July 8, 2013

 

 

 

 

The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, July 8, 2013, 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 Phillip Smith.

 

David Drake requested permission to amend the agenda and allow Rick Whiteman to address the Town Council. 

 

Rick Whiteman, Pastor of Family Life Church, thanked the Town Council for allowing him to speak.  On July 20, 2013, they are hosting an event, Special Forces Day.  This is a day lto honor all police officers, firefighters, paramedics and EMTs.  All Town Council members and their families are welcome to attend.  It will be at 12:00 p.m. at the main shelter house of Campbell’s Park.  It will be a free day of food, fellowship and games. 

 

Approval of Minutes

 

Scott Oldham entertained a motion for approval of the minutes for the regular meeting on June 24, 2013.  David DrakeDso moved. Phillip Smith seconded.  Motion carried.

 

Roll Call:  Members present were Scott Oldham, President;David Drake andPhillip Smith.  Dan Swafford and Dianna Bastin were absent.  Sandra Hash, Clerk Treasurer; Darla Brown, Town Attorney, and Rick Coppock, Bynum Fanyo and Associates, Town Engineer, were also present. 

 

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

 

Accounts Payable Vouchers

 

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

 

Ordinances on Second Reading

 

Ordinance 2013-04 Concerning the Annexation of Adjacent and Contiguous Territory to the Town of Ellettsville – CVS

 

Darla Brown, Town Attorney, explained there is not a quorum to discuss the issue.  It will be placed on the next agenda. 

 

Old Business

 

Heritage Trail Project

 

Scott Oldham explained they are awaiting word from the Indiana Department of Transportation on a couple of different facts which they need to make a decision.  He is requesting this be tabled until the next meeting.

 

Scott Oldham entertained a motion to table the discussion on the Heritage Trail project until the next meeting.  David Drake made a motion to table the discussion on the Heritage Trail project until the next meeting.  Phillip Smith seconded.  Roll Call Vote:  Scott Oldham – yes; David Drake – yes and Phillip Smith - yes.  Motion carried 3-0.

 

Structure Lease Agreement between the Town and Cingular Wireless

 

Darla Brown, Town Attorney, received an email from Steve Carr of Cingular/AT&T.  He had sforwarded her suggested contract revisions tto their legal department but hhad not heard back from them.  She suggested tabling the Structure Lease Agreement.  However, she has a non-agenda item, Entry and Testing Agreement, for the Town Council’s consideration.  This allows Cingular to get on the property to take measurements and photographs, inspect it and decide whether or not it is fit for their purpose. 

 

Scott Oldham entertained a motion to approve the Entry and Testing Agreement with AT & T as presented.  PDavid Drake made a motion to approve the Entry and Testing Agreement with AT & T as presented.  Phillip Smith seconded.  Roll Call Vote:  Roll Call Vote:  Scott Oldham – yes; David Drake – yes and Phillip Smith - yes.  Motion carried 3-0.Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith - yes.  Motion carried 5-0.

 

Scott Oldham entertained a motion to table the Structure Lease Agreement between the Town and Cingular Wireless until the next meeting.  Phillip Smith made a motion to table the Structure Lease Agreement between the Town and Cingular Wireless until the next meeting.  David Drake seconded.  Roll Call Vote:  Roll Call Vote:  Scott Oldham – yes; David Drake – yes and Phillip Smith - yes.  Motion carried 3-0.

 

Council Comments

 

David Drake thanked everyone who helped with the fireworks.  It was a good show. 

 

Phillip Smith asked Town Marshal Tony Bowlen what the deadline is for setting off fireworks atof a night.  Marshal Bowlen replied it is in line with the noise ordinance which is 11:00 p.m.   Mr. Smith stated there are people still shooting off fireworks past 11:00 p.m.  Ms. Brown advised the noise ordinance states to call the police department and they will investigate.

 

Supervisors Comments

 

Town Marshal Tony Bowlen requested permission to purchase a 2013 Dodge Charger.  It is on order and will arrive on July 10, 2013.  The cost is $24,982 with a five year or 100,000 mile max care bumper to bumper warranty with no deductible.  Mr. Oldham asked if it was within their budget.  Marshal Bowlen answered yes.  Mr. Smith asked if they had any old cars to salvage.  Marshal Bowlen replied they will be salvaging a 2003 Crown Victoria.

