TOWN OF GEORGETOWN TOWN COUNCIL MEETING GEORGETOWN TOWN HALL November 15, 2007 7:30 PM
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Gary Smith called the meeting to order at 7:30 p.m. Members in attendance were Gary Smith,
Jeff McCaffrey and Dean Hammersmith. Chris Carter and Jay Davis were absent. Doug Cook,
Clerk-Treasurer and Kim Sweet, Deputy Clerk Treasurer were present. Ken Griffin, Town
Manager was present. Stan Faith was present as Town Attorney.
Public Hearing: Additional Appropriations Major Moves
Ken Griffin said this is a requirement in the State law when we are going to spend more money
than there is in the budget. We received about $15,000 per year from the IN DoT Major Moves
Program, for two years. This is the 2nd and last year we will receive this money. This year we
are focusing on Lisa Lane. Aaron Striegel asked who made the determination that it would be
Lisa Lane. Ken stated he keeps a log of every street in Georgetown and reassesses their
condition each spring. Lisa Lane is the worst road in Town; it needed to be resurfaced last
year, but we ran out of money. Ken stated technically the Council approves the road projects
based reports he provides. Jeff McCaffrey asked do we get the money first or do we get
reimbursed? Ken stated we have already received the money. Gary Smith closed the public
hearing. Gary Smith read R07-08 for the additional appropriations. Jeff McCaffrey made a
motion to approve 2nd by Dean Hammersmith. Approved by all.
E. J. Allen – Request for Sewer Credit
Not present.
Citizen Carrie Hubbard – water use/utility bill
Not present.
Scout Andrew Sieg Bicentennial Celebration
Not present. He will not be here because he could not get everything together.
Doug Cook – Request Sewer Credit For Floyd County Hwy Dept.
Floyd County called Doug because they are using brine for the streets and would like to get a
sewer credit for the water they use in the brine mixture, since it does not go into the sewer. Mr.
Ramsey stated that brine is a pre-treatment for ice and snow. It helps the road stay safer for a
longer period of time, in the County’s engineer’s opinion. Gary Smith asked why don’t they get
an extra meter that is not on sewer. Doug Cook reported they are on Edwardsville water. Gary
Smith stated he has no problem with it but if other people have come in asking we have to give
them a credit also. Ken stated that we know that if the County fills up tanks nine times then that
is 18,000 gallons. Ken stated he has a portable water meter that Mr. Reynolds has set up for
us to rent to a private homeowner and we could set this meter up if someone wants to water
grass or whatever. This small meter, however, is not a solution to the County’s request, as
they need to use at least a 2” hose. Jeff McCaffrey made a motion to approve the sewer credit
for the Floyd County Highway Department 2nd by Dean Hammersmith. Approved by all.
There is a meter that can be put on someone’s hose and it can measure how much water that
is used to water grass, etc. When they finish using the meter then we can reduce their sewer
bill by this amount of water that ran through their garden hose. Ken stated we can rent these
meters out for ten dollars a week, or whatever the Council decides.
Ordinance Clarifying Business Licensing
Gary Smith read G07-33 an ordinance amending the business licensing law in Georgetown.
Ken stated that the way the ordinance reads now if you are not in a commercial area, as
defined by the Comprehensive Land Use Plan, regardless of the actual zoning of your property,
you do not have to have a business license and this ordinance changes that to be what we
actually practice. He noted that our actual practice is that everyone in business is required to
have a business license. Jeff McCaffrey made a motion to approve 2nd by Dean
Hammersmith. Approved by all.
Police Department – Holiday buy back – tabled from 10/18/07
Larry was not present.
Sanitation – Unpaid fine for paint in the garbage
Ken is asking the council to turn this unpaid fine over to Stan. Ken stated paint in the garbage
causes trouble on the packer and it can cause us, the Town, to be fined at the landfill. Ken
stated there has been no communication back from the citizen in violation. Jeff McCaffrey
made a motion to turn it over to Stan 2nd by Dean Hammersmith. Approved by all.
West Tower – Broadband
There is a 120 feet in the air and they are waiting for the weather to clear up to finish it.
There were no citizen comments.
Gary Smith congratulated the winners from the election. He wishes them the best they can
possibly do. He stated some of them know what they are getting into.
Jeff McCaffrey stated ditto.
Dean stated Good Luck.
Jeff McCaffrey made a motion to approve October 18, 2007 minutes 2nd by Dean
Hammersmith. Approved by all.
Ken stated fifteen months ago we discussed upgrading a sewer line from an existing manhole
up to a manhole on 64 for the Magnolia subdivision; replacing 2” and 4” pipes with an 8” pipe.
Pat Lilly, Magnolias developer, needs to move this project forward, in order for him to proceed
on his related sewer work, or he will have to put in a temporary septic tank. Mr. Lilly has gotten
a price to put the line in at $19,500. We checked that bid against Coffman and there are
several variations that need to be clarified. We could pay our part of the project, which is
$12,000, but at this time, Onsite Plumbing’s bid is not clear. He will continue to talk with our
engineer and Mr. Lilly. Ken will get the information and we can have a special session if
necessary.
Dean Hammersmith made a motion to approve claim docket 2nd by Jeff McCaffrey. Approved
by all.
Jeff McCaffrey made a motion to adjourn 2nd by Dean Hammersmith. Approved by all.
October 18, 2007 Council Meeting Minutes
Gary Smith called the meeting to order at 7:30 p.m. Members in attendance were Gary Smith,
Jeff McCaffrey and Dean Hammersmith. Chris Carter and Jay Davis were absent. Doug Cook,
Clerk-Treasurer and Kim Sweet Deputy Clerk Treasurer were present. Ken Griffin Town
Manager was present. Gordon Ingle was present as Town Attorney, representing his partner
Stan Faith, who was out of Town.
E. J. Allen – Request for Sewer Credit
Gary Smith stated she is here and does not feel like speaking, so he read her statement. She
watered her landscaping, and the water did not go through the sewer. She went over other
municipalities and how they handle situations similar to this. Gary Smith stated it has come
up a lot in the past years, in theory he agrees with her but he does not know how to fix it. He
stated we have to pay New Albany for the water that goes through the system. Gary Smith
stated there has to be a fair way of fixing this. Gary stated we had three people last month, so
we cannot say Mrs. Allen we are not going to charge you. Mrs. Allen asked if pool-people get
an adjustment, why can’t landscaping-people get an adjustment. Jeff McCaffrey stated that it is
an identification item. A man asked is there any way to have a meter put on for your sewer run
out? Ken stated that we do not have a way to put a meter for sewage. The only solution is to
put an irrigation meter in. Ken stated Mr. Reynolds goes to a Southern Indiana Water
Professionals meeting every other month, if you would like for him to find out what other
communities do, we can do that. Gary Smith stated he would like to see that. Ken stated that
the next meeting will be in January and he can bring the report to that meeting. Mrs. Allen
stated she would think New Albany and Louisville give a credit that we could. Gary Smith
thinks its something we should look into but he does not know the answer right now.
Citizen Carrie Hubbard – water use/utility bill
Gary Smith reported the results of testing on Mrs. Hubbard’s meter. It tested 99% accurate.
Carrie asked how do you know they just did not read it wrong. Ken stated they pulled the meter
out of the ground. Gary Smith stated the meter reading was accurate. Jeff McCaffrey stated his
understanding is that her plumber was also suppose to check for leaks. Carrie stated that he
has already checked. Gary talked about giving her the wholesale rate on everything above her
monthly average use. But what do you do about the sewer? Gordon Ingle stated if you don’t
know where the water went, you have to assume the water through the sewer. Jeff McCaffrey
made a motion stating we should charge her retail rate for the average use and wholesale for
any water after that and to waive any late fees on water and sewer. After significant discussion,
Gary seconded the motion but the vote was two in favor with Dean Hammersmith abstaining.
Gordon Ingle stated this means the issue is automatically tabled until next meeting, due to the
lack of the required majority vote of three votes. Carrie stated she will just pay it. Mr. Cook went
to Mrs. Hubbard’s seat and they discussed the payment process. Mrs. Hubbard inquired if the
Town could take her debit card. The answer was no we cannot.
Ordinance to Refinance Bond Anticipation Notes
Doug stated that the Bond Anticipation Notes (BANs) expired August 7th, of 2007. The bank
has agreed to extend the loan. This ordinance agrees to the loan extension. Gary Smith read
ordinance G07-32. This refinancing is for a term of 30 months. The BANs would have been
paid already had the sewer bond issue anticipated to build the new sewer plant been issued,
as projected, but lawsuits have stopped their issuance. The interest rate is 4.83%. Jeff
McCaffrey made a motion to approve 2nd by Dean Hammersmith. Approved by all.
Resolution – Authorizing Employee to use expired Vacation Time
Ken stated Mr. Myrick must have overlooked this carry over of too many vacation hours from CY
2006. To avoid him losing this time we need the Council to adopt this resolution. Jeff
McCaffrey stated he does not have a problem with the concept. Jeff McCaffrey made a motion
to approve R07-07 2nd by Dean Hammersmith. Approved by all.
Police Department – Larry Potts stated that the Police Department is going on a rotating shift
schedule. He stated 2/3 of the department is happy with this new schedule.
The second issue Chief Potts brought up is the buy back of the police officer’s holidays. Chief
schedules each officer to get seven of the Town’s Holidays and then the Town Council
traditionally buys back the other six Holidays so Chief can keep police on patrol. Treasurer
Doug Cook reported there is no money to buy back these Holidays. The board stated that they
will look at it month by month.
Utility Pipe Relocation, INDOT SR 64
The state has authorized us to go ahead and award the bid for the sewer line relocation
incidental to the widening of the bridge. INDOT is bearing the cost of relocating the sewer
pipes and we have to pay for the water pipes. The board asked how this would be paid. Ken
stated the sewer would come out of the sewer construction fund and water out of water
construction. Kim stated that we would have to get the money from the state first, because we
do not have the funds to pay for it up front. Dean Hammersmith made a motion to approve
accepting the bids for Coffman Construction for the sewer line relocation at $183,043. 2nd by
Jeff McCaffrey. Approved by all.
Streets – Repair/Resurfacing Program
We are only repaving one street and repairing the others. Gary Smith read R07-08 to utilize the
State’s Major Moves money just received into the Motor Vehicle Highway Fund. Gordon Ingle is
leaving; Stan Faith is arriving 8:35 p.m. Jeff McCaffrey made a motion to approve the
Resolution. 2nd by Dean Hammersmith. Approved by all.
Dean Hammersmith made a motion to award the annual street resurfacing and repair project
to Libs Paving for $40,400 2nd by Jeff McCaffrey. Approved by all.
Break 8:38 Reconvened at 8:45
Broadband – Bryon Songer & Ken Griffin
Bryon and Ken made a PowerPoint presentation of the Town’s broadband system; a status
report. They went over the way things have gone and what their recommendations are for the
future. On the new tower proposed for the west end of Town on the Kendall property, we could
pick 400 new customers. Jeff McCaffrey stated he appreciated the presentation. What can we
do now?
