September 28, 2009

The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, September 28, 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; Mike Spencer, Town Attorney and Darla Brown, Attorney were also present.

Supervisors Present: Jim Davis, Jim Ragle, Tony Bowlen, Mike Farmer, Jeff Farmer and Rick Coppock were present.

Approval of Minutes

Dianna Bastin entertained a motion for the approval of the minutes for the Regular Meeting September 14, 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. David Drake seconded. Motion carried.

Ordinance on First Reading

Ordinance 09-23 is not on the agenda. It will give George Webb a one time payment of $2,400 for retirement. The following motions will add it to the agenda and pass it on the first reading.

Dianna Bastin explained George Webb is retiring after 44 years of employment and this ordinance will give him a one time payment of $2,400 for retirement.

Phillip Smith made a motion we pass Ordinance 09-23 to give George Webb a one time payment of $2,400 for retirement. Scott Oldham seconded. Dianna Bastin stated the ordinance reads “amending Ordinance 08-11 fixing of salaries for budget year 2009” for the first reading. Roll call vote: Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes; Dan Swafford – yes. Motion carried 5-0.

Dianna Bastin stated “after forty years in Ellettsville, there is no longevity on the books so we have elected, in the best simplest way, to give Mr. Webb longevity pay; $2,000 for forty years and $100 for every year after that”.

David Drake made a motion to adopt Ordinance 09-23 on the same day at which it is introduced. Dan Swafford seconded. Roll call vote: Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes; Dan Swafford – yes. Motion carried 5-0.

David Drake made a motion to adopt Ordinance 09-23. Phillip Smith seconded. Roll call vote: Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes; Dan Swafford – yes. Motion carried 5-0.

Dianna Bastin introduced George Webb and told him “we do this to thank you for forty-four years of service”.

Mike Farmer thanked the Council for their support of town employees.

Ordinance on Second Reading

Ordinance 09-22 to amend Chapters 73 and 74 of the Ellettsville Town Code concerning traffic

Dianna Bastin explained this ordinance updates speed limits, no parking zones and stop intersections.

David Drake made a motion we adopt Ordinance 09-22. 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.

New Business

Contract for Employment between the Town of Ellettsville and Darla Brown, Attorney

Dianna Bastin announced Mike Spencer is moving on to another position and his last day as Town Attorney will be October 1, 2009. Darla Brown has been selected to take over as Town Attorney.

David Drake made a motion we approve the Contract for Employment between the Town of Ellettsville and Darla Brown as the Town’s Attorney. 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.

Agreement with Consultants for the I-69 Grant

Connie Griffin presented contracts from EcoLogic, Inc. for $4,429 and Schneider Corporation for $8,500 for the Wells Park Plant and Animal Inventory and the Green Space Inventory.

David Drake wants to make sure, before we start, the Town will be able to complete all the studies necessary in the period time we have. Connie said yes.

Connie said she is waiting on a contract from Maximus for $5,000.

Mike Spencer was asked to review the contracts. The EcoLogic contract is a “simple” contract and suggested:

• The change from “Town of Ellettsville Planning Department’ to “Town of Ellettsville”
• Remove “Dianna Bastin’s” name off the contract
• There is no date for completion
• The “Terms” need to be changed and a date specified

Mike Spencer pointed out a few items in the Schneider Service Agreement:

• They will not start work until authorized to do so, in writing
• Paragraph 4: “Designate, in writing, a person to act as Owner’s representative”; at some point a person will need to selected to represent the town
• Paragraph 5: The rates are specified throughout the agreement. Mike Spencer stated we are paying them a flat fee of $8,500 plus reimburse for expenses. In addition to that, there may be an occasion for them to provide additional services. Those additional services will be billed at the rates specified in Exhibit B.
• Paragraph 5 says “in addition to the set fee, the rates are subject to escalation in accordance with the fee schedule”. This paragraph allows the rates to be changed.
• Paragraphs 6 & 7 Invoicing and Payment: Mike Spencer would like the language changed in this section regarding attorney’s fees.
• Paragraph 8 Modifications and Adjustments; this is where additional costs could come in. “All rates, measures and amounts of compensation, as well as the time of performance, shall be equitably adjusted”.
• Paragraph 9 Terms and Termination; specifies when the Professional may terminate the time track. The Owner or Professional may terminate the agreement for any reason and without cause upon thirty days written notice to the other party.
• Paragraph 10 Construction Costs; Mike Spencer did not know anything was being built and this paragraph is very “elaborate”. Mike Spencer does not like the paragraph and it should be deleted in its entirety.
• Paragraph 11 should be eliminated if Paragraph 10 is.
• Paragraph 12 Computer Files; Mike Spencer feels Section (F) is “broad” and does not understand what it is aimed at.
• Attachment B Fee Schedule; after periods of 12 months from the date of this Agreement, all fees remaining under this contract are subject to an increase of up to 6%. Connie Griffin stated the project deadline is in February.

Sandra Hash clarified the grant is a reimbursement grant. The Town pays the cost up front and then reimbursed. Sandra requested to transfer Rainy Day Appropriation to a budget line where we could pay the agreements and then reimburse the Rainy Day Fund. Sandra will have to prepare a resolution for both transfers and the Council will be aware of it then.

Dianna Bastin asked Connie to have the EcoLogic, Inc contract fixed by removing her name before it is signed.

The changes will be made to both contracts and then resubmitted for approval.

Supervisor’s Comments

Jeff Farmer, Ellettsville Utilities thanked the Council for recognizing George Webb and invited everyone to an “Open House” at Campbell’s Park main Shelter House on Wednesday, September 30 from 11 a.m. until 2 p.m. Jeff Farmer personally thanked George and also Mike Spencer.

Council Comments

Dianna Bastin stated Mike Spencer has been with the town for 26 years and served many people, some of which could not be at the meeting this evening. Dianna read a letter from Bob Miles wishing Mike Spencer well with his future endeavors and then presented him with a plaque designed by a town employee.

Phillip Smith announced there will be a Heart Fund Benefit for Dennis Braun October 10, 2009 with gospel music concerts from 10 a.m. until 10 p.m. at the large Shelter House in Campbell’s Park. Dennis Braun is an Air Force Veteran in need of a heart transplant and the VA will not pay for it. Phillip Smith listed all the performers.

Dianna Bastin thanked George Webb for his services. Dianna invited everyone to stay for cake in honor of Mike Spencer and then introduced the new Town Attorney, Darla Brown.

Adjournment

Dianna Bastin entertained a motion to adjourn. Phillip Smith so moved. Scott Oldham seconded. Motion carried. Dianna Bastin adjourned the meeting at 7:58 p.m.