September 13, 2010

The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, September 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. Phillip Smith was absent. Sandra Hash, Clerk-Treasurer and Darla Brown were also present.

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

Approval of Minutes

Scott Oldham entertained a motion for the approval of the minutes for the Special Session on September 7, 2010 and Regular Meeting on August 23, 2010. Dan Swafford so moved. David Drake seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; 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; Dan Swafford – yes. Motion carried 4-0.

Pre-Adoption Public Hearing for the 2011 Budget

Sandra Hash presented the following summary of the 2011 budget:

v General Fund’s budget is $2,058,801 that is $38,483 more than in 2010. The General Fund includes the Administration, Planning, Fire and Police Departments. Richland Township will contribute $519,318 toward fire protection in Richland Township and Bloomington Hospital will contribute $49,437 for assisting with the ambulance at the fire station on Curry Pike.

v County Option Income Tax is estimated at $375,101, which is $66,194 less than the town received this year.

v Motor Vehicle Highway’s budget is $429,731, which is $7,062 less than 2010. The Motor Vehicle Highway payments from the state will be $24 per capita, which is an 18 cent reduction from the 2010 rate.

v Park and Recreation budget is $19,253, which is $7,951 more than 2010.

v Local Roads and Streets, Law Enforcement Continuing Education and the Cumulative Funds equal $260,174.

v The debt service funds for the Police and Fire equal $321,000.

v The total budget for the civil portion of the Town for 2011 is $3,088,959, an increase of $62,850 from 2010.

v The Maximum Levy Growth Quotient for 2011 is 2.9% down from 3.8% in 2010.

v The Town is eligible for an excess levy due to the three year growth factor in the amount of $60,000. The average growth rate for Ellettsville over the last 3 years is 6.79% exceeding the state rate by 3.89%.

v The Water Utility budget is $1,381,100.

v The Waste Water budget is $1,880,680.

v The Stormwater budget is $141,090.

Scott Oldham requested clarification of the levy appeal. Sandra Hash explained the Town is eligible for a levy appeal if that is how the Council would like to proceed. If the Town is granted the levy appeal, it would receive $55,000 to $60,000 and would result in a tax rate of approximately .04%. Ms. Hash further noted the Town has applied and has been granted a levy appeal for two years. This is a mechanism the State allows for communities who are growing faster then the State rate. If the Town is held at the State level, it makes it difficult for the Town to provide the needed services. Therefore, the levy appeals are in place to assist communities who are growing faster. A resolution can be prepared by the next meeting. At which time, the Council can make a final decision as to whether or not to pursue the levy appeal.

Scott Oldham entertained a motion to proceed with the notice of a levy appeal. David Drake so moved. Dianna Bastin seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – no. Motion carried 3-1.

Award Proposal for the McNeely Street Water Storage Facility Maintenance and Management Program

Mike Farmer, Ellettsville Utilities, requested the Town Council award the quote for the McNeely Street Water Storage Facility Maintenance and Management to Caldwell Tank, as is, for the amount of $ $572,835.00. Mr. Farmer explained the tank on McNeely Street has been in operation since 1997 and is ready for a tank painting and Ted Server with Caldwell Tank had the low bid. Caldwell Tank has been in business since 1887 and has a regional office in Louisville, Kentucky. Dan Swafford inquired as to the difference in the tanks. Mr. Farmer explained one tank is a ground storage tank and the other one is an elevated tank. However, both are the same size. The life span of the tanks is everlasting as long as they are well maintained. Caldwell Tank offers an ongoing maintenance program and this may be considered in the future. Scott Oldham requested to see copies of both bids. Mr. Farmer confirmed the amount for the maintenance is in the budget and was included on the capital improvement list.

Scott Oldham entertained a motion to award the quote for the McNeely Street Water Storage Facility Maintenance and Management Program to Caldwell Tank. Dianna Bastin so moved. David Drake seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.

Award Quote for the Louden Road Water Storage Facility Maintenance Project

Mike Farmer, Ellettsville Utilities, requested the Town Council consider awarding the quote for the Louden Road tank maintenance. There were two quotes and Mid-Atlantic Storage Systems had the low quote of approximately $41,410 with all the options and the most qualified to do the work. The tank will be pressure washed, all seams will be resealed, all bolts will be cleaned and a rust proof cap installed on all the bolts. This is a glass lined tank. The tank was built in 1987 and has had no maintenance other than a couple of wash-outs.

Scott Oldham entertained a motion to award the quote for the Louden Road Water Facility Maintenance Project. David Drake so moved. Dianna Bastin seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.