Ken Griffin stated in order to get on the Harrison County agenda he signed the rental
agreement to place a tower on the Mark and Mary Kendall property on behalf of the Town. It is
a monthly rent of $1.00 per vertical foot. This agreement is for the new west tower. Dean
Hammersmith made a motion to approve the land lease agreement with the Kendalls 2nd by
Jeff McCaffrey. Approved by all.
Parks – Softball Program
Doug Cook stated we ended the year with $700 plus.
Citizen Comments
Elizabeth Madden stated Mr. Griffin, Mr. Faith, her husband and herself were in Indianapolis
recently at hearing at the IDEM. She said there is only one permit for WWTP and that is
currently at the shop site. Do they have any plans of reapplying for a permit at the O’Brien
property? She asked what the cost of the permit from IDEM is. Ken stated in his head he
thinks it is a $110.00. Elizabeth asked are we being charged by Capital Engineering for the
informational meetings. Ken stated no we are not. She asked at this time are we only in debt
for design and consultation fees? Ken stated no we are not, much more than that. We are in
debt $500 to $600 hundred thousand. The shop site is the only active permit site. When we
pick different sites, what is the engineering fee? $85,000 Ken Griffin said was the cost to
redesign the plant to fit on the Town Shop property.
Jonathan Oliver stated at the end of Nina Drive, there is a flush hydrant under repair. The road
is torn up. When are we going to repair road? Ken said we are still working on that hydrant
repair and are trying to get it completed so we can repair the road before winter. Mr. Oliver
said that was fine; he just wanted to be sure the Town was still working on it and had not just
left the road unrepaired.
Billy Stewart asked about the County Planning Commissioners meeting. We lost the decision
on re-zoning on the sewer request, are we going to appeal? Yes, per Stan Faith. Georgetown
did a good on presentation, Mr. Stewart said. We could have done better if we had included
more demographics; i.e. agricultural, population, commuters. Are we are not giving up on this
property? No, Stan gave brief scenario of process. Mr. Steward said the consultant continues
to bill us. Only charge for what work they have done. To date, $200,000 billed. Should we just
give up on this property? Gary Smith asked where will we build? Sewer rates are going up,
debt rates increasing. If we dump this, it will cost us $3,000,000 per Gary Smith. How are we
going to pay this bill? Per Ken, the design engineers and contractor are working with us and
they know they will get paid when the work is performed. They (Capital Engineering) are
waiting on the pending election and the possible change of board before proceeding. Is
Greenville building a sewer plant? Yes. Can we do a joint project? Not financially feasible for
Georgetown to run pipes over to Greenville per Ken. Things are out of our control until zoning
change or the judge changes decision.
Nancy Foxworthy questioned about Mrs. O’Brien’s request for something nice to be built on her
property. All agreed, that no one was misinformed before Mrs. O’Brien signed the agreement.
She was aware that a sewer plant was going to be built there. Many witnesses (Doug, Ken,
Stan, etc.) Mrs. Foxworthy apologized, she said this is not what she had been told.
Billy Stewart asked about the political survey that was designed to be published in the
Georgetown Gazette. Mr. Stewart said it will cost $500 to publish that newsletter. Should the
town pay for the results of survey? Each candidate should pay for their campaign. Results
should go into the newsletter. It is information presented to the town and survey is not the only
information in the newsletter. Billy does not want to participate. Stan does not object to this
public forum. Gary stated those candidates that wish to participate should, but should be as a
paid political ad. Candy Griffin commented that communications is money will spend. Gary
said citizens appreciate the newsletter. Dean communicates with the citizens. Maybe we
should have a debate. Jeff McCaffrey said he did not have a problem with a few of my tax
dollars going to a publication; it’s a good investment for the town. If the candidates did
respond, that was their decision. Should we put the survey results in the newsletter or not? All
three of the board members present agreed to publish the information.
Councilmember Comments
Jeff McCaffrey said good luck to all of the election candidates
Dean Hammersmith had none.
Gary Smith said there are 10 ordinances that were not attested? Gary said Section 36-5-2-
10.2 states that clerk-treasurer must attest to ordinances adopted by the Town Council. The
ordinances in question were 04-02, 04-03, 04-04, 04-07, 04-08, 04-24, 04-35, 05-23, 05-26, 05-
27. Doug signed all of them but on ordinance 07-07, Doug refused to sign. Discussion on
annexation of the 1,000 acres east of Town ensued. Stan asked Doug if he understood that by
attesting he is acting as a notary public, not as a citizen. Doug said he understood that, but
because he is against the involuntary annexation, he is not signing Ordinance G-07-07. Stan
told the Council they must take this matter to Court and then the Judge may appoint a
commissioner to sign the ordinance as attestation, or the court could direct Doug to sign it.
Attesting is legally acknowledging that the board made a certain decision and as a duly elected
officer it is Doug’s responsibility to attest to the adoption of the ordinance. One solution is to
go to court and solve the issue, but it will take time. Do we want to take it to a judge? Stan said
the legal term for this process would be nunc pro tunc, a signature retroactively applied to the
ordinance. Stan gave his scenario of what would or could happen. The Town Council must
have the authority to do things above the authority of the Town Clerk. Gary called for a vote of
the Council as to whether they wanted Stan to go to Court to get this attestation issue
resolved. Gary and Dean were in favor of directing Stan to go to a judge; Jeff McCaffrey
abstained from voting. This topic will be tabled until next month.
Gary held up a large kraft envelope stating it had been presented to him by a citizen. This
packet reportedly contains sensitive material about the Town and was given to another citizen
by one of the Town’s elected officials. The packet passed to Stan for reading.
The minutes from the September 20, 2007 Regular Meeting were considered. Motion to
approve as distributed by Dean Hammersmith, 2nd by Jeff McCaffrey, all yea.
October monthly claim docket: Motion to approve by Jeff McCaffrey, 2nd by Dean
Hammersmith, all yea.
The meeting was adjourned upon a motion from Jeff McCaffrey, seconded by Dean
Hammersmith. All were in favor.
September 20, 2007 Council Meeting Minutes
Gary Smith called the meeting to order at 7:30 p.m. Members in attendance were Gary Smith,
Jeff McCaffrey, Jay Davis and Dean Hammersmith. Chris Carter was absent. Doug Cook,
Clerk-Treasurer and Kim Sweet Deputy Clerk Treasurer were present. Ken Griffin Town
Manager was present. Gordon Ingle was present as Town Attorney, representing his partner
Stan Faith, who was out of Town.
Garbage Collection Rate-Public Hearing/Consideration of Ordinance to increase Fees
Gary Smith read the ordinance G07-29 and opened the public hearing. He stated Doug and
Kim have been trying to get them to raise the garbage rates because the Town is losing money
every month. As proposed, this ordinance will raise residential rates to $15.00 per month.
Citizen Elizabeth Madden stated that for the out of town people it needs be higher than $16.50
a month. Gary Smith asked why the multifamily rate was lower. Ken reminded the Town
Council they enacted an ordinance a few months ago which gave a reduced rate to multiple
family buildings to streamline the billing process; since the ordinance states that a vacant
house cannot be charged for garbage collection. Patti Denison asked where the Town
dumping the garbage. Ken answered the Clark-Floyd landfill. She asked how many people
outside of Town receive garbage service. Ken answered 30 or 40 accounts. Patti Denison
asked if they have looked into other alternatives than raising the rates. Ken answered this rate
increase is necessary due to increases in fuel costs, dumping costs and labor costs. Patti
Denison asked if the Town looked at eliminating full time employee positions and making part
time positions for garbage collection to avoid paying benefits. Pat Green stated he pays $14 a
month for service from Industrial Disposal and Capitol Waste. Gary Smith stated the previous
board forgot to raise water, sewer and garbage rates. Elizabeth Madden asked what the out of
town people pay. It is the same rate. Elizabeth stated that out of town people should pay three
to five dollars a month more than citizens. Ken stated some towns charge more some do
not. Matthew Coomer asked if it was not proper economics to treat everyone fairly. Jeff
McCaffrey stated he agrees with what Mr. Coomer was saying but he does not know how that
connects with garbage. Ken stated the reason some towns charge more for out of towners is
because of the overhead administrative costs that are covered by taxpayer dollars, which
therefore are not being shared by non-citizens of Town. Matthew Coomer stated that they
should get charged based on the number of persons living in household. He said that he
should not get charged as much as the Brady Bunch. Billy Stewart asked if the multi-family
rate went up to the individual house rate and the out of town rate was raised, can the town
residents pay $14.00. Ken stated that there are not enough multi-family and out of town
customers to make that difference. The public hearing was closed. Jeff McCaffrey stated he is
for out of town being $18.00. Multifamily will be $15.00 for first unit and $12.00 for each
additional unit. Out of town multifamily will be $18.00 for first unit and $15.00 for each
additional unit. Commercial garbage would be $30 per month for citizens, and $36 for out of
town commercial accounts. Jeff McCaffrey made a motion to approve 2nd by Dean
Hammersmith. Approved by all.
Rainelle Woods – Initial Petition for Annexation
Ken Griffin stated they have been approached by the developers of Rainelle Woods to consider
annexing that property, again. Greg Fifer is here representing them. Gary Smith read R07-07
(the fiscal plan). Gary Smith asked if we didn’t pass an annexation ordinance for Rainelle
Woods previously. Yes, Mr. Faith read the original ordinance and found problems, and on the
advice of Mr. Faith, the Council repealed the first annexation ordinance. Greg Fifer stated when
the subdivision was initially proposed it was under our two-mile fringe. Actual soil percolation
testing has revealed the owners would be much better developing this land on your sanitary
system, instead of on septic tanks. There was a second annexation that piggy backed on the
first Rainelle Woods annexation that caused the remonstrators to attack them. All of the
sanitary sewer improvements would be at the developer’s expense. There are no
expenditures required from the Town. By introducing this proposed annexation tonight we
could set the public hearing for the week after Thanksgiving. The statute states we cannot
finalize this until 30 days after the public hearing. Matthew Coomer asked what the benefits of
annexation were. Greg stated the annexation will generate property taxes for the Town. Jeff
McCaffrey stated we would get the sewer availability fees the developer/home owners would
pay to tap on to our system. Matthew wanted the contrary viewpoint, too. Jeff answered that
this subdivision is off the beaten path and we would pick up the garbage. Judy Gresham
asked about the lawsuit. Greg Fifer stated that the Rainelle Woods owners were not sued.
