September 14, 2015
The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, September 14, 2015, at the Fire Department Training and Conference Room. Scott Oldham called the meeting to order at 6:30 p.m. Dianna 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 Bastin and David Drake. Kevin Farris was absent. Sandra Hash, Clerk-Treasurer; Jim Davis, Town Manager; Darla Brown, Town Attorney, and Rick Coppock, Bynum Fanyo and Associates, Town Engineer, were also present.
Supervisors present were: Mike Cornman, Tony Bowlen, Kevin Tolloty, and Jeff Farmer. Kip Headdy represented the Street Department.
Approval of Minutes
Scott Oldham entertained a motion for approval of the minutes for the regular meeting on August 24, 2015. David Drake so moved. Scott Thomas seconded. Motion carried.
Accounts Payable Vouchers
Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers. Dianna Bastin so moved. David Drake seconded. Motion carried.
Appointment to the Board of Zoning Appeals (“BZA”)
Kevin Tolloty, Planning Director, explained there is an upcoming case for the BZA. The BZA consists of five members and until two weeks ago it only had two members. The Plan Commission added a member at its last meeting which gets the BZA to a quorum. There are two openings on the board. Todd Lare volunteered. He is requesting the Town Council appoint Mr. Lare to the BZA.
Scott Oldham entertained a motion to appoint Todd Lare to the Board of Zoning Appeals. Scott Thomas made a motion to appoint Todd Lare to the Board of Zoning Appeals. David Drake seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes and David Drake - yes. Motion carried 4-0.
Kevin Tolloty announced one seat remains open on the BZA. If anyone has any recommendations, please contact the Planning Department.
Resolution 14-2015 to Authorize Brian Scott Oldham to Execute Quit Claim Deed on Behalf of the Town of Ellettsville
Darla Brown, Town Attorney, explained when the Town purchased the Maple Grove Road property in May there was a survey done by Bynum Fanyo and Associates (“Bynum Fanyo”) who discovered the legal description was a little off. Bynum Fanyo has prepared a new legal description. The purpose of this resolution is for the Town Council to authorize the Town Council President to execute a quit claim deed by which the Town essentially deeds the property back to itself in order to correct the legal description.
Scott Oldham entertained a motion to adopt Resolution 14-2015. David Drake made a motion to adopt Resolution 14-2015. Dianna Bastin seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes and David Drake - yes. Motion carried 4-0.
Resolution 16-2015 Determining Need for New Town Hall, Preliminarily Approving a Lease with the Ellettsville Building Corporation and Approving Preliminary Plans and Specifications
Darla Brown, Town Attorney, explained 82 taxpayers have signed a petition asking the Town Council to consider building a new Town Hall and fund it through the lease arrangement with the Ellettsville Building Corporation. By approving this resolution the Town Council will preliminarily approve the lease, plans and specifications. John Seeber with H.J. Umbaugh and Associates is present to explain how the lease arrangement will work. After this she is requesting Jim Davis present more about the plans and specifications for the building. Then the Town Council may then consider the resolution.
John Seeber, H.J. Umbaugh and Associates, explained a lease is required because of constitutional debt limits. The Town will be using the Building Corporation that is already in place for this purpose. The Town will be leasing the building, once it is constructed, from the Building Corporation. The total project cost cannot exceed $2,000,000. The repayment of the lease will be through a combination of rent from a sublease that the Town will charge the Utilities as well as, to the extent necessary, property taxes. Ice Miller, Bond Counsel, has worked with Ms. Brown and they have a timetable. By approving this, it will keep the Town on a timetable which will allow the Town to sell the bonds and authorize construction by the end of the year. Will the public hearing be set? Ms. Brown answered the public hearing will be at the next Town Council meeting on September 28, 2015, at 6:30 p.m. At that meeting the Town Council will consider the final approval of the lease, plans and specifications. The Ellettsville Building Corporation will meet immediately after to approve the lease agreement.
Jim Davis, Town Manager, presented the plans for the building. The building will consist of approximately 8,000 square feet and will be located by the Police Department. It will have a Town Council meeting room and the configuration may change slightly. There are almost 90 parking spaces. Copies of the plans will be available in the Town Manager and Clerk-Treasurer’s offices.
Dianna Bastin asked if they’re not going to separate the Utilities and Clerk-Treasurer’s office space for offices. Mr. Davis replied it will be on the drawing. Ms. Bastin asked if there will be a separate office for the Clerk-Treasurer and Utilities office manager. Mr. Davis answered yes. The breakroom will be reinforced concrete for a storm or emergency shelter.
Scott Oldham entertained a motion to adopt Resolution 16-2015. David Drake made a motion to adopt Resolution 16-2015. Scott Thomas seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – no; and David Drake - yes. Motion carried 3-1.
Heritage Trail Update – Jim Davis, Town Manager, explained the concrete has been placed around the stone pillars. Mr. Thomas asked for the estimated completion date. Mr. Davis has not received any information as to the estimated completion date. Mr. Oldham noted they were wanting to have it ready for people to walk on it by the Monroe County Fall Festival.
