May 26, 2015

 

 

 

The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, May 26, 2015, 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 Thomas.

 

Roll Call:  Members present were Scott Oldham, President; Scott Thomas, Vice President; Dianna Bastin; David Drake and Kevin Farris.  Sandra Hash, Clerk Treasurer, Jim Davis, Town Manager, and Darla Brown, Town Attorney, were also present. 

 

Supervisors present were:  Danny Stalcup, Tony Bowlen, Kevin Tolloty, Mike Farmer and Jeff Farmer.  Deputy Chief Kevin Patton represented the Fire Department.

 

Approval of Minutes

 

Scott Oldham entertained a motion for approval of the minutes for the regular meeting on May 11, 2015.  David Drake so moved.  Kevin Farris seconded.  Motion carried.

 

Accounts Payable Vouchers

 

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

 

Resolutions

 

Resolution 06-2015 to Adopt a Written Fiscal Plan for the Burgess Property (Future Town Hall Property) Voluntary Annexation, West Maple Grove Road, Ellettsville; Case No. PC2015-04

 

Darla Brown, Town Attorney, explained the ordinance to annex the Burgess property will follow under New Business of the agenda.  By statute a written fiscal plan has to be adopted by the Town Council beforehand.  The resolution is to adopt the written fiscal plan. 

 

Dianna Bastin asked if the address is West Maple Grove Road.   Ms. Brown replied that is the address on the deed.  Mr. Davis added it borders West Maple Grove Road and not State Road 46.  Ms. Bastin asked if the address will be West Maple Grove Road or State Road 46.  Mr. Oldham explained the Town will build a road into the property and it will have its own address. 

 

Scott Oldham entertained a motion to adopt Resolution 06-2015.  David Drake made a motion to adopt Resolution 06-2015.  Dianna Bastin seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake – yes; and Kevin Farris – yes.  Motion carried 5-0.

 

Resolution 0702015 to Adopt a Written Fiscal Plan for the Richland Convenience Store Partners, LLC (Former Swifty) Voluntary Annexation, 4723 W. State Road 46, Bloomington; Case No. PC2015-03

 

Darla Brown, Town Attorney, explained an ordinance to annex the former Swifty property owned by Richland Convenience Store Partners is on the agenda and this resolution is to adopt the Fiscal Plan prior to the annexation.

 

Dianna Bastin is in favor of the annexation because it has been a postage stamp county property.  Mr. Drake noted the Town already has services to them. 

 

Scott Oldham entertained a motion to adopt Resolution 07-2015.  David Drake made a motion to adopt Resolution 07-2015.  Scott Thomas seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake – yes; and Kevin Farris – yes.  Motion carried 5-0.

 

Ordinances on Second Reading

 

Ordinance 2015-05 to Amend Various Sections of the Town of Ellettsville Personnel Policy

 

Scott Oldham requests this matter be tabled until the Town Attorney can answer the questions presented at the prior work session.

 

Jim Davis, Town Manager, asked if a portion of the Personnel Policy can be approved excluding the section being questioned.  Ms. Brown answered they can exclude parts of it.  Mr. Davis specifically wants to omit §§36.220 to 36.229(C)(3) as they only pertain to police issues.  Ms. Brown confirmed if the ordinance is passed as amended she can give a clean copy to the Clerk-Treasurer that will omit the police personnel policy section.  The police personnel policy section would come back before Town Council in a separate ordinance. 

 

Scott Thomas asked what the benefit is of excluding the police personnel policy.  Mr. Davis replied the other amendments added to the Personnel Policy can be implemented.  It appears there are issues with the police personnel policy that need resolved before they can move forward.  Mr. Farris asked if it is beneficial to the Clerk-Treasurer to go forward with the other amendments.  Ms. Hash answered a few of the proposed amendments pertain to payroll.  Mr. Davis reiterated he specifically wants to amend §36.002 up to and including §36.205. 

