September 24, 2012

 

 

 

 

The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, September 24, 2012, at the Fire Department Training and Conference Room.  Scott Oldham called the meeting to order at 7:00 p.m.  Dianna Bastin led the Pledge of Allegiance followed with a prayer by Phillip Smith. 

 

Roll Call:  Members present were Scott Oldham, President; Dan Swafford, Vice President; Dianna Bastin, David Drake and Phillip Smith.  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, Tony Bowlen, Connie Griffin, Mike Farmer and Jeff Farmer.

 

Pre-Adoption Public Hearing on the 2013 Budget

 

Sandra Hash summarized the budget as follows:

 

Summary of the 2013 budget

 

v      General Fund’s budget is $2,194,601 and that is $9,033 more than 2012.  The General Fund includes the Administration, Planning, Fire and Police Departments.  Richland Township will contribute $534,898 toward fire protection in Richland Township and Bloomington Hospital will contribute $51,909 for assisting with the ambulance at the fire station on Curry Pike.

v      County Option Income Tax is estimated at $567,758, which is $44,368 more than the town received this year.

v      Motor Vehicle Highway’s budget is $446,358, which is $2,577 more than 2012.  The Motor Vehicle Highway payments from the state will be $170,194, which is an increase of $18,182 from the 2012 rate.

v      Park and Recreation budget is $23,843 which is $11,590 more than 2012.

v      Local Roads and Streets and the Cumulative Funds equal $240,126 for a reduction of $6,650 from this year.

v      The debt service fund for Police and Fire equal $317,500.

v      The total budget for the civil portion of the Town for 2013 is $3,242,578.

v      The Maximum Levy Growth Quotient for 2013 is slightly less than 2012, 2.8%.

v      The Water Utility budget is $1,690,530, an increase of $164,050.

v      The Waste Water budget is $1,920,780, a decrease of $1,000.

v      The Storm water budget is $148,100, an increase of $250.

 

Approval of Minutes

 

Scott Oldham entertained a motion for the approval of the minutes for the regular meeting on September 10, 2012.  Dan Swafford so moved.  David Drake seconded.  Motion carried.

 

Accounts Payable Vouchers

 

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

 

Proclamation of Appreciation to the Monroe County Redevelopment Commission

 

Darla Brown, Town Attorney, read the Proclamation as follows:

 

Proclamation

Town of Ellettsville

Monroe County

Indiana

 

To all present let it be known:

 

WHEREAS, the Town of Ellettsville (“Town”) maintains a full-time fire department and provides fire protection services to both the Town as well as the surrounding Richland Township area and other fire departments in Monroe County, and

 

                WHEREAS, the Town is in need of two replacement fire trucks and equipment for its fleet of firefighting apparatus, and

 

                WHEREAS, at its August 18, 2012 meeting, the Monroe County Redevelopment Commission found that an adequate safety infrastructure in the area would serve as an

important economic development tool to encourage businesses and industries to locate in the Westside TIF District, and

 

                WHEREAS, both the Town and the Monroe County Redevelopment Commission believe that the purchase of said vehicles is necessary to ensure the quality of services being provided to the residents of Monroe County, including businesses and residences in the west side TIF District and the 46 Corridor Economic Development area, and

 

                WHEREAS, the Monroe County Redevelopment Commission has the discretion to distribute TIF funds in any manner it sees fit pursuant to the statutory guidelines, and

 

                WHEREAS, at its August 18, 2012 meeting, the Monroe County Redevelopment Commission voted to award the Town a generous TIF grant in order to share in the cost of purchasing the vehicles, and

 

                WHEREAS, due to the award of TIF funds to the Town by the Monroe County Redevelopment Commission, the Town is now able to purchase the vehicles and so will be better able to serve the residents of Monroe County, and

 

                WHEREAS, the Town Council of Ellettsville acknowledges and recognizes that the Town would not have been able to secure the purchase of the vehicles without assistance from the Monroe County Redevelopment Commission:

 

                We, the Town Council of Ellettsville, Indiana do hereby proclaim the Town’s profound appreciation and gratitude to the Monroe County Redevelopment Commission for its award of TIF funds to the Town.

 

                We, the Town Council of Ellettsville, do hereby further proclaim and express our thanks to the Monroe County Redevelopment Commission members for their service to the community.

 

                We, the Town Council of Ellettsville, further urge all of the citizens of the Town to recognize the Monroe County Redevelopment Commission’s generosity.

 

Ms. Brown thanked Jeff Cockerel for his efforts in helping to draft the agreement between the Town and the Redevelopment Commission.

 

David Drake commented they’re very fortunate to have received the great amount of money to purchase the fire trucks.  This is a county agency and the TIF  District covers a lot of territory so there are a lot of things they could have spent their money on.  They could’ve very easily decided somebody else needed the money worse than the Town.

