September 10, 2012

 

 

 

 

 

The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, September 10, 2012, at the Fire Department Training and Conference Room.  Scott Oldham called the meeting to order at 7:00 p.m.  David Drake led the Pledge of Allegiance followed with a prayer by Sandra Hash. 

 

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

 

Supervisors Present were:  Jim Davis, Jim Ragle, Jay Humphrey, Connie Griffin, Mike Farmer and Jeff Farmer.

 

Approval of Minutes

 

Scott Oldham entertained a motion for the approval of the minutes for the regular meeting on August 27, 2012.  David Drake so moved.  Dan Swafford seconded.  Motion carried.

 

Dan Swafford commented the minutes from August 13, 2012, need amended because they stated he adjourned the meeting but he was not present.

 

Accounts Payable Vouchers

 

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

 

Clerk – Treasurer’s Report

August 2012 Fund Balances

 

 

August

 MTD

MTD

August

 

Beginning Balance

 Revenue

Expenses

Ending Balance

 

 

 

 

 

General

$   461,521.04

$    90,936.88

$   148,082.32

$     404,375.60 

 

 

 

 

 

MVH

$   124,846.29

   $     18,907.06

$     26,923.44

$     116,829.91

 

 temporary loan

 $     50,000.00

 

 

 

 

 

 

 

Water O&M

$   182,185.53

 $   198,998.25

$    178,229.36

$     202,954.42

 

 

 

 

 

Waste Water O&M

$   248,323.72

$   180,817.58

$    148,239.57

$     280,901.73 

 

Old Business

 

Preliminary Agreement between Richland Township and the Town of Ellettsville to Proceed with the Purchase of a New Rescue Truck, a New Fire Engine and Equipment

 

Fire Chief Jim Davis previously provided a copy of a preliminary agreement to Town Council.  The reason for the preliminary agreement is if Town Council approves the bids at this meeting, then the money received from the Tax Increment Financing District (“TIF District”) will make the down payment and then the next payment will be on the one year anniversary.  The Township will make no payments between the 12 month period and the preliminary agreement will outline this in the 2014 budget. 

 

David Drake made a motion to approve the preliminary agreement between Richland Township and the Town of Ellettsville. Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes and David Drake – yes.  Motion carried 3-0.

 

Recommendation on Bids for Rescue Truck, Fire Engine and Equipment

 

Fire Chief Jim Davis explained at the last Town Council meeting they received bids to purchase a fire truck, rescue truck and equipment.  A little background . . . Approximately three months prior a truck committee was formed consisting of five full time firefighters headed by Mike Cornman and Kevin Patton.  They put together a set of specifications for the engine and rescue trucks.  An equipment list was developed.  The equipment will be used on the trucks and for other purposes.  Since the Town Council meeting on August 27, 2012, the truck committee reviewed the bids and equipment list and unanimously agreed that all bids conform to the specifications.  They are requesting the truck bids be awarded to Global Fire Equipment and Pierce Manufacturing who builds the trucks and the equipment.   

 

Darla Brown, Town Attorney, explained there were no problems with the bids.  At the last Town Council meeting, they voted to give Chief Jim Davis and Mike Cornman the authority to review the bids and accept the bids on behalf of the Town Council.  So, there is no need to vote on that.  The Town Council needs to vote on the two Pierce contracts at this meeting.  One contract is for the Saber Pumper and the other one is for the Freightliner Encore Rescue vehicle. 

 

Scott Oldham asked if the pumper will look exactly like the other truck.  Chief Davis replied the fire engine will look exactly like the other fire engines.  The rescue truck will have a different body design because it’s a freightliner chassis.  He asked Ms. Brown if any further action was needed by the Town Council.  Ms. Brown explained they will need to approve the two Pierce contracts for the purchase of the two fire trucks.

 

Scott Oldham entertained a motion to approve the contract between the Town of Ellettsville and Pierce Fire Equipment for the purchase of a Pierce Saber Pumper for the Fire Department.  David Drake made a motion to approve the contract between the Town of Ellettsville and Pierce Fire Equipment for the purchase of a Pierce Saber Pumper for the Fire Department.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes and David Drake – yes.  Motion carried 3-0.

 

Scott Oldham entertained a motion to approve the contract with Pierce Fire Equipment for the purchase of a Pierce Freightliner Encore Rescue Truck for the Fire Department.   David Drake made a motion to approve the contract with Pierce Fire Equipment for the purchase of a Pierce Freightliner Encore Rescue Truck for the Fire Department.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes and David Drake – yes.  Motion carried 3-0.

 

Gary Davis, Global, explained they went to a supplier for equipment and put it in their bid with the understanding the company would work directly with the Fire Department.

