October 14, 1997
The Ellettsville, Indiana, Town Council met in regular session at 7:30 p.m., Monday,† October, 14 1997. Members present were Michael Cornman, President, Geraldine McIntyre, Vice President, and Gina Hawkins. Mr. Cornman called the meeting to order.†
MINUTESS AND CLAIMS:
Mike Cornman said we move ahead with the minutes and claims.†† Geraldine McIntyre so moved.† Gina Hawkins seconded.† Motion passed 3-0.
Mike Cornman said request #49 Reynolds Incorporated $552,729.
†††††††††††††††††††††††††††††††† Request #50 Bynum and Fanyo Associates† $9,732.
††††††††††††††††††††††† †††††††† Total request is $562,461.
Mike Cornman said is there a motion to approve this claim.
Geraldine McIntyre so moved.† Gina Hawkins seconded.† Motion passed 3-0.
REMC GENERAL POWER SERVICE CONTRACT-NEW SEWER PLANT:
Gary Miller said back when this project was in the beginning stage of being designed, Tony Hasslinger, was working with the REMC.† Determining was rate structure the town was going to fall under for the power plant.† It was developed by determining the motors that were going to be used by the plant and what kind of load they were going to generate.†† There were meetings and what was discussed was what rate we are going to fall under. †It looked to him once we did a final load, calculation of all the equipment, that what we are going to fall under is a General service rate, ESP 2 rate.† There is another rate structure which is more geared toward higher users and that is the EDR rate, which is the Economical Development Rate.† We didnít qualify for that.† We were under the impression if we were under this EPS 2 rate that we wouldnít have to pay the up front cost on installing the power back to the plant.† He had a meeting with REMC today, (he guesses that was one of their largest installations just to serve one customer) the $107,000.
Gary said the town gets a bill for the installation of the power there which kind of shocked everybody.† Gary said Mike asked him to investigate what was going on.† He talked with the CEO at REMC, and Phil Madison who were both involved in the meeting.
There were copied on all the letters and everything that Tony Hasslinger has sent the town.† They knew our position and how everybody was understanding the rate structure.† Never said one word until he called the other day and said well that is not true, if you fall between the GPS 2 rate your up front cost you have to pay.† That is basically where they stand.† He has discussed with them some options.† They are willing to work with the town, it is one hundred seven thousand some odd dollars.† It is an eligible cost and could be paid with the SRF funds.† We also have the option to pay part of that and make the rest of the payments between an 6 months and a 1 year period.† There is several ways they will work with you on this.
Gary Miller said under this new rate, this rate structure is spelled out in the agreement.† You are going to be calculated a minimum bill.† They take $1.75 times the size of the transformer that is out there, 500 WK transformer.† That is what your minimum bill will be, that quotes out to about eight hundred and some dollars.† Anything over that minimum bill, they have calculated what the bills will be out there and it is going to average somewhere between five and six thousand dollars a month.† They will take the difference between the minimum bill and what your bill is and rebate you 10% of that back on a monthly basis forever.† That is probable going to be four or five hundred dollars a month.† It is going to take a lot of years to recoup that one hundred seven thousand dollars, that is on the agreement.
Gary Millers said also anyone who comes in and ties in to that line, it is a multi-phase service, you will be rebated the cost of their hooking on to the line.
Mike Cornman asked does that mean anybody use it or the people who will use 3 phase?
Gary said people who require a multi-phase.
Gary said one idea is a pump station, if you every extend the sewers out that way then you have a pump station, pump stations a lot of time require a 3 phase service.
That will be eligible for like a 6 year period, if anybody would time in within that 6 year period that would rebate that back to you, the cost of their bill would also go back to you.
After 6 years you no longer have that option.† They are willing to work with you as far as how you want to pay this money.
Rick Coppock said this would come out of contingency moneys.† Mike Cornman asked if this would knock anything out that we are thinking about doing with the contingency money.† Rick said he didnít think so, there should be money left in there to do items we discussed.† Rick said he thinks from the last print out he gave them of construction cost to date it was included in there.† He think there was something like $385,000 left.† He put something for the plant demolition in there.
Mike Cornman said he ran this by people from another power industry, they said this was pretty much standard, especially in a rural setting.