 

Scott Oldham noted thanks should also go to the Fire Chief and his staff for putting it all together.

 

Ordinances on Second Reading

 

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

 

Darla Brown, Town Attorney, explained there were minor changes to the Ordinance as discussed at the last meeting.  Under Section 1(B), the proposed change states the signs can be “. . . collected by the Town Marshal or the Department of Planning’s Code Enforcement Officer” and each sign is a separate offense with a separate fine of $25.  A new Subsection (C) has been added to make it clear that either the Town Marshal’s office or the Department of Planning’s employees are “empowered to enforce this Section.”  Subsection (D) is a new section added to state that a “Notice of Violation will be mailed certified mail, return receipt, not to exceed two Notices, 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.”

 

David Drake made a motion to adopt Ordinance 2012-20.  Phillip Smith seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 5-0.

 

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

 

Darla Brown, Town Attorney, explained there are minor changes to the current ordinance. This ordinance says the current ordinance will be changed to read that “The Home Occupation may erect a 2’ x 2’ (4 square feet)” sign as opposed to a 2’ square foot sign which is what the ordinance states now.  There was a change to correct a typographical error in one section.  The new sentence makes it clear that all other uses not listed must petition to the Board of Zoning Appeals for special exception.

 

Phillip Smith made a motion to accept Ordinance 2012-21 to Amend Chapter 152 of the Town Code.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 5-0.

 

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

 

Darla Brown, Town Attorney, explained this ordinance as amended incorporates changes that were suggested by Town Council at the last meeting.  In particular with regard to the appeal portion, the Town Council thought it beneficial for not only the water company superintendent to handle the appeal but also the President and the presiding Town Council Vice President who get to make a decision as to whether or not service will be disconnected.  Service cancellation indicates, under Section (E), that a Town Water Company customer wishing to appeal shall file a written notice of intent to appeal to the Clerk-Treasurer within five (5) days of the adverse notice.  The appeal thereafter will 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 on the appeal.  There was a word left out of the previous ordinance in paragraph D and it should have said the customer is “. . . to request the hearing within the five (5) day period.” 

 

Scott Oldham had someone approach him and ask why the liaison wasn’t included in the Ordinance.  That might have been a good idea with them having more intimate knowledge.  Perhaps they could replace, or be in addition to, the Vice President or President. 

 

Dan Swafford thinks the Vice President was added so there would be an odd number and if the liaison is added then they’ll have four people, an even number.  Mr. Oldham does see the benefit with the liaison having more of an intimate knowledge then two people on the outside who don’t know the day to day workings.  The Vice President or President could be the liaison and it’s not unprecedented.  It does bring up the point that there is some expertise involved on a year to year basis that would be better served than having the two named parties. 

 

David Drake added there’s also the perception that the liaison might be more inclined to favor the utilities department than the vice president.  Mr. Swafford commented the liaison might be well aware of what’s going on before it comes to a hearing.  The supervisors would be acting with their liaison at the time.  Mr. Drake stated the liaison would be in the decision making chain of command to begin with and wouldn’t be perceived as being quite as neutral as the President or Vice President.

 

Dianna Bastin stated as liaison of Utilities she thinks she is neutral.  She respectfully disagrees she would lean more toward management.  It’s whatever the Council wants.  She thinks it should have been the liaison and the President because the liaison does have the knowledge and working relationship.  The supervisors go to their liaisons first so they have all of the background knowledge.  As Council members they do have the ability to separate.

 

Tom Mathiesen still wants to persuade the Town Council to repeal Subsection 53 because he doesn’t think it’s necessary and it’s not present in any other water emergencies he could find.  It’s certainly not in the Bloomington or Indianapolis ordinances which were sited as models for the Town’s ordinance.  He suggests a qualification in the amendment because he thinks the five day period is obscure.  For instance, suppose the decision to turn off the person’s water is made on a Thursday prior to a long weekend and it is mailed certified on that day.  Since the U.S. Post Office no longer guarantees next day delivery even for local mail, it’s conceivable that an attempt to deliver wouldn’t be made until a Saturday.  If the person who is to receive the mailing is not home then a certification receipt will be left which they will have to claim.  The post office closes at noon on Saturday and would be closed on Sunday and Monday.  This means  that the earliest time a person could actually receive the letter would be Tuesday, five days from the date of the letter.  This gives the person only a few hours to file a notice of appeal.  He is suggesting that they change the reference in §51.53(D) to either to read “request a hearing within five business days from the date of the written notice” which in the case he cited would mean that Friday and Tuesday would be two business days from the date of the notice giving them three more days to appeal.  Or, “within five days from receipt of the written notice” which means that if a person is out of town for a family emergency the five day period would begin once the letter is collected.  If the person collected the letter on Tuesday they would then have five days to file an appeal.  Five business days would be an improvement.  As it is now, the five days is unspecified.  Is it from the date of the letter, the date of receipt of business days?  He is requesting the whole section be repealed because he doesn’t think it’s necessary and there isn’t any model for it.  If that won’t be considered, he is asking they clarify the five day period using one of the models he has suggested.

