December 8, 2014

 

 

 

The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, December 8, 2014, 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; David Drake, Vice President; Dan Swafford and Scott Thomas.   Dianna Bastin was absent.  Sandra Hash, Clerk-Treasurer, Jim Davis, Town Manager, and Darla Brown, Town Attorney, were also present. 

 

Supervisors present were:  Mike Cornman, Danny Stalcup, Tony Bowlen, Jeff Farmer and Mike Farmer.  

 

Approval of Minutes

 

Scott Oldham entertained a motion for approval of the minutes for the regular meeting on November 24, 2014.  David Drake so moved.  Dan Swafford seconded.  Motion carried.

 

Accounts Payable Vouchers

 

Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers.  Dan Swafford so moved.  Scott Thomas seconded.  Motion carried.

 

Meeting Schedule for 2015

 

Sandra Hash, Clerk-Treasurer, presented the regular schedule of the Town Council meetings held on the second and fourth Mondays in 2015 with the exception of Memorial Day and Labor Day.  The meetings falling on these holidays will be held on Tuesdays, May 26, 2014 and September 9, 2014, respectively.  The Plan Commission has approved their schedule and their meetings are held on the first Thursday of every month, except for a few holidays.  The Town Attorney will set the Ellettsville Building Corp Meeting which is the first Monday in April of every year.

 

Resolutions

 

Resolution 17-2014 to Transfer Surplus Property

 

Marshal Tony Bowlen requested to transfer a 2003 Crown Victoria to the Fire Department. 

 

Scott Thomas asked the condition of the vehicle.  Marshal Bowlen replied it is in better condition than the vehicle it is replacing and has less mileage.

 

Scott Oldham entertained a motion to adopt Resolution 17-2014.  David Drake made a motion to adopt Resolution 17-2014.  Dan Swafford seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dan Swafford – yes; and Scott Thomas – yes.  Motion carried 4-0.

 

Ordinances on First Reading

 

Ordinance 2014-20 Fixing of the Salaries for Budget Year 2015

 

Sandra Hash, Clerk-Treasurer, explained this ordinance reflects a three percent raise for all employees as indicated in the 2015 budget. 

 

Ordinance 2014-21 to Repeal Ordinance 2013-16

 

Darla Brown, Town Attorney, explained the Town Council passed Ordinance 2013-16 in December 2013, which was the rate ordinance for the secondary waterline.  Umbaugh and Associates have revised the water rate analysis which requires the passage of a revised rate ordinance.  This ordinance repeals Ordinance 2013-16.

 

Scott Oldham asked if the ordinance is approved at the next meeting will it clear the way for the new ordinance.  Ms. Brown replied that was correct.

 

Ordinance 2014-22, Rate Ordinance for Secondary Water Line

 

Darla Brown, Town Attorney, explained this ordinance is to amend Appendix A of Chapter 51 of the Ellettsville Town Code concerning water.  It’s amended with the new water rates based on the Umbaugh study and it changes the rates for monthly water usage, meter size, fire protection service and the automatic sprinkler systems.  The new rates will do away with the out of Town rates.  When this is approved by the Indiana Utilities Regulatory Commission the new rates will take effect. 

 

Ordinances on Second Reading

 

Ordinance 2014-18 to Amend Title VII, Chapters 73 and 74 of the Ellettsville Town Code Adding Streets

 

Sandra Hash, Clerk-Treasurer, worked with Danny Stalcup and Kip Headdy of the Street Department on the inventory of all streets not on the Indiana road inventory.  She put it in ordinance form which was reviewed by the Town Attorney.  All additional streets were assigned no parking with a 20 miles per hour speed limit. 

 

Scott Oldham entertained a motion to adopt Ordinance 2014-18.  David Drake made a motion to adopt Ordinance 2014-18.  Scott Thomas seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dan Swafford – yes; and Scott Thomas – yes.  Motion carried 4-0.

 

Sandra Hash advised this added road millage will also increase the Town’s revenue for MVH distributions.  Mr. Oldham asked if this will be for 2015 or 2016.  Ms. Hash replied if she can get it approved this week it might start in 2015. 

 

Ordinance 2014-19 to Amend Ordinance 2014-08 to Correct the Legal Description for the Arbuckle Annexation

 

Darla Brown, Town Attorney, explained earlier this year Town Council approved the Arbuckle Annexation.  There was an issue at the auditor’s office because another part of the property was previously annexed.  The additional language makes it clear what the Town annexed this year and is as follows:  “ . . . and 100 feet North 69 degrees 41 minutes 56 seconds East . . .” 

 

Scott Oldham entertained a motion to adopt Ordinance 2014-19 to amend Ordinance 2014-08.  Scott Thomas made a motion to adopt Ordinance 2014-19 to amend Ordinance 2014-08.  David Drake seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dan Swafford – yes; and Scott Thomas – yes.  Motion carried 4-0.

                                                                                            

Old Business

 

Heritage Trail Update

 

Darla Brown, Town Attorney, advised two property owners are going to the Clerk-Treasurer’s office to sign the easement documents this week.  There is one property she is waiting on a partial release of mortgage which she should receive it by the end of the week.  That will conclude all of the property purchases.

