May 14, 2001
The Ellettsville, Indiana, Town Council met in regular session at 7:40 PM, Monday, May 14, 2001 at the Edgewood Junior High Library. Members present were Jerry Pittsford, President; David Sorokoty, Vice President; Geraldine McIntyre, David Drake and Mike Cornman. Jerry Pittsford called the meeting to order. Geraldine McIntyre led the Pledge of Allegiance. Jerry Pittsford gave the prayer.
Peggy
Welch, State Representative presented $24,000 from a Build Indiana Grant to the
Town of Ellettsville for the Ellettsville Skateboard Park.
Jerry Pittsford forwarded the check to
Darlyne Sowder who in turn forwarded it to the Clerk-Treasurer to be place in a
non-reverting fund designated only for use by the Skate Park.
Appoint project
coordinator for underground utilities project
Geraldine McIntyre made a motion to move
this to the last thing on the agenda.
David Drake seconded, motion carried.
Andy Dodds, School Board
President for RBBSC commended the
Utility department for the their hard work and the response time on the
relocation of the water lines at the new construction site.
It all went extremely efficient.
He also thanked the community for their patience with the dust and road
conditions.
Government Center
David Sorokoty and Geraldine
McIntyre both agreed that we
should proceed with the recommendations made by the committee to purchase the
property west of the present Town Hall.
Jerry Pittsford announced the Fall Festival had purchased
the garage on the corner of Matthews and Main and he agreed we should proceed
with the purchase of the three properties between Town Hall and the
garage.
David Sorokoty moved to purchase the two properties plus
pursue getting the Shook house from the state. Geraldine
seconded. Mike Spencer commented it
would be better to look into the purchase of those two properties rather than
make a motion to purchase. David
Sorokoty rephrased his motion that we look into all three properties, the two
houses and the Shook House, and start negotiations. Geraldine seconded.
Motion carried.
Amended ordinance 01-5 an
ordinance to amend the Ellettsville Town Code by amending Chapter 355-Unsafe
Building Law
David Drake explained the amendment would make the
Unsafe Building Law easier to understand and work with better defining an
unsafe building.
Geraldine moved to amend Ordinance 01-5. David Drake seconded, motion carried.
NEW BUSINESS
Resolution 06-1 Transfer of Funds
Geraldine read the transfer as follows:
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WHEREAS, it has
been determined that more money is needed than is |
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currently available in certain funds and
appropriations: |
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THEREFORE,
be it resolved that the following transfers or temporary loans |
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are
hereby authorized: |
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From: |
MVH-112 |
Street Employees |
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$ 7,650.00 |
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To: |
MVH-233 |
Other Supplies |
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$ 7,650.00 |
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Jim Ragle said this transfer is needed to
purchase a lawn mower.
David Drake moved to accept Resolution
06-1. Geraldine seconded, motion
carried.
Ordinance 01-8 an ordinance to amend Title 5 of the Ellettsville Town Code by Adding a provision concerning approving a contract between the Town of Ellettsville and insight Communications Midwest, LLC
David Sorokoty read the Ordinance by title.
Mike Spencer stated he prepared this ordinance that incorporated the proposed contract with Insight Communications. He and Insight have been passing contracts back and fourth trying to come up with something that is satisfactory. It has been forwarded to Insight and we are waiting for their reply. This contract calls for a 20-year term. There are provisions in the contract for Insight to comply with. If Insight does not comply with the terms of the contract or provides poor service we can review the contract. So there are some outs if it is necessary. He can understand the board’s reservation to go with a 20-year contract just because it is such a long time. After some discussion it was agreed to request a 10-year contract from Insight. Mike Spencer will provide another version of the agreement with a 10-year term instead of a 20-year term. Mike Spencer suggested the agreement be tabled in order to revise.
David Sorokoty moved to table 01-8 an
ordinance to amend Title 5 of the Ellettsville Town Code by adding a provision
concerning approving a contract between the Town of Ellettsville and Insight
Communication Midwest, LLC. Mike
Cornman seconded, motion carried.
Ordinance 01-9 and ordinance creating a separate fund for Drug Education and Equipment Grant
Ron McGlocklin explained it was a grant from the Governors Task Force for educational equipment to be used in our DARE program or any social events where drug prevention could be promoted. The fund is needed to isolate the money and insure its use for the intended purpose.
