November 9, 2009
The
Ellettsville, Indiana, Town
Council met for a
Regular Meeting on Monday, November 9, 2009, at the Fire Department Training
and Conference Room. Dianna Bastin called
the meeting to order at 7:30 p.m. with the Pledge of Allegiance. Phillip
Smith led in prayer.
Roll Call: Members
present were Dianna Bastin, President; David Drake, Vice-President; Scott Oldham, Phillip Smith and Dan Swafford. Sandra Hash, Clerk-Treasurer and Darla Brown, Town Attorney were also present.
Supervisors Present: Jim Davis, Jim
Ragle, Tony Bowlen, Jeff Farmer, Rick Coppock, and Connie Griffin were present.
Proclamation for the Edgewood Marching
Mustangs
The
Ellettsville Town Council congratulated a successful and prestigious season and
proclaimed the month of November “Edgewood Marching Mustangs High School Band
Month”. The band, directed by Aaron
Wells, finished seconded in Division C at the 2009 ISSMA State Finals.
Approval of Minutes
Dianna
Bastin entertained a motion for the approval of the minutes for the Regular Meeting
and Executive Session October 26, 2009. David Drake so moved. Dan
Swafford seconded. Motion carried.
Accounts Payable Vouchers
Dianna
Bastin entertained a motion for action to pay Accounts Payable Vouchers. Phillip Smith so moved. Scott Oldham seconded. Motion carried.
Meeting Schedule for 2010
Dan Swafford asked if there was a reason for changing the starting
time for the Plan Commission meetings to 6:00 p.m. rather than keeping it at 7:00 p.m. as in years past. Sandra explained it was discussed by the Plan
Commission last year and so far this year no one has mentioned wanting to
change it back. Dan Swafford and Phillip Smith both felt like this was too early
to start. Dianna asked Connie to poll
the Plan Commission members at their next meeting. The meeting schedule for 2010 was tabled
until November 23, 2009.
Old Business
Agreement between the Town of Ellettsville and
Komputrol Software Upgrade
Jeff Farmer, Ellettsville Utilities wanted to clarify questions
raised at the last council meeting regarding the direct debit and online bill
pay. Sandra and Becky Wines, utilities
office manager, researched the questions and put together a memo regarding the
options available. Online bill pay is
not available through the Komputrol program; the $1250 is for the direct debit
program only and that amount has not changed.
In order to get the online bill pay option, a new software system would
have to be purchased and would cost $40,000 - $60,000. Dan Swafford wanted to clarify the question
about the withdrawal date for those who sign up for the direct debit. Originally, the utilities thought it would be
taken out of the customer’s account at the beginning of the month when bills
were printed. But after some research,
the utilities can actually designate the withdrawal date which would be at
least ten days after bills are printed.
There is no fee to the customer for this option.
David
Drake made a motion to approve the agreement between the Town of Ellettsville and Komputrol Software for the upgrade. Dan Swafford seconded.
The following discussion took place
before the vote:
Dianna
clarified internet payments and telephone payments are not available without a
third party company and fees charged to the customer. So, you can set it up with your bank or you
can you can set it up with utilities, but you can’t pay on the internet and you
can’t call in to the utilities. Dan
added if we do provide internet and phone in service, there will be a
convenience fee. David stated if in the
future we change our operating system, we can look into incorporating that into
it, but it doesn’t seem feasible at this time.
Sandra reiterated that we could offer online bill pay through a third
party for a convenience to the customer without a software upgrade. Dianna added she was advised by a banker that
the electronic transfer process is set up easily through your local bank.
Roll
call vote: Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes; Dan Swafford – yes. Motion
carried 5-0.
New Business
Agreement between the Town of Ellettsville and the Richland Township Trustee for
fire protection
Jim Davis, Fire Chief presented the agreement. This is the same basic contract we’ve had for
the past several years. It is exact
copies of the 2009 contract other than the dates are changed. It was agreed the attorney did not need to
review the contract.
