August 24, 2015
The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, August 10, 2015, at the Fire Department Training and Conference Room. Scott Oldham called the meeting to order at 6:30 p.m. Dianna Bastin led the Pledge of Allegiance followed with a prayer by Scott Thomas.
Roll Call: Members present were Scott Oldham, President; Scott Thomas, Vice President; Dianna Bastin, David Drake and Kevin Farris. Sandra Hash, Clerk-Treasurer; Jim Davis, Town Manager; Darla Brown, Town Attorney, and Rick Coppock, Bynum Fanyo and Associates, Town Engineer, were also present.
Supervisors present were: Mike Cornman, Danny Stalcup, Kevin Tolloty, and Jeff Farmer.
Open Bids for Fire Department Tanker Truck and Equipment
Darla Brown, Town Attorney, opened the only bid from Pierce Manufacturing, Inc. Their proposal is a sale price of $279,832 with a prepayment discount of $7,761. She suggests the Town Council take this matter under advisement. Deputy Chief Patton is ready to check the bid against the specs and then he can report to the Town Council before the meeting is over.
Scott Oldham entertained a motion to temporarily table it during this meeting for the Fire Chief to go over it. Dianna Bastin made a motion to temporarily table it during this meeting for the Fire Chief to go over it. Scott Thomas seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Approval of Minutes
Scott Oldham entertained a motion for approval of the minutes for the regular meeting on August 10, 2015. David Drake so moved. Scott Thomas seconded. Motion carried.
Accounts Payable Vouchers
Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers. Dianna Bastin so moved. David Drake seconded. Motion carried.
Karst Trail (“trail”) – Bill Williams
Bill Williams, Director of Monroe County Highway Department, explained the trail is getting closer to Ellettsville and is currently at Vernal Pike. The trail from the railroad track on Loesch Road down to Vernal Pike is under construction and they hope to have it open this fall. Phase 3 is Town property southwest of Bowman’s garage. They’re using the MPO’s Transportation Alternative Funds which has paid for approximately 80% of the project thus far. Roy Carlsgaard, a Design Consultant with Ixoye Engineering, is the designer. Phase 3 is scheduled for a 2016 bid letting which means they have a lot of information to get to the Indiana Department of Transportation (“INDOT”) to keep it on schedule. Currently, they’re in the preliminary engineering design phase and the environmental is just about wrapped up and ready to be submitted so they can get in the right-of-way. All of this needs to be submitted by the end of September or the beginning of October.
Roy Carlsgaard, Design Consultant, Ixoye Engineering, presented a map of the proposed Phase 3. It is in a floodplain so they’re trying to place the trail at grade. It will tie into the curb ramp at Hartstraight Road and State Road 46. It is proposed to be a 10’ wide asphalt trail with graded shoulders and will be compliant with the American with Disabilities Act (“ADA”) and other requirements of INDOT. It will run parallel to existing sanitary lines.
Scott Thomas asked by doing it at grade how will flooding effect the longevity of the trail. Mr. Carlsgaard replied they’ve worked on a number of trails placed in floodways and there are maintenance issues that generally have more to do with sedimentation. It will depend on the type of ground, i.e., is it well drained already, and some of these characteristics can affect the cross section of the pavement. The pavement is a standard INDOT payment section which is 6” of stone and 3” of asphalt. Being placed at grade the subsurface drainage should continue to be as it is. They would appreciate any input. They will have to get a Construction in the Floodway Permit from the Department of Natural Resources (“DNR”) because it is in a floodway. The DNR looks at whether more fill is being created in the floodway. So, if they start to build it up they’re causing less floodway cross section and the DNR starts asking for modeling to be done. Generally, they try to get it at grade so they’re not reducing the amount of cross section. Mr. Thomas said the Heritage Trail is a good distance down from the proposed trail. Is it possible to take the trail closer to downtown where the highway splits and the Heritage Trail picks up? Is the trail prevented from going across Hartstraight? Mr. Williams answered it is prevented by the creek. If they had funding to go down they would but they don’t have the funds to pay for a creek crossing.
Scott Oldham asked what their timeline is for Phase 3 of the trail. Mr. Williams explained they’re trying to get to a March 2, 2016, bid opening. The right-of-way papers have to be into INDOT by October 9, 2015. Mr. Oldham suggested he work with Jim Davis and Darla Brown on this and they can quickly have a final vote.