Ms. Brown asked the amount of the bid for the equipment.  Chief Davis replied it’s $120,985.91.  Mr. Davis said the company he received the pricing from, Municipal Emergency Services, is located in Indianapolis.  Mr. Swafford asked Ms. Brown if they’re in the bid with Global do they deal with them if something goes wrong.  Ms. Brown said that’s correct.  Mr. Davis said he deals with Municipal Emergency Services on a daily basis.  This was a way to save the Town money.  Ms. Brown asked if the contracts Pierce provided do not include the equipment.  Mr. Davis replied they do not.  Ms. Brown advised they will need to approve the bid for $120,985.91 for equipment from Municipal Emergency Services.  Mr. Swafford asked if she has had time to review everything.  Ms. Brown responded she hasn’t reviewed the bids.  Chief Davis and Mike Cornman reviewed the bids and she reviewed the contracts.

 

David Drake asked if there will be a separate contract from the other company for the equipment to sign.  Mr. Davis responded no, they will receive an invoice.  Mr. Drake asked if they approved the bids then did they not also approve the purchase of the equipment.  Chief Davis explained the only reason he brought it up was because there was another bidder, Mid America.  It was on the equipment but not with this company.  Ms. Brown explained Municipal Emergency Services is something that Global shopped around for the Town and was not one of the original bidders.  The Town Council does need to approve the bid.  Mr. Oldham asked if they were part of their original component which met our standards.  Chief Davis replied yes.  Mr. Oldham confirmed they’re not outside the bid process.  Chief Davis answered that’s correct.

 

David Drake made a motion to approve the purchase of the fire equipment from Municipal Emergency Services for $120,985.91.  Dan Swafford seconded.   Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes and David Drake – yes.  Motion carried 3-0.

 

Resolutions

 

Resolution 13-2012 concerning Loans for the Rescue Truck, Fire Engine and Equipment

 

Darla Brown, Town Attorney, explained in the Pierce Contracts, paragraph 6, if the Town makes a 100% prepayment with the contract, the Town gets a discount for each contract, or each vehicle.  Likewise, in paragraph 8, the contract stipulates until the Town pays for the vehicles in full Global maintains possession of the vehicle.  In order to close the deal and get the discount, the Town is working on, and is likely to get, financing through Oshkosh Capital.  They’re the company that does all of Pierce’s financing.  In order to get that financing this Resolution essentially says the Town Council intends to sign a lease agreement with Oshkosh Capital.  In other words, Oshkosh now steps into the shoes of Pierce instead of them owning the vehicles until they’re paid off.  Oshkosh is going to lease them to the Town as well as financing the vehicles.  Then, when they’re paid off the Town gets the vehicles.  She reiterated the purpose of this resolution is for the Town Council to express its intent to sign the master lease purchase agreements when they’re completed by Oshkosh Capital. The loan rate is 2.88% and the amount to be financed is $640,440.19.  The Town will make two semi-annual payments over six years for a total of 12 payments.  Oshkosh needs this resolution before they can put together the master lease agreement. 

 

Dan Swafford asked how many years the lease will be for.  Chief Davis replied the first year is a limbo year and the Town is not doing anything because the TIF District is taking care of it.  They start payments in 2014 and it is for six years.   Mr. Oldham asked if the six year agreement is split between the Town and Township.  Chief Davis answered yes and the contract will be renewed every year.  Mr. Swafford asked if at some point could the Township back out of the agreement.  Chief Davis replied no.  Ms. Brown added the Township is in the agreement because the Town provides fire protection services. 

 

Scott Oldham entertained a motion to adopt Resolution 13-2012 for the loan for the rescue truck, fire engine and equipment.  Dan Swafford made a motion to adopt Resolution 13-2012 for the loan for the rescue truck, fire engine and equipment.  David Drake seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes and David Drake – yes.  Motion carried 3-0.

 

Chief Jim Davis advised it will take six to eight months to get the trucks and equipment. 

 

Resolution 14-2012 to Dispose of Surplus Property for the Fire Department (2000 Ford Crown Victoria)

 

Fire Chief Jim Davis explained the Fire Department purchased a new squad vehicle and Mike Cornman is using the used squad vehicle.  They want to get rid of Mike Cornman’s old vehicle and have it declared surplus.  They are requesting permission to advertise it on Ebay.

 

David Drake made a motion to adopt Resolution 14-2012.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes and David Drake – yes.  Motion carried 3-0.

 

Dan Swafford asked what the Ebay user name is in case someone present wants to bid on it.  Kevin Patton replied it is “Ellettsville Fire”.

 

Ordinances on First Reading

 

Ordinance 2012-20 to Amend Chapter 92 of the Ellettsville Town Code Regarding Street and Sidewalks

 

Darla Brown, Town Attorney, explained this proposed ordinance is to amend Chapter 92 of the Ellettsville Town Code regarding streets and sidewalks.  There are some minor proposed changes.

 

The proposed new language in the last sentence of Section 1 is as follows, “Each sign collected by the Town Marshal or the Department of Planning’s Code Enforcement Officer represents a separate offense and a separate fine of $25.00 shall be assessed per sign.”

 

Under Section 2, Subsection C has been added and states as follows:  “The Town Marshal’s Office and the Department of Planning are hereby empowered to enforce this Section.”

