December 14, 2015

 

 

 

The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, December 14, 2015, at the Fire Department Training and Conference Room.  Scott Oldham called the meeting to order at 6:30 p.m.  David Drake 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 S. Bastin, David Drake and Kevin Farris.  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, Jeff Farmer and Mike Farmer. 

 

Approval of Minutes

 

Scott Oldham entertained a motion for approval of the minutes for the regular meeting on November 23, 2015.  David Drake so moved.  Dianna S. Bastin seconded.  Motion carried.

 

Accounts Payable Vouchers

 

Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers.  Kevin Farris so moved.  David Drake seconded.  Motion carried.

 

Meeting Dates for 2016

 

Sandra Hash, Clerk-Treasurer, explained the only change for Town Council in 2016 is the second meeting of the month which will be on December 27th because of Christmas.  The Plan Commission has approved their schedule for 2016 and she has provided proposed meeting dates to the Park Board for their approval. Mr. Oldham asked if the dates will be posted as always.  Ms. Hash answered yes.

 

Resolutions

 

Resolution 22-2015 Transfer of Funds

 

Sandra Hash, Clerk-Treasurer, explained this is a common practice toward the end of the year.  The Town Manager’s salary line is short so $1,000 from Office Supply and $1,000 from Gas and Oil will be transferred.  The Planning Department would like to purchase a copier so they are transferring money from Rent, Gasoline and Oil, Advertising, ADA Advertising into Furniture and Equipment.

 

Scott Oldham entertained a motion to approve Resolution 22-2015 Transfer of Funds.  Dianna S. Bastin made a motion to approve Resolution 22-2015 Transfer of Funds.  David Drake seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes.  Motion carried 5-0.

 

Resolution 23-2015 to Adopt a Written Fiscal Plan and to Establish a Policy for the Provision of Town Services for the VanHorn Property Annexation

 

Kevin Tolloty, Planning Director, explained nothing is going to change for anyone other than the owner of the property being annexed and he is okay with it.  Mr. Oldham asked if it is a voluntary annexation.  Mr. Tolloty replied yes, it is 100%.

 

Scott Oldham entertained a motion to adopt Resolution 23-2015.  David Drake made a motion to adopt Resolution 23-2015.  Scott Thomas seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes.  Motion carried 5-0.

 

Resolution 24-2015 Approving the Settlement Agreement Between the Town of Ellettsville and the Office of Utility Consumer Counselor

 

Darla Brown, Town Attorney, explained in December 2013 the Town Council approved an ordinance authorizing the issuance of Water Works Revenue Bonds in order for the Town to build a secondary waterline for a second source of water.  The waterline will come into the Town from City of Bloomington Utilities.  In August 2015, the Town filed a petition with the Indiana Utilities Regulatory Commission (“IURC”) asking for authority to issue the Water Works Revenue Bonds to obtain funds for improvements, extensions and replacements to the Water Works system.  They also requested authority to increase customer water rates to generate revenue to pay maintenance costs, operating charges and so forth for the Town’s Water Works.  After the Town filed its petition and supporting materials they needed testimony from individuals such as Doug Baldessari of H.J. Umbaugh and Associates.  They engaged in negotiation with the Office of Utility Consumer Counselor (“OUCC”) and she, on behalf of the Town, and IURC counsel, Mark Cooper and Pete King, entered into a settlement agreement in theory and principal with the OUCC.  The agreement needs Town Council approval.  She thought the negotiations with the OUCC went extremely well.  The Town had asked for a 24.65% rate increase and the OUCC agreed to 21.31%.  The Town set forth its plan for extensions and replacements, equipment replacement, extending the lines and so forth and the OUCC did not argue with any of those numbers.  As part of the petition, the Town also asked for an adjustment of the rent expense to be paid by the water utility for its share of the occupancy of the new Town Hall.  They asked for $42,000 a year and the OUCC agreed to $18,983.  Attached to the resolution is an exhibit prepared by Mr. Baldessari outlining of the numbers they’re looking at for the settlement.  The resolution authorizes her and the IURC attorneys to draft, sign and file the settlement agreement and other documents and prepare the order to be signed in January 2016.  They have a hearing on January 11, 2016.  

 

Scott Oldham asked if it will result in a rate increase.  Mr. Baldessari replied it will be $3.90 for the inside of Town and the outside of Town will remain the same.  Ms. Brown stated in the petition the Town agreed to do away with the outside/inside of Town rate differentials. 

 

Scott Oldham entertained a motion to adopt Resolution 24-2015.  David Drake made a motion to adopt Resolution 24-2015.  Dianna S. Bastin seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes.  Motion carried 5-0.