Resolution 11-2015 to Adopt a Written Fiscal Plan for the Fishel Property Annexation, 6059 W. McNeely Street
Darla Brown, Town Attorney, explained the Fishel Annexation came before the Plan Commission at its last meeting. This is the resolution for the proposed Fiscal Plan of the Fishel property.
Scott Oldham entertained a motion to adopt Resolution 11-2015. David Drake made a motion to adopt Resolution 11-2015. Scott Thomas seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Resolution 12-2015 to Adopt a Written Fiscal Plan for the McNichols Trust Property Annexation, 8181 W. Chafin Chapel Road
Darla Brown, Town Attorney, explained this is the resolution by which the Town Council will consider the adoption of the Fiscal Plan.
Scott Oldham entertained a motion to adopt Resolution 12-2015. Scott Thomas made a motion to adopt Resolution 12-2015. David Drake seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Resolution 13-2015 to Finance a Tanker Truck and Equipment for the Fire Department
Scott Oldham advised since this was tabled earlier they will come back to it later.
Resolution 14-2015 to Authorize Brian Scott Oldham to Execute a Quit Claim Deed on Behalf of the Town of Ellettsville
Darla Brown, Town Attorney, is asking this be tabled until the next Town Council meeting. The Town will need to convey clear title to the section of the Maple Grove Road property going to be used for the new Town Hall to the Ellettsville Building Corporation. She has asked Bethel Title to take a look at the deed and explained to them what the Town’s general plans are for the future. Before the Town Council votes on it, she would like to get an opinion from them on the deed. She wants to make sure there won’t be any issue conveying a clear title since they are talking about a change in the legal description.
Scott Oldham entertained a motion to table Resolution 14-2015. Dianna Bastin made a motion to table Resolution 14-2015. Kevin Farris seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Resolution 15-2015 to Authorize Brian Scott Oldham to Execute the Verified Petition of the Town of Ellettsville (“Petition”) to be Filed Before the Indiana Utility Regulatory Commission
Darla Brown, Town Attorney, explained the Petition is ready to go. She, Mark Cooper, and Pete King met with members of the Office of Utility Consumer Counsel (“OUCC”) last week to discuss the Town’s secondary waterlines project and overall things went fairly well. The member of the Indiana Utilities Regulatory Commission (“IURC”) they met with have had copies of the Town’s proposed exhibits and testimony to be filed for about a month. The petition is to be filed on August 25, 2015, and this resolution authorizes the Town Council President to sign the Petition on behalf of the Town so they can get it filed with the IURC.
Scott Oldham entertained a motion to adopt Resolution 15-2015. David Drake made a motion to adopt Resolution 15-2015. Dianna Bastin seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Ordinances on Second Reading
Ordinance 2015-12 Annexation of the Fishel Property, 6059 W. McNeely Street
Kevin Tolloty, Planning Director, explained this ordinance is for the Fishel property located at 6059 W. McNeely Street. It consists of approximately 17 acres and the property has one single family home on it. The annexation is 100% voluntary and is 48% contiguous. It would be assigned to Council Ward 1 and designated as an R-1, single family residential. It was heard at Plan Commission on August 6, 2015, and received a favorable recommendation by a vote of 7-0. There may be plans to subdivide the lot into two or three parcels at some point in the future.
Scott Oldham entertained a motion to adopt Ordinance 2015-12. David Drake made a motion to adopt Ordinance 2015-12. Scott Thomas seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Ordinance 2015-13 Annexation of the McNichols Trust Property, 8181 W. Chaffin Chapel Road
Kevin Tolloty, Planning Director, presented this property for annexation. It is located on the west end of Town, on the north side of State Road 46. It is approximately 80 acres with three lots under the same ownership. It is 100% voluntary and is 44% contiguous. There is currently one house on the property. There are plans to re-draw the lot lines between the agricultural and the single family home. It will be a lot line change and won’t require a subdivision. It will be assigned to Council Ward 1 and be zoned as A-1 agricultural. It went to Plan Commission on August 6, 2015, and received a favorable recommendation by a vote of 7-0.
Scott Oldham asked if the lot line change has to go back to the Plan Commission for approval. Mr. Tolloty answered no, it falls under what is allowed for an exempt subdivision because they’re not creating new lots. They’re changing it from two 40 acre lots to a 70 acre and ten acre lot.
