The Ellettsville, Indiana, Town Council met in regular session at 7:30 PM, Monday, July 22, 2002 at the Town Hall. David Sorokoty called the meeting to order and led in Prayer. Geraldine McIntyre led in the Pledge of Allegiance.
Roll Call
David Sorokoty asked for roll call of the Council Members. Members present were David Sorokoty, President; David Drake, Vice-President; Mike Cornman and Geraldine McIntyre. Also present was Sandra Hash, Clerk-Treasurer, Deborah Hudson, Administrative Assistant and Wes Marion, sitting in for Town Attorney, Mike Spencer.
Supervisors Present Jim Davis, Jim Ragle, Ron McGlocklin, Mike Farmer and Jeff Farmer.
Approval of Minutes of the regular meeting on July 8,
2002
Mike Cornman
moved to approve the minutes. Geraldine
McIntyre seconded. Motion carried.
Action to pay Accounts Payable Vouchers
Geraldine
McIntyre moved to approve the accounts payable vouchers. David Drake seconded. Motion carried.
Mike Cornman moved to approve adding resolution 14-02
to the agenda amending resolution 09-02.
David Drake seconded. Motion
carried.
Resolution 14-02 to Amend Resolution 09-02 concerning
a temporary loan
The resolution
reduces the temporary loan from the General Fund to the Cumulative Capital Development
Fund from $21,196.72 to $2,041.24.
Zoning Ordinance Update
Planning
Director Bill Land told the council that a committee is assisting him on
working on a new zoning ordinance. There have been committee meetings. The ordinance should be crafted with the
idea that Ellettsville is pro-business, family, growth and quality. All these can work together as long as we
use good planning tools. A 40-page
document should be ready by next month.
The committee will have one or two plan commission workshops to further
fine-tune the draft. After plan
commission workshops then a plan commission hearing should take place in the
fall. The ordinance could be adopted
before the first snow falls. Input is
still highly desirable. The committee
meetings are open to the public.
Resolutions
Resolution 11-02 To Adopt a Written Fiscal Plan to
Establish a Policy for Provision of Service to an Annexed Area (Wanda Jones)
Matt Cascio,
owner of Cedar Bluffs Gardens stated he was against this property having a gas
station on it. He was worried possible
gas station runoff might damage his business, which borders the edge of this
property. He said this property was
denied commercial zoning from Monroe County Commissioners. Cascio was also concerned about the legality
of annexing a shoestring property. He
was also concerned about planning for smart growth along State Road 46. He said patience was required in finding a
use for this property. He also queried
whether there were other types of commercial zoning for this parcel. David Drake noted this property owner
petitioned Ellettsville for voluntary annexation. The town is required by
Indiana Law to approve the annexation as long as they are fiscally able to
provide the services to the area. This
property was recommended C-3 or general commercial. He also said they were only approving annexation this
evening. A site plan was not up for
approval this evening. Wanda Jones’
attorney Mike Carmin noted that the council would be correcting an anomaly by
rezoning this property. He also noted
the site plan would come before the Plan Commission at a later date.
David Drake
read the resolution and moved approval of Resolution 11-02. Mike Cornman seconded. Motion carried 3-1. Geraldine McIntyre voted no.
Resolution 12-02 Insurance Reimbursement
Whereas the
Town Council, the Town of Ellettsville of Monroe County Indiana received $5,000
insurance reimbursement from EMC Insurance Companies for water damage to the
Police Department. Whereas the Town
Council should pay for the repairs made to the damaged facilities from Police
arms, radar, and equipment appropriation P-443. Now be it resolved the Town Council hereby approves increasing
appropriation P-443 by $5,000. David
Drake made a motion to adopt Resolution 12-02. Geraldine McIntyre seconded.
Motion carried 4-0
Resolution 13-02 Transfer of Funds
Michael Cornman
read Resolution 13-02. Sandra Hash
explained the transfers. David Sorokoty
requested a motion to adopt Resolution 13-02.
Geraldine McIntyre made a motion.
Mike Cornman seconded. Motion
carried 4-0.
Resolution 14-02 concerning temporary loan
David Drake
made a motion to adopt Resolution 14-02.
Geraldine McIntyre seconded that motion. Motion passed 4-0.
Ordinances
on First Reading
Ordinance 02-13 adopting Chapter 610 concerning use of
safety equipment at the Ellettsville Skate Park
Town Council
Administrative Assistant Deborah Hudson noted this was brought about for the
safety of park users. Users will be
required to wear ANSI approved equipment including: helmets, wrist, knee and
elbow guards. Not wearing safety
equipment would invoke a Class E violation.
A minimum of $25 dollars would be charged for this violation. Repeat violators could be charged $100. This ordinance also stipulates that participants
must wear shoes at all times. David
Sorokoty thought some details should have been worked through before this came
before the Council such as where the money collected will go and who would
enforce the ordinance. Mike Cornman
said Town Code states the Town Marshal shall enforce all ordinance violations
unless otherwise specified. The
obligation of the Council is to protect the Town the best we can and to
consider liabilities issues. The fund
unless otherwise specified would go into the General Fund. David Drake said this would give the Parks
Board a leg to stand on in enforcing safety equipment rules.
Ordinance 02-16 to amend chapters 441, 442 and 443 of
the Ellettsville Town Code designating speed limits, through/stop streets, and
no parking areas.