David Sorokoty moved to approve Ordinance
01-9 an ordinance creating a separate fund for Drug Education and Equipment
Grant on the first reading. David Drake
seconded, motion carried.
Geraldine moved to adopt Ordinance
01-9. David Drake seconded, motion
carried.
Ordinance 01-10 an ordinance creating a separate fund to receive funds for the Skate Park insurance
Sandra Hash
explained this fund is needed to isolate and provide a paper trail of the
donation received from the Skate Park group for the cost of one year’s
insurance for
the Skate
Park. The donation will pass through
the town’s records and on to the May Agency.
David Sorokoty
moved to accept Ordinance 01-10 an ordinance creating a separate fund to receive
funds for Skate Park insurance on the first reading. Geraldine McIntyre seconded, motion carried.
David Sorokoty
moved to accept Ordinance 01-10 an ordinance creating a separate fund to
receive funds for Skate Park insurance.
Jerry Pittsford seconded, motion carried.
Mike Cornman moved
to adopt Ordinance 01-10. Geraldine
McIntyre seconded, motion carried.
Ordinance 01-11 an ordinance creating a separate fund for a Build Indiana Grant to the Skate Park
Jerry Pittsford
explained this is also a bookkeeping procedure need to provide a non-reverting
fund for the Build Indiana Grant towards the Skate Park.
David Drake moved
to accept Ordinance 01-11 an ordinance creating a separate fund for a Build
Indiana Grant to the Skate Park on the first reading. Geraldine McIntyre seconded, motion carried.
David Drake moved
to approve Ordinance 01-11. Geraldine
McIntyre seconded, motion carried.
Ordinance 01-12 an ordinance amending Ordinance 00-26 fixing of salaries for budget year 2001
Mike Cornman
explained the salary ordinance did not read correctly with the fire fighters
salaries ranges. A new fireman salary
was not included.
David Drake moved
to approve Ordinance 01-12 an ordinance amending Ordinance 00-26 fixing of
salaries for budget year 2001 and the motion should be retroactive to
2-13-01. Geraldine McIntyre seconded,
motion carried for the first reading with Mike Cornman abstaining.
Planned Commercial Development Plan
Jeff Fanyo, of Bynum Fanyo and Associates, representing John Seeber in the Planned Commercial
Development Plan asked for the PCD to be sent back to a special meeting of the
Ellettsville Plan Commission to look at a modification to the plan as it exists
today. Jeff had a discussion with two
of the neighbors of the proposed project and it seems there might be some
common ground. We might be able work
with Mr. Seeber and the neighborhood to come to a reasonable conclusion to the
project. We would then go back to the
Plan Commission before returning to the Council.
Joe Sanders, 4355 Deer Park Drive, expressed his desire for all the neighbors to see
the plans and not just a few. He does
not like the idea of mobile homes or sub standard modular home as an
alternative. He wants to know there
will be an opportunity for input before a decision is final it effects the
whole neighborhood and not just one or two.
Jerry Pittsford
responded the choices are, send it back to the Plan Commission, vote to reject
the plan, or we could vote to accept the plan for the Planned Commercial Development. If they want to come in with a residential
usage for that land and it
meets the criteria
for the town plan commission and they meet the town building code there is
nothing we can do to stop that.
Ann Stephens, 4250 N. Deer Park Drive, said she was one of the people Mr. Fanyo had talked
to. She explained there was another
plan on file, which is residential. It
calls for 6 modular homes. If the
Commercial plan doesn’t pass they can put in these homes. She feels it does degrade the property values
and put them in the mood to compromise.
Mr. Sanders is referring to the fact we do feel strong armed into this
position. We feel we have to compromise
on safety, traffic, on a whole list of issues.
Are we willing to compromise, yes we are, we are willing to talk to them
and be reasonable, but that doesn’t mean we don’t have a bad taste in our mouth
about the whole process. Ann called Mr.
Fanyo because the plan looked like all the trees were to be destroyed and a
modular would be placed in front of her home.