Scott Oldham entertained a motion to adopt Ordinance 2015-13. Dianna Bastin made a motion to adopt Ordinance 2015-13. David Drake seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Lease for 221 N. Sale Street Between the Town of Ellettsville and the Chamber of Commerce (“Chamber”)
Darla Brown, Town Attorney, explained Scott Thomas had asked that this be placed on the agenda. In May, a proposed lease was tendered to the Chamber. The Chamber had some feedback on the lease which she provided to Town Council. She has no authority to make any counters to the Chamber with regard to the proposed lease arrangement. She is requesting feedback on what they would like to see happen, if anything, at this point in time. Mr. Thomas advised he had asked Ms. Brown to do this prior to the revelation of health concerns, potential moves and locations.
Scott Thomas made a motion to table this until they know where they’re going to move to or what they’re going to do. He hates to remove an option before they make a decision.
After the motion, there was the following discussion:
Scott Oldham and Jim Davis met with selected Chamber Board Members because they wanted a meeting for clarity purposes and he doesn’t know whether they’re real close on their vision just yet. The Chamber was going to reformulate and come back with more of a business plan outlining their intentions as opposed to a thought process. They requested it be refined so the Town Council could discuss where they thought it should go. The Chamber agreed it was a good idea to narrow their focus before revisiting the topic.
Kevin Farris seconded the motion. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Heritage Trail Update – Jim Davis, Town Manager, explained the gateway has been in place for approximately one week. They want to try and get the blacktop down before the Monroe County Fall Festival. Mr. Oldham asked how much work they will have after the blacktop goes down. Rick Coppock answered they did get the permit from INDOT to connect at both ends. On the west end there will be a cut and part of the curb removed and a ramp put in to State Road 46. A crosswalk will be put in across State Road 46. On the other side there will be another ADA ramp put in the sidewalk and part of the curb will be removed to make it ADA accessible. INDOT said they would put in advance warning lights to warn drivers of the pedestrian crossing. There will be ADA compliant ramps on both sides of State Road 46. On the east end they will match it up with the existing sidewalk. There is not a ramp required because there is not a crossing at that location. Mr. Oldham asked if people will be able to minimally use it by the Fall Festival. Mr. Coppock answered it is the plan. The handicap ramps may not be installed but the trail surface should be in.
Scott Thomas said if there is a cut on the sidewalk that will connect with the Trail so it can be accessed with wheelchairs and baby strollers facing the Street Department when coming off of the sidewalk on the far side of Temperance. He assumes that is where they have to come across to access the sidewalk to get to the trail. Mr. Coppock answered once they tie into the sidewalks it follows the sidewalk system currently in place.
Resolution 13-2015 to Finance a Tanker Truck and Equipment for the Fire Department
Scott Oldham announced they are now ready to revisit this issue.
Fire Chief Mike Cornman advised he and Deputy Chief Patton went through the specifications for a tanker truck from Pierce Manufacturing and they are what they asked for. The total price will not exceed $298,717.01. Richland Township (“Township”) is giving the Fire Department the money through a contract to make payment for this apparatus. At the end the Township basically sells it back to the Town on paper.
Kevin Farris confirmed all of the specs matched up. Chief Cornman said that was correct. It is a tanker truck and not as detailed as a fire engine. Mr. Oldham commented it is his understanding this has some engine components on it so it could be substituted in extreme situations. Chief Cornman stated by definition it is a tanker pumper. It can perform the duties of a pumper if needed, although, it is not classified as a pumper truck. The current tanker truck can serve as a pumper but it would be difficult to do so. It won’t be an issue with the pumper they’re purchasing. Mr. Oldham asked the age of the current tanker. Chief Cornman answered it is almost 20 years old. Their intent is to put the old tanker for sale by sealed bid. Mr. Farris asked if the tank is stainless steel. Chief Cornman replied it is.
Scott Oldham entertained a motion to approve Resolution 13-2015. Dianna Bastin made a motion to approve Resolution 13-2015. Kevin Farris seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Scott Oldham entertained a motion to accept the bid from Pierce. Dianna Bastin made a motion to accept the bid from Pierce. David Drake seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Boys and Girls Club of Ellettsville (“BGCE”) Request for Event – Brandi Hamilton
Jeff Baldwin, Executive Director of the Boys and Girls Club, thanked the Town Council for their support of the clubs to further their efforts to support the kids in the community. They see 171 kids after school. He introduced Brandi Hamilton, a parent at the club and a member of the Ellettsville Council for Youth.
