The Ellettsville, Indiana, Town Council met in regular session at 7:30 PM, Tuesday, October 14th, 2003 at the Town Hall. David Drake called the meeting to order. Geraldine McIntyre led in the Pledge of Allegiance. Ray Freetage led in prayer.
Roll Call: David Drake
asked for roll call of the Council Members.
Members present were David Drake, Vice-President; Ray Freetage and
Geraldine McIntyre. Also present were
Sandra Hash, Clerk-Treasurer; Wes Merrian, Attorney representing Mike Spencer
and Rick Coppock, Engineer. David
Sorokoty and Lisa Combs-Creech were absent.
Supervisors
Present: Jim Davis, Jim Ragle, Ron
McGlocklin, Mike Farmer and Jeff Farmer.
Approval of the meeting
minutes for September 22nd and
Geraldine McIntyre moved to approve the minutes. Ray Freetage seconded. Motion carried.
Action to pay Accounts
Payable Vouchers
Ray Freetage moved to approve the accounts payable vouchers. Geraldine McIntyre seconded. Motion carried.
Utilities Department Status
Report and INDOT Project Update
Mike Farmer congratulated employees Joe Bowman for 15 years of service and Brian Miller for 5 years of service with the Utilities Department.
He also informed the Council
that the Utilities Department had finished the INDOT project after four and a
half long years. The project was started
on
The Utilities Department has installed within the last 5 years a total of 76,000 feet of new water and sewer mains, they have fixed 102 main breaks, installed 529 new services for homes, replaced 497 services, 98 new or replaced fire hydrants, upgraded 223 manholes and installed 88 new manholes for the sewer lines and cleaned 750,000 feet of sewer lines. In the office they have billed over 80,000 customers and managed almost 10,000 customer action and line locations requests. The Utilities Department has also helped out during the tornado, the flood and with snow removal over the last five years. The INDOT project has reimbursed to the Utilities $2,224,000.00. He pointed out that between the cooperation of the Ellettsville Utilities employees and Bynum Fanyo Utilities Management an enormous task has been completed with the INDOT project as well as the other accomplishments listed above. He thanked the Utilities Department for all of their hard work.
He commented about the political ad in the newspaper referencing the Bynum Fanyo contract with the Town of Ellettsville agreeing that it is expensive but added it is the cost of doing business when professionals are employed to run the department efficiently. He added Bynum Fanyo has not increased the rates since they have been under contract and do not plan to do so. He closed by saying the Utilities Department is currently in good financial condition and welcomed the public to review the records. He thanked the Council for supporting their contract and for allowing him to give his status report on the Utilities Department.
David Drake said it was obvious the contributions the Utilities Department have made for the Town. He’s impressed by the way they Utilities Department have used the INDOT project in conjunction with Utilities projects to improve things for the Town at no additional cost to the Town. He also congratulated all of the Utilities Department employees and Bynum Fanyo for their hard work.
Resolutions
Resolution 26-03 replacing a Director of the Ellettsville Building
Corporation
Ray Freetage read the Resolution in its entirety. David Drake explained Gary Burton resigned
his position and Jack Neal who lives at
Ordinances on First
Ordinance 03-20 to establish a fee for copies and facsimile
transmissions
David Drake read by title.
Sandra Hash explained there has been a need for this fee to be in place
for some time. Recently several large
documents have been requested which costs the Town in supplies and research. The fees collected will go into the General
Fund.
Old Business
John Litten –
Judy Litten, John’s
wife questioned if the Town could advise Rex Voils that he is in violation of his
P. U. D. plans.
John Litten said it
is advertised as a development for 50 years and older.
Wes Merrian, Attorney
explained as he understands it, the portion of the P. U. D. as proposed that
makes it a Senior Citizens Development for citizens 50 years and older is the
Restrictive Covenants. Therefore, if it
is the Restrictive Covenants within the PUD that reflects
there is an age stipulation which has been violated then that goes back
to the fact that they as homeowners must seek the legal action against Mr.
Voils to enforce the covenants and restrictions, the Town can not enforce
them.
David Drake said if
he recalls correctly when they reviewed this problem a few years ago
when Mr. Voils was trying to change the covenants and restrictions to eliminate
the age restriction to 50 or older that the Council had stopped Mr. Voils from changing
them, he thought, because the Council had realized it was written on the plat or
somewhere other than the Covenants and restrictions that the development
was for Senior Citizens. He said the
Council can stop Mr. Voils from changing the covenants and
restrictions as they were originally approved but reiterated what
Wes had said the Town can not enforce them.
He asked Wes to speak with Mike Spencer to review Mr. Voils plans to
see if any commitment was made outside of the covenants and restrictions that
the Town could enforce saying some of the wording elsewhere in the P. U. D. may
reflect Mr. Voils is bound to leave it as a Senior Citizens Development.
