December 13, 2010

The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, December 13, 2010, at the Fire Department Training and Conference Room. Scott Oldham called the meeting to order at 7:30 p.m. Sandra Hash led the prayer following the Pledge of Allegiance.

Roll Call: Members present were Scott Oldham, Vice President; Dianna Bastin, David Drake and Dan Swafford. Absent was Phillip Smith, President. Sandra Hash, Clerk-Treasurer, and Darla Brown, Town Attorney, were also present.

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

Approval of Minutes

Scott Oldham entertained a motion for the approval of the minutes for the Regular Meeting on November 22, 2010 and the Executive Session on November 29, 2010. Dan Swafford so moved. David Drake seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes and Dan Swafford – yes. Motion carried 4-0.

Accounts Payable Vouchers

Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers. Dianna

Bastin so moved. Dan Swafford seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes and Dan Swafford – yes. Motion carried 4-0.

Meeting Schedules for 2011

Sandra Hash, Clerk-Treasurer, advised there are a few changes due to holidays. The only holiday that affects Town Council is Christmas. Therefore, that meeting is moved to Tuesday, December 27, 2011. Other than the last meeting in December, the meetings are the second and fourth Mondays of the month.

The Park Board has several changes to their meeting dates. The Planning and Zoning Board does not have any changes. Their meetings are the first Thursday of every month.

The Town Council meetings have always started at 7:30 p.m. A few years ago, the Plan Commission moved their meetings to 6:00 p.m. Ms. Hash asked Council members if they would consider changing the time for starting to 7:00 p.m. or 6:30 p.m. for 2011. Dianna Bastin stated she was also going to ask Council to consider starting at 6:30 p.m. David Drake and Dan Swafford commented they preferred to start at 7:00 p.m.

Scott Oldham entertained a motion to approve the meeting schedules of the Town Council, Park Board and Planning and Zoning for 2011 and to start the Town Council meetings at 7:00 p.m. David Drake so moved. Dan Swafford seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – no; David Drake – yes and Dan Swafford – yes. Motion carried 3-1.

Proposed Waterworks Refunding Revenue Bonds of 2010 – John Seever, CPA, H.J.

Umbaugh

John Seever, CPA of Umbaugh Associates. Also present was Jessica Eckerley, CPA. The Council was presented with the proposed refunding of the Town’s outstanding 1998 water bond issue. The Schedule of Estimated Debt Service Savings is a comparison of the prior debt service on the 1998 bonds to the debt service on the refinancing bonds; the savings is approximately $11,000 to $17,000 a year. The purpose of the refinancing would be to reduce the annual principal and interest payments by approximately $14,000 to $15,000 a year. Over the remaining life, the maturity wouldn’t be extended as bonds pay off at the same time. Mr. Seever apologized for this happening so quickly but they were approached by an underwriter who had a buyer with an interest in municipal bonds. If the Town wishes to proceed with refinancing a bond ordinance will have to be adopted. In principal, the refunding of the revenue bonds is like refinancing a house. Municipal interest rates are the lowest they have ever been. The water utility is regulated by the IURC. However, the IURC does not have jurisdiction over the refinancing of municipal debt. David Drake confirmed the Town will save between $100,000 to $115,000 over the course of what remains of the bond structure settlement. Mr. Seever stated this is the onlyDecember 13, 2010 Town Council Meeting continued time the Town will be able to do this. If the interest rate should drop lower after the paperwork is signed the Town cannot refinance the bonds. Since this deal was proposed the interest rates have gone up. There will be fees for Umbaugh, Ice Miller and Darla Brown. The fees are built into the refinancing. The savings numbers are after the fees have been paid.

Dianna Bastin stated she thinks the Town needs to do the refinancing for a savings of approximately $113,000. Dan Swafford asked why the figure changed from $1 to $100,000 when the bond matures. Darla Brown stated that was Ice Miller’s decision. Mr. Seever explained the transaction is going to one buyer and it is a bank. The reason why it changed is because if it is sold in $100,000 maturities, the Town will be exempt from continuing disclosure. Continuing disclosure means every year the Town would have to file certain information that would be available to buyers of the bonds. Therefore, because there is one buyer, and with that change, the Town qualifies for the exception to the rule and will not have the annual obligation to file a continuing disclosure. Scott Oldham asked since the Town is selling to one vendor, have they received assurances that it is not an off shore vendor. Mr. Seever responded it is a bank in upstate New York.