Brandi Hamilton, Chairperson of the Special Events Committee at BGCE, is proposing to do an event much like the Strawberry Festival the Women’s Auxiliary Club does for the Boys and Girls Club of Bloomington every May. They want to bring this event to downtown Ellettsville. The event they’re proposing is the “Ellettsville Sweet Treat Social” on Sunday, October 18, 2015, from 5:00 p.m. to 7:30 p.m. They’re asking to use the municipal parking lot at the corner of Sale Street and W. State Road 46. It is a fundraising event for BGCE. They’re proposing to a walking apple pie. It will be a cone filled with warm apple pie filling and ice cream from Jiffy Treat and the cost will be $5 and $1 for bottled water. A tent will be set up and they are working with the Ellettsville Street Department to set up a riser or stage for entertainment during the event. They will provide trash receptacles and a porta potty.
Scott Oldham asked if the State Board of Accounts will have a problem with this. Ms. Brown replied she didn’t think so, not with an issue like this.
Scott Oldham entertained a motion to approve the event schedule October 18, 2015, for the Boys and Girls Club. Dianna Bastin made a motion to approve the event schedule October 18, 2015, for the Boys and Girls Club. David Drake seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Sandra Hash advised she offered the Mass Gathering Permit to them but because it is a new event they didn’t think they would reach the minimum number required by the permit.
Conflict of Interest Disclosure Statement – G. Kevin Farris
Kevin Farris explained the Fire Department bought a mattress from him and he did an Interest Disclosure Statement.
Sandra Hash explained all Conflicts of Interest Statements are introduced to the Town Council for approval. After the Town Council approves it and signs off on it she then sends it to the State Board of Accounts who keeps it on file and returns a copy acknowledging the same. It acknowledges the Town is going to do business with a Council member.
Discussion of the Clerk-Treasurer’s and Utilities Office Location
Dianna Bastin wanted to attend the Work Session and listen to what everyone had to say. For some reason they know or think there is mold in the building and the employees are not comfortable. If there is any room for doubt at all on any kind of health issue she will always err on the side of the employees. It has nothing to do with the comments made during the Work Session. Those are all cosmetic and can be fixed. If they find they could compromise, she could go along with that. They need to get back to work. It’s not as if the employees could be assigned to other department. The employees need to feel good about going back to work.
David Drake said it is not an easy decision. He is not happy with any of the options. If he has to pick one thing that matters above all else it would be the employees’ health. If it wasn’t for the time constraints maybe they would have more time to wait and see what happens which would be his preference. If it is going to cost as much and take as much time to move back as it to move to the other place then he would prefer to move into the other location. Mr. Farris is anxious to get into the new building and alleviate all of this.
Dianna Bastin doesn’t think they’re done with the former Town Hall location. She wants to find something that can go in there. It is a beautiful building. Downtown isn’t done so she doesn’t share the dismal view. Now the Town offices have been on one level. No matter someone’s situation they have access. People don’t have to climb the stairs or go up a ramp. She’s worried it would be taking a step backwards as far as ADA compliance. Eagles Landing provided a good way to alleviate these issues.
David Drake thinks one of the reasons they didn’t try to sell the old Town Hall was because they didn’t want to abandon that area and that was an important consideration in deciding what to do with the building. The fact it wasn’t suitable for the Town’s needs any more, the flooding gave them a reason to act maybe more quickly than they would have otherwise. There wasn’t any intent for the Town to abandon that area.
Scott Oldham thinks the old Town Hall is incredibly viable. When they’re thinking about leasing it to someone else, does it make good fiscal sense to put money in it now to build to suit for us? Then a year from now turn around and build to suit for somebody else? He doesn’t know if that’s a good use of the taxpayers’ funds. Mr. Farris added if the Town moves back into the old Town Hall, being able to explore options would be easier if it is not occupied. Mr. Oldham thinks Eagles Landing is an iconic piece of Ellettsville. He does have the pleasure of knowing the owners and thinks they’re good people. He thinks in the long run they will do whatever it takes to make sure the tenants of the building are safe. It is secure and they will make it everything it has always been. He is a little concerned with the timing of what they’re going to do, how they’re going to do it and how long it takes to get them to where they need to get everything in line to make sure it all works. He doesn’t know if they’re left with a lot of options for themselves and the employees. Employee health has to be the absolute priority.
Scott Thomas agrees when concerns are raised about employee health they have to respond. On the other hand, the landlord is saying they will get somebody in there and they can get a time frame. He disagrees the employees couldn’t be used elsewhere. Surely, there is some administration in each department who could use a hand to set up a temporary facility while they get determination if it is safe or not. Let professionals handle it. He feels like they owe it to see if there is a problem before they move. They need to find out what the true options are right now and he doesn’t think they know yet.