Judy asked why Georgetown dropped the annexation the first time. Gary Smith stated he is
trying to figure that out. Judy stated the residents are paying for stupidity. Gary stated she lives
over five hundred feet away from Rainelle Woods and therefore she does not have any legal
standing in this matter. Greg stated annexation is a legislative action. Greg stated that if the
subdivision owners receive opposition they will defend it. Greg stated that the annexation was
dropped due to improper notice to the State of Indiana concerning the publicly owned right of
way. Greg stated if it was not for the WWTP annexation, the lawsuit would have never
happened. Patti Denison asked if this annexation is only for Rainelle Woods. Greg stated yes
and one other tract. Patti Denison stated annexation can do nothing but help the Town. Gary
Smith stated this is voluntary annexation. Billy Stewart stated these people want to be
annexed. Jeff McCaffrey asked Judy Gresham what her opposition was. Judy answered that
Floyd County planning and zoning have to approve Rainelle Woods. Greg Fifer stated
Georgetown planning and zoning has already approved the subdivision. Judy stated Floyd
County did not approve it and they will not. Judy stated that her argument is with this Town
board. Judy stated the Rainelle Woods developers have been taken by this Georgetown
Board. Greg Fifer stated his clients have no animosity towards this Town board. Judy stated
her problem is Rainelle Woods sets on caves. Judy said the Town should let them put the
sewers in but do not annex. Judy stated they will not give them nothing. Judy stated it is a
hazard on her road (Corydon Ridge Road). Jeff McCaffrey asked if the subdivision would be
any different if it was developed in Georgetown or Floyd County. She thinks it should be in
Floyd County. Ken Griffin reminded everyone there needs to be a date for the public hearing
before the Resolution can be adopted. Tuesday, November 27th is the date at 7:30 p.m. Jay
made a motion to approve 2nd by Dean Hammersmith. Approved by all. Greg Fifer stated they
need to assign an ordinance number and introduce the annexation ordinance this evening.
Gary Smith read the ordinance G07-30. Jay Davis made a motion to approve G07-30 for First
Reading. 2nd by Dean Hammersmith. Approved by all.
County Clerk Linda Moeller – Contract to operate Town Election
Doug stated Linda will not be here, but told the Council they can see a contract in front of them.
This contract is the same as what she has done in the past, if the Council wants her to do the
Town election this November, she needs this contract signed. Jeff asked why there is not a set
dollar amount shown. Doug says the cost to the Town will be whatever her expenses are.
Gary Smith stated go ahead with the agreement as it is written, as we have no way we can run
an election ourselves – no experience, no machines, etc. Jeff McCaffrey made a motion to
approve the agreement with Floyd County 2nd by Dean Hammersmith. Approved by all.
Tim Peoples – Lawn Watering /Carrie Hubbard – water use/utility bill/Eric Taylor
Mr. Peoples is here representing Power Ministries. He explained his organization got the great
idea for a fund raiser to build a home and then sell it. The home is located in Crimson Creek.
We did not realize we were coming into the best or the worst drought ever. He got the first
water and sewer bill for this new, unoccupied house and it is almost $1,500.00. Mr. Peoples
said that all of the water ran into the yard and not down the sewer. We have stopped watering
the yard as a result of these high utility bills. Gary Smith responded that he did not know what
this Council could do to help Mr. Peoples, as the Town has to pay for the water that the Town
buys. Mr. Smith asked Mr. Peoples if he was aware he could buy a separate water meter for
irrigation purposes only, and then the sewer was not charged against the use of that meter.
Carrie Hubbard reported that she had gotten a fourteen hundred dollar water bill. The utility
worker came out to check her meter and it was installed backwards. Mr. Griffin told her she
had installed her meter backwards. There is no way that this happened. Carrie stated she
knew that her utility bill was going to be high. Mr. Griffin told her that they were going to fine her
saying she turned it around the backwards. Eric Taylor spoke stating he was unaware of the
extra meter possibility and he had watered his lawn, too. He also has a high utility bill. Carrie
Hubbard stated she was treated rudely and that Mr. Griffin has told other people that she is
stealing water. Ken reminded the Council we have never adjusted water rates for watering
lawns. Gary Smith stated that whatever has been our procedure in the past, if it went through
the meter you have to pay the bill. Tim Peoples stated he has no doubt they used the water, it
is just the sewer expense he is trying to alleviate. Gary Smith stated that you cannot prove that
water did not go down the sewer. No one can actually state that the water did not go down the
sewer. Gary Smith does not see anything we can do. Gary Smith stated this has been a
problem for years. Billy Stewart asked if we can say this is a charity and just donate the money
to Power Ministries by waiving all or part of the bill. Ken states we are non-profit and we cannot
donate to another non-profit. Gary Smith asked Doug if newcomers are told they can get an
irrigation-only water meter when they come in here and sign up for utility services. Mrs.
Madden stated she was told by someone to install the additional meter. Eric Taylor told him
when he came into this office he was not told. Gary Smith stated he would love to be able to
help all three of these people, but that would be unfair to everybody else. Carrie Hubbard
asked if you cannot adjust a bill how they adjusted hers. Ken Griffin stated that he sent the
council a memo describing the Hubbard’s situation. The water consumption reported in
August was 83,000 gallons. On September 6th Town Hall gave water operator Jim Reynolds a
work order to check the meter reading. Jim’s assessment of the situation was that whoever
read the meter in late August wrote down the wrong reading or looked at the wrong meter.
With the meter backwards there was a use of 18,000 plus gallons. Ken said he cannot
address why the bill went out with an 83,000 gallon charge on it before checking the reading.
The Hubbards are the first people to live in this house. Ken stated the meter was turned
around sometime during the month of August, as we had a good reading on it on the July
reading. Carrie stated that her grass is dead; she does not even shower everyday. Mr.
Hubbard stated there have been two other people that Ken has told that we are stealing water.
Ken Griffin stated that he told the Hubbard’s builder that the meter was turned around and that
this is common practice for people who want to steal water. Carrie stated that she likes
everybody in Town Hall. Ken told her they were in the process of fining her. She told him they
did not do things like that. He told her they were hiding and watching them read the meter.
She stated there is a bolt and you have to have a tool to look at the meter. Jeff McCaffrey stated
he doubts that anyone can prove who turned around the meter. Jeff stated there is no proven
evidence of who may have done this. Ken Griffin stated Mr. Reynolds is here and he had
reported his every moved was watched by a man at the Hubbard’s house. Gary Smith stated
the question is what are we going to do about her water bill. Gary Smith stated as far as what
Ken is saying, Ken has to follow the ordinances. He bases his decisions on what goes on.
Carrie stated he was judging her and calling her a crook. Gary Smith stated he has no choice
saying some of those things. Mr. Hubbard stated without proof you are innocent. Gordon Ingle
interceded saying that looking at this from objective standpoint, we must consider if the meter
was backwards. How many months of consecutive reading do we have with a properly
installed meter? Jim Reynolds stated there was four months of readings. Town Hall asked
him to go out to check the reading is how the backwards meter was discovered. Jim Reynolds
stated he had an inexperienced reader on this particular route and he believes the
inexperienced man just got the reading mixed up. Gordon asked if the reading was wrong
because of the reverse of the meter. Jim and Ken both answered no; the reading can only be
read one way. Jim reported he had pulled the reversed meter and put in a new meter. Jim
also reported he was assured by SLC, the meter manufacturer, that a water meter will read as
accurately backwards as forwards. Ken confirmed this fact from his personal experiences in
other cities. Mr. Hubbard asked why the Town had removed the reversed meter, instead of just
turning it back around. Jim answered he pulled the meter to demonstrate the reading
reversed, or high reading. Mr. Hubbard stated you have the proof and we have nothing. Jim
has monitored the new meter and it is averaging about 125 gallons per day. Carrie wants to
know why can’t they estimate her bill at 5,000 for the month. Gordon stated the point he is
getting at is: Where did the water go? Carrie stated the contractor checked everything and
there is no leaks and her grass is horrible. Gordon stated you have to come to the decision of
where the water went. Ken stated when he talked to Mrs. Hubbard on the telephone, he is only
assuming it was her because she never identified herself, he went over the reasons that could
have occurred to cause the high water use. Carrie stated the contractor has checked her
house three times and there is no leaks. Gary Smith said that it has already been determined
that meter has been read correctly on the 2nd reading. The first reading that was reported to
Town Hall was incorrect. Gary asked could the first reading have been 8300, instead of
83,000. Ken states it’s possible but how do you explain the 9 million gallon reading. Carrie
stated her contractor stated the meter has been changed a couple of times. The original meter
froze up in March and then the next one was not registering. Gary Smith stated he is trying to
be fair. Gary asked if the meter could go berserk. Ken stated no. Gary asked if a meter can
spin out. Jim stated he has never heard of that. Ken stated the only thing he has heard of like
that is for a meter to stop spinning, stop registering. Gordon suggested can we have
someone to check the meter, table this and do not make the Hubbards pay the bill; they can
have their plumber in here at the October meeting so he can talk to us about how many times
he can check this. Gordon stated if the meter was reversed that puts a cloud on the
Hubbards. Gordon said the two issues he sees are: Where did the water go and how did the
meter get reversed. Now suddenly we do not have water leaking and we have normal
consumption. Gordon stated anything the Town does will not be done out of obligation. Jeff
McCaffrey thinks that it is only fair to them. Carrie stated the contractor spoke with Ken.
Gordon stated he cannot make that decision. Gary stated get the meter tested. Then we can
go from there. Gary Smith stated when someone comes in with a leak they have to call in a
plumber. Jim stated that part of the re-read work order was to check for a leak and there was
no evidence of a leak in the house. Eric Taylor asked if he heard right, that there was an
inexperienced reader? Jim stated yes. Carrie stated she does not know why she cannot pay
the exact same thing she paid the first month. Dean Hammersmith stated that is why we are
doing this to be fair to you. This will be tabled until next month.
Break at 9:30
Reconvened at 9:40 PM
Patti Denison & Pat Green – Wheel Damage discussion
Patti stated she wanted to address the board concerning Mr. Green approaching the board
about his mother’s car wheel. Patti stated her problem with that decision is the Town should
maintain the roads. When there is a pothole and it causes damage to vehicles, the Town
should step up to the plate. She has a problem because they did it for Dean Hammersmith
several years ago. Dean stated her damage was due to the town employees putting in a water
line. The Town had opened a trench in the road and not put any barricades or cones up to
indicate to motorists that there was now a hazard in the road. Patti stated Mr. Green’s wheel
problem was on the same premise. Gary stated it was not the same. Gary said that Pat had
previously stated he knew of the pothole but he did not report. Patti stated the employees
should have reported it. Patti asked what bearing does that have on his mother getting
reimbursed. Gordon stated a municipality is not liable unless it is shown that they knew about
the problem. Gary stated if you report a pothole and we do absolutely nothing then we are
liable. Pat Greene stated that the pothole is back again. He stated it has been fixed a couple
of times and the Town has not properly taken care. Patti asked if there are records of the
repairs. Ken stated yes. Patti responded that by Ken’s own testimony, just now, you state you
have repaired it properly. Gordon stated if there is some new evidence that can be presented
he is open to continuing the discussion, otherwise this matter should be closed. Pat stated
the fact that it has been repaired several times and keeps coming back. Patti asked every time
that we see a pothole we are required to call and report it. Gary stated if you do not want to call
us then we do not have to repair the car. Why would we be obligated to fix it, when we do not
know about it? Gary Smith told Pat Green he had received the Town’s answer last month. Pat
stated you need to fix the pothole again.
