October 28March 24, 20134

 

 

 

 

The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, March 24, 2014, at the Fire Department Training and Conference Room.  Scott Oldham called the meeting to order at 6:30 p.m.  Dianna Bastin led the Pledge of Allegiance followed with a prayer by Scott ThomasPhillip Smithyra..

 

Roll Call:  Members present were Scott Oldham – President; David Drake, Vice President; Dianna Bastin and Scott Thomas.  Dan Swafford was absent.   Sandra Hash, Clerk-Treasurer, Rick Coppock, Bynum and Fanyo Utilities, Town Engineer, and Darla Brown, Town Attorney, were also present. 

 

Supervisors present were:  Mike Cornman, Jim Ragle, Tony Bowlen, Connie Griffin, Mike Farmer and Jeff Farmerand Jim Ragle, Tony Bowlen, Connie Griffin, Mike Farmer and Jeff Farmer.

 

Approval of Minutes

 

Scott Oldham entertained a motion for approval of the minutes for the  regular meeting on February 10, 2014.  PDianna Bastin so moved.  David Drake seconded.  Motion carried.

 

Accounts Payable Vouchers

 

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

   

Job Description for the Town Manager

 

Darla Brown, Town Attorney, presented the job description for review.  Comments were made at the last meeting and were incorporated into this version of the job description.

 

Russ Ryle noted it’s difficult to comment when the public hasn’t seen the latest version of the job description.  He hopes a couple of points were clarified in the new version.  Are they going to have to look at every job description at the department head level?  Clarity needs to be added at some level.  Where does a Town Manager end and a department head begin?  The way the Town code is written department heads report directly to the Town Council.  Clearly, there are certain things department heads can do and certain things are brought to the Town Council for their decision.   He is uncertain how it will all fit together when the other position is added.   Mr. Drake noted the job description is general and those things would need to be changed in the code. 

   

Scott Oldham entertained a motion to approve the position and description for the Town Manager position.  David Drake made a motion to approve the position and description for the Town Manager position.  Dianna Bastin seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dianna Bastin – yes and Scott Thomas – yes.  Motion carried 4-0.

 

Resolutions

 

Resolution 04-2014 to Adopt a Written Fiscal Plan for the Abbitt Annexation

 

Darla Brown, Town Attorney, explained this has been advertised for this meeting and is the resolution by which the Town Council would adopt the fiscal plan for the annexation.  A copy of the proposed fiscal plan has been provided to the Town Council.  The proposed annexation will not require expansion of existing police, fire or other services.  Part of the Abbitt property is already part of the Town of Ellettsville and was annexed in 2010.  This property is contiguous to that property.

 

Dianna Bastin asked if the police will respond to 6607 N. Starnes and 6610 N. Starnes if there is a need.  Mr. Oldham replied that is correct and they will provide routine patrols.

 

Scott Oldham entertained a motion to adopt Resolution 04-2014.  David Drake made a motion to adopt Resolution 04-2014.  Scott Thomas seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 4-0.

 

Resolution 05-2014 Declaring Official Intent to Finance a Ram 1500 4WD Crew Cab 140.5 Truck for the Ellettsville Fire Department

 

Sandra Hash, Clerk-Treasurer, explained this was discussed at the last Town Council meeting and is the procedural step for financing at 2.5% through Peoples State Bank.

 

Scott Oldham entertained a motion to adopt Resolution 05-2014.  David Drake made a motion to adopt Resolution 05-2014.  Dianna Bastin seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 4-0.

 

Ordinances on First Reading

 

Ordinance 2014-04 Long Term Loan from Sewer Capacity to Stormwater

 

Sandra Hash, Clerk-Treasurer, explained the loan is contingent on the purchase of the property.  This is the procedure for borrowing money from Utilities to purchase the property then pay it back from stormwater funds.

 

Scott Oldham advised the Town is still in negotiations for the purchase of the property. 

 

Scott Oldham entertained a motion to table Ordinance 2014-04 Long Term Loan from Sewer Capacity to Stormwater.  Dianna Bastin made a motion to table Ordinance 2014-04 Long Term Loan from Sewer Capacity to Stormwater.  David Drake seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 4-0.

