November 22, 2010

The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, November 22, 2010, at the Fire Department Training and Conference Room. Phillip Smith called the meeting to order at 7:30 p.m. Phillip Smith led the prayer following the Pledge of Allegiance.

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

Supervisors Present were: Jim Davis, Jim Ragle, Eric Chaudoin, Connie Griffin, Mike Farmer, Jeff Farmer and Rick Coppock.

Approval of Minutes

Sandra Hash noted page 4 of the minutes previously provided to Council members had been corrected. In addition, at the November 8, 2010 Town Council meeting, it was originally stated the levy appeal was not included in the budget. However, the levy appeal is included in the property tax revenue.

Phillip Smith entertained a motion for the approval of the minutes for the Regular Meeting and Executive Session on November 8, 2010 and Special Session on November 11, 2010. Scott Oldham so moved. Dianna Bastin seconded. Roll Call Vote: Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 5-0.

Accounts Payable Vouchers

Phillip Smith entertained a motion for action to pay Accounts Payable Vouchers. Scott Oldham so moved. Dianna Bastin seconded. Roll Call Vote: Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 5-0.

Ordinances on First Reading

Ordinance 10-21 Salary Ordinance for 2011

No public comment.

Ordinances on Second Reading

Ordinance 10-18 to amend Title VII, Chapters 73 and 74 of the Ellettsville Town Code Adding Streets

Russ Ryle – Requested a short list of the streets to be added to the Town be read for members of the audience.

Phillip Smith – Read the list of streets as follows:

Street Through Streets/Stop Streets

• W. Harvest Lane
• N. October Drive Harvest Drive
• W. September Drive
• N. Gathering Court October Drive

Phillip Smith – Noted the maximum speed limit for the aforementioned streets is 20 m.p.h. No parking areas are end to end on both sides of the streets.

Phillip Smith entertained a motion to approve Ordinance 10-18 to amend title VII, Chapters 73 and 74 of the Ellettsville Town Code adding streets. David Drake so moved. Dan Swafford seconded. Roll Call Vote: Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 5-0.

Ordinance 10-19 to amend Ordinance 10-14 Concerning the Adjacent and Contiguous Territory to the Town of Ellettsville

David Drake confirmed this ordinance is to correct the legal description from the last annexation.

David Drake made a motion to approve Ordinance 10-19 to amend Ordinance 10-14 Concerning the Adjacent and Contiguous Territory to the Town of Ellettsville. Dianna Bastin seconded. Roll Call Vote: Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 5-0.

Ordinance 10-20 to amend Section 152 of the Ellettsville Town Code regarding the Floodplain Overlay District

Connie Griffin, Director of Planning – Dan Pearson of the Department of Natural Resources (“DNR”) has requested minor revisions to the ordinance submitted by the DNR. Darla Brown has reviewed the changes and they do not alter the intent of the original ordinance. Revisions to the ordinance are outlined as follows:

· Clarification of the date, December 17, 2010, for changes under the special flood hazard areas. The map amendments take effect on December 17, 2010.

· Sections 152.102(B), Basis for Establishing Regulatory Flood Data.

· 152.104(B)(6) Standards for Manufactured Homes and Recreational Vehicles.

· 152.104(B)(6)(c) states as follows: Manufactured homes with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade . . . shall be designed to preclude finished living space and designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in 152.104, Section B(4). Section B(4) was added to cross referenced the Town’s code.

Phillip Smith entertained a motion to approve Ordinance 10-20 to amend Section 152 of the Ellettsville Town Code regarding the Floodplain Overlay District. David Drake so moved. Dan Swafford seconded. Roll Call Vote: Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 5-0.

Old Business

Agreement between the Town of Ellettsville and Schneider Corporation concerning the Heritage Trail Phase One

Connie Griffin, Director of Planning – Recently the Town started the local public agency (“LPA”) procedures pursuant to the contract with INDOT which is required to proceed on the environmental review and design work with Schneider. A boilerplate contract is to now be used which is beneficial to the Town. Darla Brown has reviewed the contract and the Certificate of Insurance has been received from Schneider. At this time, the contract is ready for signatures so it can be submitted to INDOT for their notice to proceed.

Scott Oldham made a motion to approve the Agreement between the Town of Ellettsville and Schneider Corporation concerning the Heritage Trail Phase One. Dianna Bastin seconded. Roll Call Vote: Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 5-0.