 

Resolution 25-2015 Karst Trail Phase 3 Donation of Land Easement

 

Jim Davis, Town Manager, explained Monroe County is in the process of bringing a trail toward Ellettsville.  Now, they’re at the intersection of Loesch Road and where the old Monon Railroad track used to be.  Within the next year or two the trail will come into Ellettsville and will connect at the old railroad bed and run behind Bowman’s Garage to the intersection of State Road 46. 

 

Lisa Ridge, Public Works Director for Monroe County, explained they’ve expedited this project because they’re under an Indiana Department of Transportation (“INDOT”) deadline.  They have to have their submittal to INDOT by next week for this project to keep going forward because they’re unable to move into the next fiscal year.  There will be one more phase of the trail to connect which is Phase 2B.  This will help to receive the funding for that connection to complete the trail.

 

Jim Davis said the total donation is approximately a one acre easement.  Mr. Oldham asked if this will be a paved trail.  Ms. Ridge answered yes, it is a paved trail.  Phase 2B that will connect to the trail is to be paved but it may have to start out as gravel.  However, they do have the quotes to move Phase 2B into a paved trail.  Mr. Oldham asked when they would begin on this phase.  Ms. Ridge explained it is on the letting schedule for INDOT in March or April of 2016.  Then construction would begin the next summer.  Mr. Thomas asked when it is constructed and in place who will be responsible for upkeep.  Ms. Ridge answered their trails are maintained by Parks and Rec.

 

Scott Oldham asked Rick Coppock if he sees any drainage problems for the trail.  Mr. Coppock answered no.

 

Kevin Dogan, Monroe County Legal Department, explained Mr. Davis has received a number of documents including a drawing of the parcel plat and the legal descriptions of the permanent and temporary easements which will be a part of the project.  Also, he received forms for the Town to donate this easement to the county for this project.  By donating the land, it will expedite the process and will, hopefully, allow them to get everything submitted in time for funding.  He has prepared the conveyance documents for both the temporary and permanent easements which were given to Mr. Davis and Ms. Brown today

 

Geoff McKim, Monroe County Council, thanked the Town Council for considering their request for a donation of easement.  This is one step forward in really bringing together the trail systems of Monroe County and the Town of Ellettsville and someday connecting with the City of Bloomington.  It is a great amenity for all of the residents. 

 

David Drake stated they’re all Monroe County taxpayers so it would be silly to charge themselves for donating land that is for public use. 

 

Scott Oldham entertained a motion to approve Resolution 25-2015 Karst Trail, Phase 3 Donation of Land Easement.  Dianna S. Bastin made a motion to approve Resolution 25-2015 Karst Trail, Phase 3 Donation of Land Easement.  Kevin Farris seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes.  Motion carried 5-0.

 

Ordinances on First Reading

 

Ordinance 2015-15 Fixing of the Salaries for Budget Year 2016

 

Sandra Hash, Clerk-Treasurer, explained the Salary Ordinance reflects a two percent raise.  She has provided it to the supervisors and hasn’t received any comments.  Mr. Thomas asked if it was an average two percent.  Ms. Hash replied everyone received two percent which was approved at budget time.

 

Ordinance 2015-17 to Adopt Supplement 2015 S-10 to the Town of Ellettsville, Indiana, Code of Ordinances

 

Sandra Hash, Clerk-Treasurer, explained the ordinances for last year have been updated to the Town Code.  Every time they do an update the Town is asked to accept the supplement.  Mr. Oldham asked if it is available for review.  Ms. Hash answered it was updated online immediately.  The book at Monroe County Library has been updated.

 

Ordinance 2015-18 to Fix the Amount of the Individual Surety Bond to be Posted by the Town Clerk-Treasurer and the Town Employees Who Are to be Covered by a Crime Insurance Policy

 

Darla Brown, Town Attorney, explained there are changes to the Indiana Code with regard to which municipal employees need to post a bond, the amount of the bond or a crime insurance policy which go into effect on January 21, 2016.  The Town Clerk-Treasurer is required to post a bond of $30,000 for each $1,000,000 of receipts of the officer’s office during the last complete fiscal year which is 2014.  The Clerk-Treasurer’s bond would be $300,000 because the Town’s receipts for 2014 were $10,179,242.  The statute also requires a bond or crime insurance policy to be purchased for those employees whose duties include receiving, processing, depositing, disbursing or having access to funds that belong to the Town.  The amount of the bond to be posted by those individuals is $5,000 or they could be covered by a crime insurance policy.  She drafted the ordinance by reading the statute in conjunction with the State Board of Accounts bulletin.  The State Board of Accounts bulletin says considering the materiality and risk of loss to political subdivisions the State Board of Accounts will not take audit exception if employees of a political subdivision who receive, process, deposit, disburse or otherwise have access to funds in an amount less than $5,000 are not bonded.  There are three categories:  Clerk-Treasurer - $300,000 bond; employees who handle more than $5,000 either have to post a $5,000 bond or be covered by a crime insurance policy and employees who handle less than $5,000.  There are five employees who handle more than $5,000:  Amber Wright, Becky Wines, Kim Weddle, Lori Farmer and Shawn Meadows.  Sandra Hash got quotes for posting the bond and/or the crime insurance policy and a crime insurance policy seems to be cheaper for those five.  There are three individuals who handle less than $5,000 a year and not covered by the ordinance:  Kevin Tolloty, Denise Line and Leah Fiegle.  The Town Council has to set the Clerk-Treasurer’s bond and determine whether or not those employees who handle more than $5,000 a year post a bond or be covered by a crime insurance policy.  They can require those employees who handle less than $5,000 a year to post a bond or be covered by a crime insurance policy. 

