December 8, 1997



The Ellettsville, Indiana, Town Council met in regular session at 7:30 p.m., Monday,  December 8, 1997. Members present were Geraldine McIntyre, Vice President, Donald Ashley, Patrick Stoffers and Gina Hawkins. Geraldine McIntyre called the meeting to order.  Donald Ashley gave the prayer.




Gina Hawkins made the motion we pay the claims.  Donald Ashley seconded.  Motion passed 4-0.
















Gina Hawkins read Ordinance 97-15 by title only.  Donald Ashley made the motion

we accept Ordinance 97-15.  Patrick Stoffers seconded.  Motion passed 4-0.




The Clerk told the Council this was tabled at the last meeting due to lack of information.  Rick Coppock said the town would like to know what type of use they plan to put in there and how much water they are going to be using.

This was tabled.




Rick Coppock said actually we have 2.  One is in the amount of $2,330.83, this is the actual connection fee to hook water on to the Bean Blossom Patricksburg Water Corporation.  That was their charge to connect the water line and it shows on the back of the paper what the amount is.  Reynolds paid that amount to Richland Bean Blossom Water Corporation to connect to their system.  It is their standard fee based on how much line they have to put in to service those properties.  If someone else hooks on to that line in the future the town would receive somewhat of a rebate back from them, that is the way their process works.  The fee is based on how much it cost to put the line in to provide service to the customers in that area.  Whenever somebody hooks on they pay a percentage of that fee.  Geraldine said this is for $2,330.83.  Rick said yes.


Rick said the other one is for the treatment plant itself.  As part of the treatment plant process there is a large pole building structure which is a sludge storage pad which keeps the sludge under roof during some of its ------ watering cycle before we haul it off to be land applied.  The original design did not call for the ends of the building to be enclosed, it is exposed to the weather.  They decided back when they were doing the building to close the ends and the cost to enclose those was $3,480.  Rick said he doesn’t think R.W. Armstrong has a change order for that.  There was discussion on this.


Rick said change order number 8 under division A would be the $3480.00, then the $2,330.83 is shown as the access road of Division C.  Rick said with even taken those 2 out and including the REMC power cost there is still $479,000 left in contingency money.  Gina asked if that was the amount of money before all of this equipment?  Rick said right.


Geraldine said you are asking use for a change order for $5,810.83 for the 2 orders?  Rick said yes, for the 2 change orders.


Don Ashley said at this point change order #8 we don’t have a change order on it?  Rick said as far as he knows you don’t have the actual change order.  Don said shouldn’t we have an official change order before we approve it?  Rick said you probably should, he thought is was going to be here.


Gina Hawkins made the motion we approve change order 3C.  Patrick Stoffers seconded.

Motion passed 3-1, Don Ashley voted nay.  Don asked to see the change order and then asked to withdrawal his objection to that.  Vote is now 4-0.

Rick will tell Gary Miller to get the change order down here for the next meeting.




Rick said this is substantial completion certificate for Division A & C, the access road way and the interceptor sewer line.  As of November 7th those were substantial complete and are being used.  This is part of the SRF process, you have to sign the substantial completion and we will sending it up to IDEM.  Mike Spencer said he thinks there ought to be a motion authorizing Mike to sign it, the substantial completion. 


Geraldine asked do I hear a motion to sign this certificate of substantial completion?  Patrick Stoffers so moved.  Donald Ashley seconded.  Motion passed 4-0.




Geraldine read from the following from their fax.

The Citizens Action Coalition will be conducting a door to door political, educational, and fundraising drive in your community.  As in years past, our canvassing consists of petitioning, fundraising, and distributing of information concerning economic and social issues.  We will be contacting residents at their homes between 4 p.m. and 9 p.m.  They will begin December 5th and continue through March of 1998.  I would appreciate a written confirmation of your receipt of this letter for our records.  Your letter in response in not an endorsement of our efforts.  If you have any questions, feel free to contact me at our Indianapolis office. Kelly Willis.


Geraldine asked Mike Spencer what they do with this?  The Clerk told them that they have already notified the Police, Steve told her they do that every time they come in.

Geraldine said this is CAC is a statewide, not-for-profit lobby registered with the Secretary of State as a 501 © (4) organization.  Mike Spencer told the Council to go a head and come back to this.




Mike Spencer said he has a copy of the contract that was sent to him quite some time ago.  He has reviewed it and Rick has reviewed it and we find it to be satisfactory.  It simply is a formal way of terminating our existing contract with the City of Bloomington, they have requested that we do that. 


Geraldine asked if she has a motion to terminate this contract?  Donald Ashley so moved.  Motion passed 4-0.




Gina Hawkins said for the SRF claim the total request if for $318,309.

Request #55 Reynolds, Inc.                                   $166,144

Request #56 R.W. Armstrong                              $  13,418

Request #57 Bynum Fanyo                                  $    8,522

Request #58 Reynolds Construction Equipment $130,225

The total $318,309.00.

Donald Ashley wanted to look at the requests.


Gina Hawkins made the motion we approve the SRF claim.  Patrick Stoffers seconded.  Motion passed 4-0.




Geraldine said we have a letter here from Greg Blum, who is the engineer for Cook, Inc.

Requesting that we do one add on, and the add on is a logo for the name of Ellettsville to be put on the new water tank  The amount is $2,850.00.


Patrick Stoffers said I move we approve Change Order #1.  Geraldine McIntyre seconded.  Motion passed 3-1, Don voted nay.




