December 28, 2012

 

 

 

 

The Ellettsville, Indiana, Town Council met for a regular meeting on Friday, December 28, 2012, at the Fire Department Training and Conference Room.  Dan Swafford called the meeting to order at 7:00 p.m.  Dan Swafford led the Pledge of Allegiance followed with a prayer by David Drake. 

 

Roll Call:  Members present were Dan Swafford, Vice President; Dianna Bastin and David Drake.  Scott Oldham and Phillip Smith were absent.  Sandra Hash, Clerk Treasurer, and Darla Brown, Town Attorney, were also present.

 

Supervisors Present were:  Jim Ragle.

 

Approval of Minutes

 

Dan Swafford entertained a motion for the approval of the minutes for the regular meeting on December 10, 2012.  David Drake so moved.  Dianna Bastin seconded.  Motion carried.

 

Accounts Payable Vouchers

 

Dan Swafford entertained a motion for action to pay Accounts Payable Vouchers.  Dianna Bastin so moved.  David Drake seconded.  Motion carried.

 

Resolutions

 

Resolution 17-2012 to Accept the ADA Plan

 

Dan Swafford entertained a motion to table the 17-2012 ADA Plan.  Dianna Bastin made a motion to table the 17-2012 ADA Plan.  David Drake seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – yes and David Drake – yes.  Motion carried 3-0.

 

Resolution 18-2012 Encumbrance List for 2012

 

Sandra Hash explained this resolution is for purchases made in December that haven’t been paid.  The purchase orders are carried over to next year and are as follows:  Planning Department - $200.88, Fire Department - $6,378.45, Police Department - $1,767.88, Motor Vehicle Highway/Street Department - $357.04 and Local Roads and Streets/Street Department’s - $7,278.38.  This is a total of $15,980.63 that will be carried over to next year.

 

David Drake clarified this isn’t because the Town doesn’t have the money to pay the bills.  It hasn’t had the opportunity to pay them.  Ms. Hash replied this is correct.  The Town has incurred the expenses but hasn’t received the bills yet.

 

Dan Swafford entertained a motion to adopt Resolution 18-2012.  David Drake made a motion to adopt Resolution 18-2012.  Dianna Bastin seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – yes and David Drake – yes.  Motion carried 3-0.

 

Ordinances on First Reading

 

Ordinance 2012- to Amend Section 32 of the Ellettsville Town Code Concerning Boundaries of Town Wards

 

David Drake moved that Ordinance 2012-28 be submitted for first reading.  Dianna Bastin seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – yes and David Drake – yes.  Motion carried 3-0.

 

Dianna Bastin moved that Ordinance 2012-28 be adopted on the same day in which it was introduced.  David Drake seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – yes and David Drake – yes.  Motion carried 3-0.

 

David Drake moved that Ordinance number 2012-28 be adopted.  Dianna Bastin seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – yes and David Drake – yes.  Motion carried 3-0.

 

Ordinances on Second Reading

 

Ordinance 2012-26 Fixing of the Salaries for Budget Year 2013

 

Sandra Hash explained this reflects the 1.5% increase which was done at budget time other than the change of an increase in the call out pay for Utilities and an increase for Amber Ragle because she is taking on new duties for Utilities.

 

Dianna Bastin made a motion to pass Ordinance 2012-26 fixing the Salaries for Budget Year 2013.  Dan Swafford seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – yes and David Drake – yes.  Motion carried 3-0.

 

Ordinance 2012-27 Setting Speed Limit, No Parking and Stop Streets on Antler Court and Appomattox Circle

 

David Drake made a motion to adopt 2012-27.  Dianna Bastin seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – yes and David Drake – yes.  Motion carried 3-0.

 

Old Business

 

Town of Ellettsville vs. Cascio

 

Darla Brown, Town Attorney, explained the Town got a judgment against Matt Cascio and Lorelei Sperry, jointly and separately, in the sum of $9,394.25 on October 11, 2011.  Mr. Cascio, through counsel, Mike Carmin, has offered to start making payments toward the judgment at the rate of $200 a month.  Mr. Carmin’s proposal is that his client starts making those payments now.  In the spring, after Mr. Cascio has resolved some other pending lawsuits, Mr. Carmin’s plan is to come back to the Town with a proposal to pay off the entire amount at a reduced rate.  The Town has received nothing toward the judgment so far. 

 

Dan Swafford asked what the default clause is if there is non-payment.  Ms. Brown replied the recourse is to seize the property they own.  The issue is, the Town would have to file a complaint to foreclose a lien and do a title search and put other people on notice who also have an interest in the property.  The Town would not necessarily be first in the line.  The mortgage companies would come first, then the Internal Revenue Service, the Indiana Department of Revenue and there are people ahead of the Town who also have liens. 

 

David Drake asked what it means if they sell the property.  Ms. Brown answered if they sold the property, this lien would have to be taken care of as part of that sale.  The judgment entered against Mr. and the former Mrs. Cascio is jointly and severally and means a lien against all properties they own, not just Cedar Bluff.  They are trying to sell the property.  Mr. Drake asked if a lien by a governmental entity can be discharged in bankruptcy.  Ms. Brown said she did not have an answer at this time.

 

New Business

 

Agreement between the Town of Ellettsville and Komputrol Software Systems for Disaster Recovery

 

Sandra Hash explained these are annual agreements.  Disaster recovery means that if Town Hall would get blown away then they would take the backup and go to their facility and be able to carry on the Town’s Business.

 

Darla Brown, Town Attorney, noted the agreement does have a hold harmless agreement.  If the Town were to go to Komputrol’s facility to use their equipment as part of a disaster recovery plan, the agreement states the Town holds Komputrol harmless and indemnifies Komputrol for any liability, court costs and attorney’s fees as incurred as a result of acts or omissions of the staff in the use of Komputrol’s facilities.  The Town agrees to hold Komputrol harmless and indemnify Komputrol for any liability, court costs and attorney’s fees incurred as a result of bodily injury to client’s staff. 

 

Dan Swafford entertained a motion to approve the agreement between the Town and Komputrol for disaster recovery.  David Drake made a motion to approve the agreement between the Town and Komputrol for disaster recovery.  Dianna Bastin seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – yes and David Drake – yes.  Motion carried 3-0.

 

Agreement between the Town of Ellettsville and Komputrol Software System for Annual Maintenance

 

Dianna Bastin made a motion to accept the agreement between the Town of Ellettsville and Komputrol for the annual maintenance.  David Drake seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – yes and David Drake – yes.  Motion carried 3-0.

 

Council Comments

 

David Drake commented the Street Department did a good job in plowing the snow.  There’s definitely a difference between how the streets are taken care of inside and outside the Town.

 

Dianna Bastin reminded people to not park in the street to clear the area for the Street Department and Utilities. 

 

Adjournment

 

Dan Swafford entertained a motion to adjourn.  Dianna Bastin made a motion to adjourn.  David Drake seconded.  Motion carried.  Dan Swafford adjourned the meeting at 7:14 p.m.