Russ Ryle stated Scott Oldham brought up an interesting point regarding an off shore buyer. He believes the buyer of the bonds has the legal right to sell to whomever they want to. Mr. Ryle asked since the Town is selling to one buyer, does it give them additional authority or reason to be involved with the operation of the water company. David Drake stated the buyer would receive no additional benefits other than if the bonds

were sold in 50¢ shares. John Seever commented typically, the buyers would have the ability to re-sell the bonds. However, in the Town’s case, the buyer is promising to hold the bonds until maturity. Therefore, the bonds are not negotiable. Dan Swafford confirmed the interested rate is fixed.

Ordinances on First Reading

Ordinance 10-22: Bond Ordinance for Waterworks Refunding Revenue Bonds of 2010

David Drake made a motion that Ordinance No. 10-22 be submitted for first reading. Dan

Swafford seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes and Dan Swafford – yes. Motion carried 4-0.

Dianna Bastin made a motion that Ordinance No. 10-22 be adopted on the same day at which it is introduced. David Drake seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes and Dan Swafford – yes. Motion carried 4-0. David Drake moved that Ordinance No. 10-22 be adopted. Dianna Bastin seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes and Dan Swafford – yes. Motion carried 4-0.

John Seever advised the closing is to take place on December 23, 2010. Redemption of the 1998 bonds will occur approximately 30 days after the closing. Darla Brown confirmed the closing will take place by telephone. Dianna Bastin thanked the Town’s attorney, Ice Miller and Umbaugh for their work on this matter.

Ordinances on Second Reading

Ordinance 10-21: Salary Ordinance for 2011

Sandra Hash, Clerk-Treasurer, noted Jim Ragle with the Street Department had a minor change which combined a couple of classifications. No numbers have been changed since the first reading.

David Drake moved to approve Ordinance 10-21, the Salary Ordinance for 2011. Dianna Bastin seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes and Dan Swafford – yes. Motion carried 4-0.

Old Business

Agreement between the Town of Ellettsville, Monroe County and the City of

Bloomington concerning Animal Control

Darla Brown - On December 2, 2010, Sandra Hash, two Town Council members and Ms. Brown met with one Monroe County Commissioner, one Monroe County Council Member and two of the County Attorneys to discuss this matter. Information and ideas were exchanged. Since that meeting, information from a County Attorney has been passed along to Council members. County Commissioner Pat Stoffers said he would approach his colleagues about giving Ellettsville an additional 30 days on the current agreement, through the end of January. This will give the Town more time to work on the issue. Ms. Brown’s recommendation is that the Town Council table this agreement so there is more time to discuss it with the County and/or the City of Bloomington to find out if an agreement can be reached.

Dan Swafford made a motion to table the Agreement between the Town of Ellettsville, Monroe County and the City of Bloomington concerning Animal Control. Dianna Bastin seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.

Rural Transit Area 10: Bus Transit Location/Purchasing Bus Shelter(s) – Temperance Street. Connie Griffin and Doug Norton

Connie Griffin, Director of Planning – INDOT has measured from the center of State Road 46 and the Town is behind their right-of-way. The actual alley for the placement is Town owned property. The letters to the Town of Ellettsville, INDOT and the owner of the apartment complex advising they would not be held responsible for any accidents, property damage or other things that could occur, have been prepared by Mr. Norton. Rural Transit Area 10 is seeking approval for the location and placement of the first bus shelter on State Road 46. Dianna Bastin asked if the Town is not buying the shelter but approving the placement. Connie Griffin responded that is correct. This shelter is one that

Mr. Norton’s group was able to salvage and refurbish.

Dianna Bastin made a motion to approve the Rural Transit Area 10 Bus Transit location on 202 W. Temperance Street. Dan Swafford seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.

Connie Griffin, Director of Planning stated there are two other items to discuss. Another location for a west bound shelter which could possibly be the fire station, lot across from Town Hall and Campbells Park. Rural Transit Area 10 is seeking financial assistance from the Town for purchasing one or two bus shelters.

