October 10, 2011

 

 

 

 

The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, October 10, 2011, at the Fire Department Training and Conference Room.  David Drake called the meeting to order at 7:00 p.m.  Dan Swafford led the Pledge of Allegiance followed by a prayer led by Phillip Smith. 

 

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

 

Supervisors Present were:  Jim Davis, Jim Ragle and Connie Griffin.

 

Clerk-Treasurer’s Report

 

Sandra Hash, Clerk-Treasurer – Presented the Clerk-Treasurer’s Report for the month of September.

 

General Fund:

§         September revenue was $67,570.61

§         September expenses were $145,063.25.

§         This leaves a balance of $339,000.82.

 

Motor Vehicle Highway:

§         September revenue was $10,800.27.

§         September expenses were $28,638.69.

§         Ending balance of $77,217.69.

 

Water Operating Account:

§         September revenue was $155,112.60.

§         September expenses were $143,518.63.

§         Ending balance of $182,216.11.

 

Sewer Operating Account:

§         September revenue was $180,715.86.

§         September expenses were $164,973.10.

§         Ending balance of $180,765.14.

 

Approval of Minutes

 

David Drake entertained a motion for the approval of the minutes for the Regular Meeting on September 26, 2011.  Phillip Smith so moved.  Dan Swafford seconded.  Motion carried.

 

Accounts Payable Vouchers

 

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

 

Resolutions

 

Resolution 15-2011 Transfer of Funds

 

Sandra Hash – This is a transfer for the Planning Department.  They are transferring from Certifications, Overtime and Advertising into Office Supplies for a total of $897.83 and from the Code Inspection Officer to Printing for $500.

 

Dianna Bastin – Asked if the transfer will interfere with the part-time code enforcement officer that was hired.  Connie Griffin replied the code enforcement officer is a seasonal position and there are some personal reasons for why he is going to leave earlier than anticipated.  They’re medical related.

 

David Drake entertained a motion to approve Resolution 15-2011 transfer of funds.  Scott Oldham made a motion that they approve Resolution 15-2011 transfer of funds. 

Dianna Bastin seconded.  Roll Call Vote:  David Drake – yes; Scott Oldham – yes; Dianna Bastin – yes; Phillip Smith – yes and Dan Swafford – yes.  Motion carried 5-0.

 

Old Business

 

Cary Scott Project Engineer, JMC Engineers & Associates, Smithville Cable Project on Sale Street, Thomas and Reeves Roads

 

Cary Scott, Project Engineer, JMC Engineers & Associates – On October 4, 2011, he met with Dan Swafford, Jim Ragle, Rick Coppock and Connie Griffin to answer questions and discussed the specifications of the project.  They discussed how to fill the abandoned manhole.  He will contact the property owners along the project to let them know what is going on before they start on the project.  The project is to start one to two weeks before the end of the school year in certain places and it’s anticipated the project will be completed prior to the beginning of school.  There will be traffic control and they will be replacing approximately 400 feet of sidewalk. 

 

Dan Swafford – During the meeting they also discussed Smithville going into another area where they could put in more sidewalks.  Unless someone knows where they could get the funding to put in the sidewalks there’s no sense in looking into it.  This is a shame, however, because they are doing the grading and now would be the time to put in the sidewalks.  It would probably cost $15,000 to put in the sidewalks.  Cary Scott commented they will be replacing 400 feet of sidewalk and it will take approximately 600 feet of sidewalk to get past the Ellettsville Apartments. 

 

David Drake – As long as the Street and Planning Departments and the Town Engineer are happy, the Council is happy.

 

Cedar Bluff Gardens

 

Darla Brown, Town Attorney – Ms. Brown and Craig Benson, Attorney for Defendant Lorelei Sperry, just worked out the language for an agreement between the Town of Ellettsville and Defendant Sperry.  She provided two documents to Town Council.  The documents are Stipulated Facts, Agreed Judgment and Injunction and the Court’s order approving the agreement.  This agreement is for Defendant Lorelei Sperry.  As part of this agreement judgment, Ms. Sperry agrees to pay a fine to the Town of Ellettsville in the amount of $5,000 and to reimburse the Town for all of its attorney fees.  In addition, Ms. Sperry agrees to an injunction and there are some additional items she has agreed to as far as securing the property, the disposing and removal of the chemicals and removing all remaining solid waste trash, etc., from the property.  The plan is that Ms. Brown and Mr. Benson will present the agreement to the judge on October 11, 2011.  Ms. Brown will then present evidence against the remaining defendant, Matthew Cascio, and will ask the court to enter judgment against him that parallels the agreement with Defendant Lorelei Sperry so that the judgment is joint and several against both.   David Drake asked how this affects the other problem with the drainage, specifically the beaver dam.  Ms. Brown replied this doesn’t address the drainage because this is an unique and unusual situation.  Mr. Drake asked if the Town had permission to go on the property to fix the drainage.  Ms. Brown responded that is correct. 

