October 26, 2015
The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, October 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, and Rick Coppock, Bynum Fanyo and Associates, Town Engineer, were also present.
Supervisors present were: Mike Cornman, Danny Stalcup, Tony Bowlen, Kevin Tolloty, Jeff Farmer and Mike Farmer.
Approval of Minutes
Scott Oldham entertained a motion for approval of the minutes for the regular meeting on October 12, 2015 and Executive Sessions on October 15, 2015 and October 20, 2015. David Drake so moved. Dianna Bastin seconded. Motion carried.
Accounts Payable Vouchers
Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers. Kevin Farris so moved. David Drake seconded. Motion carried.
Acceptance of Marshal Tony Bowlen’s Request to Step Down as Town Marshal
Scott Oldham read the following statement from Tony Bowlen:
“It’s been a privilege to serve the Town of Ellettsville as Marshal. I am stepping down as Marshal for personal reasons, and I think it is in the Town’s best interests as well for someone else to have the opportunity to serve as Marshal. I look forward to serving under the new Marshal.”
Scott Oldham entertained a motion to accept Tony Bowlen’s resignation. Dianna Bastin made the motion. 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.
Appointment of a New Town Marshal
Scott Oldham presented Jimmie Durnil whom they interviewed during an Executive Session.
Jim Davis explained the Town Council met in Executive Session and discussed the replacement for Marshal Tony Bowlen. Jimmie Durnil was the candidate and the Town Council proposed his appointment as the new Town Marshal.
Scott Oldham entertained a motion to hire Jimmie Durnil. David Drake made a motion to appoint Jimmie Durnil as the Ellettsville Town Marshal effective immediately. 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.
David Drake stated they were lucky to find someone with the qualifications, experience and reputation of Jimmie Durnil to take this position. They’re happy he accepted.
Sandra Hash, Clerk-Treasurer, administered the Oath of Office to Jimmie Durnil. Mr. Durnil was presented with his badge by his wife, Doretta Durnil.
Marshal Jimmie Durnil is honored to have been considered for this job, to be here and to lead the department. In looking around the last couple of weeks, this is one of the best equipped police departments he has run across. They’re headed in a positive direction.
Resolution 19-2015 to Adopt a Written Fiscal Plan for the Scroggins/Ponton Estate Property Annexation 8235 and 8439 West State Road 46, Ellettsville, Indiana
Darla Brown, Town Attorney, explained the Plan Commission considered this particular annexation at its last meeting.
Scott Oldham entertained a motion to adopt Resolution 19-2015 in reference to 8325 and 8439 West State Road 46. David Drake made a motion to adopt Resolution 19-2015 in reference to 8325 and 8439 West State Road 46. 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.
Ordinances on Second Reading
Ordinance 2015-14 Scroggins/Ponton Estate Property Annexation, 8325 and 8439 West State Road 46, Ellettsville, Indiana
Kevin Tolloty, Planning Director, explained this passed unanimously by the Plan Commission. The Plan Commission adjusted the zoning to A-1 on the northern parcel and C-3 for the two southern parcels. It is 100% voluntary and all of the owners have signed the petition. Approximately 39 acres are to be annexed.
Scott Oldham entertained a motion to adopt Ordinance 2015-14. David Drake made a motion to adopt Ordinance 2015-14. 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.
Establishment of a New Timeline for the Construction of the New Town Hall
Darla Brown, Town Attorney, advised she and Rick Coppock had a conversation with Lisa Lee, Town’s Bond Counsel, and Ryan Fetters, H.J. Umbaugh and Associates, about pushing back the timeline by one and a half months for the new Town Hall. This will give them additional time to get the specs together for bidders. Instead of the Town Council awarding the construction bids on December 4, 2015, it will now be done on December 28, 2015.
Authorization for the Attorney and Engineer to Prepare Requests for Bids for New Town Hall
Darla Brown, Town Attorney, needs a motion from Town Council authorizing her and Rick Coppock to start preparing the request for bids so they can be published according to statute.
Scott Oldham entertained a motion to authorize the Town Attorney and Town Engineer to prepare requests for bids for the new Town Hall. David Drake made a motion to authorize the Town Attorney and Town Engineer to prepare requests for bids for the new Town Hall. 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.