Mr. Farmer had provided the Town Council with information on Open Range Communications. They provide Y-Max internet service. They are requesting to place antennas on the McNeely tank and are willing to pay $15,000 annually. Mr. Farmer advised the Town is currently receiving over $18,000 for T-Mobile and he explained to Open Range he would expect to receive the same amount from them. Mr. Farmer is seeking approval to begin discussions on the terms with Open Range Communications and work with the Town Attorney to prepare a contract. Scott Oldham noted Mr. Farmer can start negotiations without the Town Council’s permission and this was confirmed by Darla Brown, Town Attorney. Dan Swafford confirmed the Town does have a 50/50 split of the funds received for the antennas with the previous owner. The amounts received for the antennas increases by three percent each year. This increase will help offset the maintenance cost associated with each tank.

Resolutions

Ordinances on Second Reading

Ordinance 10-13 to add a new section to Chapter 93 to the Ellettsville Town Code concerning Leaf, Tree and Brush Removal

Connie Griffin, Planning Director. Ms. Griffin and Jim Ragle have not received any comments or suggestions on the brush code. Scott Oldham noted he did not see compost piles mentioned in the current proposed version. Ms. Griffin responded composting is not included but could be added to the ordinance. Dianna Bastin noted most people either make their own compost pile or have composters. After a discussion on composting and containers, Jim Ragle suggested a size restriction is needed and suggested the maximum be 4’ X 6’ x 4’ and should be covered. Scott Oldham noted the composting restriction should be added in No. 2 of the proposed ordinance. Russ Ryle noted the composting should be covered.

Scott Oldham entertained a motion to amend 93.21(C) to state all yard waste materials must be removed from the property at least every thirty days with the exception of covered compost piles not to exceed 6’ long by 4’wide by 4’ high. Dan Swafford so moved. David Drake seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.

Scott Oldham entertained a motion to approve Ordinance 10-13, as amended, to add a new section to Chapter 93 to the Ellettsville Town Code concerning Leaf, Tree and Brush Removal. David Drake so moved. Dan Swafford seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.

New Business

Jim Davis, Fire Chief – increase the salary for three part-time employees, Ellettsville Town Code 36.203

Chief Davis requested an increase in salary for three part-time employees from $9.00 an hour to $9.53 an hour pursuant to Ellettsville Town Code 36.203. Personnel policy states after twelve months of employment, the employees can receive a pay increase. All three employees are fire personnel from other departments. The money has been budgeted for the pay raise.

Scott Oldham entertained a motion to approve the salary increase for three part-time employees pursuant to Ellettsville Town Code 36.203. Dianna Bastin so moved. David Drake seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.

Chief Davis noted there is an ongoing issue of 20,016 part-time hours for employees who fill in for shifts. There is a constant turnover in part-time employees. The department normally runs 20 to 21 part-time employees to cover the 20,016 part-time hours. To avoid overtime pay, they recruit more volunteers. Approximately one year ago, they brought in ten new people and as of this date, three remain. The department is down to 15 people who are actively working the 20,016 part-time hours. Currently, they have a full time position being covered by a part-time person. Chief Davis confirmed the funds are in the budget for the full time position. Therefore, this employee was removed from the 20,016 part-time hours. The part-time employees can only work 106 hours every two weeks or they have to be paid overtime. The department needs to promote five to six volunteers to get back to 20 to 21 part-time employees so overtime will not be used. Bill, who does the scheduling, has had employees go into overtime nine times this year and has been close to overtime 35 times. Next council meeting, Chief Davis will be requesting volunteers be moved up to part-time employees pursuant to the Town’s personnel policy.

Mike Cornman, Deputy Fire Chief, spoke to the Town Council about the process to become a firefighter and why the department targets people who are already firefighters for possible employment with the Town. There are several factions of the fire service: (1) voluntary; (2) combination and (3) all career. Ellettsville is a combination fire department. Most fire departments the size of Ellettsville are more in tune of a volunteer fire department with some paid firefighters. I.C. 36-8-10.5 states the firefighter must have mandatory training. To be a firefighter in the State of Indiana, you have to have 80 hours of basic training. This training includes hazard materials, awareness and operations, blood borne pathogens, SIDS, legal records, just to name a few. In addition, a firefighter must have 16 hours of technical rescue awareness. OSHA also has specific training for firefighters which is considered basic. However, a firefighter cannot go into a burning building with only the OSHA and State training. There are insurance standards which state the fire department must use the National Fire Protection Association’s (“NFPA”) minimum standards for a firefighter to make entry into a building. This results in 150 hours of training and is a Firefighter I qualification. The next step is a Firefighter II. This training would take approximately 1 ½ months with eight hours of training a day. The Town fire department caters to individuals who are available only in the evenings and/or weekends, so they offer training in the evenings and on the weekends. The training is normally for the volunteer firefighters as they come into the fire department. There is also a service offered between the Town and the Township called EMS First Responder. This requires a certification from the State. Therefore, the fire department requires their people be an EMS First Responder. This is a 48 hour class. Most people also take the EMT class which consists of 160 hours of training. The fire department does not offer this type of training. This is approximately 320 hours of basic training. There is not a local fire academy. The process to become a firefighter could take 2 ½ to 3 years of experience and on the job training. The Town works with the Van Buren Township Fire Department, Perry - Clear Creek Fire Department, Bean Blossom Township-Stinesville Fire Department, Benton Township Fire Department and the Bloomington Township Fire Department at their training field on Highway 37 North. They provide the services and the Town’s fire department provides some of the instructors and equipment. This training is a few nights a week and a few Saturdays for seven to eight months. To send someone to the academy costs approximately $3,000. Some of the best applicants are people who have been trained either from our fire department or from another fire department. Firefighters must complete one level of training before moving to the next. Driver operators and officers must have additional training. At this time, the fire department receives approximately five calls a day. Dan Swafford asked how many certified trainers are in the fire department. Deputy Chief Cornman responded there are seven certified trainers at this time. Mr. Swafford also asked how much class time the Town is going to invest on the new part-time firefighters. Deputy Chief Cornman answered this training depends on the amount of on the job training that is needed for each of the new part-time employees.