David Drake made a motion to approve the Agreement between the
Town of Ellettsville and the Richland Township Trustee for fire protection
for the year 2010. Dan seconded. Roll call vote: Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes; Dan Swafford – yes. Motion
carried 5-0. Dianna requested a copy be
forwarded to the attorney for her records.
Agreement between the Town of Ellettsville and Bloomington Hospital Ambulance
Service
Jim Davis, Fire Chief presented the agreement. This agreement is for back-up ambulance
service to Bloomington Hospital. The attorney has
reviewed this contract and made a few changes.
Bloomington Hospital has already approved it with the changes. Scott asked what changes were made.
Darla
Brown wanted to make sure it was clear in the contract that whatever insurance Bloomington
Hospital Ambulance Service purchased for itself and its employees they would
provide the same to Ellettsville. She
also requested a certificate of insurance from Bloomington Hospital showing that Ellettsville was an additional
insured. Jim Davis said there was one
additional change. “Agreement to provide
at no cost to the Town any services required or to fund the necessary services
to bring EFD personnel in compliance with Hospital regulatory requirements,
policies, or procedures that would result in an increased financial burden on
the Town.” This was due to changes this
year required by the hospital that would have cost the Town several dollars,
but through negotiations, we were able to have the fees waived. There is a 5% increase this year in the
dollar amount of the contract. The dates
were also changed from October - October to January – December with the fees
adjusted accordingly.
Scott Oldham made a motion we approve the agreement between the
Town of Ellettsville and Bloomington Hospital Ambulance Service. Phil seconded. Roll call vote: Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes; Dan Swafford – yes. Motion
carried 5-0.
Potential volunteer efforts of the
Ellettsville Boy Scout’s with the storm drain marking program
Connie
Griffin, Interim
Director of Planning. The Town has its
stormwater permit renewal inspection in February of 2010. Part of the stormwater permit renewal is the
evaluation of our public outreach program. Storm drain marking is a program used
by communities, such as Bloomington,
Indianapolis, and Fishers, as well as other communities throughout
the United
States
to increase water quality awareness. Part
of the permit inspection will be to evaluate our stormwater program for six
Minimum Control Measures:
- Public Education and
Outreach
- Public Participation
and Involvement
- Illicit Discharge
Detection and Elimination
- Construction Site
Runoff
- Post Construction
Runoff
- Pollution Prevention
and Good Housekeeping
Connie
is very involved with Public Education and Outreach as well as Public
Participation and Involvement. She gave
a stormwater presentation to the Ellettsville Boy Scout troop on September 21,
2009 that included the
EPA/Weather Channel video “After the Storm”, gave them the stormwater survey
and discussed the storm drain marking program.
Drafted documents were submitted to Mr. Spencer about starting a storm
drain marking program. Mr. Spencer expressed
concerns about the liability of volunteer programs. His letter also included research he
conducted for the Town in 1996 concerning the Adopt a Road cleanup program.
She forwarded the volunteer information to Mrs. Brown and a copy of the
letter from Mr. Spencer along with the documents prepared for the stormwater
drain marking program. Council was
copied on the email from Mrs. Brown. Connie
welcomed Mrs. Brown to comment at any time on this discussion. The packet of information given to Mrs. Brown
consisted of:
- A graphic showing the
different storm drains in our community,
- Safety Policies and
Regulations, which consisted of:
- Always wear
furnished yellow safety vests
- Stay off the
traveled way wherever possible
- Keep fellow
volunteers under supervision at all times
- Park vehicles away
from area to be marked
- Observe all
pedestrian laws and safety practices
- Notify the Sheriff’s
department immediately in case of an emergency
- Please be courteous
to drivers
- Dress appropriately
for the weather and take necessary precautions
- Enjoy yourselves
- Installation
instructions, since the decal markers are put on with an adhesive, which
is applied with a caulking tool.
This document discusses first aid and the dangers of using a
product of this nature, such as vapors and flammability, and that this
product should only be used in well ventilated areas.
- Information about the
program and storm drain marking.
