mike gave him an updated map and he is working on it.† Mike said they wanted the Endwright Center profiled in this map.† There was more discussion.
Gina Hawkins made the motion to adjourn.† Patrick Stoffers seconded.† Motion passed 5-0.