December 28, 2015
The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, December 14, 2015, at the Fire Department Training and Conference Room. Scott Oldham called the meeting to order at 6:30 p.m. Dianna S. 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 S. Bastin, David Drake and Kevin Farris. Sandra Hash, Clerk-Treasurer, Darla Brown, Town Attorney, and Rick Coppock, Bynum Fanyo and Associates, Town Engineer, were also present.
Supervisors present were: Mike Cornman, Danny Stalcup, Jimmie Durnil, Jeff Farmer and Mike Farmer.
Approval of Minutes
Scott Oldham entertained a motion for approval of the minutes for the regular meeting on December 14, 2015. Dianna S. Bastin so moved. David Drake seconded. Motion carried.
Accounts Payable Vouchers
Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers. David Drake so moved. Dianna S. Bastin seconded. Motion carried.
Proclamation for Dave Hough
Dianna S. Bastin read the Proclamation as follows:
Town of Ellettsville, Monroe County, Indiana
To All Present Let It Be Known:
WHEREAS, the Town of Ellettsville wishes to recognize Dave Hough, a loyal employee of the Town who has dedicated forty-seven years of service to the Town.
WHEREAS, the Town acknowledges that Dave began his career with the Town on January 1, 1961, and worked until April 14, 1978, and returned to work for the Town on August 6, 1985 and worked until his retirement on December 1, 2015.
WHEREAS, the Town recognizes that Dave worked for the Ellettsville Street Department in his early years of service and upon his return for the Ellettsville Utilities Department held the titles of Water and Wastewater Superintendent as well as Heavy Equipment Operator.
WHEREAS, the Town recognizes our employees are our greatest asset as exemplified by Dave’s knowledge of our water system in identifying locations of water meters, valves, fire hydrants and water.
NOW, THEREFORE, in recognition of Dave Hough’s forty-seven years of service to the Town of Ellettsville, the Ellettsville Town Council does hereby proclaim the month of January 2016, as
DAVE HOUGH MONTH!
And urge all our citizens to THANK him for his many years of dedicated service to our community.
ADOPTED this 28th day of December in the year of our Lord, Two Thousand Fifteen.
Resolution 26-2015 Encumbrances
Sandra Hash, Clerk-Treasurer, explained this resolution is for purchases made in December that will not be paid until January. These purchases will be carried over and added to the appropriations for 2016.
Scott Oldham entertained a motion to adopt Resolution 26-2015. David Drake made a motion to adopt Resolution 26-2015. Scott Thomas seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes. Motion carried 5-0.
Ordinances on Second Reading
Ordinance 2015-15 Fixing of the Salaries for Budget Year 2016
Sandra Hash, Clerk-Treasurer, explained this ordinance was introduced at the last meeting and represents a two percent raise for all employees. Mr. Oldham noted this was discussed during the budget season and there is nothing new.
Scott Oldham entertained a motion to adopt Ordinance 2015-15. David Drake made a motion to adopt Ordinance 2015-15. Kevin Farris seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes. Motion carried 5-0.
Ordinance 2015-17 to Adopt Supplement 2015 S-10 to the Town of Ellettsville, Indiana, Code of Ordinances
Sandra Hash, Clerk-Treasurer, explained the ordinances passed by Town Council over the previous 12 months have been updated in the Town Code. This ordinance accepts the update from American Legal. Mr. Oldham commented this is to put the updates in the code book.
Scott Oldham entertained a motion to adopt Ordinance 2015-17 to Adopt Supplement 2015 S-10 to the Town of Ellettsville Code of Ordinances. Dianna S. Bastin made a motion to adopt Ordinance 2015-17 to Adopt Supplement 2015 S-10 to the Town of Ellettsville Code of Ordinances. David Drake seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes. Motion carried 5-0.