 

Under Section 3, Subsection D has been added and indicates that the notice of violation will be mailed certified mail to the address advertised on the sign:  Fine payments shall be made to the Town Clerk-Treasurer.  All fines that remain unpaid by the listed fine due date shall be turned over to the Town Attorney for collection.”

 

Ordinance 2012-21 to Amend Chapter 152 of the Ellettsville Town Code Regarding Home Occupations

 

Darla Brown, Town Attorney, explained there are a couple of minor changes to this Ordinance.  Under Section 1, the old section read “The home occupation may erect a 2’ square name plate sign.”  This has been changed to “. . . a 2’ x 2’ or 4 square foot name plate sign.”  The other minor change is to correct a typographical error under Section 2.  The current sentence reads “All other uses which fit the home occupational regulations must petition the BZA.”  It should read “All other uses not listed must petition to the BZA for special exception.”

 

Dan Swafford asked if the ordinance is on the website.  Ms. Brown replied all three ordinances should be on the website.  This ordinance also went before the Plan Commission.

 

Ordinance 2012-23 to Amend Ordinance 2012-19 Regarding Water Usage During Emergencies

 

Darla Brown, Town Attorney, explained this proposed ordinance amends the previous ordinance with regard to water usage during emergencies.  She’s incorporated the Town Council’s suggestions from the prior meeting into the amended ordinance.  One of the suggestions under §51.53 was to make a change to indicate the customer would receive notice of the intent to disconnect by certified mail as opposed to regular mail.  Under §51.53 there were significant changes.  It has been changed to read “The customer gets a hearing before the superintendent and the presiding Town Council President, both of whom shall have the authority to make a final determination on whether the customer’s water service will be discontinued.  If a customer wants to dispute the proposed service disconnection they must contact the Town water company superintendent to request a hearing within the five day period before the service is disconnected.  A decision of the superintendent and Town Council President to actually disconnect the service shall be provided in writing to the customer at the conclusion of the hearing or as soon as reasonably possible.”  It has been pointed out there is a word missing.  In the phrase, “hearing within the five day period,” the word “day” is missing. 

 

The new section is §51.53(E) which discusses the appeal procedure the Town Council proposed at the last meeting.  In summary, if the Town water company customer wants to appeal that adverse determination by the superintendent and the Town Council President to disconnect the water service they can appeal that adverse determination at Town Council.  The customer must file a written notice of intent to appeal to the Town Clerk within five days of the date on the notice issued by the water superintendent.  The appeal will thereafter be heard by the Town Council at its next meeting.  The customer’s water service will not be disconnected until after the Town Council has heard the appeal and made its decision.

 

Scott Oldham asked under §2(D), what happens if they vote opposite ways.  Wouldn’t it save time and trouble if included the Council’s sitting Vice President so there is not ever a tie?  Ms. Brown replied it would be fine with her.  The other Council members concurred.  Those changes will be made for the next meeting.

 

Dan Swafford asked Mike Farmer if he knew the status of the current water situation.  Mr. Farmer replied they City of Bloomington Utilities is still asking for water restrictions.  They are going to review it weekly.  At the end of this week they’ll review it again.  There’s suppose to be rain on Friday and Saturday.  The good thing about the ban is we’re getting enough rain and people are getting their lawns irrigated.  He’s had a couple of request for waivers.  He’ll process them and forward them on to Town Council. 

 

New Business

 

Agreement between the Town of Ellettsville, Monroe County and the City of Bloomington Concerning Animal Control

 

Darla Brown, Town Attorney, explained this is the same agreement as last year except for the amount.  Last year, the amount for the Town’s share was $18,113.  This year the Town’s share is $19,741.53. 

 

Sandra Hash advised she had verified the addresses on the list for animal control.  There were a few discrepancies but it wasn’t enough to change the percentage.  Mr. Oldham asked if they’re verifying the addresses of people who drop off animals.  Ms. Hash replied they take addresses on everything.  One address she questioned was for possums because there were several for one person.  This was $1,700 because they charge per animal.  The contract is for 2013.

 

David Drake made a motion to approve the Interlocal Agreement between the Town of Ellettsville and the Animal Shelter.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes and David Drake – yes.  Motion carried 3-0.

 

Council Comments

 

Dan Swafford reminded everyone that the Monroe County Fall Festival starts this week.  Everyone is welcome to come.

 

Sandra Hash announced the Monroe County Fall Festival parade starts at noon on Saturday, September 15, 2012.  The festival starts at 5:45 on Thursday and the queen contest is held the same day.  A pie baking contest and auction has been added this year.  In addition, there will be a few rides and a train.  Blair Carman is returning. 

 

Scott Oldham reminded everyone Park Street will be closed from 1:00 p.m. on Thursday, September 13, 2012, to 6:00 a.m. on Sunday, September 16, 2012.

 

Dan Swafford asked if volunteers were needed.  Ms. Hash replied anyone interested in volunteering can contact her at the Clerk-Treasurer’s office.

 

Adjournment

 

David Drake made a motion to adjourn.  Dan Swafford seconded.  Motion carried.  Dan Swafford adjourned the meeting at 7:34 p.m.