Mike Cornman said he suggests to the Council that we approve the General Power Service Contract with REMC.† Gary said he will discuss with Mr. Madison about how payment was going to be made, we just have the pay request going in now.† Gary said it will probably be another 30 days before this would go on, and it might take another 30 or 45 days before it actually gets paid and that is not a problem with them.† Gary said it will not hold up starting up the plant, the transformer is energized.
Mike Cornman said is there a motion to approve this contract?† Gina Hawkins made the motion we approve the General Power Service Contract for REMC.† Geraldine McIntyre seconded.† Motion passed 3-0.
ORDINANCE 97-11 ORDINANCE TO AMEND THE ZONE MAP-2ND READING:
Mike Cornman read Ordinance 97-11.† Bill Rigger said he is with Bledsoe, Tapp and Rigger and is representing the Sutherlens.† Bill said they came before them at the last meeting for a change of zoning to R-1PUD.†† Gina Hawkins made the motion we approve Ordinance 97-11 to amend to zone maps.† Geraldine McIntyre seconded.† Motion passed 3-0.
Mike Spencer said he has been speaking with Carol Seaman, and as you recall the last time this issue came before the Council you authorized him to send a letter to Carol Seaman indicating that they would, you would be agreeable to the contract with Cook as submitted to you by their 3 slight variations.
1.† The Cassadyís would dismiss all suits or claims directly or indirectly relating to the Town to quire this property.† But not limited to the threatened suits against the Clerk and Council.
2.† There was a reference in the Cook, Cassady agreement with note to radio transmission tower shall be allowed to be put on the tank, you wanted that exception made for devices that would be used solely for Governmental use.
3. That you want to make it clear that you didnít object to the purchasers right to place
lights and signage or sidewalks on the .36 acres.† You wanted those placements to be submitted with the plans for Chandler Square.† Ounce those plans are approved that reservation---------would be terminated.
He sent a letter to Carol Seaman on October 3, 1997, she came back and indicated that based upon her conversation with Cassadyís in their negotiations that they would agree to 1 and they would agree to 3 but they would not agree to 2.† As it stands not there is a reservation in there that the town would be prohibited from putting a transmission devices on the tank, radio transmission devices of any kind period.† We are here today to hopefully get this thing put to bed and to rest and get things taken care of.
Mike Spencer said he requests the town approve the agreement even though the fact we could not get that change on the radio towers.† This was a water tank project that is what it was designed for.† That is the primary purpose.† Iím sure we would love to have that but we canít get the job done.†
Mike Cornman said so what would we be approving then?
Mike Spencer said he prepared a Resolution that would authorize the town to purchase from Cook Inc. the tracts of land the .36 acres the easement for† ingress and egress† which contains approximately .17 acres, and a water line easement containing .34 acres more or less.† Acording to the agreement we would pay Cookís the sum of $20,000 for the fee and easements.† We also agreeded to convey to the Cassadyís.† We talked about the issue of hook-ons, Cook doesnít want the hook ons.† They want it to go to Cassadyís that is by design we understood that.† Grant to the Cassadyís 44 hook ons to be used for the Chandler Square Apartment complex that is to be located adjacent to the above described fee which is the .36 acres.† He put in here that you would authorize him to write a letter to the Cassadyís acknowledging that fact, and authorizing him to send that letter to Carol Seaman, the attorney for Cook, who is to hold that letter until we get all the documents put together to close the transaction.†† -----------Approving the 44 hook ons.† You would also agree that the deed for the above described fee shall contain a restriction on the use preventing radio or other communications transmission uses of real-estate.† You would also agree that Cassadyís have a right to place lights, signage or sidewalks on the .36 acres.† However that signage, sidewalks and lights shall be submitted with the plans for Chandler Square Apartment complex, and are subject to approval by the Town.† Once approved the Cassadyís shall no longer have the right to place other such items on the .36 acres.† This Resolution would be contingent upon Cook conveying to the Town the above described property and easements.† It is also contingent up on the Cassadyís releasing all claims or -----------action relating toward the claim filed by the Cassadyís with the Town alleging trespassing, any and all other claims or causes of actions they have against the Clerk of the Town of Ellettsville, or the town pertaining to the allege failure of the clerk to prepare documents to the Cassadyís.† It is also contingent upon the presentation to and approval by title insurance showing marketable title and all deeds need to be properly signed.