Flood Abatement – Scott Oldham advised they’re still waiting on the Department of Natural Resources which was promised almost two months ago. Mr. Thomas asked if they could make some telephone calls. He thinks waiting on them for two months shows they may wait two years. He thinks this is an important issue to a lot of people. If they can come back to the next meeting with some kind of answer, he would like to be able to give some kind of feed back to the citizens.
Street Department – Replacement of Part-Time Employee
Kip Headdy, Street Department, is requesting to hire Desmin Moriarty for the part-time position which runs to about Thanksgiving. They still have brush and leaves to pick up and work on the trail. Mr. Oldham asked how many hours per week. Mr. Headdy answered 32 hours a week.
Scott Oldham entertained a motion Desmin Moriarity be hired as a part-time employee for the Street Department. David Drake made a motion Desmin Moriarity be hired as a part-time employee for the Street Department. Scott Thomas seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes and David Drake - yes. Motion carried 4-0.
Supplemental Fire Service Agreement for 2016 Between the Town and Richland Township
Fire Chief Mike Cornman advised this is the proposed agreement for the 2016 Supplemental Fire Service Agreement for Richland Township. It also includes the wording for the payback of the tanker so they get credit for it. Richland Township is purchasing the tanker. Marty Stephens, Township Trustee, told him their board is online with this agreement as well and they plan to approve it at their October 7, 2015, meeting.
Scott Oldham entertained a motion to approve the Supplemental Fire Service Agreement for 2016 between the Town and Richland Township. Diana Bastin made a motion to approve the Supplemental Fire Service Agreement for 2016 between the Town and Richland Township. David Drake seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes and David Drake - yes. Motion carried 4-0.
Addendum to the Lease Agreement Between the Planning Department and Richland Township
Darla Brown, Town Attorney, explained this is a proposed contract between the Town and Richland Township for the Planning Department rent at 106 S. Park Street. In the previous agreement the Town agreed to pay monthly payments of $100. The new proposed agreement reduces the rent to $1 per year payable on or before January 15th of each year. The Town agrees to indemnify, defend and hold harmless the Township for any claim arising out of the Town’s use of the property. Otherwise, the provisions in the previous agreement remain the same.
Scott Oldham entertained a motion to approve the Lease Agreement between the Planning Department and Richland Township. David Drake made a motion to approve the Lease Agreement between the Planning Department and Richland Township. Dianna Bastin seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes and David Drake - yes. Motion carried 4-0.
Air Quality Report for Eagles Landing
Scott Thomas asked that this be put on the agenda to give the owner of Eagles Landing the opportunity to speak about the inspection and subsequent report.
Beth Robinson has had several inspections at the property. The first inspection done by the Town, for which she was not notified, turned out fine. They have had other inspections with the health department due to tenant requests and all of those turned out find. They had an independent inspector come in and do air quality tests and they turned out fine. The air quality within Eagles Landing is better than the air quality outside. She is really disappointed in the Town. They discovered a problem, didn’t notify her, secured a lease before notifying her and after the Monroe County Health Department said it was fine. The Town left like a thief in the middle of the night and she is really disappointed. She knows the Town Council members were put in a position at the last meeting where they had to vote for it because of the health concerns of the employees. Any good employer is going to be concerned about the health of their employees. The Town had already left, the employees had already made their decision and the Town Board had to go along with it. It would be nice to see the Town Board actually be in charge of the Town again.
Scott Thomas knows there were concerns raised, accusations made and potential harm could come out of it toward Eagles Landing. Since they put in the effort and paid the money to have the inspections, he thought it was best to clear the air and give them equal time to provide an update. He thanked them for coming and doing this.
Scott Oldham received a request from the Park Department that they have a logo they want to introduce. The Council members have been shown the logo but it is not available to show at this meeting. It will be put on the Town website. Ms. Brown advised the Park Board has the authority to approve the logo. Mr. Oldham explained the logo is two trees and a bench and says “Ellettsville Parks”.
Fire Chief Mike Cornman emailed Town Council a copy of a request for signatories on a grant the Ellettsville Fire Department, Inc. had received. They have purchased the equipment and it has been installed. The state has requested additional information and signatories for the grant. They require two people to be authorized for electronic signatures to finish out the grant so they can be reimbursed. They are requesting two people be appointed to be signatories for the grant process.
Darla Brown, Town Attorney, thinks the Town Council needs to decide who the two signatories are going to be. It is her understanding it has to be two elected officials.
David Drake made a motion that Sandra Hash, Clerk-Treasurer, and Scott Oldham, President of Town Council, be the signatories. Scott Thomas seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes and David Drake - yes. Motion carried 4-0.
Fire Chief Mike Cornman will notify Lt. Chris Clouse because he is the person who put the grant together and has a majority of the information. He will submit their names, telephone number and email addresses so they can be contacted by the state.
Scott Oldham entertained a motion to adjourn. Dianna Bastin made a motion to adjourn. Scott Thomas seconded. Motion carried. Scott Oldham adjourned the meeting at 6:55 p.m.