Scott Oldham entertained a motion to temporarily move to office space that used to be occupied by Smithville at Smith Pike Crossing. Dianna Bastin made a motion to temporarily move to office space that used to be occupied by Smithville at Smith Pike Crossing.
After the motion, there was the following discussion:
Scott Oldham asked if temporarily means until they can determine or until the new building is built. Ms. Bastin amended her motion to state until they can determine the condition of the office space they occupy now and/or the building of the new Town Hall.
Scott Thomas asked if moving, day by day, and setting up until they get a determination if they can go back is what she is saying. Ms. Bastin answered yes. She wants to be fair to everybody and this is the best way she can make a motion. Mr. Farris asked for clarification of the motion. Ms. Bastin explained her motion is amended to state they move temporarily to Smith Pike Crossing until they can make a determination about the current office space or until they move in to a newly constructed Town Hall. There is a person who owns a building they do business with who wants a chance to do some investigating. She thinks they need to hear from that person when they have answers. Mr. Oldham remarked they will revisit this topic whenever it becomes available.
David Drake seconded the motion. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; David Drake – yes; Dianna Bastin – yes and Kevin Farris – yes. Motion carried 5-0.
Scott Oldham asked Jim Davis to make arrangements for the applicable departments to do what is necessary such as getting the outside things cleaned. Mr. Thomas asked if they would want to take the minimal amount to set up until they find out the test results. He would hate to move everything down there and have to move everything back again. Ms. Bastin asked if everything needs to be removed for cleaning so the employees feel safe. Mr. Oldham asked Beth Robinson since their lease expires in 15 days does she think she could have an answer by then. Ms. Robinson replied she would think so. Ms. Hash commented the rent is due on the first of September. The lease on Room 110 expires in January. To move temporarily and still function they have to take the server. All of their proprietary software is on the server. Their computers are all tied to the server and everything is stored on it. They cannot keep some people at Eagles Landing and a few at a temporary location. It is not possible. If they’re going to stay they need to stay and if they’re going to move they need to move. They can’t say they’re going to move for a few weeks while they’re waiting to see if the air samples are okay and move back. It is just not possible. Mr. Farris commented they need to not micromanage the employees and let them do what they need to do to stay functional. Mr. Oldham asked if they want to continue and pay for next month or do they want to terminate the lease. Mr. Farris stated if the lease is over the first of the month and for whatever reason they decide to go back there would be a new lease. Ms. Robinson reminded them they have to give notice. They can still move out but it is 30 days on the rent. Mr. Oldham asked if they want to terminate the lease and serve notice or do they want to stay in the lease for what would could be another four weeks because their next meeting is September 14, 2015.
Dianna Bastin said if they move out and go back they could enter into a new lease agreement. Should they give notice now? If anything changes they could go back so they could renegotiate. Ms. Brown agrees. Given the issues they’ll have with moving the equipment it would seem the best option is to give notice now and terminate the lease. If they can work out the issue with Eagles Landing they could always enter into another lease agreement. Ms. Bastin stated they could lose some prime office space by doing so.
Diana Bastin made a motion to give notice now. Scott Oldham seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – no; David Drake – yes; Dianna Bastin – yes and Kevin Farris – yes. Motion carried 4-1.
Dianna Bastin complimented the Street Department and Milestone for the nice job they did on Tecumseh Street. They put down new pavement which is really nice. The Ellettsville Police Department has stepped up patrol because of people driving faster.
She complimented Ellettsville Utilities for fixing main breaks during the night. She saw them working and stopped. They were cleaning up pool toys, chairs and other things covered by mud. A worker told her as they find the time they like to help out. Well done guys. It made her really proud.
Rick Coppock, Bynum Fanyo and Associates, said Jim Davis has three sets of preliminary layouts for the New Town Hall. It shows the floor plan and elevation view for their review. Mr. Oldham asked that the plans be put on the Town’s website.
Dianna Bastin is 80% okay with the plans but she thought there would be separate offices in Utilities and the Clerk-Treasurer’s offices. She has already heard they all want to be together. She thinks there should be a separate office for the head of Utilities and the Clerk-Treasurer. These people are not always going to be the ones to work there. Let’s pay for it now and not have to pay to remodel it later.
Scott Oldham entertained a motion to adjourn. Dianna Bastin made a motion to adjourn. Kevin Farris seconded. Motion carried. Scott Oldham adjourned the meeting at 7:52 p.m.