Heritage Trail Update – Mike Farmer advised they are about finished with the entrance and they have a flat rock fence they’ve repurposed from the former Stewart property. At a later date, he will recommend they do another fence at Campbell’s Park as it needs repair. Next week they hope to start on the last part of the trail which is putting in accessible ramps on the west end near the creek across from the old Town Hall. Then they can officially open it. When they start on the ramps, he will contact the Indiana Department of Transportation for them to make preparations to stripe the highway and put up the flashing warning signs ahead of the crossing on State Road 46. They’re close to being finished. Next spring, the trail should have grass growing and daffodils have been planted at the entrance.
Flood Abatement – Jim Davis, Town Manager, advised Mr. Coppock received a response from the Department of Natural Resources (“DNR”) on October 13, 2015, stating they’re working on modeling several areas of Jack’s Defeat Creek. Modeling is slow at times but the ensuing process is knowing they have started and it is good news.
Rick Coppock, Bynum and Fanyo, Town Engineers, explained the modeling process involves taking sections of the creek and putting in floodway flows so it can see what the model will produce and it should be close to what actually happens. They will look at different sections. The DNR will complete a model all the way through Town and then they’ll look at where improvements to the creek might be made such as widening or redoing a bridge to see how it affects the Town when there is a flood situation. Right now they need to get their base model done which is the existing model and then they will work on other models to see what affects they will have and make recommendations to the Town for someone to design those improvements. Then they will have a way to tell the Town if the flood elevations will drop and by how much. It is a long process.
Scott Oldham commented flood studies were done in the 1990s. Mr. Coppock added flood studies have always been done but there has never been a detailed study. There have been studies done on each end of Town but there has never been a detailed study through Town. Now, they’re putting all of those studies together and anything else that has been done since that time. Mr. Oldham noted they will now be able to establish a comprehensive plan as to the parts of it and the DNR will confirm what they think they know. Mr. Coppock agreed and the Town will have to provide more detailed plans to actually make those improvements and get a construction permit from the DNR.
Scott Thomas thanked Mr. Coppock for all of his work on this. A lot of people continue to ask and they can say it is a slow process but this is great news.
Possible Uses for the Old Town Hall
Jim Davis, Town Manager, explained he and Jeana Kapczinski met and tried to come up with ideas for the old Town Hall. An idea was a partnership with Main Street, Town of Ellettsville and the Ellettsville Museum.
Jeana Kapczinski, President of Ellettsville Main Street, thanked Mike Farmer and Town crews who have been working so hard on the Heritage Trail (“Trail”) all year. It is looking really great. Brenda Wampler and Chris Fisher have been at the Trail almost every day. Main Street’s Mission Statement is “Working together to revitalize our community while preserving our heritage.” Main Street thinks they have a new opportunity to revitalize downtown. Main Street would like to occupy a part of the old Town Hall to develop a limestone heritage center which would complement the Ellettsville museum. The old Town Hall is highly visible and close to the Trail which they hope will hook up with the Karst Trail and make downtown a destination. A synopsis of limestone history was presented. They’re hoping to use part of the old Town Hall to attract visitors and educate everybody about why they’re the builders of American history.
Claudetta Kelly, Secretary of the Ellettsville Park and Recreation Board (“Park Board”), Director at Ellettsville Main Street, and volunteer at the History Museum (“Museum”). Speaking for the Museum, one of their concerns, prior to the mold problem, is the Robinsons have very kindly let them have their space rent free. They are concerned the building is for sale and doubt new owners would let the Museum stay there for free. The Museum doesn’t have a way to make any money. It needs a permanent space where it can grow and teach people on the history of Ellettsville. The Park Board is concerned with revitalizing downtown. It seems to be a good fit for the three organizations to have a space they can share.
Sandra Hash, Clerk-Treasurer, would like to add the Monroe County Fall Festival to the list of names who could use storage space for their paperwork.
Contract with Vector Consulting, LLC about New Town Hall
Darla Brown, Town Attorney, explained this is a proposed contract between the Town and Vector Consulting (“Vector”). Vector proposes to provide full service mechanical and electrical engineering and design services for Town Hall. They will also coordinate the design with Bynum Fanyo and Associates (“Bynum Fanyo”). Their fees are $27,000.
Kevin Farris asked how they’re building Town Hall budget-wise. Mr. Davis replied they won’t know the answer until they receive bids. Ms. Brown added when the bids come in, Lisa Lee and Ryan Fetters will look at the bids in addition to people from Town to make sure they’re within what they can do.
Scott Oldham stated Vector is going to work with Bynum Fanyo to design the HVAC plant and structure it in such a manner for when it goes to bid. Ms. Brown said that is correct.