 

She is advising that the State Board of Accounts will not take audit exception if they don’t require those folks to post a bond or be covered by a crime insurance policy.

 

Sandra Hash, Clerk-Treasurer, clarified her and her deputy have always had a bond.  This will be a change for the deputy to possibly go on a crime policy.  For many years, they have had a crime policy covering employees.  This is a new act on the state’s behalf to make sure everyone is equally compliant.  Mr. Oldham asked if the three employees who handle less than $5,000 a year are included.  Ms. Hash doesn’t know if their names are included in the crime policy because it is a blanket policy.  Mr. Oldham asked if this is sufficient under Indiana code.  Ms. Brown doesn’t know if they have to be enumerated but she did in the ordinance.  Mr. Oldham asked if they could be listed by position.  Ms. Brown answered she did in the ordinance to make it clear.  Mr. Oldham asked if the blanket policy covers those three.  Ms. Hash answered currently but they’re working with the insurance carrier to make sure they comply with the regulations.  The want the Town Council to be part of setting the bond and being aware of the requirements.  Ms. Brown concurred.  The statute requires the fiscal body of the Town to authorize the crime insurance policy by ordinance. 

 

Ordinances on Second Reading

 

Ordinance 2015-16 to Annex the Van Horn Property, 4501 N. Outback Road, Bloomington

 

Kevin Tolloty, Planning Director, explained this is a 100% voluntary annexation for Jeff VanHorn.  It is a vacant lot he would like to move a business to between his house and the McDonalds off of Outback Road.  The Plan Commission heard this on December 3, 2015, and gave a favorable recommendation with C-1 zoning.  Mr. Farris asked if it is in a floodplain.  Mr. Tolloty answered the bottom portion of the property is but where he wants to build will be out of the floodplain.  Ms. Brown noted this came before the Plan Commission at its November and December meetings.  Mr. Oldham asked if there was an issue that required two meetings.  Ms. Brown replied there was a question as to what the appropriate zone would be.  Mr. Drake added it started as a C-3 and the Plan Commission decided to make it a C-1 because it is behind the McDonalds and they didn’t want an intensive use there.  C-1 is neighborhood commercial.  Mr. Tolloty added the church is zoned C-1. 

 

Scott Oldham entertained a motion to pass Ordinance 2015-16.  David Drake made a motion to pass Ordinance 2015-16.  Scott Thomas seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes.  Motion carried 5-0.

 

Old Business

 

Presentation and Discussion by Doug Baldessari with Regard to Available Revenues for the New Town Hall

 

Doug Baldessari, H.J. Umbaugh and Associates, presented the Comparison of Pro Forma Annual Revenue Requirements and Available Revenues.  There was a reduction of $23,017 in the rent expense.  They asked for $42,000 and they came back with $18,983 as part of the settlement.  The $42,000 was to go toward paying the bond.  There is a $23,017 short fall that needs to be covered by other funds because the water utility will not be able to pay it.  The proposal is to have the sewer pay more upfront.  Right now there are outstanding property tax bonds that go for another eight years.  After that they’re paid off.  The proposed Town Hall bonds are structured so the principal payments get bigger after those bonds pay off.  Property taxes are going to pay for the Town’s portion after those funds pay out.  They don’t have to raise their taxes at this time.  In summary, the proposal is to have sewer shift their payments and pay more now and then the Town pay more after the Police and Fire bonds are paid off.  In the end, the sewer pays the same amount, the water will pay less and the Town would cover the reduced amount. 

 

Scott Oldham stated so basically it becomes a zero sum.  Mr. Baldessari agreed and the sewer collects about $2,000,000 a year in revenue so it can cover the $23,017 increase.  Ms. Hash asked if it won’t go through as in lieu of taxes but as a bond payment.  Mr. Baldessari replied that is correct.  It is just rent and the sewer overall won’t pay any more than it was going to pay. Even with the new payment, the Town’s debt service payments will see a significant reduction over what they’re paying now in eight years with this proposed debt.  

