September 24, 2012
The Ellettsville, Indiana,
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.
Pre-Adoption Public Hearing on the 2013 Budget
Sandra Hash summarized the budget as follows:
Summary of the 2013 budget
budget is $2,194,601 and that is $9,033 more than 2012. The General Fund includes the Administration,
Planning, Fire and
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.
of Appreciation to the
Darla Brown, Town Attorney, read the Proclamation as follows:
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.
2012-20 to Amend Chapter 92 of the
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.
2012-21 to Amend Chapter 152 of the
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
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.
Town Attorney, explained this is a
proposed lease agreement and financing agreement between the Town of
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.
for Services Between the Metropolitan Planning Organization (“MPO”) and the
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
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
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.
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.
Dianna Bastin made a motion to adjourn. Phillip Smith seconded. Motion carried. Dan Swafford adjourned the meeting at 7:47 p.m.