 

Scott Oldham – Asked if the property is for sale.  Ms. Brown replied there is a hearing tomorrow against Mr. Cascio for the ordinance violation.  If he’s asking about the tax sale that was to occur on October 5, 2011, it is her understanding from the auditor’s office that both Mrs. Sperry and Mr. Cascio paid the back property taxes so it was removed from the tax sale.  Ms. Sperry has signed with a realtor to sell the property.

 

Phillip Smith – Asked if this will take care of the leaching problem where the dump site is located.  Ms. Brown replied that is correct.  A lot of the chemicals have been removed.  Connie Griffin went out to the property on October 3, 2011 and she visited earlier today.  The property looks a lot better as far as the solid waste, trash and debris.  There are still some other things that need to be done but it looks a lot better than it has. 

 

David Drake entertained a motion to approve the agreement as represented by Darla Brown, Town Attorney, concerning Cedar Bluff.  Scott Oldham made a motion to approve the agreement as represented by Darla Brown, Town Attorney, concerning the Cedar Bluff Gardens matter.  Dan Swafford seconded.  Roll Call Vote:  David Drake – yes; Scott Oldham – yes; Dianna Bastin – yes; Phillip Smith – yes and Dan Swafford – yes.  Motion carried 5-0.

 

New Business

 

Ambulance Agreement between the Town of Ellettsville and Indiana University Bloomington Health Hospital

 

Jim Davis, Fire Chief – It’s time for the annual contract for the backup ambulance service that Ellettsville provides at the Curry Pike Fire Station to be signed.  The contract has been reviewed by the Town Attorney and the other parties have agreed to the terms and conditions in the contract.  Phillip Smith asked if it is still called the Bloomington Hospital Ambulance Service as it is referred to throughout the letter.  Darla Brown stated the agreement was changed to Indiana University Health and the agreement is between them and the Town of Ellettsville.  Dan Swafford asked if anything had changed in the contract.  Chief Davis replied the name and the dollar amount had changed because it increased by five percent. 

 

David Drake entertained a motion to approve the Ambulance Agreement between the Town of Ellettsville and Indiana University Bloomington Health Hospital.  Dianna Bastin made a motion to accept the agreement between IU Health Ambulance Service and Ellettsville Fire Department.  Phillip Smith seconded.  Roll Call Vote:  David Drake – yes; Scott Oldham – yes; Dianna Bastin – yes; Phillip Smith – yes and Dan Swafford – yes.  Motion carried 5-0.

 

Supplemental Fire Service Agreement between the Town of Ellettsville and Richland Township

 

Jim Davis, Fire Chief – The agreement is basically the same as last year.  The only thing to change was the dates.  The dollar amount is the same.  The Richland Township Trustee has reviewed the agreement and is okay with it.  Darla Brown, Town Attorney, has also reviewed the agreement. 

 

David Drake entertained a motion to approve the Supplemental Fire Service Agreement between the Town of Ellettsville and Richland Township.  Dianna Bastin made a motion to accept the Supplemental Fire Service Agreement between the Town of Ellettsville and Richland Township.  Dan Swafford seconded.  Roll Call Vote:  David Drake – yes; Scott Oldham – yes; Dianna Bastin – yes; Phillip Smith – yes and Dan Swafford – yes.  Motion carried 5-0.

 

Agreement between the Town of Ellettsville and Darla Brown for Legal Services

 

Dan Swafford – Asked if anything had changed in the agreement.  Darla Brown replied there was none other than she added the language to comply with a new statute regarding the hiring of unauthorized agents. 

 

David Drake entertained a motion to approve the Agreement between the Town of Ellettsville and Darla Brown for Legal Services.  Dan Swafford made a motion to accept the Agreement between the Town of Ellettsville and Darla Brown for Legal Services.  Scott Oldham seconded.  Roll Call Vote:  David Drake – yes; Scott Oldham – yes; Dianna Bastin – yes; Phillip Smith – yes and Dan Swafford – yes.  Motion carried 5-0.