Jeff Farmer asked why is there such a hold up on the radio tower, what is that about?† Mike Spencer said you got me I donít know.† Jeff said there is a reason for not wanting to allow the City to use that as a ---------.† Mike Spencer said the reason he was told was that Mr. Cassady was concerned with people he had no control with going across the easement.† Which is apparently going to be the ingress egress for Chandler Square Apartments as well.† Mike Spencer said also he had no contact with the town other that go in and repair radio transmission towers and radio things.† That is the reason that was given to him.
Mike Cornman said in this deal we are going to give 44 hook ons, is that right?† Geraldine said and $20,000, but we canít put up a tower for like fire or ambulance?† Mike Spencer said right.† Geraldine said but we are going to float a bond and pay for that tower?† Mike Spencer said for the water tower.† Mike Cornman said the water tower for the propose of water, that is correct.† Geraldine said she can not go along with it.
Mike Cornman said being the town needs the water and† for what will happen with our projected water usage especially with the volunteer sewer ban is lifted.† Itís imperative that this contract go through.† He thinks we are in a situation here we have to proceed on, not only for that but also for the economic stability of the community with local industry.† With those things in mind he is going to suggest to the Council that we do approve this resolution with what number we give it.† He is in favor of this, he doesnít like it but he is in favor of it.
Gina Hawkins said she agrees, she doesnít like it, she doesnít see why, it is our property, it is our tank, we canít put a tower on it, but he can put signs, sidewalks, whatever on our property and we are suppose to allow him to do that.† She has a real problem with it, but she agrees with Mike (Cornman), that we have to have this water tank.† She thinks the deal itself from the beginning has just been ridiculous, but it is what we need and if have to do what we have to do to get it.
Mike Cornman said based upon what you said do you feel the same way Geraldine?† Geraldine said yes I do.
Mike Spencer said I think one of the other things that you have to consider is we have a contract with Cook Inc. to pay them approximately a million six dollars which is going to be contingent upon us owning the property.†
Geraldine said but then we are allowing them to put lights and everything up there why canít we put our-its a Governmental thing, can they stop us from----
Mike Spencer said whether its a good deal or a bad deal or whether you agree with the terms or donít agree with the terms, the simple reality of it is, there is a tank thatís being put up there and when December rolls around we better have 1.6 million dollars to pay for it, if we donít have the 1.6 million dollars to pay for it that creates a very difficult situation in the contract there is a provision that they are to be paid† with in 30 days of completion of the tank.† If it is not paid for with in 30 days.† You start kicking interest in on 1.6 million dollars you are talking about a chunk of money and it is going to accrue real fact.† The terms may not be the most satisfactory, but the reality of it is this project had nothing to do, there was no mention of radio towers, communication devices on this water tank until one board meeting when Mr. Cassady wanted to put up the radio towers.† Other than that there had been no mention of radio towers.† Mike discussed this with the Council.
Geraldine said why are we allowing them to put all of this on our town property, once we purchase the property, and who is going to take care of it?
Mike Spencer said number one first of all it is not all these things, the proposal and it is not entirely in my Resolution, but it canít interfere with the use of our property.† The proposal is to allow them to put signage, sidewalk, and light on the our property to the extent it doesnít interfere with our property, and to the extent it is submitted with† plans for the Chandler Square property.† At that point and time the town will have some input in to where it is going to be located and some decision on that.† Once that is done that is it.†
Jeff Farmer said that benefits the town.† The question he has is anybody going to be able to use that as a radio tower?†† The answer was no.† Jeff said the problem he sees in this and he sure wouldnít let it hold up the contract, but what if we go with electronic reads on our meter reads in the future, you could use it as a repeater or radio tower for fire and police.† He is sure he understands why this is a hold up, only the Town of Ellettsville would benefit from this.
Geraldine said that is all I want on there is for police, fire and then if we do go to this meter reading like we are considering doing it would benefit us there.† She doesnít want any other tower up there other than our local fire.
Mike Cornman asked Jim Davis at the present currently do we have any communications problems to speak of within the fire department.† Jim Davis said narrow that down real close.† Mike said I am not talking about the system itself with the Ellettsville Fire Department radios.† Jim Davis said no, we donít have any communications problem.† Mike Cornman said he knows the Police Department is correcting theirs as well by getting a repeater system.† Mike said at the present time we are not in need of that.† We are looking toward the future.
Jim Davis said can there not be something put in there that so many years down the road you can go back and take a look at this, and see if you could do it ten years from now.