Doug Norton, Rural Transit Area 10, stated it’s just a matter of planning and getting the right location for the people in Town. After monitoring their growth, Rural Transit has a good idea of where the people who use their service are located. Other possible locations are the Village Inn, on the other side next to the old fire station, and the corner by City Hall. As weather improves and trips pickup they will once again start thinking about additional bus stops. Scott Oldham said the Town cannot commit financially until after the first of the year. Dan Swafford asked how long before the first bus stop is erected. Doug Norton responded it will be put up as soon as the ground is dry or workable. Dan Swafford asked Connie Griffin to research the possibility of grants for the bus stops.

New Business

Agreement between the Town of Ellettsville and Komputrol Software Systems for

Annual Maintenance Agreement and Disaster Recovery Plan for 2011 Sandra Hash, Clerk-Treasurer, stated this is a standard agreement every year. The annual maintenance agreement gives the Town the ability to get updates to the software and they can call Komputrol any time there is an issue or problem. The disaster recovery consists of taking a data tape and converting it to a CD twice a year so everything on the computer is saved. Also a daily backup is done and taken from Town Hall every evening. If something happened to Town Hall, we could take the backup, go to the Komputrol Facility and they would have everything needed to get the Town up and running again. Scott Oldham asked if the contract was $5,445. Sandra Hash responded that was correct December 13, 2010 Town Council Meeting continued for the annual agreement and the disaster recovery was $450. Scott Oldham asked if other contractors were looked at. Ms. Hash stated they have looked at a couple of others and it is approximately a $50,000 investment to change software vendors. This agreement covers utility billing, budgetary, payroll and asset management. Komputrol is a dependable system and works well with very few glitches. There is a $175 increase. Dan Swafford asked how often Komutrol was used last year for customer support. Sandra Hash said she couldn’t state how often utilities calls but her office calls perhaps a couple of times a month. When something does go wrong, however, Komutrol promptly calls back. Compared to having an IT person, the contract with Komutrol is quite a bargain. Dan Swafford made a motion to approve the Annual Maintenance Agreement and Disaster Recovery Plan for 2011 between the Town of Ellettsville and Komputrol Software Systems. David Drake seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.

Safe Routes to School Project Updates – Utility Relocation/INDOT Contract with

Duke and the Town of Ellettsville, Connie Griffin, Director of Planning.

One of the light poles on Sycamore Drive will need to be relocated as part of the Safe Routes to School Project. It has been determined by the consultant that this would actually be a reimbursable expense. In order to prevent the Town from having to pay possibly $2,500 or more for relocating the light pole, she has requested we proceed as a reimbursable expense. This means Duke will have to prepare a boilerplate contract as was done with the Heritage Trail project. Duke is preparing the boilerplate contract and then they will submit it to the Town to be reviewed. Therefore, the Town will not have to pay for the light pole. Duke will pay for the exact type of light pole. This may slightly slow the project down. Sandra Hash asked if this is a reimbursable expense does it mean the Town has to pay up front. Connie Griffin responded she will have to research this. The School is the LPA so there’s a possibility the School could help as the Town is trying not to incur any expenses with this grant.

Heritage Trail Project, Connie Griffin, Director of Planning.

The Town has received the notice to proceed with the environmental review on the Heritage Trail project. As soon as the consultant is available, the environmental review can start since the Town has received the notice to proceed. The environmental review will be a reimbursable expense.

Minor FEMA Revision to Ordinance 10-20, Numerical Sequence, Connie Griffin, Director of Planning.

Number “3” is in a listing two times and one of them needs to be changed to a 4. This has been corrected.

Supervisor Comments

Tony Bowlen, Town Marshal, requested approval of a new reserve officer, Christopher Elliott. Mr. Elliott was formerly a Monroe County Auxiliary Police Officer and currently works full time at the Department of Defense Police at Crane. David Drake made a motion to appoint Christopher Elliott as a reserve police officer for the Town of Ellettsville. Dan Swafford seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0. Mr. Elliott was sworn in as a Reserve Deputy Marshal by Sandra Hash, Clerk-Treasurer.

Council Comments

Scott Oldham – Jim Ragle is not at the meeting because the Street Department was out all night plowing. Mr. Oldham expressed appreciation to the Street Department for plowing, the Utilities Department for repairing a water leak and the Police and Fire Departments for their normal daily duties.

Adjournment

December 13, 2010 Town Council Meeting continued Dan Swafford made a motion to adjourn. David Drake seconded. Motion carried. Scott Oldham adjourned the meeting at 8:10 p.m.