Roll Call: Members present were Dianna Bastin, President; David Drake, Vice-President; Scott Oldham, Phillip Smith and Dan Swafford. Sandra Hash, Clerk-Treasurer; Mike Spencer, Town Attorney and Rick Coppock, Town Engineer were present.
Approval of Minutes
Bastin entertained a motion for the approval of the minutes for the Regular Meeting
Accounts Payable Vouchers
Dianna Bastin entertained a motion to pay Accounts Payable Vouchers. David Drake so moved. Dan Swafford seconded. Motion carried.
Public Hearing for CDBG Disaster
Recovery – Grant Administrator, Lisa Abbott, Housing and Neighborhood
Development Director of
Lisa Abbott, Director of the Housing and
Neighborhood Development Department with the City of Bloomington and also a state certified CDBG Grant Administrator
has been working with Sandra Hash on applying to the state through the CDBG
(Community Development Block Grant) Disaster Relief Fund for additional funding
to cover expenses not covered by FEMA from the flood of 2008. Ms. Abbott is asking for the Council’s
approval to apply for $1,476.54 to aide in covering the cost for the asphalt
work done on
Resolution 15-09 Community Development Block Grant Disaster Program Disaster Recovery Appropriation 1
Drake made a motion we adopt Resolution 15-09.
Scott Oldham seconded. Roll call
vote: Dianna Bastin – yes; David Drake –
Ordinance on First
Ordinance 09-09 to amend various
Sections of Chapter 93 of the
Connie Griffin went over the additions to this ordinance:
researched “vault cleaning” and found it would be up to the property owner (and
not the Street Department). She spoke
with the Monroe County Health Department and the Indiana Department of Health
and found Indiana Code 4-10 IAC 6-8.1-8 would be a small addition to our
current code and state “Any home not connected to the Town of
Amendment to Sewage treatment Purchase Contract between the Town of Ellettsville and Northern Richland Sewer Corporation
Mike Spencer presented the contract he prepared and proposed to Northern. Northern received approval from the IURC for the tracking factor for both amounts (now and in January 2010). Mike Spencer is recommending the Council sign the contract and send it to Northern for their signature. Mike Spencer sent a copy to Mike Carmin. This contract does not address the postage issue.
Bastin entertained a motion we sign this.
Scott Oldham so moved. Phillip
Smith seconded. Roll call vote: Dianna Bastin – yes; David Drake – yes; Scott
Authority to dismiss Eastern Richland Sewer Corporation from the pending litigation
Mike Spencer explained there is pending litigation with Northern and the Town subsequently added Eastern because one of the allegations in the litigations was whether or not the rates should have been adjusted over the last ten years. Northern felt the rates should have been lowered and the Town countered that was not correct. The Town brought in Eastern, just in case, the rates are adjusted since there is a contract with both wholesale customers. Mr. Carmin sent Mike Spencer a list of witnesses, exhibits and contentions. Mr. Carmin indicated to Mike Spencer Northern is withdrawing that claim. What they are asking is the interest from the Reserve Account be returned from the Operations and Maintenance Account. They are not pursuing the issue of changing the rates and that is why Eastern was brought in. Since that issue is no longer on the board, there is no reason to keep Eastern in litigation. Scott asked if we are dismissing them with or without prejudice. Mike Spencer said we are dismissing them with prejudice. Mike Spencer alerted Eastern’s attorney, Mr. Ferguson, the issue of the interest rate was coming up and they are not interested in participating in that issue. Mike Spencer signed the postal rate contract with Eastern. Dan Swafford asked what part of the litigation is still pending. Mike Spencer stated Northern is claiming they have exclusive jurisdiction over certain territory and the Town is serving customers in their territory. Northern is also seeking money the Town has billed the people in their area and they are also seeking any lost revenues they failed to receive because these people would have been on their system including hook on fees. There are still a lot of issues not relating to Eastern. Mike Spencer is asking for the authority to file the motion to dismiss Eastern.
Bastin made the motion to dismiss Eastern Richland Sewer Corporation from
pending litigations. Scott Oldham
seconded. Roll Call vote: Dianna Bastin – yes; David Drake – yes; Scott
Mike Spencer announced the Town is set for trial on July 6th and 7th. Mike Spencer has been talking with his witnesses and anticipates this will go on.
Dianna Bastin entertained a motion we adjourn. David Drake made a motion we adjourn. Scott Oldham seconded. Motion carried. Dianna Bastin adjourned the meeting at