 

Ordinance 2014-05 Adding Chapter 8 to the Ellettsville Town Code regarding Mass Gatherings

 

Fire Chief Mike Cornman, explained this was drafted by Darla Brown, Town Attorney, based on questions, ideas and thoughts from other communities similar to Ellettsville who have mass gatherings. 

 

Scott Oldham asked what level they’re calling a mass gathering.  Chief Cornman replied there are minor mass gatherings and major mass gatherings.  A major mass gathering attracts or continues to attract a continual audience or congregation of participants of 1,000 or more for an hour or more.  A minor mass gathering attracts or continues to attract a continual audience or congregation of participants of 500 or fewer than 1,000 for an hour or more.

 

Dianna Bastin asked if this affects the Hilly 100.  Chief Cornman explained it is included in the exemptions under Richland Bean-Blossom Community School Corporation. 

 

Scott Oldham asked if they’re still required to submit the paperwork but the fee would be waived.  Chief Cornman replied that was correct.  Mr. Oldham confirmed the Hilly 100 and the school corporation, for most of their events, achieve the minimal standards listed in the ordinance.  Chief Cornman answered that was correct. 

 

Darla Brown, Town Attorney, has received some comments from Denise Line, the Town’s ADA Coordinator, and the Town Marshal with regards to some additions that have been suggested.  Denise Line suggested language be added with regard to accessible parking spaces that are in accordance with the Americans with Disabilities Act.  Ms. Brown suggests it be put under §98.05(C)(2)(F), Vehicular Ingress and Egress to Facility and On-site Parking.  The new subsection F references parking that should be in compliance with the ADA.  Both Ms. Line and the Marshal suggested there should be language regarding the toilet facilities and that those should comply with the Americans with Disabilities Act.  She suggests putting that language under §98.05(C)(7) and split the existing paragraph into two sections. There will be a paragraph that says, “There shall be adequate sanitary waste disposal facilities available” which will be subsection A.  Subsection B will reference the toilet facilities that shall comply with the American with Disabilities Act.  The Marshal also suggested there be a paragraph allowing the police or fire departments to shut down the event immediately for public safety due to riotous, tumultuous conduct, weather and so forth.  This suggestion should be put under §98.05(C)(3) with a new subsection C.

 

Scott Oldham asked the Town Marshal if he is comfortable with the numbers under security.  Marshal Bowlen prefers one officer for every 250 people.  Ms. Bastin asked if organizations can bring their own security.  Chief Cornman reviewed 12 ordinances and resolutions and about half said they have to use the local municipality.  Mr. Oldham asked if a clause could be added for events to provide their own security with prior permission from the Town Marshal.  Ms. Bastin replied she’s comfortable with it if that’s what other municipalities are doing.

 

Ordinances on Second Reading

 

Ordinance 2014-02 to Establish the Position of Town Manager

 

Darla Brown, Town Attorney, explained this was tabled at the last meeting so the Town Council could have an opportunity to revise the position description.  One revision was under Section 8 which makes the Town Manager the purchasing agent for all purchases in the amount of $25,000 or less.  There was discussion to raise it to $50,000 and then they decided against it so it remains at $25,000 or less.  Some department heads questioned that $25,000 doesn’t buy a vehicle if it’s already in the budget.  Mr. Swafford was of the opinion the purchase should still come before the Town Council.  Ms. Bastin concurs and would still like to see the purchase of vehicles come before the Town Council so the public will know what they’re buying and what it is being used for. 

 

David Drake asked how the Town will pay for the position.  Mr. Oldham replied there are several ways to go about it.  They budgeted an additional amount for insurance that was not used and would revert back to the General Fund at the end of the year.  He suggests that money be used to establish this position.  Next year, they will look at different funding.  Mr. Drake asked how much money was in the insurance appropriation.  Ms. Hash answered it has been awhile and she couldn’t recall the total.  Mr. Oldham thinks it is $60,000 to $80,000.  Ms. Hash noted they budgeted for a 20% increase for insurance and it renewed at a 14% decrease.   This is across all of the different funds.  In the General Fund there was a sufficient amount to cover what is needed.  Mr. Drake asked what the position would cost for the rest of the year.  Mr. Oldham replied it would be $12,000 to $15,000.  They have created a part-time position and next year it will require a separate line item.  As they go through the procedure with more money they will allocate as needed.  Mr. Thomas concurs.  Ms. Hash advised it will take a little bit of action to move the money around.

