The
Ellettsville, Indiana,
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
Dianna
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
Resolutions
Resolution 15-09 Community Development
Block Grant Disaster Program Disaster Recovery Appropriation 1
The
Town of
David
Drake made a motion we adopt Resolution 15-09.
Scott Oldham seconded. Roll call
vote: Dianna Bastin – yes; David Drake –
yes; Scott
Ordinance on First
Ordinance 09-09 to amend various
Sections of Chapter 93 of the
Connie Griffin went over the additions to this ordinance:
Connie
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
Old Business
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.
Dianna
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.
Dianna
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.
Adjournment
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