December 13, 2010
The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, December 13, 2010, at the Fire Department Training and Conference Room. Scott Oldham called the meeting to order at 7:30 p.m. Sandra Hash led the prayer following the Pledge of Allegiance.
Roll Call: Members present were Scott Oldham, Vice President; Dianna Bastin, David Drake and Dan Swafford. Absent was Phillip Smith, President. Sandra Hash, Clerk-Treasurer, and Darla Brown, Town Attorney, were also present.
Supervisors Present were: Jim Davis, Tony Bowlen,
Approval of Minutes
Scott Oldham entertained a motion for the approval of the minutes for the Regular Meeting on November 22, 2010 and the Executive Session on November 29, 2010. Dan Swafford so moved. David Drake seconded. Roll Call Vote: Scott Oldham yes; Dianna Bastin yes; David Drake yes and Dan Swafford yes. Motion carried 4-0.
Accounts Payable Vouchers
Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers. Dianna
Bastin so moved. Dan Swafford seconded. Roll Call Vote: Scott Oldham yes; Dianna Bastin yes; David Drake yes and Dan Swafford yes. Motion carried 4-0.
Meeting Schedules for 2011
Sandra Hash, Clerk-Treasurer, advised there are a few changes due to holidays. The only holiday that affects Town Council is Christmas. Therefore, that meeting is moved to Tuesday, December 27, 2011. Other than the last meeting in December, the meetings are the second and fourth Mondays of the month.
The Park Board has several changes to their meeting dates. The Planning and Zoning Board does not have any changes. Their meetings are the first Thursday of every month.
The Town Council meetings have always started at 7:30 p.m. A few years ago, the Plan Commission moved their meetings to 6:00 p.m. Ms. Hash asked Council members if they would consider changing the time for starting to 7:00 p.m. or 6:30 p.m. for 2011. Dianna Bastin stated she was also going to ask Council to consider starting at 6:30 p.m. David Drake and Dan Swafford commented they preferred to start at 7:00 p.m.
Scott Oldham entertained a motion to approve the meeting schedules of the Town Council, Park Board and Planning and Zoning for 2011 and to start the Town Council meetings at 7:00 p.m. David Drake so moved. Dan Swafford seconded. Roll Call Vote: Scott Oldham yes; Dianna Bastin no; David Drake yes and Dan Swafford yes. Motion carried 3-1.
Proposed Waterworks Refunding Revenue Bonds of 2010 John Seever, CPA, H.J.
John Seever, CPA of Umbaugh Associates. Also present was Jessica Eckerley, CPA. The Council was presented with the proposed refunding of the Towns outstanding 1998 water bond issue. The Schedule of Estimated Debt Service Savings is a comparison of the prior debt service on the 1998 bonds to the debt service on the refinancing bonds; the savings is approximately $11,000 to $17,000 a year. The purpose of the refinancing would be to reduce the annual principal and interest payments by approximately $14,000 to $15,000 a year. Over the remaining life, the maturity wouldnt be extended as bonds pay off at the same time. Mr. Seever apologized for this happening so quickly but they were approached by an underwriter who had a buyer with an interest in municipal bonds. If the Town wishes to proceed with refinancing a bond ordinance will have to be adopted. In principal, the refunding of the revenue bonds is like refinancing a house. Municipal interest rates are the lowest they have ever been. The water utility is regulated by the IURC. However, the IURC does not have jurisdiction over the refinancing of municipal debt. David Drake confirmed the Town will save between $100,000 to $115,000 over the course of what remains of the bond structure settlement. Mr. Seever stated this is the onlyDecember 13, 2010 Town Council Meeting continued time the Town will be able to do this. If the interest rate should drop lower after the paperwork is signed the Town cannot refinance the bonds. Since this deal was proposed the interest rates have gone up. There will be fees for Umbaugh, Ice Miller and Darla Brown. The fees are built into the refinancing. The savings numbers are after the fees have been paid.
Dianna Bastin stated she thinks the Town needs to
do the refinancing for a savings of approximately $113,000. Dan Swafford asked
why the figure changed from $1 to $100,000 when the bond matures. Darla Brown
stated that was Ice Millers decision. Mr. Seever
explained the transaction is going to one buyer and it is a bank. The reason
why it changed is because if it is sold in $100,000 maturities, the Town will
be exempt from continuing disclosure. Continuing disclosure means every year
the Town would have to file certain information that would be available to
buyers of the bonds. Therefore, because there is one buyer, and with that
change, the Town qualifies for the exception to the rule and will not have the
annual obligation to file a continuing disclosure. Scott Oldham asked since the
Town is selling to one vendor, have they received assurances that it is not an
off shore vendor. Mr. Seever responded it is a bank
Russ Ryle stated Scott Oldham brought up an interesting point regarding an off shore buyer. He believes the buyer of the bonds has the legal right to sell to whomever they want to. Mr. Ryle asked since the Town is selling to one buyer, does it give them additional authority or reason to be involved with the operation of the water company. David Drake stated the buyer would receive no additional benefits other than if the bonds
were sold in 50’ shares. John Seever commented typically, the buyers would have the ability to re-sell the bonds. However, in the Towns case, the buyer is promising to hold the bonds until maturity. Therefore, the bonds are not negotiable. Dan Swafford confirmed the interested rate is fixed.