2008 Budget Consideration of Adoption
Jay Davis made a motion to approve 2008 budget 2nd by Dean Hammersmith. Approved by all.
Ken stated Mr. Cook called him today and informed him the County Auditor had informed Doug
we will not get the property tax revenues until late October. Gary Smith read an ordinance
loaning more money from Gaming Fund to General Fund in the amount of $25,000. Doug
Cook stated we will be getting $229,000 in total property tax revenue for 2007 and we have
already spent $143,000, so when we get the first payment it will be already spent. Ken said we
do not have to repay the inter-fund loans until December, why would we pay out the whole first
tax payment we get at one time. Gary said the state will not give us our property tax money.
The council has not bought anything this year. Ken was asked what have we bought this year.
Ken stated we borrowed 60 or 70 thousand dollars to fix the manholes. Gary stated I know
everybody is looking at us like we are the mean people that are spending the money. Jeff
McCaffrey stated there was an article in the Clarion about Crawford County revising their
budget. Lee Cable stated that is due to a reassessment. Jeff McCaffrey made a motion to
approve G07-31 2nd by Jay Davis. Approved by all.
Police Dept
Nothing to report.
Utility Pipe Relocation INDOT SR 64 Bridge Replacement Project
Ken stated we are still waiting on INDOT.
Town Utility Crew contract to provide other Utilities Services
The utility crew has been approached by Lanesville about them hiring our utility crew to do
emergency repairs after normal work hours. It would be extra money for our guys and the
Town. Ken stated it will not interfere with our work. Ken stated Gordon advised we would have
to draw up an interlocal agreement. Lanesville, or any other community would have to pay for
the use of manpower and our equipment. Everett Pullen stated that he was under the
understanding we were understaffed. Ken stated this is after hours. Everett asked who covers
us the next day. Ken stated someone would have to go home and go to bed. Gary stated do
you think we should have the agreement written and look at it. The consensus was to get a
draft agreement put together for the Council’s review and consideration.
Georgetown West Sewer Connections
Gary Smith read G07-27, exempting an existing septic tank from having to hook into our sewer
system. The paragraph in question is sub-paragraph E. Gary recalled what we stated last
month was as long as the tank maintained and serviceable, you don’t have to do anything. Jeff
McCaffrey made a motion to approve 2nd by Jay Davis. Approved by all.
Report on Attorney Discussions with Autumn Cove, LLC
Autumn Cove has agreed part of their job is to maintain Autumn Drive.
Report on Refinancing Wireless Broadband Fund
This issue is still in the air.
Report on Softball Program
Gary Smith asked Doug for a report on the Parks. Doug stated the park will have a $961.00
cash balance after the umpires are paid on this docket. He noted we will still have to pay Mr.
Edelen out of that balance. Gary referred to a report he had of the Park Fund revenues and
expenses, and noted that there were also Park expenses being paid out of three line items in
the General Fund. When counting the Park expenses paid by the General Fund, the Park has
actually cost almost $6,000 more to operate than it has made, while Doug has been reporting
to the Council the Park is making money. A considerable discussion ensued. Doug Cook
said that he only has to deal with Gary for 60 more days and then he will have the majority on
the Town Council. Gary responded that he should not bet on that.
Citizen Comments
Billy Stewart asked if the streets in Copperfield been turned over to the town? Ken went over
the streets that have been accepted by the Town. The reason he asked is the man that
developed is obligated to turn it over to the Home Owners Association once it is turned over to
the Town. Billy stated he has a street sign pole leaning over.
Elizabeth Madden stated last month there was an outburst that was totally uncalled for.
Elizabeth stated you are the man with gavel, addressing Gary Smith, and I expect you to control
the meeting. Lee Cable gave us a reminder of the outburst in the newspaper and I was
embarrassed. You should have controlled it. Gary Smith stated we still live in America, if Chris
Carter felt that he needed to make a statement than he can do it. Gary stated if Chris felt an
employee was trying to dress us down, then he can state that. Elizabeth stated that is not the
way she took it. She does not expect that to happen again, you are the man with the gavel.
Council Member Comments
Jeff McCaffrey asked Ken to explain the work that was going on at the former Georgetown
Reservoir property, now owned by Lawrence Gilmore, of Jeffersonville. Ken stated in March
2007, after 16 or 17 months of letters going back and forth (between the state of Indiana & Mr.
Gilmore), an erosion control plan is now being implemented. The owner was required to put a
silt fence in place, rip-rap in the throat of the dam and an “erosion blanket” on the inside walls
of the V-notch that used to be a part of the dam. He explained things in more detail.
Jeff McCaffrey made a motion to approve minutes from August 16 2nd by Dean Hammersmith.
Approved by all.
Jeff McCaffrey made a motion to approve minutes from September 5, 2007 2nd by
Dean Hammersmith. Approved by all.
Jay Davis made a motion to approve claim docket 2nd by Dean Hammersmith. Approved by all.
Jeff McCaffrey made a motion to adjourn 2nd by Jay Davis. Approved by all.
August 16, 2007 Meeting Minutes
Gary Smith called the meeting of the Town Council to order at 7:30. Members in attendance
were Gary Smith, Jay Davis, Chris Carter, Dean Hammersmith and Jeff McCaffrey. Chief
Deputy Clerk Treasurer Kim Sweet, and Ken Griffin, Town Manager, were also present. Stan
Faith, our legal counsel was present. Hardin Ellis from the Police Dept. was present.
2008 Budget – Need to set a special meeting
Kim Sweet stated there were some advertising errors in the Budget Hearing Notice and we
need to schedule a new public hearing. The Council agreed on August 30th, 2007 at 7:30 PM
for the hearing. Ken Griffin asked the Council to invite any citizens present tonight to speak
about the Budget, if anyone wanted to do so. There were no comments made. President
Smith closed the advertised Budget Hearing, announcing there would be another one on
8/30/07.
Business Owner Pat Greene – Vehicle damage from roadway
Pat asked if the town is responsible for the roads in the Town? Gary Smith stated that our
gasoline tax dollars make the repairs. Pat stated that his parents came into Town and they hit
a pothole and broke one of the wheels on their car. He feels like the Town should be
responsible. Stan stated we are not responsible for a pot hole that wears. We are not liable
for it. Pat Greene’s mother stated that other Towns accept responsibility. Stan stated he could
be wrong. Ken stated the pot hole was fixed the next day after Pat notified him. Pat stated that
he knows of other cars that have broken their wheels. Jay Davis asked how long had the
pothole been there. Pat Greene stated it had been there for over three weeks. Pat was asked if
he had reported the pot hole prior to calling Ken after his parents hit it. Pat stated he had not
reported it. Gary Smith said we cannot be liable for fixing a pot hole we do not know exists.
Stan Faith stated that he could seek legal counsel. Gary Smith stated the best we can do is
take the advice of our attorney.
Business Owner - Zac Noe
He wants to explain the benefits and savings the Town would realize by his company servicing
the Town vehicles. He went over invoices that the Town has paid for from Merritt’s Auto Center
and compared what he would charge. He is ASE Certified. He also has two ASE Certified
Master Mechanics and two ASE Certified technicians, who are not certified in every area. He
stated that there is no contract with Merritt. He is offering good service and to save us money.
Gary Smith stated he did not know if the police would go to him. Zac asked if the board was in
charge or the police? Gary stated Larry wants to go to Merritt’s. He stated we are paying 175%
mark up on parts with Merritt. Chris Carter asked if Zac has a tow truck? He answered no, he
is in the process of getting one. He stated he could get the Town’s vehicles towed for us at no
charge through an arrangement he has with a towing company. Jay Davis said he doesn’t see
why we can’t take our Utilities vehicles to this man. Chris Carter stated a verbal contract is
binding just like a written contract. Zac read from the minutes that Jeff McCaffrey stated nothing
is guaranteed. Ken asked how many ASE certified mechanics Merritt has. Zac stated to the
best of his knowledge he does not have any ASE certified mechanic. Gary Smith stated
because of vicarious liability we have to have an ASE certified mechanic. Gary Smith stated if
Merritt does not have an ASE certified mechanic, then the verbal contract does not hold water.
Gary Smith stated that we ought to discuss this in Executive Session. Stan Faith stated you
cannot talk about this in Executive Session. Ken stated we could invite Mr. Merritt and Mr. Noe
to the August 30th meeting and discuss it. Dean asked should we ask them to bring proof of
ASE certification. Gary Smith stated that whatever they want to bring. Jeff McCaffrey stated that
it was not his understanding that we had a formal contract. Gary Smith asked if we want to get
into a formal contract. Jeff McCaffrey stated he would like to see it in writing.
Citizen Ernest Firkins – sewer credit request
Was not present.
Citizen Robert Bozonski – water & sewer credit request
Was not present.
Citizen Gary Sample
Was not present.
Developers Mike & Dave Schuler – sewer credit request
Were not present.
Report – Utility pipe relocation INDOT
There is no report; we are still waiting on input and approval from INDOT.
Break 7:55
Reconvened 8:00
Ordinance Creating a Town Manager Job Description
Jeff McCaffrey asked if it should say “recommendation” instead of “requirements.” Jeff
McCaffrey asked are they requirements or recommendation? Discussion followed. Jay Davis
made a motion to approve G07-23 2nd by Dean Hammersmith. Approved by all.
Ordinance – Building Identification
This would name the Police Station after Chief Potts. Gary Smith read the ordinance. No
Comments. Chris Carter made a motion to approve G07-24 2nd by Jeff McCaffrey. Approved
by all.
Ordinance – Additional Appropriations – Motor Vehicle Hwy Fund
Gary Read the ordinance. Ken stated we have received more money than we anticipated and
an invoice from 2006 was paid in 2007. Chris Carter made a motion to approve G07-25 2nd by
Jay Davis. Approved by all.
Ordinance – Loaning Money to the General Fund
Dean Hammersmith made a motion to approve G07-26 2nd by Jay Davis. Approved by all.