 

Dianna Bastin stated there are amendments, barring the police issue, that are beneficial to employees.  Mr. Oldham confirmed Mr. Davis is requesting to amend everything from §36.002 up to and including §36.205 and §§36.220 to 36.229 will remain pending until such time their questions are resolved.  Mr. Davis said that is correct.  Mr. Thomas asked if it would be detrimental to wait and pass the amendments all at once.  Mr. Davis answered one part does not have an influence on the other part as they all stand alone and they are all different sections of the policy. 

 

Scott Oldham entertained a motion to adopt Ordinance 2015-05 as amended by removing §36.220 and thereafter.  David Drake made a motion to adopt Ordinance 2015-05 as amended by removing §36.220 and thereafter.  Kevin Farris seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake – yes; and Kevin Farris – yes.  Motion carried 5-0.

 

Scott Oldham confirmed all other sections not amended will remain in effect.  Mr. Davis agreed.

 

Ordinance 2015-06 to Annex the Burgess Property, West Maple Grove Road, Ellettsville; Case No. PC2015-04

 

Kevin Tolloty, Planning Director, explained the Burgess property, also known as the future site of Town Hall, received a favorable recommendation for annexation at the May 7, 2015, meeting of the Plan Commission.  All legal and public notice requirements have been met.  The property is approximately 50 acres of undeveloped land and 39% of the border is contiguous to the Town.  The property is located behind the Police Department and is addressed as Maple Grove Road which will change when the building is completed.  The recommendation is for zoning of C-1, Neighborhood Commercial.   

 

Scott Oldham entertained a motion to adopt Ordinance 2015-06.  David Drake made a motion to adopt Ordinance 2015-06.  Scott Thomas seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake – yes; and Kevin Farris – yes.  Motion carried 5-0.

 

Ordinance 2015-07 to Annex 4723 West State Road 46, Bloomington, Case No. PC2015-03

 

Kevin Tolloty, Planning Director, explained this annexation request is for Richland Convenience Stores, LLC who received a favorable recommendation at the May 7, 2015, meeting Plan Commission.  This is a 100% voluntary annexation.  The property is 100% contiguous and is approximately 1.15 acres located at 4723 West State Road 46.  It was formerly the Swifty gas station and is expected to be redeveloped in a similar manner.  All legal and public notice requirements have been met.  It is proposed to be zoned C-3, General Commercial.

 

Scott Oldham entertained a motion to adopt Ordinance 2015-07.  David Drake made a motion to adopt Ordinance 2015-07.  Dianna Bastin seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake – yes; and Kevin Farris – yes.  Motion carried 5-0.

 

Old Business

 

Heritage Trail Update - Jim Davis, Town Manager, advised there was nothing new to report.

 

Flood Abatement - Jim Davis, Town Manager, advised there was nothing new to report.

 

New Business

 

Request to Purchase a Brush Chipper for the Street Department

 

Danny Stalcup, Street Commissioner, is seeking approval to purchase a brush chipper and he previously provided quotes to Town Council.  They found a chipper for $41,290 but are trying to purchase the display model which will cost $39,600.  The Street Department will pay half of it this year and finance the remaining half which will be paid off in February 2016.  Peoples State Bank has the best interest rate and will be financing the brush chipper. 

 

Scott Oldham entertained a motion to approve the purchase of the Terex 750 Brush Chipper from Brown Equipment for $39,600 and finance as proposed through Peoples State Bank.  David Drake made a motion to approve the purchase of the Terex 750 Brush Chipper from Brown Equipment for $39,600 and finance as proposed through Peoples State Bank.  Scott Thomas seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake – yes; and Kevin Farris – yes.  Motion carried 5-0.

 

Topographical Survey of the Burgess Property

 

Jim Davis, Town Manager, advised the topographical survey is done for the area where Town Hall will be built.  They will be able to get started on the use of the figures as soon as they move to the next step. 