 

Department Annual Reports

 

Scott Thomas, Town Manager, explained he has reviewed the annual reports including the Gateway information.  He met with Jim Davis to get additional information.  He wants to put off commenting or moving forward on this until the next meeting after he has had a chance to meet with the Clerk-Treasurer. 

 

Supplemental Fire Service Agreement

 

Darla Brown, Town Attorney, explained this contract was before Town Council at its last meeting and she suggested the following language be added to paragraph 3(c):  “The Town agrees to indemnity . . . but only to the extent the claim or loss is caused by negligent acts or omissions of the Town”.  The Township then added “its agents, contractors, and employees.”

 

Scott Oldham entertained a motion to approve the Supplemental Fire Services Agreement between the Town and Richland Township as amended.  David Drake made a motion to approve the Supplemental Fire Services Agreement between the Town and Richland Township as amended.  Scott Thomas seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dan Swafford – yes; and Scott Thomas – yes.  Motion carried 4-0.

 

New Business

 

Lease Between Trustee and Town of Ellettsville Parks and Recreation

 

Darla Brown, Town Attorney, received a letter from the Township Trustee’s attorney with regard to the expired lease agreement between the Township and the Town of Ellettsville Parks Board.  The Township Trustee wants to renew the lease and should get it to her this week.  She would suggest the Park Board sign the lease as it has done in years prior.  Mr. Oldham asked if the Town Council should approve the agreement.  Ms. Brown replied that would be fine so the public knows what is going on.  Mr. Oldham would entertain an evergreen clause with severability as opposed to an expiration date.

 

Reimbursement Agreement Between the Town of Ellettsville and Monroe County Regarding Redesign of a Section of Sewer Line Due to Realignment of the Matthews Drive Bridge

 

Darla Brown, Town Attorney, explained in October the Town Council approved an agreement between the Town and Monroe County with regard to Bynum and Fanyo preparing engineering plans for the sewer line to be relocated due to the bridge replacement.  This is a follow-up to that Agreement and is for the Matthew’s Bridge Replacement Project.  It is a contract between Ellettsville and the Monroe County Highway Department.  The contract is for $32,667.76 and is for actual sewer line relocation.  The Town agrees to allow the Indiana Department of Transportation (“INDOT”) to contract for the work.  The county will pay for it and be reimbursed.  The Town will not handle any money and there is no cost to the Town for the relocation.  By signing the contract, the Town agrees that a contractor can come on the property, relocate the utility and the Town has the opportunity to inspect and make sure the work was done to the Town’s satisfaction.

 

Scott Oldham entertained a motion to approve the Reimbursement Agreement between the Town of Ellettsville and Monroe County Highway Department in regards to the Matthew’s Drive Bridge Project.  David Drake made a motion to approve the Reimbursement Agreement between the Town of Ellettsville and Monroe County Highway Department in regards to the Matthew’s Drive Bridge Project.  Dan Swafford seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dan Swafford – yes; and Scott Thomas – yes.  Motion carried 4-0.

 

Supervisors Comments

 

Fire Chief Mike Cornman said at the last Town Council meeting permission was given to allow the Utilities, Street, Planning and the Clerk-Treasurer’s offices to move the Christmas Eve and New Year’s Eve holidays to Friday.  The Police and Fire Departments were not included and they have four people who fall in the forty hour work week.  They are requesting that the Police and Fire Department be included in the transfer of the Christmas and New Year holidays. 

 

Scott Oldham entertained a motion to approve the request to extend the changes to the Christmas holiday for the remaining employees who were mentioned.  David Drake made a motion to approve the request to extend the changes to the Christmas holiday for the remaining employees who were mentioned.  Scott Thomas seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dan Swafford – yes; and Scott Thomas – yes.  Motion carried 4-0.

 

Marshal Tony Bowlen is seeking approval for a new reserve officer, James Alexander Qualters.   Mr. Drake has known Mr. Qualters for a long time and he will do a good job. 

 

Scott Oldham entertained a motion to approve James Qualters as a reserve officer.  Scott Oldham made a motion to approve James Qualters as a reserve officer.  David Drake seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dan Swafford – yes; and Scott Thomas – yes.  Motion carried 4-0.

 

Sandra Hash administered the oath of office to James Qualters.

 

Privilege of the Floor

 

Darlyne Sowder is concerned with the property located at 109 W. Temperance.  A house was torn down and she was told it was to become a parking lot.  They’ve piled dirt higher than it originally was on the lot.  She’s assuming they’ll black top the lot.  It’s a much larger area than was taken from the house.  She’s concerned about the water fall it will create coming across the street.  Has anything been done to engineer the parking lot?  Mr. Oldham referred her to the Town Manager to go through Planning.

 

Thomas Phelps heard about the Town wanting to form a park east of the Police Department and north of his neighborhood, Constable Addition.  He owns lots 3 and 4 and is in support of the park.  He would like to know the process for changing his street name.  He would like to change the name of Harris Street to Mead Street which is his wife’s maiden name.  Mr. Oldham referred him to the Town Manager.

 

Adjournment

 

Scott Oldham entertained a motion to adjourn.  Scott Thomas made a motion to adjourn.  David Drake seconded.  Scott Oldham adjourned the meeting at 6:56 p.m.