Break at 8:10
Reconvened 8:16
Water – Report on automation of water meter reading
Ken stated that the first concern that was previously expressed was some people felt the
number of water meters sampled was insufficient. There were five in the first sample. This
time we sampled 30 water meters, randomly identified by a computer program designed to
make random selections. Eleven of the 30 were not within the acceptable range. We are
going for 100%, Johnson Controls states we can get 99.5% accuracy. People in opposition to
this project also stated they wanted an independent testing agency; this group of 30 was
tested by Waller Meters. Ken stated the biggest problem is the meters in the ground have a
five year warranty. The meters we are putting in the ground have a twenty year warranty. Jeff
McCaffrey asked if you can briefly explain the program. Ken explained Indiana Senate bill 516
from 2005. It states governments besides school corporations can use this performance
based program. Ken stated we would pay $52,000 back per year. We have eleven big,
oversized meters and they are traditionally the worst as far as accuracy of reporting goes. Ken
stated that the way the contract is written, if we do not realize the savings Johnson Controls,
Inc. (JCI) has to write us a check to make up the difference from the guaranteed savings
versus our actual savings. If we only get $48000 in savings, JCI would write us a check for the
difference, $4,000 in this case. Elizabeth Madden she also spoke with Edwardsville and they
are going to do so many a year, they have to replace them in ten years. They do not want to be
stuck replacing them all at one time. We have approximately 1,100 meters. Elizabeth Madden
stated at the last meeting the difference in the cost of meters from the ones we use now to
these new, radio signal meters; $20 verus $160.00. Elizabeth Madden stated she has been to
the budget meeting, and we do not have the money. Billy Stewart asked how much we would
save on labor, fuel, etc. Ken stated $48,000 per year. Gary stated they will be reassigned to
other jobs. Everett Pullen stated this is still in industry specs. Everett asked will the new ones
be 100% accurate? Everett stated that we do not have the money to make the payments.
Town Water Operator Jim Reynolds stated that data can be changed around. Jim Reynolds
said that the AWWA standard is what we are looking at. He stated we only had eight meters
that were outside of AWWA specifications, instead of 11 as Ken had reported. He stated that
22 tested correctly. (Ken reported on average meter readings, Jim reported on three readings
each for each meter.) Jim Reynolds stated the way we manage our data is the way we
manage our data. Chris Downs, of JCI, stated we have spent about a year working with the
Town. Chris Downs stated we have done about 100 of these meter replacement programs in
communities around the country. Chris said he is very comfortable with the guarantee with the
language in contract. Part of the revenue is from new sewer and water revenues due to more
accurate readings. Chris stated it is in our contract we do these, he went over schools,
prisons etc that have done this. He stated it is supported by the Indiana Department of
Commerce. It should pay for it self. Everett Pullen stated that Chris stated he guaranteed
$28,000 and that if we only make $25,000 in payments. Chris Downs stated we say you are
going to save $70,000. Billy Stewart asked if we signed a mortgage on the Town Shop
property. Ken stated that mortgage is for Broadband, and no it has not been done. Gary Smith
stated we have the opportunity to save $70,000 a year. Jim Reynolds said the other area he
challenged is the fairness issue, Chris stated that he started a year ago. Jim stated that this
gave JCI a six months advantage. Jim stated that the address was made in the legal section
of the Tribune and the F.W. Dodge Report system, they deal with construction. Why didn’t we
use like the AWWA. Ken stated that he did no put an ad in F.W. Dodge, they picked it up on
their own. Ken stated this is a performance based contract. Jim stated that all he is saying
that Johnson Controls had six months leverage. He stated he has made calls and Johnson
Controls is a good company; they have a good reputation. Chris Carter stated that it is not Jim
Reynolds’ job to look for fairness. If the other vendors do not want to bid we have been fair.
“As an employee of this Town that is not your job.”, Chris Carter said. Jim stated this Board
made him a member of this committee to research the contract. Ken said the committee that
this Board created was to finalize contract negotiations. The research had already been done.
Chris Carter stated nobody said anything about Mr. Reynolds about doing research. Billy
Stewart stated that he appreciates him doing the research. Ken stated he is getting
discouraged that the citizens think he is not doing his job. A big part of Ken’s job, he explained,
is to do research and provide information to the Town Council. He also said that at the last
meeting Mr. Striegel had brought out three addresses which he wanted letters sent to for junk.
Ken then showed a 2” 3-ring binder full of letters that he has sent out to people to clean up
their yards. Elizabeth Madden stated that she thinks it is great that we have an idea man like
Mr. Griffin. If you have a wish list that might be at the top of the list, there is a cheaper option. I
feel like we always go for the wish list. These expenditures scare her half to death. She has
been to the budget meetings. It just has to stop somewhere. She does not like it. If it comes
back and bites us in the bum, it’s just going to be well. Everett Pullen stated he set in on the
budget meeting and he has seen where we were. He told Ken he was not talking down to him
and apologized. Jeff McCaffrey stated another piece of the puzzle is if there are improvements
we have opened up those labor hours, we could say we do not need these people. Everett
stated Ken stated we need them. Ken stated it was up to the board to make a motion or not
take action. Gary Smith requested a motion to go with Johnson Controls for the meters. Chris
Carter made a motion to table until the next meeting. Jeff McCaffrey asked if this delay would
be fair to Johnson Controls. Is there other information they can provide? Billy Stewart asked if
JCI would pay for the meters up front, and we pay them off from our revenues. Ken responded
that is what this whole program and project is about – Johnson Controls setting up financing,
installing new meters, and then we pay for the meters Mr. Stewart asked for a copy of the
contract. Ken made copies and handed them out. Jay Davis 2nd the motion. Approved by all.
Quote from CMI software for the interface – moot item because it works with automated meter
reading system proposed by JCI.
Sanitation Ken asked the Council Members to look at a draft ordinance he had provided to
them which would increase the garbage collection fees from $11.00 to $15.00 for a single
family residence. There are other details in the ordinance. Ken said if the Council is
interested we have to introduce it tonight, advertise and hold a public hearing, and only after
that can a rate increase occur. Gary Smith read some of the ordinance noting that
Clerk/Treasurer Doug Cook had advised the Council this rate increase had to occur.
Wastewater – Chris Carter read from the Town’s ordinance that all residents are required to
connect to the sanitary sewer system if they are within three hundred feet of a sewer main.
Right now we have properties from 9700 SR 64 and greater that are within 300 feet and not
hooked up to the sewer system. Dean explained why. She stated back when the Town first
laid it out the Engineers, Ed Tinkle’s staff, failed to include Georgetown West in the sewer
plans. She stated her daughter had asked the Town Council why this area was not included.
The Engineer responded that they were not in town. Then said it is too late now. Gary Smith
said Ed Tinkle said he forgot. Jay asked if these homeowners are liable because the
ordinance states that they are suppose to connect. Stan read Section 53.015 of the Town’s
Code of Ordinance. The owners of all houses, buildings used for human occupancy etc. Stan
says that they have to hook on. Ken stated it is eight inch line and they could direct connect.
Gary Smith stated that there would have to be an Engineering Study. Ken stated our line goes
to the corner of Richland Drive. Gary Smith stated we are talking about quite a bit of expense
for our citizens(6). Jeff McCaffrey asked how this was brought up. Gary stated he doesn’t
know, but he got a memo on it. Candace Griffin said it seems to me like if these citizens
brought it up to the council at the time, and nothing was done, then this council should
grandfather them. To come back now and say you now have to hook on, Candace said she
was not sure about that. Chris Carter there are also people coming up to him and saying just
the opposite. Dean Stated it is some more of people not knowing the facts. Jeff stated he is
not looking to fight a battle for six people to connect. Gary Smith stated we are in discussion. If
we are going to do this we are going to write a new ordinance and put it out on the table. Jeff
McCaffrey suggested that we have Stan/Ken draft ordinance grandfathering the people into a
non-connected status. Chris Carter said he was not sure about that.
Broadband – Loan report – still pending.
Citizen Comments:
Billy Stewart asked for an update on the sewer treatment plant. Stan Faith stated we are going
in front of County Planning Commision. Gary Smith stated we are going to ask for a
conditional use on the former O’Brien property. He would like everyone to come. Billy Stewart
stated he plans to. Monday, 6:00 PM third floor.
Streets – The Town met with the Schulers regarding the Autumn Cove street problems on
August 6th. They have a meeting Monday with their attorney.
Citizen Comments:
Don Farnsley said sat here tonight and listened to people talk about nickels and dimes, and
he would like to solicit the citizens to work with him to fight against the Township Fire Board.
The point I am making is this Town operates on a little over $400,000 in property tax revenues
per year, in the General Fund. He wants to know where is your outrage? In 2006, this fire
department spent $146,000. We went from $146,000 to $1.2 million for 2007. In order to be
on this Fire Board you have to have had fire experience. Tuesday night at 6:00 County
Commissioner’s Room this board will meet. “Where is your outrage?”, Mr. Farnsley asked
again. In addition to that, there are a couple of people trying to bring common sense to this
board and the rest of the Fire Board members are going to try to get rid of those two people that
have been speaking out. The Fire Board is trying to go from a seven member Board to a five
member Board. Everett Pullen said he went to the fire meeting and they are trying to get Chris
Carter and someone else off the board. Chris stated the reason they are trying to get rid of him
is because he disagrees with the rest of them.
Chris Carter congratulated those candidates on the Democratic side that won the nomination.
Gary Smith stated he has heard a lot through this Town, everybody is going around stating the
town is broke and that it is not true. He read the paper talking about our wasteful spending.
Three police cars, a dump truck, a garbage truck, a pick-up truck, a backhoe, a police station,
etc. If that is wasteful spending then we are guilty. He went over the actions of the last board.
Do we take you tax dollars and put them in bank and say lookee here, or do we spend our tax
dollars on you? In four years we have not taken a raise. He wants to set the record straight.
Dean stated if you have a question come to us, don’t listen to rumors.
Chris Carter stated that he hopes that the new board can get Mr. Faith to stay. Gary Smith
stated that he hopes they can get Mr. Griffin to stay.
Chris Carter made a motion to approve minutes July 19, 2007 2nd by Jay Davis. Approved by
everyone except abstention from Jeff McCaffrey.
Chris Carter made a motion to approve claim docket 2nd Jeff McCaffrey. Approved by all.
Chris Carter made a motion to adjourn 2nd by Jeff McCaffrey. Approved by all.
_____________________________________________
July 19, 2007 Mtg
Gary Smith called the meeting of the Town Council to order at 7:30. Members in attendance
were Gary Smith, Jay Davis, Chris Carter and Dean Hammersmith. Jeff McCaffrey was not
present. Doug Cook, Clerk Treasurer, Kim Sweet, Chief Deputy Clerk Treasurer, and Ken
Griffin, Town Manager, were also present. Stan Faith, our legal counsel was present. Larry
Potts from the Police Dept. was present.
Pat Greene will not be here, he will be here next month.
Rosie Baker – Vegetation on Roadway
Not here
Aaron Striegel – Grass Height
Aaron stated he is president of Town’s Building Commission and he is going to give a report.
He has spoken with Gary House, the Town’s Building Official, some of the houses are not
condemnable but there are some things we can do about it. Last week the commission met
about a shed and a house. The property at 9063 Walnut, the contractor finished two years ago
but the grass is very large, mounds of dirt, building materials, etc. This poses a danger to the
children of the area. The Council would need to approve sending a letter to clean this up.