This sets a
schedule of maximum speed limit of 20 mph for Lantern Lane, Militia Court,
Musket Drive, Ironsides Drive, Cannon Court, and Deer Run. These are all in Deer Run and Green Briar
Knolls subdivisions. Through streets
would be Lantern Lane, Cannon Court and Deer Run. Stop streets would be Militia Court, Musket Drive and Ironsides
Drive. No Parking would be allowed for
Lantern Lane, Militia Court, Musket Drive, Ironsides Drive, Cannon Court and
Deer Run. David Drake noted that he would
have thought roads in the new subdivisions would have been constructed wide
enough to park on both sides.
Ordinances
on Second Reading
Ordinance 02-10 concerning the annexation of adjacent
and contiguous territory known as the Wanda Jones Property
The property is
located at 4200 and 4204 West State Road 46.
It should be assigned a zoning of C-3, general commercial. Mike Cornman noted it was good to have other
avenues to explore inside the county such as Bloomington, or Monroe County or
Ellettsville or Stinesville. David
Drake said the county planning approved this.
The
rezone was
denied by the Monroe County Commissioners.
Drake also hoped the plans for the property would have the same
protections approved by the Monroe County Plan Commission so we can do the best
we can for the surrounding property owners. Ellettsville’s standards are
probably not as strict as the counties are.
Geraldine McIntyre commented that she voted no with concerns about what
will be done about businesses along S.R. 46. David Drake made a motion to adopt Ordinance 02-10. Mike Cornman seconded. Ordinance passed
3-1. Geraldine McIntyre voted no.
Ordinance 02-14 to re-establish a Cumulative Capital
Development Fund
David Drake
made a motion to adopt Ordinance 02-14.
Mike Cornman seconded. Motion
passed 4-0.
Ordinance 02-15 to re-establish a Cumulative
Firefighting, Building and Equipment Fund
Geraldine
McIntyre made a motion to adopt Ordinance 02-15. David Drake seconded. Motion carried 3-1 with Mike Cornman abstaining.
Ed Bitner asked
about re-establishing these funds.
Sandra Hash noted the Firefighting fund was established in the 1960s and
the Cumulative Capital Development Fund was established in 1994. David Drake said it was due to the fact that
the state was changing the way property is assessed and how it is valued. The town must, in turn, change how it values
the property for these funds. This will
be published in the newspaper for remonstrance. If the community wishes to remonstrate against this, they must
follow a petition process that needs to be filed with the Monroe County
Auditor. Ellettsville is not at the
peak of these funds. Sandra added by
re-establishing these funds it will prevent a further reduction of the tax
rates due to the upcoming reassessment.
Old
Business
American Legal Publishing agreement
Deborah Hudson
researched the proposal and concluded that other towns using American Legal
were not using them to do their minutes on the internet. She also expressed concern that the personnel
policy and zoning ordinance, which are now being revised, would be addition
cost since it was not specified in the agreement. The FOLIO views software disk
is only updated annually. Other town’s prices were different. American Legal also asked for the copyright,
which gives them the right to sell it, creating a profit for them. Of the customers currently using American
Legal some are pleased with the service and some are seeking ways to do it
themselves. Bloomington does their
code. She feels the cost is too
high. David Sorokoty was concerned
about the price and was talking with someone who could teach the staff how to
update the minutes for online access.
He will get the information from him and get a proposal to the Council.
He agrees the information should be on the web site. Sandra Hash feels the town code needs checked to make certain the
old codes are not contradictory to any new ordinances, or to Indiana law and
that the Ellettsville Town Code references Indiana Code, this portion should be
professionally done. The Ellettsville
Town Code is very difficult to navigate.
Mr. McDonough verbally confirmed the personnel policy and zoning
ordinance would be included in the quoted price of $8950. Mike Cornman agreed that the code is
unwieldy. Cornman recommended tabling
the issue. Hudson did mention that the
town attorney should be responsible for citations referenced in the town
code. She agrees this needs to be done
just not at this price. She also added
the per-page price for updates would increase according to the consumer price
index. David Sorokoty assured we do
need to have this work done but we need further negotiations and proposals.
Mike Cornman made a motion to table this.
Geraldine McIntyre seconded.
Motion to table passed 4-0.
New
Business
Agreement with Meadowlands Inc. concerning sewer
easements
Town engineer
Rick Coppock noted this agreement is with the Meadowlands for them to grant
easements across their property to undeveloped property that they own for a
sewer line that is going to be constructed by Union Valley Farms
Subdivision. Originally a lift station
was to be constructed. Now a gravity
sewer will be constructed from the Union Valley Farms Subdivision that will
connect with Meadowlands. This sewer
will run through property owned by Dr. Headdy and four or five other
homes. Mike Cornman made a motion to
approve this agreement. Geraldine
McIntyre seconded. Motion carried 4-0.
Privilege
of the Floor
Supervisor’s comments
Sandra Hash – Presented council with a conflict-of-interest disclosure
statement. The lowest bid for a new
roof on town hall was from Weiss Roofing.
The spouse of Lynnella Weiss, a town employee, owns Weiss Roofing.
David Sorokoty – He showed all present a five-minute film highlighting Bybee Stone
and their participation in rebuilding the Pentagon after 9-11. Sorokoty thanked all the workers at Bybee
Stone for making Ellettsville proud.
Adjournment
David
Sorokoty asked for a motion to adjourn.
Geraldine McIntyre moved for adjournment. Mike Cornman seconded.
Meeting was adjourned at 8:58 p. m.
_____________________________ __________________________
David Sorokoty, President David Drake, Vice President
_____________________________ __________________________
Mike Cornman Geraldine McIntyre
_____________________________ __________________________
Sandra C. Hash, Clerk-Treasurer