 

New Legal Description of the Burgess Property

 

Jim Davis, Town Manager, is requesting authorization for Bynum Fanyo and Associates, Town Engineer, to write a new legal description for the Burgess property.  Mr. Thomas asked if this is due to the variances.   Mr. Davis answered yes, because the current legal description is incorrect.  Mr. Farris asked if this will be the final legal description.  Mr. Davis replied this should be the final legal description.  

 

Scott Oldham entertained a motion to approve the new legal description of the Burgess property.  Scott Thomas made a motion to approve the new legal description of the Burgess property.  David Drake seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake – yes; and Kevin Farris – yes.  Motion carried 5-0.

 

Council Comments

 

Jim Davis, Town Manager, announced the Town closed on the property for Town Hall.  In the next few weeks he hopes to have a foot print for the Town Council to look at in a Work Session.  The foot print is preliminary and has gone through each department affected by the building and they’ve given their initial approval. 

 

Supervisors Comments

 

Jeff Farmer, Ellettsville Utilities, has provided quotes for the purchase of a 2015 Ford 550 from Ruxford Ford to replace a 1998 service truck.  The 2015 Ford 550 may be slightly more expensive but it comes with more options.  Mr. Oldham asked if he is wanting to wait on the purchase of the truck.  Mr. Farmer replied if it is what he prefers but he can’t guarantee availability.

 

Jim Davis, Town Manager, explained Mr. Farmer was unable to attend the last supervisors meeting in which he asked them not to ask for expenditures during Supervisors Comments because any information for Town Council should be in writing.  Mr. Farmer did not send an email to Town Council on this until 2:30 p.m. today.  Mr. Farmer advised they did not get the truck price until earlier today.  The truck they want is available and the other isn’t available until mid to late fall.  Mr. Farris asked if this is the only truck in the state.  Mr. Farmer replied it is the only truck he knows of.  Mr. Farris asked if they can’t purchase this truck would they have to wait until late fall or winter to get another one.  Mr. Farmer answered yes because they would have to order a truck.  Mr. Farris asked if the funds for the truck are in their budget.  Mr. Farmer explained there is approximately $80,000 in each of their Water and Sewer Vehicle Replacement Funds.  They have a long list of equipment that needs replaced so they will finance part of the truck and make payments out of their monthly expenditures.  They will do what is best for the Town.  Ms. Hash asked the cost of the truck.  Mr. Drake answered it is $55,818.  Mr. Drake understands Mr. Davis wanting them to provide information before the meetings but Mr. Farmer has four bids and the vehicle is difficult to find.  He doesn’t want to wait two weeks and then they’re not be able to purchase the truck. 

 

Scott Oldham asked if they’re financing the truck.  Mr. Farmer replied they can do it either way.  They can’t get the truck for four to six weeks and he can come before Town Council with their financing options.   Mr. Drake stated the bottom line is they have the money but the question is how they pay for it.  Mr. Farmer said that’s correct.  They’re putting a total of $5,000 a month in Water and Sewer Vehicle Replacement Funds and they haven’t removed much money from those funds in some time.  Ms. Hash advised they depleted the sewer vehicle replacement fund for the land purchase.  Mr. Farmer noted an option would be to finance it through a local bank and pay it back when the sewer fund is reimbursed. 

 

Scott Oldham entertained a motion to approve the purchase of the F550 as outlined from Ruxer Ford that Jeff has requested.  Scott Thomas made a motion to approve the purchase of the F550 as outlined from Ruxer Ford that Jeff has requested.  David Drake seconded.  Roll call vote:  Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake – yes; and Kevin Farris – yes.  Motion carried 5-0.

 

Privilege of the Floor

 

Adjournment

 

Scott Oldham entertained a motion to adjourn.  Dianna Bastin made a motion to adjourn.  Scott Thomas seconded.  Scott Oldham adjourned the meeting at 6:57 p.m.