Doug Cook stated we have had nothing but problems from Mr. Gregory, the developer of this
property. Mr. Striegel stated that it is never mowed and certain areas are two feet tall. Ken
stated that he has written a letter in the past about the grass, he has not this year. He has not
addressed the building materials. Doug stated that there is not a building permit for that third
lot. Gary stated we would get a letter out to him. Gary stated that the letter will address what
needs to be done. Mr. Striegel went on to report that at 9210 High Street there is garbage,
tires, window frames, etc. Ken stated that it is 9205 High Street at which these violations exist.
Ken stated there have been letters written to this address. Larry Potts stated the people at this
house are in the process of vacating it. Doug Cook stated Mr. Hanks stated he is in the
process cleaning it up. Mr. Striegel also stated that the houses at 9095 Walnut & 9170 Walnut
Street need to be painted, and they have windows broken. Karla Perkins stated there is one on
Kelly that has been spray painted, dead animals, etc. Ken stated that we do not have any
grounds to make a person paint their house. Stan Faith stated Aaron and Gary House need to
come to his house to discuss this. Mr. Striegel also reported that 9065 High St has
mattresses, boxes, etc in the yard.
Zac Noe – New Auto & Truck Repair Center
Zac Noe thanked the council for the time. He reported he has just purchased Terry Powell’s
Auto Center. He is an ASE certified Master Mechanic. He also has four technicians working for
him, one is ASE certified. Zac Noe stated that if there is anything he can do for the Town to let
him know. Chris Carter stated that the bid has been awarded to Merritt until the end of the year
and will reopen at the end of the year.
Report Utility Pipe Relocation, INDOT SR 64 Bridge Replacement Project
Ken stated that on the 12th we had a bid opening to relocate the water & sewer lines by the
bridge. The sewer lines will be paid for by the state. We have to pay to relocate the water
lines. Their (INDOT) engineer estimated the cost to be $134,000; the low bidder was at
$175,000. Ken stated our part is $30,000. Gary Smith stated why should we pay anything?
Ken stated he cannot answer that. Gary Smith stated that IN DOT has not consulted us as a
board. Gary Smith stated we do not have a lot of water money. How are we going to come up
with $30,000 or $50,000? Doug Cook stated that they were down there surveying today. Ken
stated he is not fighting them, but understand we are in their right-of-way. Gary Smith stated
they are going to have to fix it. Stan Faith stated what is going to happen is cities are a creation
of the state, they grant corporations and I guess they can take it away. Stan stated we can
gripe but we are going to end up paying it.
Doug Cook stated he has prepared a memo regarding our finances. Doug stated after this
payroll we will have less than $6,000 in the General Fund. Doug stated our property tax rates
have been recalled. Doug stated that it will probably be October or November before we
receive property tax money. Gary Smith asked where do we stand with the Broadband loan.
Doug stated we have been turned down. There is not enough income to support a loan. He
briefly talked about some of the accounts that are in trouble. Gary Smith stated that we cannot
get money to replace water lines. We have applied for five grants and have not received them.
Ken stated that the utility workers are taking longer to pick up the garbage. He does not have
an answer. Ken stated it is taking longer and he has talked to the guys. He is aware of it but
does not have an answer. Denny Merritt states we should contract the garbage out, privatize it.
Mrs. Madden stated New Albany made a contract where they are using there garbage trucks,
and it was $13.75 per month. Gary stated that when we raised the garbage fee from $9.00 to
$11.00 you would think we took the last bean out of the pot. Jay Davis said to Ken, I know you
said you don’t have an answer, are the guys working or are they slacking up? Ken stated that
he doesn’t think they are slacking, on hot days they slow down. Ken stated he identified that
we need to raise the 25 cents to 50 cents over a year ago. Ken stated that there has been time
wasted going to the Marathon station getting drinks. Gary asked why can’t they get a drink
before they come to work. Ken doesn’t think that is all of the problem he has talked to them.
Denny Merritt asked about one man garbage trucks? Gary Smith stated he does not think it will
work on our narrow streets. Chris Carter stated one those garbage trucks you can load from
different ways. Dean stated she has noticed them around town they are hustling. Ken stated
one of the problems is we went from three days to four days per week. Ken stated when we
proposed the budget it was on three days. It should in theory be the same hours. He does not
have an answer. Ken stated part of the reason we went to four days is because of annexation.
Everett Pullen stated that it does not matter what you are saying but you are going to go
bankrupt if you do not raise the rates. Denny Merritt stated when you raise the rates why don’t
you send out comparisons. Jay Davis stated that he does believe we need to look at raising
rates. Ken stated the tipper is suppose to be low man on the pay scale. Dean asked can we
cut employees? Ken stated that it is not going to help garbage. Ken stated the only way to fix
the garbage is to radically reduce payroll or raise the rates. A resident asked about a limit on
trash? Ken stated there has historically been a limit on trash but the council waived that. Ken
stated the tonnage does not support the argument that we are picking up significantly more
garbage. A resident asked how many customers are outside of town? Ken stated with the
exception of 2 the rest are right outside of Town. A resident stated that if they are outside of
Town that it should be more. Zac Noe stated that he was paying $96.00 for a dumpster. He
does not mind paying $20 or $40 for a business. He stated in other cities they start 5:00 AM.
Ken stated we cannot do that because of our noise ordinance. Ken stated last year the utility
workers were coming in at 7:00 but we found out that they were goofing off until the supervisor
get there at 7:30 AM. Ken stated that citizens call in once or twice a day and say they were
missed. If you start at 5:00 AM that number is going to be increased. Doug Cook said we have
to increase the garbage rates. Chris Carter made a motion to increase the garbage rates to
$14 per month. Gary Smith told Chris we can’t raise the rates without an ordinance and a
public hearing. Ken stated that he will come back next month with a draft ordinance to
increase the collection fee/rate. A man stated he would not say anything bad about anyone, but
they have to be screwing off. Ken stated that he has a problem with the man stating the utility
workers are screwing off. The man replied that is what Ken stated.
Ordinance loaning money from Rainy Day to General 07-22
Gary Smith read the ordinance. Chris Carter made a motion to approve 2nd by Dean
Hammersmith. Approved by all.
Break at 8:48
Re-convened at 8:57
Police Department – Larry Potts stated we have 50 arrests as of June 1st. Larry Potts stated
we were not up to full strength until the second week of April. Larry stated he has noticed a
great increase in traffic through Town, he believes due to people traveling to the new casino at
French Lick.
Ordinance Consideration – On-call Cell Phone Policies
Ken stated there is a draft ordinance that was put together through a work session. The On-
call person will get $25.00 a day for carrying the phone and a minimum of two hours of pay for
being called in to work. All utility workers will get a chance to carry it except for the Broadband
Operator. Jim Reynolds stated the employees are happy with this. Jim stated that the only
negative was forwarding the on-call phone to a personally-owned phone. Gary Smith read the
ordinance. Chris Carter made a motion to approve G07-21 2nd by Jay Davis. Approved by all.
Report on Automation of Water Meter Reading – Mid August installation start
Ken stated that representatives from Johnson Controls and he met with Stan Faith and he had
just received the finalized contract. We can hire them separately to perform annual
performance reporting. Chris Carter asked where are going to come up initial money. Ken
responded that there is no up-front money out of pocket for the Town. Jim Reynolds said our
current meter reading system is old and can be improved. The concerns he has voiced to Ken
is more about the selection of the vendor. Jim stated if there is money, let’s buy. If there is not
money let’s not buy. Jim stated that he would like to have been more involved. Johnson
Controls are state of the art. The problem he has is that he has had two vendors we have
used asked why have they not been considered. Ken stated we advertised in newspaper. We
also sent requests for bids. Jim stated the only other concern is references. Jim stated he
would like to talk to an operator, billing clerk talk to a billing clerk. He just wanted a little bit
more thorough look at Johnson Controls. Ken stated he could not help that other potential
vendors did not look in the newspaper. Jim Reynolds stated he wished that a third party could
have tested the meters. Jim stated there are alternatives we can start small instead of large.
We can continue changing meters. IDEM suggest we change 20% of our meters annually.
Ken questioned if we can continue to replace the meters fast enough to keep up the accuracy.
Jim asked who determines the savings? Ken stated we and Johnson Controls mutually. Mrs.
Madden asked if someone contacted Edwardsville Water and asked them how they felt about
their electronic meter reads. Aaron Striegel thinks he has a voice of reason, he is talking about
bringing in a third party, I think you should do some comparison. Stan stated there is one way
to be more accurate and that is to take a random sampling. Ken stated that if we do that, we
pay. Gary asked if there is another company that could do the testing. Stan Faith stated that if
Johnson Controls wants the contract they should be willing to submit to a third party. A higher
quantity of sample gives you get a better percentage accuracy. Gary asked if Ken can get a
hold of a 3rd party before the next meeting? Ken stated if you want to have this done before the
election you are going to have to have a special meeting. Stan Faith stated the contract is
balanced. Chris Carter stated we are not losing money just because of leaks, we are losing
money because of bad meters. Mrs. Madden stated that is there a way we can identify the
meters.
Report on Water Tower Maintenance Contract Negotiation
Ken stated the contract draft from Caldwell Tanks has been settled on, we have made some
changes. Jay Davis thinks it is all fine and dandy. Chris Carter made a motion to accept
Caldwell’s contract 2nd by Dean Hammersmith. Approved by all.
Report on Attorney Discussions with Autumn Cove LLC
Stan has written their attorney a letter and is awaiting a response.
Report on Refinancing Wireless Broadband Fund
Doug reported that First Savings Bank denied our request for refinancing stating they were not
interested in land as collateral. Doug presented a letter of rejection to the Council.
Report on Softball Program
Doug Cook stated that we thought the last game would be tonight but because of weather it
will be next week. They are doing a tournament for Denzinger/White this weekend and we
encourage you all to come.
Doug Cook stated we need to start working on the 2008 budget. He would like to ask for work
session July 24th at 7:00.
Doug Cook stated the loan at First Savings Bank is coming due. Do you want to renew it for
another year? Gary Smith stated he thinks we need to renew it for another year. Dean
Hammersmith made a Motion to renew bank loan for sewer plant 2nd by Jay Davis. Approved
by all.
Chris asked where we are on annexation? Ken stated we have to wait till September
something for the remonstrance period to be completed.
Chris Carter Made a motion to approve June 21, 2007 minutes 2nd by 2nd by Jay Davis.
Approved by all.
Chris Carter Made a motion to approve the claim docket 2nd by Dean Hammersmith.
Approved by all.
Chris Carter Made a motion to adjourn 2nd by Dean Hammersmith. Approved by all.
May 17, 2007
Gary Smith called the meeting of the Town Council to order at 7:30. Members in attendance
were Gary Smith, Jeff McCaffrey, Jay Davis, Chris Carter and Dean Hammersmith. Doug
Cook, Clerk Treasurer, Kim Sweet, Chief Deputy Clerk Treasurer, and Ken Griffin, Town
Manager, were also present. Stan Faith, our legal counsel was present. Larry Potts and
Hardin Ellis from the Police Dept. were present.