Connie Griffin, Planning Department - 409 West Vine Street

Ms. Griffin has completed a cost estimate of $12,410 without gravel or pavement. This amount includes a high rate of $1,500 for a lead and asbestos inspection. This amount does not include the closing costs and bank fees. She has an inspector from Toll Test in Odon coming on September 14, 2010, to give an estimate of what an inspection would cost.

Connie Griffin, Planning Department – Other Business

Ms. Griffin has provided case file information on three cases to the Council and is seeking permission to turn them over to the Town Attorney. Ms. Griffin noted she has provided all information and photographs pertaining to the three properties to the Town Attorney. They are as follows:

· Unsafe building structure at 114 East Chester Drive.

· Cedar Bluff Gardens, West State Road 46

· Clifton Bell at 703 West Temperance Street

After reviewing the case files, David Drake noted everything possible has been tried, short of legal action, with the aforementioned properties.

Darla Brown, Town Attorney, explained the procedure for injunctive relief and a zoning enforcement action.

Scott Oldham entertained a motion to refer the three code enforcement cases to the Town Attorney for further action. The addresses are 114 East Chester Drive, West SR 46, 703 West Temperance Street. David Drake so moved. Dan Swafford seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.

Ms. Griffin advised she will be out of the office from the afternoon of September 14 – 17, 2010, for the Indiana Association for Floodplain and Stormwater Management. Ms. Griffin will also be out of the office from September 21 – 23, 2010, for vacation days. On September 9, 2010, she attended Economic Development 101 at McCormick’s Creek State Park. Ms. Griffin made a couple of comments about what was discussed. Ms. Griffin believes it is important for Town to consider a strategic plan. She has the information which needs to be included in the strategic plan based on the Economic Development 101 seminar.

The Planning Department has not heard anything further on the Area 10 transit locations other than the two which were discussed at the August 23, 2010 meeting.

Eleven commercial properties on State Road 46 to Smith Pike for annexation were presented to the Council. Dan questioned how any properties have contacted the Town regarding annexation. Ms. Griffin advised only the Wrights have approached the Town about annexation. Ms. Griffin will draft a letter to the other ten properties regarding voluntary annexation for the Town Council to review at their next meeting.

A draft of the welcome pamphlet was distributed for review.

Health Insurance Renewal

Dianna Bastin reported she had a meeting with J.A. Benefits and employees were invited for their input. Employees notified Dianna Bastin of their decision as to which insurance they preferred. Ms. Bastin tallied the votes and a majority of the employees preferred to go with SIHO. SIHO has a fourteen month plan and a $500 deductible. The cost to stay with Anthem is $28,640 and the cost for SIHO is $28,762. However, a vote of the Town Council is needed. Scott Oldham stated because the Town Council asked for the employee input then they need to abide by their vote. Dan Swafford noted a health and wellness plan and a flexible spending plan were also discussed during the insurance meeting as it would save the employees money. Dianna thanked the employees for their attendance at the meeting.

Scott Oldham entertained a motion to approve the Town contracting with SIHO on their 14 month, $500 deductible health plan. Dianna Bastin so moved. David Drake seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.

Supervisor Comments

Jim Ragle, Street Department, requested approval to close Park Street to Ritter Street, and Campbell’s Park Drive from 12:00 p.m. on September 16, 2010 to 6:00 a.m. on September 19, 2010 for the Fall Festival.

