April 12, 2004

The Ellettsville, Indiana, Town Council met in regular session on Monday, April 12^th, 2004 at the Town Hall. Patrick Stoffers called the meeting to order at 7:30 PM. Ed Bitner led in prayer and Lisa Creech led the Pledge of Allegiance.

Roll Call: Patrick Stoffers asked for roll call of the Council Members. Members present were Patrick Stoffers, President; David Drake, Vice-President; Phillip Rogers, Lisa Creech and William Evans. Also present were Sandra Hash, Clerk-Treasurer; Jeffrey York, Planning and Zoning Administrator and Mike Spencer, Attorney.

Supervisors Present: Jim Davis, Jim Ragle, Ron McGlocklin and Mike Farmer.

H. J. Umbaugh Overview Presentation – Kathy Raver and Brian Long to discuss the Fire and Police Bonds

They presented an overview of each project for the benefit of the three new Council members. Kathy stated H. J. Umbaugh was hired in April 2003 to do a Capital Projects Plan and it was concluded there was a need for new Fire and Police Stations. June through August they worked on the budget, drawings, project costs and determined the bond issue amounts needed to move forward. The Fire has been approximately one month ahead of the Police throughout most of the process. She explained for a Bond Issue on each project several public hearings were needed including getting the approval of the Department of Local Government Finance in Indianapolis. The Fire Project was presented to the Department of Local Government Finance in August and the Police Project was presented in September. Approximately a month later for each perspective project State approval was received and the construction bids were prepared and brought before the Council on December 22^nd for the Fire and on February 23^rd for the Police. They proceeded with the bond sale and finally a closing on each project. The bonds for the Fire Station were sold on January 22^nd and closed on February 4^th, 2004. The bonds for the Police Station were sold on March 18^th and closed on March 30^th, 2004. Interest rates came in better than originally expected. She gave a final bond pricing comparison with original estimated rates and final rates for both projects. She pointed out the annual lease rental payments, total interest costs, total capitalized interest expense, debt service tax rate and homeowner tax impact. The final rate for the Fire is 4.4781% and the Police is 4.4310% stating we had hit the market at a good time for rates. She closed by congratulating the Council on the successful bond sales and stated both buildings will be a great asset to the community.

Patrick Stoffers thanked them both for coming tonight.

Approval of the meeting minutes for March 8^th and March 24^th, 2004

Williams Evans made a motion to approve the minutes for March 8^th and March 24^th, 2004. Lisa Creech seconded. Motion carried.

Action to pay Accounts Payable Vouchers

Lisa Creech moved to pay the accounts payable vouchers. David Drake seconded. Motion carried.

Public Hearing for the Briargate / Richland Plaza Annexation Area

Attorney Steve Emery representative for some of the Briargate residents pointed out that the State Annexation laws have changed and are now more favorable to remonstrance. He explained his clients in Briargate oppose the annexation. He said there are four criteria that need to be met in order to oppose the annexation successfully.

1. 65% of the owners have to oppose the annexation and he believes 70% or 72% currently oppose it and are willing to sign against it.

2. The Police, Fire and Streets have to be maintained or serviced by other government entities. Monroe County already provides Police protection and Street maintenance for Briargate and although Ellettsville Fire Department serves the area it is through a contract with Richland Township.

3. Impact on residents financially. They may see a reduction in Township rates due to the shift in fire provision from the Township Trustee to the Town rates, however, residents’ overall tax rate would increase by .48 - .50 per 100 if annexed into the Town.

4. The annexation might not be in the best interest of the proposed annexed area and the burden of proof that the annexation is in their best interest falls on the Town. Some of the reasons they believe why it wouldn’t be in their best interest is the difference in rules and regulations regarding County and Town Ordinances for example concerning smoking, signs, zoning and noise.

They believe they will be able to meet the criteria and defeat the annexation through the remonstrance process. He was requested to present this information tonight to encourage the Council to not pass the annexation to avoid a formal remonstrance.

David Drake pointed out this was only the public hearing tonight and no action will be taken. They have between 30 and 60 days after the public hearing to either pass or deny the ordinance.

Public Comment:

John Williams wanted to remind everyone that the Township has been in partnership with the Town to support the schools for 40 years and have had to bear their part of the burden over the years. The Township supports an estimated 1820 students and the Town supports an estimated 468 students. Richland Township has always gone along with the Town’s needs. He also mentioned the Library’s proposed expansion will be supported by the Township and will probably pay 3 times as much as the Town. He stated he doesn’t feel the contingency requirement has been met between the two properties for this annexation.

Patrick Stoffers closed the Public Hearing discussion when no further comments were made known.

Resolutions

Resolution 10-04 to expand coverage of the Public Employer’s Retirement Plan

Sandra Hash read the resolution in its entirety. This Resolution expands the PERF coverage to include the position of Planning and Zoning Administrator. Lisa Creech made a motion to approve Resolution 10-04. David Drake seconded. Motion carried.

Resolution 11-04 designating certain Real Estate as an Economic Revitalization Area (Smithville Telephone – 1600 W. Temperance Street, Ellettsville is requesting a ten year tax abatement)

Sandra Hash read the resolution in its entirety.

Attorney Steve Emery representing Smithville Telephone Company explained there are two older structures east of the main office which have been used as warehouses. They will be torn down and rebuilt into offices and warehouse space.