Ordinances on First
Ordinance 10-22: Bond Ordinance for Waterworks Refunding Revenue Bonds of 2010
David Drake made a motion that Ordinance No. 10-22 be submitted for first reading. Dan
Swafford seconded. Roll Call Vote: Scott Oldham yes; Dianna Bastin yes; David Drake yes and Dan Swafford yes. Motion carried 4-0.
Dianna Bastin made a motion that Ordinance No. 10-22 be adopted on the same day at which it is introduced. David Drake seconded. Roll Call Vote: Scott Oldham yes; Dianna Bastin yes; David Drake yes and Dan Swafford yes. Motion carried 4-0. David Drake moved that Ordinance No. 10-22 be adopted. Dianna Bastin seconded. Roll Call Vote: Scott Oldham yes; Dianna Bastin yes; David Drake yes and Dan Swafford yes. Motion carried 4-0.
John Seever advised the closing is to take place on December 23, 2010. Redemption of the 1998 bonds will occur approximately 30 days after the closing. Darla Brown confirmed the closing will take place by telephone. Dianna Bastin thanked the Towns attorney, Ice Miller and Umbaugh for their work on this matter.
Ordinances on Second
Ordinance 10-21: Salary Ordinance for 2011
Sandra Hash, Clerk-Treasurer, noted Jim Ragle with the Street Department had a minor change which combined a couple of classifications. No numbers have been changed since the first reading.
David Drake moved to approve Ordinance 10-21, the Salary Ordinance for 2011. Dianna Bastin seconded. Roll Call Vote: Scott Oldham yes; Dianna Bastin yes; David Drake yes and Dan Swafford yes. Motion carried 4-0.
Agreement between the Town of
Bloomington concerning Animal Control
Darla Brown - On December 2, 2010, Sandra Hash, two
Town Council members and Ms. Brown met with one Monroe County Commissioner, one
Monroe County Council Member and two of the
Dan Swafford made a motion to table the Agreement between
the Town of
Rural Transit Area 10: Bus Transit Location/Purchasing
Mr. Nortons group was able to salvage and refurbish.
Dianna Bastin made a motion to approve the Rural Transit
Area 10 Bus Transit location on
Doug Norton, Rural Transit Area 10, stated its
just a matter of planning and getting the right location for the people in
Town. After monitoring their growth, Rural Transit has a good idea of where the
people who use their service are located. Other possible locations are the Village
Inn, on the other side next to the old fire station, and the corner by City Hall.
As weather improves and trips pickup they will once again start thinking about additional
bus stops. Scott Oldham said the Town cannot commit financially until after the
first of the year. Dan Swafford asked how long before the first bus stop is
erected. Doug Norton responded it will be put up as soon as the ground is dry
or workable. Dan Swafford asked
Agreement between the Town of
Annual Maintenance Agreement and Disaster Recovery Plan
for 2011 Sandra Hash, Clerk-Treasurer, stated this is a standard agreement
every year. The annual maintenance agreement gives the Town the ability to get
updates to the software and they can call Komputrol any time there is an issue
or problem. The disaster recovery consists of taking a data tape and converting
it to a CD twice a year so everything on the computer is saved. Also a daily
backup is done and taken from Town Hall every evening. If something happened to
Town Hall, we could take the backup, go to the Komputrol Facility and they
would have everything needed to get the Town up and running again. Scott Oldham
asked if the contract was $5,445. Sandra Hash responded that was correct December 13, 2010 Town Council Meeting continued for
the annual agreement and the disaster recovery was $450. Scott Oldham asked if
other contractors were looked at. Ms. Hash stated they have looked at a couple
of others and it is approximately a $50,000 investment to change software
vendors. This agreement covers utility billing, budgetary, payroll and asset
management. Komputrol is a dependable system and works well with very few
glitches. There is a $175 increase. Dan Swafford asked how often Komutrol was used last year for customer support. Sandra
Hash said she couldnt state how often utilities calls but her office calls
perhaps a couple of times a month. When something does go wrong, however, Komutrol promptly calls back. Compared to having an IT
person, the contract with Komutrol is quite a
bargain. Dan Swafford made a motion to approve the Annual Maintenance Agreement
and Disaster Recovery Plan for 2011 between the Town of
Safe Routes to School Project Updates Utility Relocation/INDOT Contract with
Duke and the Town of
One of the light poles on
Heritage Trail Project,
The Town has received the notice to proceed with the environmental review on the Heritage Trail project. As soon as the consultant is available, the environmental review can start since the Town has received the notice to proceed. The environmental review will be a reimbursable expense.
Minor FEMA Revision to Ordinance
10-20, Numerical Sequence,
Number 3 is in a listing two times and one of them needs to be changed to a 4. This has been corrected.
Tony Bowlen, Town Marshal, requested approval of a
new reserve officer, Christopher Elliott. Mr. Elliott was formerly a Monroe
County Auxiliary Police Officer and currently works full time at the Department
of Defense Police at Crane. David Drake made a motion to appoint Christopher
Elliott as a reserve police officer for the Town of
Scott Oldham Jim Ragle is not at the meeting because the Street Department was out all night plowing. Mr. Oldham expressed appreciation to the Street Department for plowing, the Utilities Department for repairing a water leak and the Police and Fire Departments for their normal daily duties.
December 13, 2010 Town Council Meeting continued Dan Swafford made a motion to adjourn. David Drake seconded. Motion carried. Scott Oldham adjourned the meeting at 8:10 p.m.