- A Volunteer
Application
- And a Waiver of
Liability Form to be signed by everyone participating, and if they are
under the age of 18, to be signed by a parent or guardian.
Mrs.
Brown was in agreement and shared Mr. Spencer’s concerns, but she did include
the word “however”. The issues for the
Town to consider are:
1. Is this a worthwhile project for the Town and the
community at large
2. And, how does the Town reduce, as much as possible,
the chance that someone will be injured?
Her
letter stressed the importance of minimizing potential risks that someone could
be hurt. These additional safety
measures will include:
·
Limiting the
number of participants to allow all to wear safety vests
·
Additional adult
supervision
·
Working on
streets in subdivision areas and streets with no hills or curves
·
Making a formal
announcement of the volunteer project date, time and location at Town Council,
advertised in The Journal, and on the local radio station WCLS as a public
announcement
·
As well as
contacting the Ellettsville Police and Fire Departments to keep them aware of
where volunteers are working
Dr.
Ken Guzik works with the Scouts as a troop leader/assistant and has
participated in volunteer efforts in the community and would like to speak as
well as offer you the chance to ask him questions about the Scout’s insurance
coverage.
Dr. Ken Guzik, Boy Scout Troop 119 commented that he had tried in
the past to do volunteer work for the Town with the Scouts. The Scouts have a nice umbrella insurance
policy which will cover liability for the Scouts who volunteer in an official
manner. When we had this opportunity
with Connie, it fits in well with our sea base experience which instructs us to
go out into our communities and do something like this for run-off water and
waste water which comes down then into our oceans. We are willing to do that service for the
Town at no charge. All volunteers and
scouts in this project would be covered by our liability insurance
coverage. They will also be doing work
on areas between the sidewalk and the street, in co-partnership with Walmart
who will provide the dirt. We would like
to donate everything to the Town. It
will be free work and no cost to the Town.
Dr. Guzik gave the insurance information to Darla Brown. Phillip Smith
asked if Randy Brown, District Representative in this area, knew about this
project. Dr. Guzik replied that he
probably did not, but that certain paperwork was filled out and handled within
the troop and not usually filed with the District. Any official scouting effort, no matter where
it’s held, is covered, insurance-wise from portal to portal. David Drake remarked that what had scared some people with this
particular event was the fact that the work is in or next to the street. Ken replied the scouts have their own cones
and flags and will always be directed by adults. He went on to explain the dirt project. Walmart is donating two pallets of dirt and
employees to assist with building up areas between the sidewalk and the road
that have settled and are below grade.
This will prevent liability to the Town in the event people step off
into these areas and are injured, plus it adds to the beautification of the
Town. All Boy Scouts are troop led which
means adult supervision at all times.
David
Drake believes this is a great thing.
The Town just needed to check out the liabilities and make sure that it’s
done during daylight hours with proper supervision.
Phillip
Smith, a Boy Scout participant for many years, agrees that this is a great
opportunity to show young boys how to appreciate and be a part of their
community.
Dianna
Bastin thanked them for their willingness to take on this project and cooperate
with our legal concerns.
Phillip
Smith made the motion that we work with the Ellettsville Boy Scouts Troop 119
with the storm drain marking program with Connie’s help. Dan seconded.
Darla Brown thanked Connie and Dr. Guzik for putting all the
safety rules in place to keep the scouts safe.
She then referred back to a letter written by Michael Spencer in 1996
concerning the Adopt-A-Road cleaning program.
I don’t think he was saying not to do it; he was addressing a specific
comment made to the Town
Council then that if
someone gets hurt you have immunity under the statutes. Michael was saying in
his letter that it wasn’t true. He
wasn’t saying don’t do it, just be careful.
Roll
call vote: Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillipip Smith – yes; Dan Swafford – yes. Motion
carried 5-0.
Supervisor’s Comments
Jim Ragle made a personal request to close Second Street between Oak and Ritter to accommodate for an auction on November 21, 2009 from 8:00 a.m. to noon for public safety.
Scott Oldham asked the other supervisors if they had any
objections. There were no
objections. David Drake asked that Mr.