 

Scott Oldham entertained a motion to approve the agreement with the OUCC with regard to the rent payments for the new Town Hall. Dianna S. Bastin made a motion to approve the agreement with the OUCC with regard to the rent payments for the new Town Hall.  David Drake seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes.  Motion carried 5-0.

 

New Business

 

Planning Department Request to Purchase a Copier – Kevin Tolloty

 

Kevin Tolloty, Planning Director, explained they have had a copier/scanner/printer for two years. It has had some issues lately such as overheating on larger jobs, running slowly and it has to be restarted often.  There is not a maintenance agreement and the ink costs approximately $800 a year.  It doesn’t have the capability to print 11” x 17” but prints 8½” x 14” with difficulty.  The ink changes color when the paper is run through a laminator.  The ink can be scratched off so he is concerned with the long term integrity of documents.  They have received quotes from Jim Gordon, Inc., General Business Systems and Gordon Flesch.  The copier they’re interested in would take care of all of their concerns.  It comes with a maintenance agreement of $288 per year plus $6.00 a year towards printing costs so they would save approximately $450 a year on supplies.  The cost of the copier is over $4,000 so it would pay for itself in eight years.  The Clerk-Treasurer has verified they have the funds available in the budget to pay the copier.  They’re requesting approval to purchase the copier.

 

Kevin Farris asked who makes the copier.  Mr. Tolloty answered it is a Sharp.  Mr. Farris asked the brand of the old copier.  Mr. Tolloty replied it is a Xerox Color Qube.  Mr. Oldham stated protecting the integrity of the documents is an investment more so than worrying about how fast they get their money back.

 

Scott Oldham entertained a motion to approve the Planning Department’s request to purchase a new copier.  David Drake made a motion to approve the Planning Department’s request to purchase a new copier.   Scott Thomas seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes.  Motion carried 5-0.

 

Council Comments

 

Dianna S. Bastin congratulated the Girl Scouts for starting a food pantry in Ellettsville.  They are housing it in the Trinity Church.  She took some items and met some of the girls.  It’s a wonderful thing.  It helps them to serve the community.  It is open on Wednesdays and Saturdays from 4:00 p.m. to 6:00 p.m.  It started out small, then it grew and the Trinity Church said they could use the building.  It’s an excellent thing. 

 

At the last meeting, she suggested removing the trail and flood abatement from the agenda.  She did that because she personally believes when it is on the agenda they ought to have something to say about it.  It may have been interpreted as she didn’t care but that’s not the case.  She reminds the Town that we just put a trail down and they do care about the flooding.  She personally had issues with her home as far as she lives from the downtown flooding.  So, she does care, if it means that much please put it on the agenda.  They’re waiting on the State of Indiana and they aren’t moving fast.  Unfortunately, they’re not the only Town that flooded.  They also work the construction of I-69.  She doesn’t know where they are on the list but believes that Town employees, engineers and Town Manager are constantly in the loop of what is going on.  She apologizes if someone thought she didn’t care because she didn’t want to see it on there.  She doesn’t mind to see it but she thinks when it’s there they ought to know if there is something to be said.

 

Scott Thomas has had a number of people concerned.  They do care and do want to provide updates.  Mr. Davis has provided him with a document on where they’re at in the process, made telephone calls this week and is working on it.  If the modeling process does take a while he thinks they will see some movement.  Feel free to contact anyone on Town Council with any questions or updates. He will be asking about it in the meetings going forward if he hasn’t seen anything.  He reiterated they do care and it is a major concern.  They have been pretty lucky since the last flood.  They do want to get it fixed.

 

Supervisor Comments

 

Jeff Farmer, Ellettsville Utilities, has an employee, Jeremy Salyers, who has his one year anniversary on December 23, 2015.  It has been customary if they meet their probationary status and are in good standing they’re moved to the full pay rate.  Mr. Salyers has done an excellent job for them and achieved getting his Class B Commercial Drivers License.  He recommends taking Mr. Salyers off of probationary status effective December 23, 2015, and move him to his full rate of pay.

 

Scott Oldham entertained a motion move Jeremy Salyers to his full rate of pay effective December 23, 2015.  Dianna S. Bastin made a motion to move Jeremy Salyers to his full rate of pay effective December 23, 2015.   David Drake seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes.  Motion carried 5-0.

 

Jeff Farmer, Ellettsville Utilities, reminded Town Council they previously approved purchasing electric actuators for $80,000.  They have been installed and added to the Scada system.  They can change valves via telephones or home computers.  They’re functioning great and they’re a great asset to the plant.  The project has been completed and the operators appreciate it.

 

Adjournment

Scott Oldham entertained a motion to adjourn.  Dianna S. Bastin made a motion to adjourn.  Scott Thomas seconded.  Scott Oldham adjourned the meeting at 7:11 p.m.