Mike Spencer said we can always attempt to renegioate, that is a fact.† You can always come back and renegioate.† Jim Davis said we donít need it today,† what about ten years from now, twenty years from now?† Mike Spencer said the way the provision would be you would go back to the Cassadyís and attempt to renegioate.
Gina said she thinks the point Michael made to is that we are going to have to put up new tanks so we donít need to worry about this one.† We can put what ever we want on our next tank.
Geraldine said she didnít want to vote against it because of Cooks because they do need it and it will benefit us to have the water tower.† She just doesnít like the idea of them telling us that we canít use it.†† Gina said it is to late for that Geraldine.† Mike Cornman said because of the time frame especially having to pay Cook on time.† Geraldine said so why are you going ahead with the 44 hook ons then, why donít we just give them $20,000 for the land?† Mike Spencer said because that was not† the agreement is on the table.
Mike Cornman said with the time frame that we are under more so now than ever then we are backed into the corner, the town is backed into a corner.† Had there not been a time restricting or many years to do this, we are still on top, but weíre not right now.† You always hate to consider like that but we are.† If it does fail tonight he will call for a special meeting as soon as possible so everybody can be here and bring this around so we can vote on it and hopefully get it passed.† He is not saying to 2 members that are not here arenít against it either, he doesnít know that, or for it either way.† He has an idea they feel the same way we do about being into the corner.
Gina said she thinks everybody agrees it is not something we want to do.
Geraldine asked if there is some way he can write in that contract that maybe 5 or 10 years down the road we can---Mike Spencer said he didnít think so not at this time.
Mike Spencer said it is the anticipation that Cook will close with Cassady tomorrow, so they will own the property.† It means that the agreement with Cook and Cassady have will be in fact be operating-----------.† Mike said he can always go back and renegoiate, there is nothing in here that says you canít renegoiate.† He doesnít think that that particular language is necessary.
Geraldine McIntyre made the motion that we accept this contract.† Mike Cornman said one thing that is not noted we are currently under a volunteer sewer ban, we donít have 44 hook ons available.† Technically we donít have them available until IDEM lifts our volunteer sewer band.† Rick said you can give him 44 hook ons he canít connect though.
Mike Cornman read Resolution 12-97.† Geraldine said she would go along with this just because we do need the tower and Cooks needs the tower.† Geraldine made the motion that we accept this agreement, this Resolution.† Gina Hawkins seconded.† Motion passed 3-0.
GROUP INSURANCE CONTRACT:
Cheryl Terry from the ISU the May Agency.† Cheryl said the group insurance that they are presenting tonight she put together in 3 pages to go through with the Council.† The insurance company she covered was Starmark.
Mike Cornman said is there a motion to approve this.† Gina Hawkins so moved.† Geraldine McIntyre seconded.† Motion passed 3-0.
CHANGE ORDERS FOR ELLETTSVILLE WWTP FACILITY:
DISCUSS DEMOLATION OPTION FOR OLD SEWER PLANT:
Rick Coppock said the short version is they looked at 2 different alternates, A and B.
Alternate A was to just take down the buildings and cap of the pipes and basically remove the structures and the grate pretty much stay as the are now.† Without being filled, the equalization basin.† Jeff Farmers said actually done to the equalization basin.
Alternative B is if we did that plus we brought the whole site up to an elevation of around 681 which is about where the lab is or the building up there it may be a foot less.† What that does it fills in that whole area including the equalization basin and it keep all that area out of the flood plain.† The flood plain elevation in that area is around 680.5 or something like that out of the 100 year flood plain.†
Rick said alternate Aís cost was $62,815, alternative B was $176,642, which required them to bring in a lot of dirt to do alternative B.
Rick said the other option that is available and there can be variation of these is that the town could have their own crews do the demolition and be reimbursed through SRF funds for that work, for the time they actually are working on demolition of the existing sewage treatment plant.† To do that you would have to set up a special fund with SRF and Ty Connor has talked to ------- Lawrence at SRF about that, and there is a way to do that.† They have to keep good track of those times, dollars and everything else.† That would involve Reynolds and equipment, like a track hoe to bus down the foundations,----------,haul some materials off.† That is another option.†
Jeff Farmer said let me add to that option, he talked to Jim Ragle, he is interested in the scrap metal.† He also said his crew is willing to come over and scrap out the cat walks and any scrap metal that can be salvaged and trade it in to J. B. Salvage for future use, whatever they might use it for.