Ordinance 2015-18 to Fix the Amount of the Individual Surety Bond to be Posted by the Town Clerk-Treasurer and the Town Employees Who Are to be Covered by a Crime Insurance Policy
Darla Brown, Town Attorney, explained the legislature made changes to the statute with regard to which municipal employees have to either post a bond or be covered by a crime insurance policy. The Town Clerk-Treasurer’s bond is set by statute. She has to post a minimum bond of $30,000 for each $1,000,000 of receipts in her office for the last fiscal year prior to the purchase of the bond which would be 2014. The Clerk-Treasurer’s bond is set at $300,000. There are employees who are required to post a bond if they handle more than $5,000 a year or they could be covered by a crime insurance policy. The statute doesn’t say employees who handle less than $5,000 have to post a bond. The State Board of Accounts said it would not take audit exception if those employees who handle less than $5,000 a year are not covered by a bond or crime insurance policy. She drafted the ordinance with this in mind. The employees who handle $5,000 or more are to be covered by the crime insurance policy and the employees who handle less than $5,000 are not required to be covered. Mr. Oldham asked how much it would cost to add everyone who handles money. Ms. Hash answered in the past her Deputy Clerk has been bonded for $50,000 and the other Utilities employees have been covered under the crime policy for several years. The insurance company has verified the crime policy actually offers more coverage than the $50,000 bond for the Deputy Clerk. Mr. Oldham asked if the crime insurance policy covers all employees who handle money or does it add more cost to add employees. Ms. Hash replied it covers all employees who handle money. Ms. Brown will modify paragraph 4 and strike paragraph 7. Mr. Oldham asked if the employees should be listed by name. Ms. Brown answered no, the employees and their positions will not need listed.
Scott Oldham entertained a motion to adopt Ordinance 2015-18 as amended by deleting item 7 and amending item 4 to refer to all Town of Ellettsville employees and striking their names. David Drake made a motion to adopt Ordinance 2015-18 as amended by deleting item 7 and amending item 4 to refer to all Town of Ellettsville employees and striking their names. Scott Thomas seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes. Motion carried 5-0.
Property and Liability Insurance Renewal
Jim Davis, Town Manager, explained there is not a lot of difference between HCC and Travelers. Travelers’ deductible is $1,000 and HCC’s is $5,000. Earthquake deductible for Travelers is $50,000 and HCC’s is $250,000. The biggest difference is the cyber liability coverage which the Town has never had in the past. Prior to adding cyber liability HCC’s bid was $92,644. Travelers quote is $89,394 which includes cyber liability. When $2,973 for cyber liability is added to HCC’s quote the total is $95,617. That’s a difference of $6,233 between Traveler’s and HCC. The Town has had HCC insurance for the past four years. HCC will guarantee their rate for the next three years whether or not cyber insurance is included. If the Town purchases new equipment they will have to pay for the difference. The cyber insurance means if someone hacks into Ellettsville’s system and is able to download information for personnel records or account numbers for automatic deposits it provides insurance for this purpose.
Scott Oldham asked why HCC has $10,000 for medical payments and it is excluded for Travelers. Mr. Davis answered if they were sued because someone got hurt then HCC covers it and under Travelers the injured party would have to sue the Town to collect the medical payments. Ms. Hash commented in the past insurance would automatically pay the medical payments. Mr. Oldham asked Ms. Brown if the Town has an umbrella policy for liability. Ms. Brown replied she believes so. For every lawsuit that is filed there will be a deductible. Mr. Thomas has had experience with HCC and likes the fact it will authorize medical payments and not force people to sue the Town. Mr. Thomas asked if the Town has had good experience with HCC in the past. Mr. Davis answered he thinks so. Mr. Oldham commented it seems as if the Town receives more for its money with HCC. They have to have cyber coverage because they take in money through third party vendors. Ms. Brown noted the contracts with the vendors limit their liability. Attorneys who have been hired by HCC in the past have been very helpful. Ms. Hash advised the Town also carries a separate earthquake insurance policy that costs approximately $7,500 a year.
Scott Oldham entertained a motion to renew the agreement with HCC for property and liability insurance for $95,617. David Drake made a motion to renew the agreement with HCC for property and liability insurance for $95,617. Scott Thomas seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes. Motion carried 5-0.