Geraldine said we have a contract before us from Bynum Fanyo agreeing to be our Town Utilities Manger.  Patrick Stoffers said I suggest we table this until we have a couple answers to some concerns with----.  Geraldine said I have a motion to table this.  Donald Ashley seconded.  Motion passed 3-1, Gina vote nay.

Geraldine said the reason she voted yes to table this is she thinks we should have a full board here to make this decision. 




Geraldine said we received this letter from Reynolds, Inc.  Geraldine said Diana explained to her that we have a retainage account for Division A.  It is $60,744.10 and they are asking her to release $50,744.10 thus leaving the remaining balance of  $10,000, which they recommend that we do.


Rick said this is the interceptor to the new plant, all the items are complete.  We have had final walk through and we built a ---- list of items remaining to be done.  Those items have been completed.  The only outstanding item, and why we have the $10,000 left in retainage is there is some seeding to be done where they did the tie ins and took out the lift station on Maple Grove road, where they tied into the sewer line from Cook’s plant and where they tied in at the new plant.  They still have to do some grading and seeding.  Those are really the only thing left to be done with that portion of the work.  Gina said so the remaining balance covers.  Rick said more that covers what they need to do.


Geraldine said do I have a motion for Diana to release this money.  Patrick Stoffers so moved.  Gina Hawkins seconded.  Motion passed 4-0.




Mike Spencer said lets go back to the one issue on the -------------, it is not in violation of our -----, the Town Ordinance.  He has no problem with----.  Geraldine asked if they have to have a motion, or just send them a letter.  Mike Spencer said he didn’t think they have to have a motion, you need to respond or you don’t have to respond, they are just letting you know. 


Geraldine said we just need to write them a letter saying we received their letter.  Mike Spencer said received the letter.  Geraldine said that is all we need to do.






Jeff informed the Council that this Saturday the open house for the waste water treatment plant will be from 10 to 2.  He wanted to invite everybody out.  The ribbon cutting is going to be at noon.  Hopefully everybody on the Board can make it.  Anybody who you think needs to be invited that was involved at the start of this, he would hope you would invite those people, or call him with a list and he can call everybody.  They are going to start plant tours around 10 o’clock.  It has been advertised in the paper.




Jeff Farmer said they other thing he wanted to comment on was the contract we proposed for you tonight.  The time frame for this is fairly important.  He thinks they need some kind of directive from the Board, what is going to happen or what we need to do.


Gina said she thinks the feeling is there is a couple questions from some of the Board members contacted the accountants office and went through the numbers, that kind of thing.  She thinks the feeling is that we know it is a timely matter and since it did not go through this evening we will more than likely have a Special meeting by either the end of this week probably or the first of next week to get all of these questions answered and get this done.


Jeff Fanyo asked if there is someone they should be working with to resolve or answer these questions?  Geraldine said Mike and Pat have done all the work on it and there are some question they do need to have answered.  Pat said one off the top of his head is the tax exempt status with privatization with the excess of 5 years, is something that has to be looked at.


Jeff Fanyo said one of the things that is they don’t look at this as privatizing your sewer collection or your distribution system.  It is a management contract where you still have your employees and equipment and all we are doing is providing the management services.  He doesn’t know if that has an impact regarding with that issue, he doesn’t know anything about that issue.  Who ever you ask that question to, you might clarify what we are providing verses a true privatization contract that would be seen at like at Evansville or Indianapolis, where they put their own employees in and they actually own and operate--------.  He thinks this is something different.  You might make that clarification between what we are providing verses a true privatization type of contract.


Mike Spencer said he has sent the contract to Patty Zelmer.  Jeff Fanyo said she ought to see from the scope of what we are doing.  Jeff said what we tried to do in the contract is just take exactly the wastewater treatment contract and just added a scope of work for the water distribution and the sewer collection system so there wouldn’t be------change.  Hopefully it would go through just the same way as the wastewater treatment operation did.


Randy Cassady wanted to make one comment.  He understands you will probably call a special meeting and he won’t be able to be there.  He came on behalf of Monroe County Regional Sewer District, as president of it to state in the past year Bynum Fanyo Utilities has just completed a years service with them.  They just did their annual review a week ago and everything has been satisfactory.  They have done a good job.  We have had our disagreements as far as town and personal but from a municipal corporation president they have done an excellent job as far as maintaining our facilities, taking care of the equipment and making sure we are within complete compliance.  They just went through a State Board audit as you guys have.  It had problems before when they came on board they have been straightened out, sufficiently.  He is impressed on a municipal stand point.

On the privatization situation that was reviewed by their district in the same like manner about 4 years ago, because of a long term contract with another previous company had looked at and as far as from a management stand point it was found that there wasn’t a problem with state law------with previously.


Geraldine said she thinks a lot of it is the time, the years.  She thinks that could be agreed on sometime.


Jeff Fanyo said they will do some talking individually about the term of the contract and see if they can----something.


Geraldine said we will have another Special meeting on the Utility manager before the first of the year.


Mike Farmer asked did they say they will have another meeting about this before the first of the year?  Geraldine said we hope to, yes, probably next week.  Mike said there is a 22 day time frame there so can you be more specific?  Geraldine said not without the President, he is the one that is going to call the meeting.


Gina asked Mike Spencer how long does he thinks its going to take Patty Zelmer to look at that contract?  Mike Spencer said he faxed it up to her today.  Gina said a day or two or a week?  Mike Spencer said she is generally pretty prompt.


Geraldine said she thinks we would have the meeting the first of next week.

There was more discussion.




Gina Hawkins made the motion to adjourn.  Patrick Stoffers seconded.  Motion passed 4-0.