July 14, 2008

 

 

 

The Ellettsville, Indiana, Town Council met in Regular Session on Monday, July 14, 2008, at the Fire Department Training and Conference Room.  Dan Swafford called the meeting to order at 7:43 p.m.  Scott Oldham led the Pledge of Allegiance and Phillip Smith led in prayer.  Dan Swafford welcomed new Council Member, Scott Oldham.

 

Roll Call:  Members present were Dan Swafford, President; Dianna Bastin, Vice-President, David Drake, Scott Oldham and Phillip Smith.  Sandra Hash, Clerk-Treasurer; Mike Spencer, Attorney and Rick Coppock, Town Engineer were also present.    

 

Supervisors Present:  Jim Davis, Jim Ragle, Tony Bowlen, Mike Farmer and Jeff Farmer were present.  

 

Approval of the minutes

 

Dan Swafford entertained a motion for approval of regular minutes for the meeting June 23, 2008.  Dianna Bastin made a motion.  David Drake seconded.  Motion carried.

 

Action to Pay Accounts Payable Vouchers

 

David Drake made a motion we pay the Accounts Payable Vouchers.  Dianna Bastin seconded.  Sandra Hash pointed out there were a few bills listed that will need to be held until the next meeting for H.J. Umbaugh.  They have made some changes to their contract which will need reviewed by the Town Attorney.  Umbaugh has completed the annual “Disclosure” statements as required for the bonds on both the Fire and Police buildings for $750 each.  The Utilities Department is also required to provide an annual discloser for the water tower.  That fee was $1250. 

 

Dan Swafford entertained a motion to approve the Accounts Payable Vouchers with the amendment.  David Drake amended his motion to reflect that.   Dianna Bastin amended her second to reflect his.  Motion carried. 

 

Resolutions

 

Resolution 12-08 Temporary Loan

 

Sandra Hash stated as announced in the newspaper tax payments are late this year.  The Town received an advance draw but it was not enough to cover the General Fund or Debt Service Payments.  The Resolution gives the Town the ability to utilize temporary loans from funds having sufficient balances to certain funds which will be depleted due to lack of property tax distributions.  This will enable adequate cash flow requirements and reduce or avoid the costs of borrowing funds.  Temporary loans will be repaid as soon as the tax payments are received from the County Auditor (should be by September 15).  Sandra went over the Temporary Loan figures:

$ 22,401.58                 Loaned from: Fund 44, Police Debt Service

Loaned to:      Fund 43, Fire Debt Service

 

$ 82,810.38                 Loaned from: Fund 22, Ellettsville Government Center

                                                Loaned to:      Fund 1, General Fund

 

$124,738.80                Loaned from: Fund 32, Rainy Day Fund

                                                Loaned to:      Fund 1, General Fund

 

$ 90,000.00                 Loaned from: Fund 44, Police Debt Service

                                                Loaned to:      Fund 1, General Fund

 

$319,200.76                Total of All Temporary Loans

Sandra explained the Police Debt Service has a balance due to the fact they did not expend their total bond of two million dollars.  This money was paid towards the interest creating extra money, temporarily, for a few years.  David Drake asked if we will be receiving $319,000.  Sandra said “no, this is what I have available in other funds and this will cover us for at least six weeks”.  Another loan may be needed in a month or two.  This was money readily available, easy to borrow and took care of the crisis “in this moment and time”.  The Town should receive about $400,000 when the property taxes are paid to repay the loans.  Phillip Smith made a motion we approve Resolution 12-08 Temporary Loan.  David Drake seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes.  Motion carried 5-0. 

 

Resolution 13-08 Transfer of Funds

 

Sandra Hash explained this is moving money around within the budget.  The following transfers are needed:

From:               1-2-402           Furniture and Equipment           $   275.76

To:                   1-2-215           Office Supplies             $   275.76

 

From:               1-5-116           Redevelopment Commission     $1,000.00

To:                   1-5-215           Office Supplies             $1,000.00

 

Sandra further explained the Redevelopment Commission has money because they have not met every month this year and the salary is “per meeting” leaving funds available for transfer. 