Caldwell Tanks’ Request for Consent to Assignment with Utility Service Company
Darla Brown, Town Attorney, explained the Town entered into an agreement with Caldwell Tanks (“Caldwell”) in October 2010, for inspection and maintenance of the McNeely Road Tank. Caldwell is getting out of the business of maintaining tanks. Caldwell wants to assign the contract to Utility Service Co., Inc. (“USCI”). The Town pays an annual fee of $24,160 to Caldwell for maintenance of the tank. About the time the Town entered into the contract with Caldwell, they performed a comprehensive cleaning of the tank. Mike Farmer estimates this will last for about 10 years. The Town is paying $24,160 for Caldwell to come in and look for pits and chips in order to fix it. Caldwell wants to assign the contract to USCI and Mike Farmer has checked into USCI. Under the contract with Caldwell the Town doesn’t have to consent to the assignment. Caldwell could go ahead and assign it but there is a provision in the contract that would allow the Town, with 90 days’ notice to USCI, to get out of the contract. However, there will be a cancelation fee of $24,160 for 2016 or year seven of the contract.
Scott Oldham asked what happens if they say no. Ms. Brown replied as she understands the contract Caldwell could go ahead and assign it but the Town would have the right to get out of it with 90 days’ notice. Mr. Farris asked if they would not have to pay the fine. Ms. Brown thinks the Town would owe the cancelation fee. Mr. Oldham asked if Caldwell would not be in breach of the contract. Ms. Brown answered no, because there is a provision that allows for assignment of the contract. Mr. Oldham asked if USCI offers a comparable product and they’re reputable. Mr. Farmer replied they’re a leader in tank maintenance and upkeep. They provide all kinds of services for water infrastructure, tank maintenance and painting. They maintain about 6,000 tanks in the United States and globally they have 80,000 employees who work in 70 countries. They take care of Van Buren Water Corporation and they bought the Phoenix Tank contracts a long time ago. USCI has a local representative, Mark Hansen, who would be glad to come down and do a presentation. When they entered into the tank maintenance contract with Caldwell it was something they desired. He doesn’t know of anything negative about USCI. He would be okay with using USCI and continuing with the tank program. Ms. Brown advised the Town is due for a washout inspection in 2016.
Kevin Farris asked if USCI determines the schedule or does the Town. Mr. Farmer answered he does and they do tank washouts every three to four years. Mr. Farris asked when they have chips is that when they need the washout. Mr. Farmer answered yes and they do an inspection when they do a washout. Ms. Brown noted basic repairs and emergency services are covered by the $24,160 annual maintenance fee.
Scott Oldham entertained a motion to approve the Consent to Assignment from Caldwell to Utility Service Company for the tank maintenance. David Drake made a motion to approve the Consent to Assignment from Caldwell to Utility Service Company for the tank maintenance. Dianna S. Bastin seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna S. Bastin – yes; David Drake – yes and Kevin Farris - yes. Motion carried 5-0.
Dianna S. Bastin asked Ms. Hash to put the seal on the proclamation and frame it. Mr. Davis can deliver it to Dave Hough.
Scott Oldham thanked David Drake for his time and effort spent on the hours that go into this job most people never see. Dave definitely did it with a great degree of excellence they very much appreciate. Thank you for your time and service on this Council and good luck in the future.
Mike Farmer, Ellettsville Utilities, provided an update for Heritage Trail (“Trail”). They have finished the accessible platform at the west end of the Trail. The Trail is virtually done. There are a couple of lights to put up. They’re waiting for the Indiana Department of Transportation to put in their warning lights and striping. He predicts Main Street will want to have a grand opening in the spring. The guys did a really good job on it. Mr. Oldham asked if the Trail is safe for the public to use. Mr. Farmer answered yes, with the exception they do not have any crossing warning lights up. A couple of people have complained the concrete is slippery around the arch. When it is warm enough they add some new covering on it but will put signs up until then.
Scott Thomas thanked Mr. Farmer and his crew. He had several people come to him about the slipperiness around the arch. It was an unforeseen item. Within 24 hours they acted on it and did a temporary fix. People are using the Trail and he is receiving positives about the Trail.
Privilege of the Floor
Jim Davis, Town Manager, wants everyone to know that Ellettsville is trying to keep abreast of the weather events. Over the past few days, Town departments have been paying attention to the water. Someone is looking at it 24 hours a day especially with the rains over the last few days. He sent Town Council a notice that he has tried to reach Mr. Knipe with the Department of Natural Resources. Mr. Oldham advised they will continue to monitor the rain and if sandbags need to be made available Mr. Davis will make that determination.
Scott Oldham entertained a motion to adjourn. Dianna S. Bastin made a motion to adjourn. Scott Thomas seconded. Scott Oldham adjourned the meeting at 7:07 p.m.