 

Trick of Treat Hours

 

Sandra Hash – Trick or Treat hours have been from 5:30 p.m. to 8:30 p.m. on Halloween night for the past several years.    Dan Swafford made a motion to have Trick or Treat hours from 5:30 p.m. to 8:30 p.m. on Monday, October 31, 2011.  Phillip Smith seconded.  Motion carried.

 

Council Comments

 

Dan Swafford – Bulky item drop off day is October 29, 2011 from 8:00 a.m. to 4:00 p.m. at the Monroe County Fairgrounds.

 

Privilege of the Floor - Sidewalks

 

Russ Ryle – Thanked Darla Brown for a year of great service.  Smithville Telephone – Asked if the Town doesn’t have the money to put the sidewalks in will Smithville leave the ground sidewalk ready.  Cary Scott responded they could leave the ground sidewalk ready but basically, they’re going to try and put it back the way they found it.  Mr. Ryle asked since they’ve disturbed it and they already have their materials underground would it be possible to leave it sidewalk ready.   In the future, when the Town does find funding and put sidewalks in they don’t have to go back and re-invent the wheel.  Scott Oldham replied the problem with doing that is by sidewalk ready it’s going to be a level basin that is below ground level and it will get pooling and ice later.  Cary Scott commented it might work if you get a good grass start but the residents may not like to have to mow over it.  Dianna Bastin commented she would hate to cause a hardship not knowing when the Town would be able to put the sidewalks in. 

 

Dan Swafford – Asked Rick Coppock, Bynum Fanyo, Town Engineer, if he had checked the sidewalks in Autumn Ridge.  Mr. Coppock replied he had checked on the sidewalks and it looks pretty much the same as the last time they were there except they have put straw on it.  He assumes their intention is that the project is completed.  Mr. Swafford asked if they didn’t do any more grading but just threw straw down.  Mr. Coppock responded that was correct and it still looks pretty rough.  It looks like a lot of clay instead of top soil covered by the straw.  It still needs to be graded and smoothed out.  There are still pockets along the edge where it’s three to four inches deep.  Mr. Swafford stated the Town did collect on the Letter of Credit in September 2011.  This project was to be completed by September 15, 2011.  He asked if another letter should be sent to the contractor or does the Town hire its own contractor to finish it.  Phillip Smith said he would like to see it finished before winter.

 

Scott Oldham - If the Town doesn’t hire its own contractor and do it, it may never get done.  This has been four years and it’s constantly over and over again, incremental movements just in the nick of time.  Why does the Town continue to play with this and hold that hope that the Town will see the light?  The Town should just do it and be done with it.  Dianna Bastin and Dan Swafford agreed with Mr. Oldham.  David Drake commented as long as the money will cover it, he is in agreement.  Mr. Swafford stated the sidewalk has been poured.  It’s just the grading and seeding.  It will be just a minimal amount.  Mr. Oldham asked Jim Ragle if this was something that could be done in-house. Mr. Ragle stated his department could not do this because they are busy with leaf season.  Mr. Swafford asked if they had a bid from a contractor that was going to pour the sidewalk.  Darla Brown replied they did and it was to do the entire job.  Mr. Swafford asked if they could just use the landscaping portion of the bid.  Rick Coppock stated it needs about three inches of top soil, re-graded, seeded and straw.  Scott Oldham asked if this was something Utilities could do.  Mr. Coppock replied possibly.  Dianna Bastin stated they could check with Utilities because it is sometime part of their cleanup, preserving and putting back as Smithville says.   If Utilities can’t do this then they need to get someone local to complete the project.  Dianna Bastin asked if he would talk to Utilities and she will give them a call as well.

 

Dan Swafford made a motion that the Town collect on the Letter of Credit to finish the Autumn Ridge job and all public improvements.  If it can’t be done in-house then get three quotes and get it finished before the next meeting.  Phillip Smith seconded.  Roll Call Vote:  David Drake – yes; Scott Oldham – yes; Dianna Bastin – yes; Phillip Smith – yes and Dan Swafford – yes.  Motion carried 5-0.

 

Adjournment

 

Scott Oldham made a motion to adjourn.  Dianna Bastin seconded.  Motion carried.  David Drake adjourned the meeting at 7:29 p.m.