 

Scott Oldham said there is a dispute between §51.53(D) and §51.53(E).  Ms. Brown noted under (D) it is the original proposed disconnection.  If the customer wants to dispute it they can contact the Town Water Superintendent and get their hearing.  In (E), if they get an adverse determination then they have to file a notice with the Town Clerk before it comes to the Town Council.

 

David Drake asked if it is necessary to specify business days or is it just implied.  Ms. Brown replied it wouldn’t hurt to make a motion to that effect so it’s clear they aren’t talking about weekends and holidays.  Mr. Swafford asked if it would be five business days.  Ms. Brown said that’s correct, five business days.  Mr. Drake said he would not want to change it to five business days from the receipt of the letter.

 

Darla Brown, Town Attorney, clarified that Sections (D) and (E) indicate getting a hearing on the original notice of disconnect and to appeal an adverse determination has to be requested within five business days. 

 

Scott Oldham entertained a motion to make the noted amendments to Ordinance 2012-23.  Phillip Smith made a motion to make the noted amendments to Ordinance 2012-23.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – no; David Drake – yes; and Phillip Smith – yes.  Motion carried 4-1.

 

Scott Oldham entertained a motion to adopt Ordinance 2012-23 as amended.  David Drake made a motion to adopt Ordinance 2012-23 as amended.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – no; David Drake – yes; and Phillip Smith – yes.  Motion carried 4-1.

 

Old Business

 

Master Lease Agreement with Oshkosh Capital for the Finance/Lease of the Fire Trucks

 

Darla Brown, Town Attorney, explained this is a proposed lease agreement and financing agreement between the Town of Ellettsville and Oshkosh Capital who does the financing for Pierce.  This agreement says that Oshkosh is willing to lease the Town the equipment.  Equipment is defined as not only the two vehicles but all pertinent equipment that goes with it until it is paid off.  The Town agrees to make rental payments and the payment schedule is attached thereto.  A down payment will be made which is the amount from the first payment from the Tax Increment Financing District (“TIF”) funds.  The next payment will be made in September of 2013, which is the second payment from the TIF funds.  Then two payments will be made annually thereafter in the amount of $40,107.20 until the vehicles are paid off on August 26, 2019.  The Town has to make arrangements to get the equipment.  There are no warranties by Oshkosh.  If the Town has a problem with the vehicles the Town agrees to make warranty claims against Pierce.  The Town agrees to insure the equipment and to have the proper public liability and property damage insurance.  The Town agrees to keep the equipment free of all liens.  If the Town fails to make the payments as set forth in the schedule then that is default and Oshkosh has various remedies including they can accelerate the payments and/or do a repossession.  The amount being financed is $640,440.19.  The total for the two performance bonds on each vehicle is $2,059.  By getting payment from Monroe County Redevelopment Commission which oversees the Westside TIF District, and by getting the discount, there is $237,413.72 the Town does not have to borrow.

 

Scott Oldham asked Fire Chief Jim Davis to talk about the equipment they’re getting on a six year lease.  Chief Davis replied some of it is personal protective equipment and some of it are fire hoses, nozzles, air masks and all the amenities that go with the fire truck.  Mr. Oldham said someone had asked why they’re leasing something that is going to be worn out by the time it is paid for.  Chief Davis said it’s a six year lease payment but it will still be serviceable. 

 

Darla Brown, Town Attorney, advised the only thing that is different is the Town is being asked to fill out form 8038G which is an information return for tax exempt governmental obligations.  The Internal Revenue Service wants to encourage people to lend money to municipalities then the interest the municipality pays is not income to the organization lending the money.  Because this is a lease agreement the IRS treats this as if it is a bond even thought it is not one as in the traditional sense.  This is the Internal Revenue Service’s way of tracking who’s getting the benefit of the tax exempt payments.

 

David Drake made a motion to approve the master lease agreement, including all attachments, with Oshkosh Capital for the finance and lease of the fire truck.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 5-0.

 

Dan Swafford thanked the Fire Chief, staff and everyone else involved in helping the Town to purchase equipment to better protect the community.