 

Phillip Smith made a motion we pass resolution 13-08 Transfer of Funds.  Dan Swafford seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes.  Motion carried 5-0. 

 

The following discussion took place before the vote

 

Dianna Bastin asked why this money needs to be moved around.  Sandra received a list of items that were needed; a drum for the copy machine and other office supplies.  The Planning Department is such a new department and they do not have a stock built up of anything and Office Supplies has a small budget. 

 

Resolution 14-08

 

Request for proposal seeking tenants interested in leasing space for installing wireless communication antennas and equipment on the Town’s water tank located on West McNeely Street

 

Dan Swafford asked for a motion to approve Resolution 14-08.  Dianna Bastin made the motion.  David Drake seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes.  Motion carried 5-0. 

 

The following discussion took place before the vote

 

Sandra Hash read the resolution in its entirety.  The water tank located on West McNeely Street is in need of repair and maintenance.  Communication companies have expressed an interest in leasing space on the tank to install wireless communication facilities and are willing to pay for the privilege to lease such a space.  Income from such a lease agreement will help fund the cost of maintaining such a water tank.  Michael Farmer, Director of Ellettsville Utilities has determined that it is in the Town’s best interest to seek a potential tenant by publishing “Request for Proposals”.  This resolution will authorize Michael Farmer to issue a “Request for Proposal” seeking tenants interested in leasing space for installing wireless communication antennas and equipment on the Town’s water tank located on West McNeely Street.

 

Dan Swafford asked Mike Farmer if the communication company was still interested. 

 

Mike Farmer, Ellettsville Utilities answered yes; there is a wireless communication company interested in putting some antennas on the McNeely Water Tank.  Mike Farmer spoke with Town Attorney, Mike Spencer who suggested the Town post a “Request for Proposal” to give everyone the opportunity.  A fund is needed to keep the tank in good operating order and this will help defray the cost. 

 

Ordinances on First Reading

 

Ordinance 08-06 to rezone 101 Poplar Drive from R-1 to C-2

 

Dan Swafford explained this was brought to the Plan Commission on June 3rd. 

 

Dianna Bastin made a motion to table this because it is the first she has heard of it.  She has questions for Frank and he is not here to answer them.  Dianna Bastin would like to make a motion that it be tabled.  Scott Oldham seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes.  Motion carried 5-0.  This will tabled until the next meeting July 28th. 

 

Ordinance on Second Reading

 

Ordinance 08-05 to annex 7391 West State Road 46 – Hearne 1-2008 Annexation

 

David Drake made a motion we adopt Ordinance 08-05.  Dianna Bastin seconded. Roll call vote:   Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – abstained (daughter lives on the property).  Motion carried 4-0-1. 

 

The following discussion took place before the vote

 

Scott Oldham asked if this was voluntary.  Phillip Smith gave a summary in the absence of Frank Nierzwicki.  Brian Hearne just purchased the property adjoining Litten Estates and would like to make it into the same as the rest.  Dianna Bastin clarified the address to this property is 7391 West State Road 46. 

 

Supervisor Comments

 

Jeff Farmer, Ellettsville Utilities interviewed two, internal, qualified applicants for the Regular Full-Time Utility Clerk position.  They chose Kyiesha Isiah. 

 

Dianna Bastin made the motion we hire Kyiesha.  Phillip Smith seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes.  Motion carried 5-0. 

 

Jeff Farmer explained they contracted H.J. Umbaugh to look into the Utilities’ finances and they would like to present their findings and recommendations at the next Board meeting July 28th.  They will go over the rate study on water and sewer. 

 

Tony Bowlen, Town Marshal asked the Board to appoint Charles Franklin Wilson Jr. as a new Reserve Officer.  He was not able to attend this evening because he is a full-time jailer at Monroe County Jail. 

 

David Drake made a motion to approve Charles Wilson Jr. as a Reserve Officer with the Ellettsville Police Department.  Phillip Smith seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes.  Motion carried 5-0. 

