August 28, 2017
The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, August 28, 2017, at the Ellettsville Town Hall Meeting Room located at 1150 W. Guy McCown Drive. Scott Oldham called the meeting to order at 6:30 p.m. Brice Teter led the Pledge of Allegiance followed with a prayer by Jimmie Durnil.
Roll Call: Members present were Scott Oldham, President, Brian Mobley, Vice President, Kevin Farris, and Brice Teter. Scott Thomas was absent. Jim Davis, Town Manager; Sandra Hash, Clerk-Treasurer; Darla Brown, Town Attorney; and Rick Coppock, Bynum Fanyo and Associates, Town Engineer, were also present.
Supervisors present were: Mike Cornman, Danny Stalcup, Jimmie Durnil, Kevin Tolloty, Mike Farmer and Jeff Farmer.
Approval of Minutes
Scott Oldham entertained a motion for approval of the minutes for the Budget Meeting on July 26, 2017, and regular meeting on August 14, 2017. Kevin Farris so moved. Brice Teter seconded. Motion carried.
Accounts Payable Vouchers
Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers. Brian Mobley had a question on a claim which was answered by a supervisor. Kevin Farris made a motion to pay the Accounts Payable Vouchers. Brice Teter seconded. Motion carried.
Resolution 16-2017 Transfer of Funds
Town Marshal Jimmie Durnil explained this resolution is for a transfer of funds needed to complete the installation of department vehicles.
Scott Oldham entertained a motion. Brice Teter made a motion to allow the transfer of funds of 16-2017. Kevin Farris seconded. Roll call vote: Scott Oldham – yes; Brian Mobley – yes; Kevin Farris – yes; and Brice Teter – yes. Motion carried.
Ordinances on Second Reading
Ordinance 2017-05 to Amend Chapter 97.02 Concerning Street Trees Lying Within a Public Right-of-Way
Kevin Tolloty, Planning Director, explained the amendment clarifies definitions and the trees that are the responsibility of the Street Department. All references to the tree committee have been removed. It allows the Planning Department to put together a list of permitted street trees to be approved by the Plan Commission.
Scott Oldham entertained a motion. Kevin Farris made a motion to adopt Ordinance 2017-05 to Amend Chapter 97.02 Concerning Street Trees Lying Within a Public Right-of-Way. Brice Teter seconded. Roll call vote: Kevin Farris – yes; Brice Teter – yes; Brian Mobley – yes; and Scott Oldham – yes. Motion carried.
Ordinances on Second Reading
Brian Mobley will be meeting with Hanna Fagen, Constituent Liaison for the Honorable Trey Hollingsworth, Representative of the 9th District, in September. They’re going to set a date when Congressman Hollingsworth can meet with business owners downtown and see the damage at McNeely Street.
Police Department Request to Hire a Part-Time Police Officer
Town Marshal Jimmie Durnil requested to hire Logan Frye, a recent graduate of Indiana University (“I.U.”) and the I.U. Police Academy and he is Indiana Law Enforcement Academy certified. He will be working in the Police Department for the next five days and then on the street with the full-time officers until he is ready for solo patrol. Mr. Frye will be working 30 hours a week.
Brian Mobley asked if Mr. Frye currently works for Indiana University Police Department. Mr. Teter answered he is an auxiliary officer which is limited to special events. Mr. Mobley asked if he will fill the open spot. Marshal Durnil answered he is and they’re six to eight weeks from filling the job opening. The position will be funded from the Local Income Tax (“LIT”) fund. Mr. Mobley asked if he will get a take home vehicle. Marshal Durnil replied no. Mr. Mobley asked if the position was posted. Marshal Durnil explained they take applications for full-time, part-time or reserve any time. Mr. Mobley asked although he will be part-time for Ellettsville and Mr. Teter will be his boss at I.U., will there be any problems working with Mr. Frye at I.U. Mr. Teter will recuse himself from any Town Council business involving Mr. Frye. Mr. Mobley reviewed the yearly schedules for the Police Department. At times, there have been four to five people taking paid time off (“PTO”) on a shift. He wants to have a workshop and revisit the PTO in their policies and procedures. Marshal Durnil explained they rely heavily on their part-time and reserve officers. They have senior officers who have a lot of PTO which is normal.
Scott Oldham entertained a motion. Brice Teter made a motion to allow the Police Department to hire Logan Frye as a part-time Police Officer. Kevin Farris seconded. Roll call vote: Scott Oldham – yes; Brian Mobley – no; Kevin Farris – yes; and Brice Teter – yes. Motion carried, 3-1.
Sandra Hash, Clerk-Treasurer, administered the Oath of Office to Logan Frye.
Agreement Between the Town of Ellettsville and Indiana University Health Bloomington - Ambulance
Fire Chief Mike Cornman presented a contract between I.U. University Health and the Town of Ellettsville to provide a backup ambulance to Monroe County in the amount of $59,868.80 for 2018. It is the same as the 2017 contract.
Scott Oldham entertained a motion. Brice Teter made a motion to enter into an agreement with the Indiana University Health Bloomington Ambulance Service based on the agreement before them. Kevin Farris seconded. Roll call vote: Scott Oldham – yes; Brian Mobley – yes; Kevin Farris – yes; and Brice Teter - yes. Motion carried.