Geraldine asked for the figures again.† Rick said $62,815 (for A), (for B) $176,642.† Geraldine said what happened to the $50,000 that was originally planned to do the demolition?††† Rick said the $50,000 was just a number that was budgeted when they did the bond ordinance, he doesnít know how that $50,000 number ever came about.† Jeff Farmer said it was an estimated cost.
Mike Cornman said personally we wouldnít want the utilities crews to be involved in the demolition because there is to much stuff to be done with our water and sewer.† He is not saying that the Street Department has more time, or doesnít have more time.† He thinks it is probably something that they can work in if they would be willing to do a little bit more---------.†
Jeff Farmer said note on there neither one of those prices include the sludge removal from the ----------- basin which has three and half, four foot sludge, which he is currently working on.† As far as he is concerned the biggest problem down there is the sludge removal.† Jeff said knocking those building down will be great difficulty.† The biggest job is removing the metal and obviously the pumps, and we can do that fairly quickly.† After that it is to no harm to anybody else he wants to sit up where we demolish it.† He canít see it taking a long time to just knock everything into the grate as is.
Mike Cornman said do we have like a natural price, say we had the mixture of people, whether it be Reynolds, the Street Department, and whom ever else, to tear that down, a projected cost?† Rick Coppock said no.† Mike asked can we do that, to compare apples to apples, can we compare what the town is going to do, doing ourselves verses, $62,000 have Reynolds do the whole thing, or $176,000 have them do the whole thing.† We are going to get reimbursed through SRF, right?† Jeff Farmer said actually keep track of the hours that we spend on it and get reimbursed.† Actually there wouldnít be a cost to the town just take that money our of contingency money.† Mike Cornman said that is right it would just go in the general fund.† Jeff said in the general fund you could use it to purchase new equipment or whatever.† Mike Cornman said after it is appropriated.
Mike Cornman asked the Council what they thought about this?† Jeff Farmer said he thinks it is true also, if you do it yourself, you can actually hire somebody, hire an outside construction company and just run a track hoe, and you would be reimbursed for that money also.† There was more discussion.
Gina Hawkins said it sounds like generally it is going to be cheaper to do it ourselves.
Geraldine said she agrees with Gina, she thinks they should do it ourselves.
Mike Cornman agrees with them.
Mike Cornman asked to we have to do a RFP for this or ---.† Gary Miller said a this point, no, we will just do a change or will you are not going to do it at all, they have already done the RFP.† Mike Cornman said so we just have to get things set up with SRF?
Rick said get things set up with SRF to sit up an account.† Mike asked who would be the one to do that?† Rick said probably Ty Conner would do that.
Jeff Farmer said then you also have to decide who is going to be in charge of getting it done, if it is going to be us, that is a non routine service, we are already doing it anyway but, you could have your Utilities Department person do it.
Mike Cornman said he thinks the Street Department ought to be the ones to over see that.
Jeff Farmer said he doesnít think he is any position to negotiate with SRF funding and take care of all of that part.† Mike Cornman said that part will still be done the way it always will be but.† Jim Ragle asked Jeff Farmer if he is going to over see it.† Jeff Farmer said it doesnít sound like it.† Jim Ragle said why canít you over see it?† Geraldine said we can do it that way.† Mike Cornman asked what is the numbers here, so we know what it is going to cost?† Mike Cornman asked them if they want to give them something for the next meeting or do you want to try and do it now.
Jim Ragle said they are going to have some days we are not picking up leaves they can go over there and strip all that metal, and that will be something for them.† They take it to J.B.ís and get a credit, if they are going to build a piece of equipment or repair something they can go over there and use the metal.† That is just a trade off, he wonít sell it to them they will just give them a credit for any scarp metal and when they want to build a trailer or fix a piece of equipment we need metal, they will go over there and use the credit.
Jim said he can figure their time.
Jeff Farmer said if you want to do it in house, he thinks it is a good idea, somebody is going to have to manage it and decide how it is going to be paid back to the Street Department, or the Utilities Department, who is going to be hired out, and how the SRF is going to be billed and all of that other stuff.
Mike Cornman said he agrees if they are not going through Reynolds, he understands what he is saying.† Gary Miller said the town is taking on some liabilities as far as hazardous, confine spaces entry, that kind of thing.† Jeff Farmer said that is not a problem.
Mike Cornman said Bynum Fanyo Utilities will see to it if that is the case.