This area is not in Spring Valley and therefore would not have to with
covenants and restrictions governing the Spring Valley addition. This would be a subdivision within our
subdivision. We feel bad about the
whole process.
David Sorokoty expressed
concerns about roomers that somebody in a position said “I will get this
through for you”. It is troublesome
that one person feels they can bypass the whole process or seem to have that
much influence over the Council or Planning and Zoning Board to get a certain
plan through. Secondly when the owner
of Video World heard this we saw advertisement that Video World was coming to
Ellettsville, which is another step over the whole process. David doesn’t like the way the whole thing
has been done. We are going back and
forth. These people are left in
limbo. Six modular homes would be
within the town code, but he looks at it as hard balling them period.
David Drake
requested an answer from Mike Spencer, regarding three options:
1.
We can approve the planned
commercial development as applied for
2.
We can deny the
planned commercial development as applied for
3.
Or we can table it.
Mike Spencer
answered if you deny it you end that petition.
What they do with their land after that is their prerogative.
Jeff Fanyo added
after June 1st his client would own the property; there is no way to
get out of the option to purchase. He
has instructed us if the commercial plan does not go through he will be paying
interest as of June 1st and he wants to get on with doing what the
land is zoned for. So on June 7th
the back up plan will be considered.
David Drake feels
it would be cleaner to deny the PCD that is before us now and deal with the
residential plan that has been filed.
Don Calvert said
of the 3 options 2 of them are final.
One of them gives everyone something to work with. He would like it to stay open for discussion
and would request the presence of the Council and Mr. Land at that
discussion. If there is room for
negotiations then let us continue to work toward an agreement.
Jerry Pittsford
gave a review of the Plan Commission vote and the fact that it came to the
Council without a recommendation from the Plan Commission. He also stated when Ellettsville entered
into an agreement with Bloomington to enter into their fringe a part of the
plan included the maintaining of green space between Bloomington and the Town
of Ellettsville. An intense commercial
structure would not be consistent with trying to maintain a green space. The Town of Ellettsville looks at the
commercial development and says if it is done properly, if it doesn’t take up
to much green space, if it doesn’t destroy to many trees then possibly we can
still comply with our agreement. There
are no good options, what we are seeking to do is something that does the least
damage to the neighborhood and maintains the integrity of the town’s plan for
annexation as well.
Mr. Calvert added
the Council has a potential loose cannon, someone running around making
decisions and guarantees without discussing with the council or the
communities. It should be seriously addressed. He added the Council works for the people;
they hired you by their votes.
Mike Spencer
responded to a question on referring the plan back to the Plan Commission,
answering unless you amend the proposal you cannot refer it back to the Plan
Commission. You have 90 days from the
date of that meeting to make a decision.
If they meet and come up with another proposal in the interim that is
fine but you only have 90 days from the original Plan Commission meeting to
make a decision.
Jerry favorably
requested a motion to table the question on the Planned Commercial
Development. David Drake moved to table
the Planned Commercial Development for Highway 46 and Deer Park Drive. David Drake seconded, motion carried.
Mike Spencer
requested the final date be recorded.
The Planned Commercial Development went before the Plan Commission on
May 3, 2001. The 90-day deadline would
be August 1, 2001.
Jeff Fanyo asked
for a neighborhood contact person. Both
Ann Stephens and Tom Wedemeyer agreed to be contacts.
Rob Hood, 4345 N. Deer Park Drive, asked if the green space requirement was the same
for both commercial and residential.
Geraldine answered there were different requirements.
Jeff Fanyo
clarified if the Planned Commercial Development was approved that would become
the zoning of the property.
Tom Wedemeyer, 4260 Deer Trail Ct. #9, asked if the Planned Commercial Development is
approved can they later build behind or to the side of us or is this plan
final.
Jeff Fanyo stated
the plan included the entire two acres.
What we are asking for is a specific use for the entire two acres. The only way it could change would be to ask
for an amendment to the original plan.
Any further development of changes would have to come back to the Plan
Commission for approval. Jerry added it
would require the whole process over again.
It would require notifications, publications, and public meetings. If it was divided and sold it would also
require the same procedure.
Jerry thanked the
residents for their cooperation and courtesy in dealing with this matter.