Ordinance Confirmation of G06-26 Sewage Works Improvements & Bonds; and Citizen
Elizabeth Madden – Water Reclamation Facility
Stan Faith stated Ordinance G06-26 has to be specific on location of the sewer plant in order
for the bond issue to be funded. This ordinance confirmation should be taken off the agenda
because we don’t know a location yet. Stan went on to say there is great deal of confusion
about what the Town Council is doing, also I have a letter from John Kraft. John Kraft
represents the opposition in the lawsuit on the sewer plant proposed to be built on the O’Brien
property. Mr. McCaffrey said that the confusion is wide spread on what the Board is doing
about a plant location at this point. He thinks it is important to understand what our positions
are. The O’Brien property is across SR 64 from Jacobi’s; across Old Georgetown Rd from the
County Garage. Stan stated that is the primary location that we want to build a sewer plant.
That lawsuit over this location is being appealed. We sincerely believe that the judge in that
case committed enough errors that his decision will be reversed and we will be able to build it
on that property. If the appeal takes too long, if it goes beyond June 2008 we incur problems in
being able to get the plant operational in time to meet our scheduled departure from New
Albany’s system, then we would have to look at alternative sites. What we have done is we
have looked at alternative sites. The backup site is what some of the citizens of Brookstone
are worried about. There is a third site that I cannot disclose to you, that could be another
backup. There is a lead time of six months to a year. If you have to go to a secondary site it will
not take as much time to do it. We have asked for and received a permit from IDEM; that does
not mean we are going to build it there. We are actually probably going to have three sites
before it is over. If we proceed with secondary plant site that Brookstone is worried about, we
may have to go through our own zoning board. The final act is that we will have to pass an
ordinance stating that it is going to be at that site. We will send citizens notice and everyone
will have a chance to have their input. That should be fifteen to thirty days prior to that decision
vote. That event will probably not happen this Summer. There are plenty of ways to know when
we are looking at it as a final decision. The modern sewage plant does not stink, it does not
do all things that you think it does. Now if you just don’t like the idea of sewage plants, fine.
The difference of going to New Albany and having our own plant is the restriction. Their citizens
are mad everybody is mad. This is something that has to be done. They sell the sewage
treatment service retail to us and New Albany will not go down in cost. We will not be able to
control their cost. We want to put in a sewage system where we can serve ourselves at a
wholesale rate, where the cost will probably go up, I have not ever met anything that goes
down. The citizens will have some control through their votes and option to run on the Town
Council. We have to project a generation or ½ generation ahead, Stan continued to explain.
The people around the O’Brien property have the same fears. It is hard to convince people
until it happens. We have to do something with the waste we produce. We have to build a
sewage treatment plant. No one up here enjoys be yelled at. You have three months to
educate yourself on what this sewage plant does or doesn’t. At this point the primary objective
of this Board is to go to the O’Brien sewer property and setup a sewer plant. Second choice
site is the town shop, thirdly we are considering another location. There are some problems
with the third location. Mr. Skees, Bond Attorney, asked for the ordinance to be on tonight’s
agenda and we cannot vote on it until we know where we are going to put the plant. I think any
of us are willing to come out in neighborhoods in small groups so you can talk to us. There is
no reason why we can’t talk this over as fellow Georgetown citizens. This is at least twenty-two
years that Georgetown has been wrestling with its problem on what to do with its waste.
Elizabeth Madden asked when you say you don’t know where it is going to be located, the letter
states on May 3rd a construction permit. It states you have fifteen days to file an appeal. Stan
Faith replied that this is an administrative law problem with Indianapolis. Stan stated we are
putting together everything we need if the appeal on the O’Brien property fails so all we have to
do is prepare the ordinance to build the plant at a different location. Elizabeth stated that our
time is limited. Stan stated if we get the permit you can’t stop us. You can stop us if you were
able to get the permit. We went to huge expense and time to buy the O’Brien property and we
do not want to give it up. If we are stopped by the Edwardsville group, then we will have to build
it behind the Shop. We have everything ready to build it at the Utility Building but we don’t yet
have the ordinance. We are going to do the same thing with the third property. Elizabeth stated
that Mr. Griffin stated they would be good to go (to begin construction) June 1st 2007. Ken
stated what he said was we are waiting on the DNR permit and then we are good to go, but
nothing can happen until this Board gives the go ahead. Stan stated the next step we would
make would be to get our zoning board to rezone it. We will stop those steps if the court of
appeals will overturn the decision on the O’Brien property. That is our primary goal. You have
every right to go to IDEM and you could eliminate that secondary choice. Pam Edwards wants
to know the about the third property and she heard the plant does smell. Stan stated the third
property will be discussed as soon as it is available. If we have done anything improper it was
to not inform you. It sounds like the third option would be a better deal because it would affect
less homes. That land has not been available for it. John Kurtz thinks we should not rely on
New Albany anymore and we need to figure out something soon. Gary Smith stated if we stay
with New Albany our rates will continue to go up. If people are concerned about your sewer
rates now, they will probably double, they want to come after us because we can’t fight it. Any
expense we have in New Albany we have to pay our pro rata share. We are not saying that the
place behind the shop is the place to put it. Stan stated maybe at some point we can come to
you with a consensus. The cost of New Albany has to be weighed against the cost of the
plant. We can get together and discuss it and we can rationally disagree. Within the next six
months to a year. We also have to allow time for it to be tied up in court. Every time we have to
go through litigation, it escalates the cost of the plant. Don Farnsley stated many of the people
here tonight are his friends and customers, initially directly affected our two farms that are
affected. My garden center is one of them. There is a woman in this room that has criticized
me for working out a situation with Georgetown in case there is a spillage. Twenty-five years
ago this town could have had a sewage treatment plant – 95% paid by the Federal
government. People were thinking here (he motioned to his nose) not out there (he motion
way out in front of him). We are all going to be affected, if we do not do something a correction
is going to be forced upon us. I would rather do this now than the state or federal government
forcing it upon us. This new system may have a little odor but nothing like it use to have. I am
willing to take that chance, I am sitting down there on $150,000 to $200,000 worth of plants.
Todd Sans said you (Mr. Farnsley) are worried about your plants and I am worried about my
kids. Don stated you shouldn’t be allowing your kids to play in the creek now because from the
Mitsch farm there is already fecal matter in the creek. Don stated unless there is a spill, the
water from the sewer plant is probably about as clean as the water you drink. With the controls
these modern sewage plants have, a spill is virtually impossible. Stan Faith stated agriculture
run off is the greatest threat, septic tanks and any leakage of old pipes is next. For instance the
old pipes running to New Albany could be slowly leaking. We have to have something or we
could end up with a typhoid fever epidemic. There is no human system that does not pose
some risk. Nancy Foxworthy states she is from Edwardsville. She stated she did not criticize
Don Farnsley, she simply brought up the point that Farnsley got a water tap. All I am saying is,
I came to the board meetings and you came to the board meetings and asked for a tap. Nancy
stated he gets free water. The board countered that he does not get free water; he has to pay
for any water he uses. She stated their children do not have the luxury of playing in the creek.
Stan Faith stated you can see that emotions run high and I hope we are able to enter into a
rational dialogue, lets try to do it rationally. Jeff McCaffrey stated he would like to extend an
invitation, I know some of you Brookstone people and the board is willing to sit down and talk
to any of you about this problem. Sister Barbara said there was a meeting a year ago in which
she stood up and said we need the sewer plant to enable quality growth, if the second site
materializes she does not like it. She went to Wymberly Woods and met a gentleman that
works for Aqua Utility. She trusted him after talking to him and she said it is now her
understanding there is not a smell with this new system. It is ugly, but as ugly it is I support
it. She understands there will be a berm to help camouflage it. I believe this town is a great
Town. I agree with Mr. Faith that we can come to a civilized dialogue. Sister Barbara said
she thinks a lot of people are suffering from bad communication and she thinks it will be
healed tonight. Gina Emerson, on behalf of Brookstone, it is not that Brookstone does not
want a plant, we need something. I don’t want it in our back yard. It concerns me because
my daughter has asthma. Other people have been there and other people have smelled it.
How will I be able to sell my house? It could decrease our property value. Stan Faith asked
why don’t we set an example and work on this together to the point where we may end up
disagreeing, but at least let’s gather data. If we have to separate then we separate. Before
we jump to conclusions, let’s see how far down the road we can go. The court of appeals
is a rational place. Pam Edwards stated we also have a drained lake. Gary Smith said he
had always intended to turn the Reservoir into a park, before the Town sold it in 1997. Jeff
McCaffrey stated the Reservoir can be bought. An unknown man stated you may have
already thought about it, and he would like to see the information on the website. Stan Faith
stated we can set an example and we could set a dialogue. Maybe we can establish the
dialogue where we can respect each other. Let’s try to work this out and at least
experiment. Gary Smith thanked everyone for their comments and noted Sister Barbara
was probably right that the Council is probably wrong by our lack of communication. Mr.
Madden stated if he removes himself he thinks he will probably be slaughtered. He drove
by New Albany’s sewer plant twice a day for years. Why are on this earth would you want
to put a treatment plant in a flood plain, railroad, by two populous subdivisions on your main
street? Stan Faith asked Mr. Madden why don’t you help us win our appeal. Mr. Madden
said what can I do? Gina Emerson stated phase I is done we are Phase II we cannot even
sell the lots empty. Stan Faith offered if anyone wants to talk to him in his office they are
welcome, as long as an attorney does represent them, if represented you need your
attorney’s permission. If we get blocked in every direction then that is the problem. Mr.
Madden stated one thing from an Engineering stand point, the hundred year flood plain,
there is more run off now than when the flood plain maps were made. Copperfield is
growing you put more and more subdivisions and there is more run off. Chris Carter stated
that is not true because a developer today has to have detention basins in their subdivision,
to hold back the run off within the subdivision. Ken Griffin reported our engineers did a
model of flooding today and the flood plain boundaries have been modified in accordance
with that new model. Stan Faith stated Mr. Madden can talk with our Engineer, if he would
like.
Break at 8:37
Citizen Everett Pullen – Wireless Broadband
When do you think you will have your tower up and running. He is asking for a refund if it
does not work. Gary Smith stated if it does not work you can get a refund. Everett asked in
one week I can get a refund. Dean stated give us two weeks.
Brandeis Equipment Invoices
Chris Carter recommended we do not pay them. Ken Griffin stated we paid $194.00
damage waiver for two months of backhoe rental and during that rental we broke a
window. Brandeis is billing us for $1,800.00 and stating the damage waiver is not for
damage. The second bill we get a performance check. Chris Carter we should only pay the
$400.00 bill for the performance inspection. 2nd by Jay Davis. Approved by all.