Mike Cornman asked the Council if anybody had a problem with Bynum Fanyo Utilities overseeing the demolition project?† Gina said she didnít have a problem with it.
Jeff Farmer asked what do you think just put them together a plan?† The Council wants some figures.
ORDINANCE 97-12 ADDITTIONAL APPROPRIATION:
The Clerk informed Mike this was a second reading.† Mike Cornman read Ordinance 97-12.† Mike suggested this be tabled until the next meeting.
ELLETTSVILLE TOWN CODE AGREEMENT-JAMES PALMER:
The Clerk informed the Council that we have had an agreement with him and it is time to renew it.† He will pick up Ordinances every quarter and up dates the code book so we are always current.† If we donít have anything in that quarter he will hold off and maybe do it in 6 months.
Mike Cornman asked is there a motion to approve the contract with James Palmer.† Geraldine McIntyre so moved.† Gina Hawkins seconded.† Motion passed 3-0.
H.J. UMBAUGH ACCOUNTING SERVICE AGREEMENT:
Mike Cornman said this is basically for the work that they have done for preparing the bonds for the water tank.† The Clerk had copied it for all the Board members.†
Mike Cornman asked is there a motion to approve the Umbaugh Accounting service agreement.† Gina Hawkins so moved.† Geraldine McIntyre seconded.† Motion passed 3-0.
ORDINANCE 97-13-ISSUANCE OF WATERWORKS BOND:
Mike Cornman read Ordinance 97-13 by title only.† Mike Cornman asked is there a motion for first reading?† Geraldine McIntyre so moved.† Gina Hawkins seconded.† Motion passed 3-0.
Mike Cornman suggest that a motion be made to adopt this Ordinance on the same day it is introduced.† Gina Hawkins so moved.† Geraldine McIntyre seconded.† Motion passed 3-0.
Mike Cornman said now we need to pass the Ordinance, he is going to suggest that the Council that Ordinance 97-13 be adopted.† Gina Hawkins made the motion I move that Ordinance 97-13 be adopted.† Geraldine McIntyre seconded.† Motion passed 3-0.
CONTINUING DISLOSURE UNDERTAKING AGREEMENT (WATER WORKS BOND:
Mike Cornman said attached with this is the Continuing Disclosure Undertaking Agreement for the water works bond.†
Mike Spencer said this is an agreement in fact that should be attached to Ordinance 97-13, he would like to go ahead and approve this as well, separately.† It has to do with the securities the exchange commission.† He is asking that the board approve the continuing disclosure under taking as that will be attached to Ordinance 97-13.† This is simply an agreement that you will continue to disclose relevant information concerning the bond issue to the person who is called the counter party.† Again this is in an area of securities exchange commission, he has to omit that, but he is know way near knowledgeable about this area.† This was submitted by Bond Council and they said it needs to be approved and so he has to rely on their expertise and recommend it be approved.
Mike Cornman said based upon the attorneys statement he suggests to the Council we approve this agreement.† Geraldine McIntyre made the motion that we approve this agreement.† Gina Hawkins seconded.† Motion passed 3-0.
AREA 10 CLOSING OF SENIOR YOUTH GRANT:
Eleanor said two folks from the Indiana Department of Commerce came down last Wednesday, to look through their files and† do the administrative close out for the Department of Commerce grant that----of the Endwright Center, those funds that came through the Town of Ellettsville.† They were very pleased with what they saw.† There where no findings.† They look through just about every paper in 2 big files and they couldnít find anything to complain about.† They were particularly complimentary of the work that Diana had done to get out the checks fast when the claims came in and there wasnít any problems there.† There was labor of standard stuff that Sandy Hash had done.
They would like their permission to close out this grant, all the funds have been spent including the retainage, and there are no outstanding issues remaining to the Ellettsville -------------.
Mike Cornman asked Eleanor if Mike had been brought to date on the closing of the grant.† Eleanor brought copies to the Council.† She said it just says there are know outstanding issues relating to the financing and there are know outstanding issues relating to the activities.† Eleanor said the third page indicates the projected beneficiaries of the Endwright Center, that information is included in our grant when we submitted it and she is going to include it in the reports.
Mike Cornman asked Mike Spencer if there is anything they need to be concerned about with the closing of this grant for this part of it?
Mike Spencer said the only thing that he is aware of with this project is the dispute we have with Harold Mechanical.† He talked with the auditor, probably last week, she confirmed that that issue does not effect our grant in this case, but all grant moneys have to be paid.† He sees know reason----------.