Ragle put up the proper markers for a road closing. Jim Ragle verified it would not disturb his
neighbors since there were several alternate routes around the area. The Council had no problem with the road
closing.
Connie
Griffin informed
the Council a representative from Maximus would be meeting with the supervisors
November 17th and 18th to start work on the Capital
Improvement Plan per the I-69 grant requirements.
Privilege of the Floor
Woodgate Request for Leaf Removal
Elaine Thomsen representing Woodgate subdivision told the Council
they have a leaf problem. They have no
place to take them, can’t be burned, and garbage collectors will not take
them. She asked if the Town would
consider contracting with the Woodgate Board to pick up leaves when city leaves
are collected. The Council said they
will take it under advisement expressing concern with liability and available
manpower. Elaine expressed hope that
this could be worked out by next year.
There was a discussion on the areas in Woodgate and the number of homes
that would need the service. Dianna
suggested emailing the clerk and street department to continue conversation on
the issue.
Scouts Request Permission to Work on
Grassy Area between Sidewalk and Street
Dr. Ken Guzik, representing Boy Scout Troop 119, asked permission to
do the dirt placement and grass seeding as mentioned earlier in the meeting. The project will begin on the south side of
the east-bound lane of Highway 46 at the west limestone marker. The Scouts will provide a “Men Working” sign,
cones and wear orange vests. Dianna asks
that Ken touch base with the street department the day before the project is to
begin in case there is an area of concern.
The date of the project is scheduled to be December 5, 2009. Dan suggested
the police department assist Ken with visibility by using squad car lights to
alert oncoming traffic.
Citizen Comments on Community Forum and
Plan Commission Meeting
Russ Ryle, Reeves Road resident commented the Community Forum was well
attended. The top three areas discussed
were economic development, educational, and governance. Under governance, the primary item was
“Ellettsville needs a mayor.” There was
also some discussion about uniform enforcement of town codes and
regulations. He then moved to the Plan
Commission meeting and the discussion of revising sign regulations expressing
concerns whether or not Town officials could or could not enter onto private property
to remove signs which are also private property. Dianna said that before anything was adopted
it would be reviewed by our town attorney.
Russ then implied due to lack of restrictions in Ellettsville, a Hookah
pipe smoking bar has requested information about opening a facility in
town. He questioned whether Ellettsville
will become the preferred area for businesses that are restricted in other
parts of the county? He then questioned
the fairness of annexing businesses into the Town without holding them to the
same paving standards as a new business building in the Town.
Dianna
replied that the Council welcomed his remarks when these businesses come before
the Council for a vote, but now we don’t know if they will. Also, she asks that he wait until the people
requesting the Hookah Bar are here so he can speak in front of them. Russ closed with the admonition that
Ellettsville is exposed because of the more restrictive zoning around us.
Council Comments
Dianna Bastin announced that the Office of Community and Rural
Affairs (OCRA) report is out and has been emailed to her. She forwarded it to the Council. They will be here on December 14,
2009 to talk about it. Dianna remarked that it included much more
than the top three things people wanted out of Ellettsville. She thought it was good, she heard some good
comments and she enjoyed it.
Once
again, the Council would like to do the Christmas Tree Lighting in the
Park. It is a Town sponsored event. Ron Wayt will be helping again. The program will be held on November 28th. People are making donations through the Park
Board and it looks like that will pay for what is needed and the Town will not
be out any money. Santa will be there
again this year on a fire truck.
Phillip
Smith made the motion to have the Christmas Lighting Ceremony on November 28th. Scott Oldham seconded. Roll
call vote: Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes; Dan Swafford – yes. Motion
carried 5-0. Dianna wanted to thank Sam Baker for coming two years ago, first
to the clerk’s office and then before Council to request this.
Adjournment
Dianna
Bastin entertained a motion to adjourn. Dan
Swafford so moved. Scott Oldham seconded.
Motion carried. Dianna Bastin adjourned
the meeting at 8:25 p.m.