 

The following discussion took place before the vote

 

Dianna asked how many Reserve Officers will be on the Police Department roster.  Tony answered “twelve”.  Dan asked about the new Reserve Officer’s experience.  Tony replied he is a Sergeant at Monroe County Correctional Facility with previous experiences as a Monroe County Reserve Officer for a number of years, Gosport paid officer and Clay County Correctional Officer.

 

Privilege of the Floor

 

Chris Sims and his brothers are the developers of the Capitol Avenue Apartments.  He addressed some of the issues that were brought up at the last Town Council meeting from a report issued by Rick Coppock.  Over the last two weeks, they have done everything to address each one of the issues listed on the report submitted by Frank Nierzwicki.  Chris Sims asked the Council to give Frank Nierzwicki the authority to go ahead and approve the final plat of the Capitol Avenue Apartments and the occupancy permits.  There are two things left on the list; a manhole and the bonding.  Rick Coppock has inspected the site recently.  Dan Swafford turned it over to Dianna Bastin since he will be abstaining. 

 

Phillip Smith made a motion to give Frank Nierzwicki the power to give the final approval for the plat.  Chris Sims interjected “there is also the issue with occupancy permits”; normally Frank takes care of that without going to the Board but this time he wanted to make sure the Board was aware these issues have been taken care of.  David Drake seconded the motion including the final plat and the occupancy permits.

 

Dianna Bastin spoke with Mr. Sims but did not understand the issue of the emergency exit.  Chris Sims explained the site adjacent to his property is owned by the Burrell’s who talked about doing a development but has since put it on hold.  The site elevations are very close to each other and considerably different.  It would be best to put the emergency entrance on the other property.  It would be best to do this when the elevations are established and the Sims’ are willing to bond that part of the project.  Dianna received reports from the neighbors stating some of the issues have been “ironed out”.  Chris stated the weather this year has been very bad and they have struggled with things.  They are near completion within the next two to three weeks.  Rick Coppock met with Frank on the site last Thursday and they had a few items to complete.  Rick asked that once Frank receives the plat, they will review it and the bond items. 

 

Sandra Hash asked for a clarification on the motion.  Dianna Bastin said the motion is for Frank to give plat approval and occupancy approval; we are letting him do that.  David Drake corrected Dianna “we are giving Frank the authority not ordering him”.  Russ Ryle suggested the motion wording be “pending the completion of the last two items”.  Roll call vote:  Dan Swafford – abstained; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes.  Motion carried 4-0-1. 

 

Public Comment

 

Wilma Hogan is a resident of the Arrowhead addition who had a few issues to bring to the Council. 

·        She read the brush pick-up schedule in the paper.  In her Arrowhead addition, there are neighbors who have another pile as soon as the first pile is picked up.  She suggested people should have to pay for additional pick-ups. 

·        There are dogs left out 24/7 in the yards; lots of barking and lack of attention.  People out walking their dogs should have to pick up after them.  The owners are not held responsible.  

·        There are swimming pools with no fences.  She is under the impression the State of Indiana requires fencing around swimming pools. 

·        Motor homes are “popping up” on driveways as permanent residences for extended families. 

·        There are neighbors with tall weeds, dirt piles and grass growing over leftover building supplies. 

 

She asked for any help with these issues.  Phillip Smith asked if she has talked to Frank about this.  Ms. Hogan stated she spoke with Frank regarding the tall weeds, dirt piles and building supplies.  The dirt pile has caused water to run ruts into her yard.  She does not feel she should have to pay for ruts in her yard caused by someone given a permit to do a certain job a certain way and they did as they pleased.  Phillip Smith will speak with her after the meeting. 

 

Dianna Bastin concurred with a few of Ms. Hogan’s items.  Dianna stated Arrowhead was hit hard with the storm this past weekend making quite a bit of debris.  She will have Frank look into some of these issues.  Phillip Smith stated the Street Department has been cutting up a tree behind the library and they are running behind on the storm pick-up.  Ms. Hogan reiterated this is an everyday occurrence. 

 

Adjournment

 

Dianna Bastin made a motion we adjourn.  David Drake seconded.  Motion carried.  Dan Swafford adjourned the meeting at 8:18 p.m.