 

New Business

 

Agreement for Services Between the Metropolitan Planning Organization (“MPO”) and the Town of Ellettsville

 

Darla Brown explained this agreement has very little difference between the one the Town Council signed in 2010.  This is an agreement between the MPO of Monroe County and the Town of Ellettsville.  The MPO is contracting with the Town of Ellettsville to provide certain services to the MPO and that’s provided on Exhibit A.  The scope of the work is an ADA compliance plan, traffic volume counting and infrastructure management plan.  The specifics of each plan are set forth on Exhibit A.  It’s her understanding that the Planning Department is and will be taking care of the ADA compliance plans; the Street Department is and will be taking care of the traffic volume count and infrastructure management plan.  The only thing that changed from the last agreement is the cost.  It’s a little lower for each project.  Other than the amount being paid to the Town the agreement is exactly the same as the one in 2010.

 

Dan Swafford commented the MPO met last Friday and they did approve a new traffic light at the intersection of Matthews and S.R. 46 for 2014.  It should go up sometime in 2014.

 

David Drake made a motion to approve the agreement for services between the Metropolitan Planning Organization and the Town of Ellettsville.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 5-0.

 

Supervisor Comments

 

Mike Farmer, Ellettsville Utilities, requested to hire two people.  They have a opening for a regular, full time position in the billing office.  They are proposing to replace the position with a regular, part-time position.  With restructuring some of the duties, new software, skills and abilities of existing employees, they think they can staff the position with regular, part-time position.  They had some one from the field crew working in that position and they did not anticipate him applying for the job.  Ryan Snapp who is temporarily in that position has applied for the position and he is recommending he be hired.  

 

Dan Swafford asked if he has been looking into new software.  Mr. Farmer replied yes they have.  The Clerk-Treasurer’s office has been doing some test runs and has been getting some samples through email.

 

David Drake asked if the funds for the position were in the budget and if it’s a new position.  Mr. Farmer answered it’s a new position in the fact they’re replacing a regular full time position with a regular part-time person. 

 

Phillip Smith asked the Clerk-Treasurer if the position will have a different budget number.  Ms. Hash replied not in Utilities.  Mr. Oldham asked if this requires any action on the budget since it was a full time slot.  Ms. Hash answered no.  Mr. Swafford asked if the full time slot will remain.  Mr. Farmer replied they won’t propose to fill it currently and next year they will review it with their liaison and during budget discussions.  If they would ask for the full time position to remain then they would eliminate the regular part-time position.  Ms. Bastin asked if they’re going to see how it works for this year.  Mr. Farmer replied yes, he thinks it’s going to work fine.

 

Scott Oldham entertained a motion to hire Ryan Snapp for a regular part-time position with Ellettsville Utilities.  Dianna Bastin made a motion to hire Ryan Snapp for a regular part-time position with Ellettsville Utilities.  Phillip Smith seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 5-0.

 

Mike Farmer stated they also have temporary full time employees.  He is recommending they hire Mychal Doring to fill the position until the end of the year.  They always lay off these types of employees on December 31, 2012.  It’s a temporary 40 hour general labor position with no benefits. 

 

Scott Oldham entertained a motion to hire Mychal Doring for a temporary full time position for Ellettsville Utilities.  Dianna Bastin made a motion to hire Mychal Doring for a temporary full time position for Ellettsville Utilities.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 5-0.

 

Dan Swafford would like to be involved in the software selection.  Mr. Farmer stated they haven’t had any meetings.  Basically, the Clerk and Deputy Clerk have been scouting out the situation and have been eliminating some software companies.  They are in the preliminary stages and when they get into the meat of it he will definitely be involved.

 

Council Comments

 

Dan Swafford reminded everyone that Bulky Item Drop Off Day is Friday, October 26, 2012 and Friday, October 27, 2012.  They may contact the district at (812) 349-2020 or gogreendistrict.com to find out what they can and cannot take.

 

Dianna Bastin thanked every one of the Ellettsville employees, volunteers and reserves for their assistance with the Monroe County Fall Festival.  They did a good job and it was nice.  They could not do it without them. 

 

Privilege of the Floor

 

Darby McCarty, 808 W. Temperance Street, announced the Ellettsville Richland Township Community Council along with the Ellettsville Journal is sponsoring a debate for the District 40 candidates, Reid Dallas and Mark Stoops, and school board candidates.  This will be at the Edgewood Auditorium on October 2, 2012, at 7:00 p.m.

 

Sandra Hash congratulated Phillip Smith for being a Senior Honoree at the Senior Salute for the Area 10 Agency on Aging.

 

Dianna Bastin announced the Deputy Clerk, Amber Ragle Wright, has given birth to a very healthy baby girl, 6 pounds, 11 ounces.  Everyone is doing fine and they welcome a new resident to Ellettsville.

 

Adjournment

 

Dianna Bastin made a motion to adjourn.  Phillip Smith seconded.  Motion carried.  Dan Swafford adjourned the meeting at 7:47 p.m.