Police Department
Larry Potts has one officer that has been here for ten years. Ron Hare started as a reserve
officer in 1996. Chief Potts noted that Reserve Officer Hare has worked virtually every
Friday night for the past ten years, at no cost to the Town. Larry Potts gave him a plaque
and thanked him for his support. Gary Smith stated we have one of the better police
departments in this area.
Water Division – Proposed Tank Maintenance Contract
Ken Griffin told the Council they have a letter from Utility Services Company, and you have
also have the draft contract from Caldwell Tanks. Stan Faith stated there is a section in the
contract that automatically increases the annual cost of the contract by the Consumer
Price Index each year. The contract is automatically renewed if neither party notifies the
other they want the contract to end. If you sign this contract you have agreed to the annual
price escalation, Stan said. The escalation is governed by the inflation rate. The Caldwell
tower representative stated we want to maintain the tank, but we want to be taken care of
also. This money will come out of Water Construction Fund. Gary Smith asked if we were
to sign the contract tonight when will you come out. The representative stated it is set up
for bi-annual inspection. Ken stated we just had the tank cleaned out in November. The
Utility Services Company was here to explain their maintenance program. They are the
ones that washed out our tank and originally let us know about the maintenance programs.
The Utility Services Company representative believes the maintenance program are
proposals and not bids. He stated we have the highest respect for Caldwell. Jeff
McCaffrey stated that he’s looking at the best service at the best price, he is looking at the
bottom line. He would like the opportunity to review it more. Stan Faith cautioned the board
is treading on thin ice. The fact that Utility Services Company did not understand this was a
bid is their loss. The only way to correct a bid is to cancel the contract and open it up next
year. Stan Faith stated the Caldwell contract states “reasonable under circumstances”,
Caldwell has to be reasonable but they also define what is reasonable. The Board agreed
Stan can negotiate with them. The board thinks the verbiage needs to be worked out. This
will be put on the agenda next month with a revised contract.
Ordinance Garbage Accounts for multi-family residences
Ken stated this is sanitation ordinance change we talked about last month regarding multi-
family households. Under this ordinance it would be eleven dollars for first residence and
$7.00 for each additional. Gary Smith read G07-17. Jeff McCaffrey made a motion to
approve G07-17 2nd by Dean Hammersmith. Approved by all.
Streets – Autumn Cove will not repair any more Town owned streets
Ken stated David Schuler, of Autumn Cove, LLC, telephoned him regarding the letter the
Town had sent to Mr. Schuler basically stating Autumn Cove will not repair any more Town
owned streets. They stated they are not fixing anything and they do not believe they have
anymore obligation. Stan will write a letter. Steve Hines and Mr. Schuler signed an
agreement stating that they will do whatever that Town wants.
Broadband
We built a 150 foot tower yesterday. Our Broadband employees think it will be operational
by Saturday night. Discernity did not put the original towers up high enough and now they
are being blocked by tree limbs.
Doug Cook stated that we are playing ball 14 teams on Thursday and Friday.
Daryl Riney from Brookstone, our bridge is eroding. Ken stated he went out there this
morning and he will be writing a letter to the developer.
David Gaither asked from an the annexation meeting, do you have a date in mind for a final
decision. Ken stated the date scheduled is June 14th. Gary Smith stated that he will be out
of Town. They will discuss it at the 21st meeting.
Jay Davis Made a motion to approve April 19, 2007 minutes with 2nd by Dean
Hammersmith. Approved by all.
Chris Carter made a motion to delay approval of minutes from 5/10/07 until next meeting
2nd by Jeff McCaffrey. Approved by all.
Gary Smith made a motion to strike Discernity from the docket 2nd by Chris Carter.
Approved by all.
Chris Carter made a motion to approve claim docket with a 2nd by Jay Davis. Approved by
all.
Jeff McCaffrey made a motion to adjourn with a 2nd by Dean Hammersmith. Approved by
all.
_____________________________________________________
Town Council Minutes from 4/19/07
Gary Smith called the meeting of the Town Council to order at 7:30. Members in attendance
were Gary Smith, Jeff McCaffrey, Jay Davis and Dean Hammersmith. Chris Carter was
absent. Doug Cook, Clerk Treasurer, Kim Sweet, Chief Deputy Clerk Treasurer, and Ken
Griffin, Town Manager, were also present. Stan Faith, our legal counsel was present.
Larry Potts from the Police Dept. was present.
Citizen Jeff Bird
Jeff stated he is requesting the Town complete the ditch line project on Maple Ave, in front
of his neighbor’s, and Autumn Drive roadway has become deadly. The pipeline that was put
in does help except when the rain is very heavy. He is asking the Town move forward with
these fixes. Ken Griffin passed a photograph of Autumn Drive taken last Friday. He has
identified areas for Mr. Schuler that need improvement. Gary Smith stated that we have
said before that when the subdivision is finished Mr. Schuler is going to fix Autumn Drive.
Gary Smith stated regarding the ditch, the state has cut our MVH fund. Ken stated that Mr.
Schuler stated the road was not built to specifications but he told him Mr. Schuler would fix
the road to the specifications.
Update to Ordinance Codification
There is an estimate of $2,717.00 to update the two years of ordinanes that have not been
codified. Ken was asked where this money would come from. Ken asked to table this for
another month. Jeff McCaffrey asked for a better description of what they do. Ken
explained.
Johnson Controls Design-Lease-Build Project
After your meeting with Chris Downs in March, he asked if the Town could proceed with
seeking Request for Qualifications. Ken stated his feeling is there are too many things
going on now and the upcoming election is another issue. Gary Smith expalined that a firm
came in and they want to put in all new water meters. They state they can save us over
$70,000 a year. Jeff McCaffrey stated he is all for the next step. Dean and Jay agree. Jeff
McCaffrey made a motion to approve RFQ 2nd by Dean Hammersmith. Approved by all.
Ordinance – Requiring Health Dept Directive
The council has been speaking about this for weeks. This ordinance states the proposed
annexation east of Town has nothing to do with sewer we are not trying to make people tap
in to our system, and this ordinance backs this philosphy up. Jeff McCaffrey made a
motion to approve G07-13 2nd by Jay Davis. Approved by all.
Ordinance – Authorizing Refunding of 1998 Sewer Bonds
This ordinance is a result of exploring refinancing the sewer bonds that was discussed last
month and authorized to proceed by Resolution R-07-05 at that time. What this does is
authorize them to proceed. Gary Smith read the ordinance. Jay Davis made a motion to
adopt Ordinance G-07-15 2nd by Dean Hammersmith. Approved by all.
Police Dept – Chief Potts – Report on Expenses to hire New Officer
Larry Potts stated our two new officers are doing fine. Hardin Ellis graduated from the
academy successfully. He went over the expenses to equip a new police officer. Gary
Smith asked what would his salary be if we were to hire a police officer. Ken explained the
salary would be governed by the Omnibus Wage Ordinance from 2005. Jay Davis made a
motion to spend the $4,500 on equipping the car from the CCI Fund. 2nd by Jeff McCaffrey.
Approved by all.
Water Division – Requesting Guidance on Mr. Razor’s Water Meter
Mr. Razor was not in attendance, but Ken reported this property has a new 2 inch meter.
The meter does not work correctly. He has nine valves installed. He still cannot shut the
water off from leaking through the meter. Mr. Razor stated he wants a 1 ¼” meter. Jim
Reynolds, water operator, wanted to work with Mr. Razor on calculating the size meter he
needs. Ken stated there is a leak there now. He states each month after the water loss
report they identify leaks and fix them but month after month they are not the same leaks.
Dean Hammersmith asked would we like for her to talk to him because she owns the
property. The council stated give him a choice of an 1” or 1 ½” meter.
Sanitation – Garbage Accounts for multi-family residences
The way our billing system is set up, if there is only one water meter at a multi-family
building, there is only one $11.00 charge for garbage collection. The Board has a
determined that each duplex or four-plex’s garbage rates should be required to pay $11.00
per apartment or household, as presently stated in the Ordinance.
Seasonal Garbage Collector-Ordinance
Ken stated that we have traditionally hired a contract laborer but the State says that is an
employee. Gary asked do we really need this seasonal employee? Ken stated yes. Dean
and Gary stated we need to table it for now.
Ordinance Creating Broadband Operator Position
This is back to some interactions with Discernity. Their position is now we have to have
two employees. Jon Gerry is currently working as a contractor. Gary Smith read the
ordinance. Dean Hammersmith made a motion to approve G07-12 2nd by Jay Davis.
Approved by all.
Discussion – Purchase of supply/work van for the Operator
Ken stated that this has been an issue since the people from Kansas City came. Mr. Gerry’
s mother has a van for sale. She is asking $2,000. Dean stated she knows where one is
for sale for $800. Ken will call Dean.
Parks – Report on Softball Program
Doug stated they are playing ball as we speak. It looks like we will have a church league
and a regular league for Summer Season.
Parks – Discussion – New 1st Baseline Fence
In follow up to last council meeting, Ken has a boy scout lined up to install a new 6’ chain
link fence, if the Town buys the material. We can do the first base line for $5,447.50. Gary
asked can we get by with what we have? Yes we can.
Break at 9:08
Citizen Comments
Jeff Bird announced that he is coordinating with his Regional Manager to extend the HH
Gregg Friends and Family Discount to all Georgetown employees. This would amount to
between a 10% and 15% discount, depending on the item purchased.
Council Comments
Gary Smith wanted to publicly thank the VFW Post #2950, of Corydon, donated new America
flags for outside Town Hall and at Georgetown Park.
Jay Davis thanked citizens for attending the Council Meeting.
Jay Davis moved to approve the minutes of the March 15, 2007 Council meeting. Jeff
McCaffrey 2nd and it was unanimously approved.
Douglas Cook asked whether the bill from Discernity that was on the Claim Docket should
be paid. Ken asked if the bill could please be held.
Gary Smith asked why vehicle #701, 2003 Dodge Intrepid, cost almost $1,000 to repair
when the check engine light came on. Ken Griffin and Chief Potts tried to explain the repair
expenses on the vehicle. Jeff McCaffrey asked if there was not some kind of maximum
limit against which we should require the vendor to come to the Council and ask
permission to spend this much taxpayer money. There is not currently.
Jay Davis Made a motion to approve the docket with the exclusion of Discernity 2nd by Jeff
McCaffrey. Approved by all.
Doug Cook asked the council to bring back their binders. Jeff and Dean said they would.
Jeff McCaffrey made a motion to approve 2nd by Dean Hammersmith. Approved by all.
___________________________________________
Gary Smith, President
___________________________________________
Jeff McCaffrey, Vice President
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Jay Davis, Member
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Dean Hammersmith, Member
____________________________________________
Chris Carter, Member
ATTEST:
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Douglas Cook, Clerk-Treasurer
Previous Town Council Meeting Minutes available at the Town Hall