Scott Oldham entertained a motion to close Campbell’s Park Drive and Park Street for the Monroe County Fall Festival at noon on Thursday, September 16, 2010 until 6:00 a.m. on Sunday, September 18, 2010. Dianna Bastin so moved. David Drake seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.

Tony Bowlen, Town Marshal, noted Temperance Street, including each cross street, will be closed from Park Street to Edgewood Drive for the Fall Festival parade beginning at 10:30 a.m. on September 18, 2010. Indiana Department of Transportation has authorized the Temperance Street closure.

Dianna Bastin, Town Council, noted on Wednesday evening of last year, people were moving their equipment in and out while Fall Festival workers and employees were in Town and out of the streets trying to keep everyone safe. Dianna Bastin asked everyone to take another route on Wednesday, September 15, 2010.

Sandra Hash, Clerk-Treasurer, informed the Town Council her part-time person found a full time job so she posted the position. There were 60 applicants, seven scheduled interviews and five individuals tested. The top test performer was Denise Jenkins and she has filled the position.

Sandra also stated the Ellettsville Chamber of Commerce is going to have their 60^th Anniversary this year. They are observing it on October 14, 2010, and they have requested permission to bury a time capsule in Memorial Park. There is already a time capsule buried in Memorial Park but the location is unknown. The Utilities Department is making the time capsule. It was advised the Ellettsville Chamber of Commerce should seek permission from the Park Board.

Privilege of the Floor

Frank Livingston. The week prior, Nicole Brown from the Planning Department, came down their street. Mr. Livingston has a drainage problem that needs to be repaired. Mr. Livingston has talked to Todd Stevenson, Drainage Engineer with Monroe County, and explained how the drainage went across the road two years before and was approximately two feet deep. Mr. Stevenson advised the County was trying to buy a culvert planer that cost about $340,000. Mr. Livingston wanted to know if the County ever purchased the culvert planer. Scott Oldham advised the Town couldn’t address this issue of whether or not the County purchased the culvert planer. Mr. Oldham asked if Mr. Livingston had talked to the town engineer and he had not. Mr. Livingston was referred to the Town Engineer, Rick Coppock. Mr. Livingston presented photographs and further explained a neighbor arranged dirt to keep the water off of her property which forced the water back on his property. Mr. Livingston has been advised to dig a new culvert and fill it with stone so the water will go to it. Mr. Oldman suggested the Town Engineer needed to look at Mr. Livingston’s drainage problem.

Dan Swafford advised Ron Hawkins, a preacher with the Turning Point Apostolic Church located on 210 W. Vine Street, is requesting a street closure on Saturday, September 25, 2010, from 12:00 p.m. until 6:00 p.m. The Town Council has granted this request the previous two years.

Scott Oldham entertained a motion to close 210 W. Vine Street on Saturday, September 25, 2010 from 12:00 p.m. until 6:00 p.m. for the Turning Point Apostolic Church. Dan Swafford so moved. David Drake seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.

Darla Brown, Town Attorney, had an issue to discuss regarding Autumn Ridge. She has provided Town Council with estimates from Greg Lauer, the attorney for Jason Walls, for finishing the sidewalks and landscaping. Estimates were provided from Pro Finish Concrete for 752 feet of sidewalk and from Abel Nursery to complete the landscaping, both totaling $14,453. Both Jim Parcel at Monroe Bank and Greg Lauer are awaiting a telephone call from her on September 14, 2010, so they can complete the necessary paperwork to extend the reduced Letter of Credit for another year. She is requesting the Town Council authorize her to send a letter to Greg Lauer and Monroe Bank authorizing the reduction in the Letter of Credit to $15,000. Dan Swafford asked Rick Coppock if the estimates will cover the costs of the work. Mr. Coppock explained when they do a bond it is usually the cost plus 25% because it costs the Town more to do the work. Ms. Brown stated it should not be a problem to set the bond at the cost plus 25%. Rick Coppock stated this work would finish the project. Ms. Brown recommended setting the Letter of Credit at $20,000.

Scott Oldham entertained a motion to reduce the bond for Autumn Ridge Holding Company, LLC to $20,000 and extend it for an additional full year. Dan Swafford so moved. David Drake seconded. Roll Call Vote: Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.

Mike Cornman, Deputy Fire Chief, appreciated the process for selecting the insurance. Deputy Chief Cornman noted he has been an employee for 26 years and every time the Town changed insurance companies, they were provided with sample policies. He believes J.A. Benefits did a poor job of presenting the health insurance plan.

Scott Oldham, Town Council, reminded everyone that the annual Fall Festival starts on September 16, 2010 and the parade is 12:00 p.m. on Saturday, September 18, 2010.

Adjournment

Dianna Bastin made a motion to adjourn. Dan Swafford seconded. Motion carried. Phillip Smith adjourned the meeting at 8:49 p.m.