Mike Cornman said he suggest to the Council that we approve the administrative close out of the Community Development Block Grant for the Senior Youth Center, the Endwright Center.† Gina Hawkins so moved.† Geraldine McIntyre seconded.† Motion passed 3-0.
Mike Cornman said Eleanor on behalf of the Council I want to thank you along with Jodi Shur, the 2 people who did all the paper work and he appreciates every thing that they have done.† That is also a credit to you if there is know problems with the paper work, that was you job so we appreciate it.† We appreciate it, Thank You Very Much.
Eleanor said Thank You to the Town for all your support for this project.† The Department of Commerce also said that they would encourage the Town of Ellettsville to apply for these funds again if they should need it for any future projects.
R.W. ARMSTRONG AMENDMENT NO. 3 TO THE AGREEMENT FOR PROFESSIONAL SERVICES:
Mike Cornman said some time back a couple months ago, it was in late August or early September, the Council met with Jim Flora, Vice President of R.W. Armstrong and Gary Miller and discussed the contract.† They wanted to increase over the budget amount of three hundred thousand dollars to three hundred twenty two thousand dollars, the budgeted amount.† They met about 21/2 hours and we asked a lot of question and they answered all the questions.† There is several reasons they asked for the increase of the contrast.† One was the computer work, which was probably a large part of it. †They also represented us in some appeals both local and at the state level.† The SRF alone caused some design adapters, so we have to comply with that and they did some design changes.
The Council, we did have a meeting and voted 2-1, we thought we had approved the contract, we were in error, all 3 people had to vote yes.
Gary Miller said he might had something not that they are getting close to the end of this project.† He has got with all their sub consultants and he has kind of figured out where they are in their contract.† It look like they are probable going to be somewhere around that three hundred thousand dollars that they had budgeted at this point anyway.
Mike Cornman said the three twenty two is not to exceed?† Gary said that is a not to exceed amount, that is something we only charge you for the hours that is worked.† Gary got with Mr. Bippen, who is doing the work with the controls, and he has given him where he thinks he is going to be and that is kind of allowing for some time after the plant is on line for him to come down.† Gary said if something goes wrong and nothing is working, it could be more time than that.† We shouldnít have those problems, thinks have been going pretty well.
Geraldine said if we vote for this increase it wonít exceed the increase, right?† Gary said no.† Geraldine said it could be less?† Gary said the indications are now that it is going to be less, it is going to be right around the three hundred.† Gary said that is preliminary what he is asking.
Geraldine McIntyre made a motion that we pass this amendment.† Gina Hawkins seconded.† Motion passed 3-0.
ORDINANCE 97-14-ORDINANCE TO AMEND CHAPTER 200-40 OF THE ELLETTSVILLE TOWN CODE:
Mike Cornman read Ordinance 97-14.† Gina Hawkins made the motion we accept Ordinance 97-14.† Geraldine McIntyre seconded.† Motion passed 3-0.
REQUEST FOR BLOCK PARTY IN MEADOWLANDS SUBDIVISION FOR RESIDENTS:
Mike Cornman said about 2 years ago these people came to us from Meadow Land subdivision having block party and we granted that.† This time they are wanting to have a block part on Sunday, October 26th , for 3 oíclock to 7 oíclock on Clover Drive in that subdivision.† They want to block the street of at Meadow Lands Drive and Clover for this time and period.† The party takes place about the center of Clover Drive.
Mike Cornman said he suggest that we approve this request for block party on the contingency that the police department.
Geraldine McIntyre said accept this requested for block party in Meadow Lands.† Gina Hawkins seconded.† Motion passed 3-0.
ORDINACE 97-15-ORDINANCE TO AMEND THE ZONE MAP:
Mike Cornman read Ordinance 97-15.†† Mike Cornman said I suggest to the Council to submit this Ordinance for first reading.† Mike Spencer said it is a zoning ordinance, it passes on the first reading.†† Geraldine McIntyre made the motion that we adopt Ordinance 97-15 for rezone of C-1.† Gina Hawkins seconded.† Motion passed 3-0.
RESOLUTION 12-97-TRANSFER OF FUNDS:
Gina Hawkins read Resolution 12-97.† Geraldine McIntyre made the motion that we† accept Resolution 13-97 transfer of funds.† Gina Hawkins seconded.† Motion passed 3-0.