 

Scott Oldham entertained a motion to approve the purchase of the 2013 Dodge Charger for the Police Department.  Phillip Smith made a motion to approve the purchase of the 2013 Dodge Charger for the Police Department.  David Drake seconded.  Roll Call Vote:  Roll Call Vote:  Scott Oldham – yes; David Drake – yes and Phillip Smith - yes.  Motion carried 3-0.

 

Sandra Hash, Clerk-Treasurer, prepared a budget calendar for review.  It’s the same as every year.  If there are no objections she will publish the calendar to start the proceedings.  The meetings will be on Wednesdays at 6:00 p.m.

 

Darla Brown, Town Attorney, announced the requirement under the Affordable Care Act that all employers with more than 50 employees provide coverage to their full time workers which is defined as 30 hours or more has been pushed back to 2015.  Consequently, the penalty provisions have been pushed back to 2015.  It is recommended that the Town go ahead and do certain things such as providing information regarding the insurance exchanges to its employees by October 1, 2013.  She will talk to J.A. Benefits to find out what they need to provide to the employees.  Indiana has decided to let the federal government set up the insurance exchange.  The resolution will need to be revised with regard to the measurement period or look back period.  The resolution stated the look back period for purposes of determining who got insurance in 2014 was June 1, 2013 through November 30, 2013.  The dates will need changed from June 1, 2014 through November 30, 2014 so the Town is ready for 2015.  She will have this ready for the next meeting.

 

Privilege of the Floor

 

Pam Combs, 401 Ridge Springs Lane, has an ongoing water problem for the 13 years they have lived there.  They have a contractor coming to put in a drain system in their backyard.  She presented photographs from the last rain.  They get so much water from their neighbors.  There is a large pipe that runs across their front yard to under the road that was installed when the house was built.  The water runs down Beechwood from the high school into their yard.  Then it runs down an easement beside them and it overflows into their yard.  It brings trash from the neighborhood into their yard.  During the last rain it was so bad it ran into their crawl space windows under their house.  The space the water is flowing into is not handling it correctly.  Their neighbor, who put new drains on, ran his guttering almost to the edge of their property which has added more flooding to their property.  They don’t think it’s fair that they get all of this water from all the streets into their lot which results in damage to their lawn.

Scott Oldham asked if they changed something since they’ve owned the house.  Ms. Combs replied it has always been this way.  The neighbor put in drainage which runs onto their lot.  The Town Engineer came but didn’t seem too concerned about it.  There should be a better system rather thaen it running onto their lot.  Why isn’t there some kind of  drain system catching it and running it some other way?

 

Scott Oldham advised the Town Engineer and Planner will have a look at it and find out who put it in, when it got put in, was it up to code at the time, is it still the code and where they need to go from there. 

 

Jeana Kapinski, President of Ellettsville Main Street, is glad they’re still trying to work something out with the Heritage Trail.  Main Street has always tried to look at the big picture on this trail.  It’s more than a recreation trail.  A long time ago they decided Ellettsville’s heritage is the limestone industry.  The downtown Ellettsville Historic District on the National Register of Historic Places.  The State of Indiana is going to be reviewing the Matthew’s Historic District which is Bybee and the Matthew’s Mansion on July 24, 2013.  Main Street will send a letter to support this.  The trail was always envisioned as downtown and going north.  This was started as Ellettsville Limestone Heritage.  This could increase tourism and spur revitalization.  In summary, it’s more than just a trail, it has some other things going on.

 

Adjournment

 

Scott Oldham entertained a motion to adjourn. Phillip Smith made a motion to adjourn. David Drake seconded.  Motion carried.  Scott Oldham adjourned the meeting at 6:53 p.m.

                                                                  ____________________________________

David Drake                                             Amber Ragle – Wright, Deputy Clerk Sandra Hash, Clerk-Treasurer, IAMC, MMC