Appointment of Project Coordinator
Mike Cornman
explained the State of Indiana requested one person be appointed as project
coordinator for the processing of information for the underground utility
project and to sign documents. This
will expedite the project. Mike Cornman
moved to appoint Mike Farmer as the project coordinator for the burial of the
utility lines in conjunction with the Highway 46 project. David Drake seconded, motion carried. Mike Cornman instructed a letter be
forwarded to the state to inform them of the decision.
MINUTES AND ACCOUNTS PAYABLE VOUCHERS
Mike Cornman made a motion to approve the
minutes and the accounts payable vouchers.
David Sorokoty seconded the motion.
Motion carried.
Jeff
Farmer requested permission
to purchase a mower at the Waste Water Treatment Plant. Permission was granted.
Jeff also announced the meeting on May 29th
will be at the Waste Water Treatment Plant with open house at 6:30.
Ron
McGlocklin announced the
upcoming calendar sales for the Police Department. It is an annual project and is handled by a firm that secures the
advertisements and forwards a portion of the fees to the Police Department as a
fundraiser. The money is deposited with
the Clerk-Treasurer.
He has turned the Police Reserves hours into
Mike Cornman.
Ron also introduced the COPS grant to the
Council. It is available to us. It is a three-year grant through the Federal
Government. It is a School Recourse
Officer. The Town qualifies for this
$125,000 grant. The deadline is June
the 15th.
Ron requested approval of a new officer to
replace Jeff Thomas who went to work for the Indianapolis Police
Department. They received 27
applications, which they narrowed to 8 for interviews. It came down to 4 candidates. The application information and
recommendation was placed in the council mailboxes on Monday May 6th. In the cover letter we requested the three
other applicants remain on file in case another vacancy became available.
We would like to recommend to the Council,
Anthony Bowlen, he is currently an Indianapolis Police Officer, he has a
Batchelor’s degree, and is certified through the Indianapolis Police
Department. He also worked for a short
time in our department before he was hired by Indianapolis. He would like to return to Monroe County;
this is where his family is from. Ron
introduced Tony to the Council.
David Sorokoty moved to hire Mr.
Bowlen. Geraldine McIntyre seconded,
motion carried.
Mike Cornman requested further discussion
for the three people to remain on a list for 12 months. He asked this be placed on the next agenda.
Mike
Spencer updated the Council
on the Canine case. They have offered
$4,000. The dog cost $6,000. I have consulted with the council in
Michigan and he advised the board to accept the money. Economically speaking it is also Mike
Spencer’s advice to accept the money and call this a day and go home. It is not satisfactory but the cost of
litigation will eat up the money you are trying to collect. Even if you get the judgment the question of
being able to collect the judgment is another issue. You would again have to use an attorney in the collection process
in Michigan. Mr. Petrangelo said it
you want to continue they will reschedule it for trial and we will
continue. We have used the entire
$2,000 retainer; any further action will require more fees.
It was asked if we could purchase the dog
Brian was currently using. Ron stated
that had never been expressed or discussed.
Ron’s dog Sarge will soon be 9 years old and has reached the end of his
useful years. Ron doesn’t feel $4000
is enough. He suggested a counter offer
of $5,000.
Jerry reaffirmed if we continue and it goes
to court we might never receive payment.
He suggested we counter offer for $6,000 and
settle for $5,000. Mike agreed to
counter offer.
Sandra Hash requested
permission to attend the State Board of Accounts conference in Indianapolis on
June 19th and 20th for both herself and Lynn Weiss her
Deputy.
Geraldine McIntyre moved to allow Sandy and Lynn to go to the State Board
of Accounts meeting. David Drake
seconded, motion carried.
David Sorokoty took three
truckloads of large items to the Solid Waste drop site from the residents in
the Heights Neighborhood Association.
They are also planning a community garage sale.
ADJOURNMENT
Geraldine McIntyre
moved to adjourn. David Drake seconded,
motion carried. Meeting adjourned at
9:10 P.M.
_____________________________ __________________________
Jerry Pittsford, President David Sorokoty, Vice President
_____________________________ __________________________
Mike Cornman David Drake
_____________________________ __________________________
Geraldine McIntyre Sandra C. Hash
Clerk-Treasurer