 

Scott Oldham entertained a motion to approve 2014-02 to establish the position of Town Manager.  Dianna Bastin made a motion to approve 2014-02 to establish the position of Town Manager.  David Drake seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dianna Bastin – yes and Scott Thomas – yes.  Motion carried 4-0.

 

Ordinance 2014-03 Abbitt Annexation

 

Connie Griffin, Director of Planning, presented a map of the proposed annexation and prior annexation in 2010.  It is a total of 115.422 acres for both annexations.  The family home is on 9.3 acres will be zoned Residential 1.  The family farm on 86.304 acres will be zoned Agricultural 1.  All requirements have been met.

 

Scott Oldham entertained a motion to approve Ordinance 2014-03.  David Drake made a motion to approve Ordinance 2014-03.  Scott Thomas seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dianna Bastin – yes; and Scott Thomas – yes.  Motion carried 4-0.

 

 New Business

 

Area 10 Agency on Aging Farmers Market Proposal – Laura Kray, Nutrition Program Manager, and Jaime Sweenie, Endwright Center Director.

 

Laura Kray, Nutrition Program Manager with the Area 10 Agency on Aging, introduced Jaime Sweenie, Endwright Center Director, and Carrie Conway, Executive Director.  They plan to host and manage an Ellettsville farmers market at Area 10.  The Town Council is invited to participate on a market advisory council.  They are requesting the Town’s assistance in getting the word out to potential volunteers and other supporters.  They are devoted to the health and well-being of people and what farmers markets do for communities.  Hosting an Ellettsville farmers market at Area 10 provides benefits for both Ellettsville and Area 10.  They are excited to help foster community spirit in Ellettsville.  The farmers market will provide a place for people to make connections with local farmers and other neighbors to find opportunities for social and civic engagement through volunteering, socializing, participating in the local economy, learning about local, statewide and national food policies, supporting and learning about the food pantry and other Area 10 programs while purchasing fresh local produce and enjoying the festive outdoor atmosphere of a farmers market.  They plan to host the farmers market in the Area 10 parking lot located at 631 West Edgewood Drive.  Their season will be Saturdays, June 1st through September, from 8:00 a.m. to 12:00 p.m.  There will be room for 26 vendors with two additional spots for entertainment and they hope to have ten vendors the first year.  Parking will be along the street adjacent to the parking lot or in the additional parking lot across the street at the Edgewood Apartments.  Accessible parking spaces are reserved to the west of the main parking lot.  The Endwright Center will be open during market hours.  They are currently looking for vendors who are interested in participating at this market and are willing to accept Senior Farmers Market and WIC Vouchers.  The market will be restricted to farmer grown and farmer sold produce only and they will not have craft or prepared food vendors.  They would like to place signs at strategic points in the community and along the State Road 46 corridor.  The Town Council is invited to a meeting they have scheduled for Tuesday, April 8, 2013, from 6:00 p.m. to 7:00 p.m., at the Endwright Center.  The Town’s support in this endeavor would be greatly appreciated. 

 

Dianna Bastin asked if it will not be like the Bloomington Farmers Market in that there will not be bread, honey, meat and eggs but just produce.  Ms. Kray replied that is correct and only farmer raised and sold. 

Council Comments

 

Scott Oldham advised the Town is still in the process of obtaining a permit with the Department of Natural Resources (“DNR”) for the dredging of the creeks and waterways.  The Town is still negotiating on the property for flood control. 

   

Privilege of the Floor

 

Carl Thurman, Thurman Body Shop, asked if the DNR has responded to initial contacts.  Mr. Oldham advised as Mr. Ryle pointed out in the March 10, 2014, Town Council meeting, this really isn’t a question and answer session.  However, the Town has filed the paperwork and won’t hear from them for some time.  Ms. Hash clarified the Town filed the applications to clean the creek.  Mr. Thurman asked about the time frame for a response.  Mr. Oldham advised he would have to ask Connie Griffin, Director of Planning.

 

Adjournment

David Drake entertained a motion to adjourn.  Dianna Bastin made a motion to adjourn.  Scot Thomas seconded.  Motion carried.  David Drake adjourned the meeting at 7:02 p.m.