Agreement Between the Town of Ellettsville and Richland Township (“Township”) – Fire Protection Services
Fire Chief Mike Cornman presented an agreement identical to current year with the exception of an increase of 4% which is the Growth Quotient Factor. The Township Trustee met with his Department of Local Government Finance representatives who told him he will get that amount and to move ahead with the contract. Mr. Oldham asked if there is an anticipated purchase for next year. Chief Cornman answered not for next year.
Scott Oldham entertained a motion. Brice Teter made a motion to pass the Agreement between the Town of Ellettsville and Richland Township for Fire Protection Services that is before them. Kevin Farris seconded. Roll call vote: Brice Teter - yes; Kevin Farris – yes; Brian Mobley – yes; and Scott Oldham – yes. Motion carried.
Town Council Comments
Brian Mobley asked Kevin Tolloty on the status of annexing the Stewart property. Mr. Oldham thinks there needs to be a work session to determine how to proceed with annexations and how much time to devote to the process. They need to decide if this is something that needs to be done individually or draft a master plan as to where the Town wants to go. This way, there will be a set course and they will know the services they will need to provide before they launch in to doing annexations.
Brian Mobley is working with taxpayers’ money so he is not going to “rubber stamp” everything and just accept what supervisors are telling him. His job is to protect the taxpayers’ money and he will continue to ask questions.
Town Manager’s Comments
Jim Davis, Town Manager, advised the sound boards for the Town Council chambers will arrive on August 29, 2017.
Fire Chief Mike Cornman requested to hire a part-time firefighter, Troy Colvin. This is not a new position. The Fire Department has lost five regular part-time firefighters in the last six months. The rate of pay will be $11.27/hour. Mr. Colvin has been approved by I.U. Health Bloomington Hospital to be a backup ambulance driver.
Scott Oldham entertained a motion. Kevin Farris made a motion to hire part-time Troy Colvin per the Fire Chief’s request. Brice Teter seconded. Roll call vote: Scott Oldham – yes; Brian Mobley – yes; Kevin Farris – yes; and Brice Teter - yes. Motion carried.
Fire Chief Mike Cornman presented two automatic aid agreements for approval. The Insurance Service Office (“ISO”) rates fire departments based on water supply, dispatch system and firefighting capabilities to determine rates for homeowners and select commercial insurance. There has never been a written aid agreement with surrounding fire departments. An ISO representative visited the City of Bloomington and informed them there now has to be written agreements. The agreements between the Town of Ellettsville and Van Buren Township and vice versa have been reviewed by legal counsel. Nothing has changed since 1972 and has never been in writing. However, it was amended in 1983 to add rescue apparatuses. Automatic aid is set in the dispatch system and in certain locations they are automatically sent. The agreements have to be signed by the elected officials.
Brian Mobley asked if there will be an agreement with Northern Monroe Fire Territory. Chief Cornman answered yes, they’ve been working on it and it may be expanded from what they’ve done in the past. The agreement will be presented at the September 11, 2017, Town Council meeting. Mr. Mobley asked how often the ISO visits. Chief Cornman replied it is upon request or every five years. Ellettsville has been visited every five years since 1965. Mr. Mobley asked if the new waterlines will lower insurance rates for Town residents. Chief Cornman explained anyone living near a fire hydrant that can put out at least 1,000 gallons per minute as long as they’re within five miles of a fire station will be more likely get a better rate on their homeowner’s insurance. Mr. Oldham asked what the current ISO rating is for Ellettsville. Chief Cornman replied in Ellettsville, within 1,000 feet of a fire hydrant is rated a Class 5, within five miles of the Fire Department but beyond 1,000 feet of a fire hydrant is a Class 9 and more than five miles from the Fire Department is a Class 10. There are seven properties in the Whitehall near the Monroe-Owen-Greene County Line on State Road 46 that fall in that category. Mr. Oldham asked if Van Buren should decide to join with another fire district is the agreement still binding. Ms. Brown answered it would be binding until they joined the other territory. Depending on whether it is a fire protection district or forms a new district or territory then the Town would want to have an agreement with that entity. Mr. Oldham asked if he anticipated an agreement with Stinesville. Chief Cornman answered it is up to them. They are aware of the situation with their automatic aid and they’ve not received a response for two years. Mr. Oldham asked if Ellettsville still makes runs to Stinesville. Chief Cornman replied yes because they do have a written agreement from 1987. ISO does not recognize the agreement but a majority of the insurance companies do.
Scott Oldham entertained a motion. Kevin Farris made a motion to except the automatic aid agreement with Van Buren, going both ways. Brice Teter seconded. Roll call vote:
Scott Oldham – yes; Brian Mobley – yes; Kevin Farris – yes; and Brice Teter - yes. Motion carried.
Town Marshal Jimmie Durnil thanked them for the transfer of funds and for the confidence in allowing him to hire Mr. Frye. Old Town Hall is nearing completion. They’re working on a punch list to get ready for final inspection and then it will be ready for occupancy. It really looks nice.
Kevin Tolloty, Planning Director, attended a FEMA Community Rating Service Program. If the Town follows certain procedures it can reduce flood insurance rates between 5% to 15% for people in Town. He will be inventorying the Town and will seek approval to start the process.
Privilege of the Floor
Sandra Hash, Clerk-Treasurer, announced the pre adoption budget hearing will be at the next Town Council meeting.
Scott Oldham entertained a motion to adjourn. Kevin Farris so moved. Brice Teter seconded. Scott Oldham adjourned the meeting at 7:02 p.m.