Scott Oldham entertained a motion to approve the contract with Vectren Consulting for the new Town Hall plans. David Drake made a motion to approve the contract with Vectren Consulting for the new Town Hall plans. 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.
Rental Agreement Between the Town of Ellettsville and Cowden Enterprises (“Cowden”) for the Premises Located at 3619 West State Road 46
Darla Brown, Town Attorney, explained this is a proposed lease agreement between Cowden and the Town for the premises being currently occupied by the Clerk-Treasurer and Utilities offices. It is a month-to-month agreement started October 1, 2015 and the rental payment is $1,250.
Scott Oldham entertained a motion to accept the Rental Agreement between the Town of Ellettsville and Cowden Enterprises for the premises located at 3619 West State Road 46. Dianna Bastin made a motion to accept the Rental Agreement between the Town of Ellettsville and Cowden Enterprises for the premises located at 3619 West State Road 46. 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.
Memorandum of Understanding with Ellettsville Main Street – Loan of Sculpture for Heritage Trail
Darla Brown, Town Attorney, explained Main Street purchased a limestone sculpture, “Puppy Love”, by artist, John Fisher of California, and they would like to lend it to the Town for placement on the Trail. Main Street will keep it insured and the loan is for an indefinite time period. Main Street is not going to charge the Town at any time, however, Main Street reserves the right to remove it from the Trail and place it elsewhere if it is deemed necessary.
Scott Oldham entertained a motion to approve the Memorandum of Understanding with Ellettsville Main Street for the Puppy Love sculpture. David Drake made a motion to approve the Memorandum of Understanding with Ellettsville Main Street for the Puppy Love sculpture. 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.
Speeding Traffic & Air Quality Complaint – Garry Warthan, 1004 Deer Run
Scott Oldham advised this agenda item has been removed at the request of the petitioner.
Street Department – Replacement of Part-Time Employee
Danny Stalcup, Street Commissioner, is requesting approval to hire Jay Erwin Humphrey for the temporary part-time position. He and Jim Davis interviewed Mr. Humphrey and he thinks he will make a good employee.
Scott Oldham entertained a motion that Jay Erwin Humphrey be hired as a part-time employee for the Street Department. David Drake made a motion that Jay Erwin Humphrey be hired as a part-time employee for the Street Department. 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.
Dianna Bastin walked on the trail prior to and after paving. It is a beautiful spot. It looks so nice. Two days later the leaves were down and it looked better. It looks like Ellettsville. Well done.
Jeff Farmer, Ellettsville Utilities, explained their permit has been renewed effective January 1, 2016. They will now have to meet phosphorus removal which is for every plant over 1,000,000 gallons/day and it will have to be done for the next five years. There are two ways to remove it: chemically and biologically. The state will probably require them to put forth a chemical removal application at the plant. Biological removal is more an internal operation and with their design he thinks they can make it happen. By doing it biologically, you don’t pay for chemicals and it is better for the environment. They will have to have a chemical site which is basically chemical feed pumps. They remove aluminum sulfate from the waste stream. They will probably want to change the way they aerate the mixed liquid tanks. They’re on mechanical routers and they’re expensive to run. Their current electric bill is approximately $10,000 a month. There is a possibility between the chemical reduction, chemicals and electric they use that they can pay for it in a five year period. There is a grant that goes along with all of this that will be available in the middle of next year. He has been talking to Wessler Engineering (“Wessler”) about how to incorporate all of this into an energy grant. He provided a proposal from Wessler for their review.
Scott Oldham asked why the state would mandate chemical rather than biological. Mr. Farmer answered because it is for certain. Biological removal is a science that has to be studied within the plant to work. He is excited about making the new improvements. The plant is almost 20 years old and it is still operating perfectly. This will be a change that will be good for the environment and also save money on electricity and chemicals in the future.
Privilege of the Floor
Tony Bowlen stated he stepped down as Town Marshal and as of yet it was not stated what will happen to him? He had requested to step down to Chief Deputy Marshal. Mr. Oldham answered, as he understands it, the Marshal planned to appoint him as the Chief Deputy and assumes that is still his plan at this point. It is a discussion for him and the Marshal.
Sandra Hash, Clerk-Treasurer, advised she will be bringing an amendment to the salary ordinance at the next meeting due to certification differences in that position. Mr. Oldham confirmed there will be no interruption of pay for anyone involved. Ms. Hash agreed.
Scott Oldham entertained a motion to adjourn. Dianna Bastin made a motion to adjourn. Scott Thomas seconded. Motion carried. Scott Oldham adjourned the meeting at 7:10 p.m.