Agreement between the Town of Ellettsville, Monroe County and the City of Bloomington concerning Animal Control

Phillip Smith – said he would like to table this matter in order to do more research before it is discussed.

Phillip Smith made a motion to table the Agreement between the Town of Ellettsville, Monroe County and the City of Bloomington concerning Animal Control. Dan Swafford seconded. Roll Call Vote: Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 5-0.

New Business

Richland Township Fire Contract with the Town of Ellettsville

Chief Jim Davis, Fire Department, has provided the proposed contract with Richland Township for 2011. There is an increase of .0831% over 2010 which equates to approximately $16,000 from the Township. Darla Brown has reviewed the contract which is basically the same from year to year except the date and the amount.

Phillip Smith entertained a motion to approve the Richland Township Fire contract with the Town of Ellettsville. Dianna Bastin so moved. Dan Swafford seconded. Roll Call Vote: Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 5-0.

Supervisor Comments

Chief Jim Davis, Fire Department, commented on animal control and the extra 1.5% increase the Town Council gave to employees for 2011. Chief Davis conferred with Sandra Hash, Clerk-Treasurer, for the following: There is only an increase of $17,597.84 for the total 100 lines which consume the personal services for the Town of Ellettsville MVH, Police, Fire, Clerk and Planning. According to the newspaper, the County could ask Ellettsville to reconsider and pay $17,970 per year which is almost the same as the 1.5% pay increase. According to the 2009 report from County officials, 134 animals from the Ellettsville area were taken to the Animal Shelter which equates to $134 per animal. While out of County residents brought 906 animals to the Animal Shelter at no charge. In another article, Bloomington is considering a fee of $10 to $35 for out of county residents depending on the age and species of the animal. His question is why would people in the Town of Ellettsville, who already pay County taxes, be required to pay an additional $134 per animal when out of County residents would only be required to pay $10 to $35? It would be cheaper on Ellettsville if we contact out of County residents to take Town animals to the shelter for us. As far as salaries for Town fire employees, of the five full time paid departments with benefits, Ellettsville fire salaries are the second from the lowest while the calls for services are second from the highest in Monroe County. On behalf of the employees of the Fire Department, and he’s sure the entire Town, they greatly appreciate the Town giving them the extra 1.5% raise and not throwing it to the dogs.

Jeff Farmer, Ellettsville Utilities – They changed out a comminuter with a piece of equipment called a flowminuter. The flowminuter cost $55,000, It failed to perform and, at no cost to the Town, it was removed and returned it to its rightful owner. Utilities has been looking at better ways to do job. At the head works of the plant, they’re finding a lot of inorganic material and want to go to a bar screen. The bar screen will lift the debris out of the stream, put it into a hopper and it will be hauled to the landfill. The price for the bar screen is $96,875. Currently, they are using a manual bar screen and raking it by hand. The funds for the bar screen will come out of the equipment replacement account.

Connie Griffin, Director of Planning – At the November 4, 2010, Plan Commission meeting it was recommended that legal counsel be present as needed. This is not something that will be a constant situation. Dianna Bastin stated the Plan Commission operates within the Town ordinances and the ultimate decision is sent to the Town Council where the Town Attorney is present. Darla Brown advised she is happy to help as the Town needs it. It is a policy decision. Phillip Smith stated the Town Council will discuss it. Connie Griffin stated there are five items to pay reasonable regard to in this situation:

· Comprehensive plan.

· Current conditions and character of current structures and uses in each district.

· Most desirable use for the land in each district is adapted.

· The conservation of property values throughout the jurisdiction.

· Responsible development and growth.

Darla Brown is given complete case file information on code enforcement and other major issues in the Planning Department.

Area 10 Transit Bus Location – INDOT has 30 feet of right-of-way from the center line of the highway. INDOT has not measured the right-of-way at the location on Temperance in front of the apartments across from the old 7-11 store. If the location is in INDOT’s right-of-way the Town would ask them for their permission to erect a bus shelter. If it is not in the INDOT right-of-way, then permission will have to be obtained from the property owner. Doug Norton of Rural Transit is preparing a letter stating they would not hold the property owner liable if there was an accident at that location. There are other locations for bus shelter which are Town property. Mr. Norton is requesting assistance for the purchase of bus shelters. Phillip Smith asked Mr. Norton how long it would take to set up a bus shelter. Mr. Norton states the shelters can be set up in one day. Rural Transit use to have four bus shelters in Ellettsville. When the new highway went through, INDOT removed the four bus shelters. At the Temperance location, there is a concrete slab which is an excellent location for a bus shelter.