He summarized saying if the only place Mr. Voils ever committed to the
age 50 and older is in the Covenants and Restrictions then that is the only way
that age limit can be enforced is in the Covenants and Restrictions. If, in fact, the age restriction was made as
a commitment other than in the Covenants and Restrictions, then the Town may be
able to enforce that as part of the Planned Unit Development. He thought the age restriction was mentioned
somewhere else but is unsure.
He explained there is another issue as well that needs to be addressed
concerning Mr. Voils Development. His letter
of credit for improvements he bonded for in the amount of $308,256.63 which was
issued on February 10, 2000 expired on May 10, 2000 and has not been renewed
and the improvements have not been completed.
Therefore, he believes since the improvements have not been completed
and the letter of credit has expired this should be brought to Mr. Voils
attention.
John Litten said he
will need a letter from the Council or the attorney stating the age requirement
when he goes to his lawyer.
David Drake said
that information can be found in the Town minutes and off of the plat map. He questioned Wes if the Town could stop Mr.
Voils working since they have not completed the improvements and don’t have a
letter of credit.
Wes Merrian said yes
he believes they can stop development.
The Building Inspector can put a stop work order on Mr. Voils.
David Drake said the
most reasonable action is to allow him to complete the homes that have already
been started but that no future construction can begin until he either reinstates
his letter of credit or completes the improvements complying with the Planned
Unit Development.
Jim Davis, Building Inspector, said if the Council wants to stop Rex Voils from further development
then he will tell Rex what the Council has instructed. He pointed out that if Rex has applied for
and already paid for new permits but hasn’t started construction yet then he
may want the fee refunded to him.
Judy Litten thanked
the Council.
Ray Freetage moved to require them (Mr. Voils Construction) to have their
letter of credit as per the PUD they must comply with all the things in the P.
U. D. and if not the work will be stopped.
Geraldine McIntyre seconded. David
Drake asked for a roll call vote. Motion
carried 3-0 with Geraldine McIntyre, David Drake and Ray Freetage voting yes to
stop all development at this site until Mr. Voils meets these requirements. They instructed Building Inspector Jim Davis
to inform Mr. Voils and he said he would take care of it.
Sandra Hash said she
and Rick Coppock had composed a letter to Mr. Voils requesting a letter of
credit approximately thirty days ago and we have not received any
response.
New Business
Trick or Treat Hours
David Drake asked for a motion to set the hours from 6 to 8:30 p.m. and
request that people only go to houses with the porch lights on. Geraldine McIntyre made a motion to set trick
or treat hours from
Springs Valley section 3 Final Plat Approval
Rick Coppock said they don’t have their letter of credit ready for this
meeting.
Rick Coppock said the bond was delayed.
Rick Coppock said it
is a requirement to have a letter of credit before a final plat is approved.
Ray Freetage moved to table these two items until we get their letters
of credit on both projects. Geraldine McIntyre
seconded. Motion carried.
Community Access Television Station annual agreement for 2003
Sandra Hash
explained it is an annual agreement which deals with the fees and that nothing
has changed except it resets the amount due.
Ray Freetage moved to approve the annual agreement with CATS. Geraldine McIntyre seconded. Motion carried.
Privilege of the Floor - None
Supervisor’s Comments
Rick Coppock said
that according to Rule 13 the Notice of Intent requires a responsible party to
be named. Ray Freetage made a motion to
make David Sorokoty the responsible party for Rule 13. Geraldine McIntyre seconded. Motion carried.
Mike Farmer informed
everyone the water will be shut off between 46 and Woodyard Road from 3 to 5 p.
m. on Wednesday, October 15th.
Also the street lights will be installed and coming on soon at the
intersections.
Ron McGlocklin
presented the site plan for the new Police Station. He said he’s spoken with Smithville Telephone
and they would like to put in a new
access road for a right-of-way to get to their maintenance facility. There is enough room to allow this and the
Police could have space for 27 parking spaces.
He told Smithville Telephone they would need to come before the Council
first.
Jim Ragle said the
Masons are going to carve two statues in the
Sandra Hash
requested permission for her and Amber to attend a District Meeting in
Geraldine McIntyre
said there has been a rumor about Bloomington trying to Unigov
Ellettsville. She talked to the Mayor
and Commissioners and they have no desire to have a Unigovernment
system. Boundaries for Ellettsville were
set in a meeting a while back.
There will be a work session on October 27th at
Adjournment
David
Drake asked for a motion to adjourn. Ray
Freetage moved to adjourn. Geraldine
McIntyre seconded. Motion carried. The meeting was adjourned at
_____________________________ __________________________
David Sorokoty,
President David
Drake, Vice President
_____________________________ __________________________
Lisa Combs-Creech Ray
Freetage
____________________________ __________________________
Geraldine McIntyre Sandra
C. Hash, Clerk-Treasurer