CHANGE ORDER FOR ROBINSONS:
The Clerk informed the Council that Robinson she thinks phase one, the Council went ahead and extended the contract which made them exceed the amount of the contract.† State Board of Accounts are requesting a change order to reflect what you have already done.
Rick said when we bid that out not knowing how many laterals were connected to the sewer and what there locations were and how far back it had to be replaced.† There was a price in the bid documents for extending the laterals whether they be under the street or in the yard as they came across those during construction, George was to approve extending it so many feet here and there in order to make those connections.† As they did that then that increased their contract amount per the set price that was already in the agreement.† That change order there just adds up all those previously approved amounts and puts them in one change order for the State Board of Accounts record.
Mike Cornman said this is phase one which is Vine Street.† Mike Cornman asked if there was a motion to approve this change order for Phase one of the sewer line replacement?†† Gina Hawkins so moved.† Geraldine McIntyre seconded.† Motion passed 3-0.
CHAGE IN PERSONNEL POLICE-JIM DAVIS:
Jim Davis would like the Council to amend the personnel policy in the area of, he doesnít know if it is the description of the hours worked on a part time employee or just how many hours they can work.† He thinks it says no less than 24.† He thinks it was a wording error when they adopted that.† It should have read 24 or less, is a part time employee.† It is hard to work a guy three eight hour days because you have got the word 23 in there.† So you have to work 2, eight, and a seven.† He would like to see them amend the personnel policy so it reflects a part time employee would work 3, 8 hour days.
Mike Cornman said tell Mike (Spencer) to prepare a rough draft and send it to Jim Davis.
Gina said because the police works eight and a quarter hours, didnít we say it should be like less that 25?† Mike Cornman said that is correct.† There was more discussion.
Mike Spencer said 25 or less?† Jim Davis said 25 or less.
TRANSFER OF SICK DAY FROM ERIC CHAUDION-JIM DAVIS:
Jim Davis informed the Council that about a month ago Eric Chaudion turned in a request to transfer sick days.† He was here about a month ago and asked if anything had taken place on that?
Mike Cornman said we were going to check with the personnel policy.† Mike said he thinks with Council approval.† Jim Davis said it says the Council has to give the approval.
Diana said she thinks Chaudion requested this be split between Jim Davis and Jim Ragle.
Mike Cornman read from the personnel policy.† Transfer of sick days, any employee may transfer unused sick days to another employee provided that the Town Council approves such transfer.
Geraldine said she had no problem with it letís do it.† Gina seconded.† Motion passed 3-0.
Mike Spencer said the motion was to allow Chaudion to transfer sick days to Jim Davis and Jim Ragle.† Mike Spencer said why donít you make that motion.† Geraldine McIntyre made the motion that Eric Chaudions sick days be transferred to Jim Ragle and Jim Davis equally.† Gina Hawkins seconded.† Motion passed 3-0.
NEW SEWER PLANT:
Gary Miller said they have tenitivly scheduled a substantial completion inspection for the 28th, it is a Tuesday.† They would like to have a representative from the town, Bynum Fanyo, and he will be there.† They will probably have a represitive from all the consultants there.† He has to get the date cleared with everybody else.
One Reynolds gets this plant on line they are going to want to request substantial completion.† They will want the retainage released.
There was more discussion.
REDHILL ROAD TO THE NEW SEWER PLANT:
Rus Lindsey said he is a resident on Red Hill Road.† One of the things he has noticed is the road is tremendously rutted, where the heavy trucks have transported concrete or what ever down to the new plant.† He is concerned because their road is in poor shape now.† He understands it is in the Countyís jurisdiction but at the same time he thinks the Council† might have some say with regards to advising the County.
Mike Cornman said we do have an agreement with Monroe County government that will do some repairs to the road.† We are† going to chip and seal Red Hill Road when it is completely done.† There was more discussion.† Mike said we have been working with John Chambers of the County Highway.
Jim Ragle said him (John Chambers) and George talked and they were trying to get some kind of agreement where they would black top that but he is out of it now.† George talked to him last.† Jim said the County was planning on black topping that, but it is getting late in the year.
Mike Cornman told Mr. Lindsey that he would check and see and we give him a call on what is going on.† Mr. Lindsey gave Mike is phone number.
Geraldine McIntyre made the motion to adjourn.† Gina Hawkins seconded.† Motion passed 3-0.