Michael Farmer, Ellettsville Utilities – H.J. Umbaugh, their accounting firm, contacted the Clerk-Treasurer with a proposal for someone to purchase the water works revenue bonds from 1998. With different interest rates, they can save approximately $99,000 over the next eight years. There is a service fee and the net savings will be approximately $85,000. There is a deadline of thirty days to sell the bonds. Mr. Farmer requested approval to proceed with the sale of the bonds. Dianna Bastin asked if this is refinancing the bonds. Mr. Farmer stated we are selling the bonds and are not refinancing the bonds. Darla Brown advised there are procedures which need to be utilized when the Town sells assets. Sandra Hash advised they need permission to proceed with the sale of the bonds. Mr. Farmer proposed permission to proceed with researching the propriety of selling the bonds and proceeding with the Town attorney’s approval. The debt service payments each year are on an average $12,000 to $13,000 cheaper per year. The total savings by 2018 are $99,000 less the service fee. After a discussion, permission was given to Mike Farmer and Sandra Hash to research the potential bond sale and prepare the appropriate paperwork and ordinances.

Council Comments

Dianna Bastin reminded everyone of the annual Christmas tree lighting ceremony on Saturday, November 27, 2010, at 6:30 p.m. The ceremony will take place at the large shelter house by the Street Department.

David Drake stated the animal control issue came up in January 2010. The comment in the newspaper at that time was Ellettsville residents were not pulling their weight or fair share. As Chief Davis stated, residents of the Town of Ellettsville pay County taxes for their services. This animal control issue is really two separate issues. One issue is the animal shelter. The other is the animal control officers. The County has the animal shelter in cooperation with the City of Bloomington. The animal shelter is not in Ellettsville, we do not have any control over who goes there, no control of who drops off animals and no knowledge of where they live or found the animal. Animal control is really a County function and not Ellettsville’s responsibility. If someone who lives in Monroe County is driving through Ellettsville and has an accident, we do not charge them because they do not live in Ellettsville. Why should Ellettsville have to pay extra money when we are already supporting the County for providing their services. Ellettsville does not ask the County to pay for all of the police runs that the Ellettsville Police Department make for the sheriff’s department because they are understaffed. The Town does not question the personnel and budget issues or decisions of Monroe County Council. A better argument would be the animal control officers coming into Ellettsville. There have been thirteen animal control runs to Ellettsville wherein animals were seized. Perhaps Ellettsville should pay Monroe County per run. When Mr. Drake served on the Animal Control Commission, he was told there were so many runs made to Ellettsville. However, when he looked at the list of runs, many runs had an Ellettsville address but they weren’t really in the Town of Ellettsville. This has been an ongoing issue for some time. Mr. Drake thanked Pat Stoffers for helping Ellettsville with the animal control issue.

Privilege of the Floor

Sandra Hash – Connie Griffin had previously asked for the Town Attorney to attend the Plan Commission meeting on December 2, 2010. The Town Council will not have another meeting before the Plan Commission meeting. The issue of the Town Attorney has not been resolved. Phillip Smith asked Darla Brown if there would have to be a vote on her attending the Plan Commission meeting. Ms. Brown responded there doesn’t have to be a vote but she would need to have a consensus of the Town Council. Dan Swafford asked Darla if it would help her to attend the Plan Commission meetings so she is aware of what is going on before things are handed to her. Darla Brown does not know if she would have to attend the Plan Commission meetings for ordinance enforcement.

Dan Swafford made a motion for Darla Brown, Town Attorney, to attend the Plan Commission meeting on December 2, 2010. Phillip Smith seconded. Roll Call Vote: Phillip Smith – yes; Scott Oldham – no; Dianna Bastin – no; David Drake – yes; Dan Swafford – yes. Motion carried 3-2.

Adjournment

Dan Swafford made a motion to adjourn. Scott Oldham seconded. Motion carried. Phillip Smith adjourned the meeting at 8:16 p.m.