Darby McCarty, Smithville Telephone, said it will be to consolidate the Engineering Department, that’s presently in the commercial office, and the supervision so there will be one reporting point. They will be consolidating the operations they have in the Jack’s Defeat Mall and in their Bloomington facility into the main business office in Ellettsville.

Attorney Steve Emery added the forty or so Smithville employees that have been located at different areas will be brought to this area and approximately seven to ten new jobs will be created. He went on to explain under the Property Tax Abatement Statues in order to proceed with a request for a tax abatement the property must first be designated by the local municipality as an Economic Revitalization Area. Therefore, his client is requesting the area be designated as an Economic Revitalization Area and after that they will be requesting the abatement. If granted the abatement there will be chances to monitor the abatement because Certificates of Compliance have to be filed

each year with the Auditor along with a review hearing each Spring to make sure tax abatement is approved for each year to make sure the building has been built, jobs in place, improvements have been made. Therefore, the Council can review the abatement each year.

Lisa Creech made a motion to adopt Resolution 11-04. David Drake seconded. Motion carried with William Evans abstaining due to a conflict of interest since he is employed by Smithville.

David Drake stated Smithville Telephone is one of the “crown jewels” of Ellettsville and is happy they want to stay here and expand. He encouraged the Town to help them in this process.

Ordinances on First Reading

Ordinance 04-08 to amend Title XV of the Ellettsville Town Code entitled “Land Usage” concerning Parking, Loading and Driveways

Lisa Creech read the synopsis of the proposed amendment prepared by Jeffrey York and commended Jeffrey for his hard work on drafting this ordinance.

David Drake agreed stating it is a good policy.

Jeffrey York commented he and the Plan Commission had met twice to discuss his proposal.

Ordinances on Second Reading

Ordinance 04-07 to amend Title VII of the Ellettsville Town Code entitled “Traffic Code”

David Drake read Ordinance 04-07 in its entirety. This ordinance deletes the Main Street speed limit of 20 miles per hour from chapter 73 for the Ellettsville Town Code Title VII. Lisa Creech made a motion to adopt Ordinance 04-07. David Drake seconded. Motion carried.

Old Business - None

New Business

Interlocal Agreement with Monroe Regional Sewer District and City of Bloomington Utilities

Mike Farmer explained a proposal for an Interlocal Agreement between Ellettsville Utilities, the City of Bloomington Utilities and Monroe Regional Sewer District. This Agreement would allow each entity to help out the others in times of emergency. In the past the City of Bloomington Utilities helped Ellettsville with sewer problems and likewise Ellettsville has assisted Monroe Regional Sewer District. This Agreement would give official approval from the perspective governing Boards.

In September of 2002 the City of Bloomington Utilities and Street Department came to help out Ellettsville during the tornado disaster. He recommended broadening the Agreement to include other Departments as well. He will forward the agreement to Mike Spencer and have an official proposal ready for the Council at a future meeting.

Donation of needed Right-of-Way to INDOT for re-opening Campbell’s Park Drive

Sandra Hash explained the Engineer from Woolpert in charge of doing the project needed to get the paperwork from the State Acquisition Office before he could proceed with acquiring the right-of-way. There isn’t enough information at this point.

Privilege of the Floor

Kevin Daily said he came tonight as a representative for the residents of Vine Street. He stated when Highway 46 was under construction during the last three years the construction traffic used Vine Street extensively and damaged yards, sidewalks and

roads and they have not been repaired as promised. Another issue he stated is the house at 409 Vine Street which is reported as having roaches, rats and uninhabitable. It burned down at the beginning of the year and most of the trash has been cleaned up but now it is being used as a storage facility for appliances on the front porch. He stated he has a petition signed by the Vine Street residents requesting the Town to address this problem. This house is not a tribute to the Town’s proposed Beautification Plan he has read about in the Herald-Times. He said the Town has been divided by the two-way pair and this house is an example that the heart (middle) of the Town is being ignored. He said to start the beautification by taking care of this problem house.

Lisa Creech stated she has taken numerous complaints about this house and with Deputy Clerk Amber Ragle’s help have sent out several certified letters about this house. This house has been very hard to deal with and is an eyesore as well as a health and safety hazard. They have tried to deliver three letters unsuccessfully. The time has expired for the owner to clean up the property so now the Street Department can go in and clean it up. She has spoken to Jim Ragle and his crew will be cleaning up the outside area next week. Since the house was burned it is a safety hazard and she is going to speak with Mike Spencer about having the home officially condemned. She added Jeffrey York has worked on this problem as well.

Jeffrey York reiterated that certified letters have been sent out and returned and now the Town can start the process of the Unsafe Building Law from the State Code. He has spoken with Attorney Mike Spencer and Jim Gerstbaurer of the Monroe County Building Department about this issue. The Town has to follow State Code which states the Town can not trespass, therefore, they can not go in until an official inspection has been conducted which has been scheduled.

Supervisor’s Comments

Jim Davis said Ed Bitner had brought up concerns about his address at the last meeting stating that 911 and the Post Office didn’t know how to find him. Therefore, Jim asked Deputy Chief Mike Cornman to clarify the change of address process to Ed, the Council and anyone else who was concerned about their address.

Mike Cornman stated he and Fire Fighter Chris Clouse were appointed by the Plan Commission to take care of assigning new addresses and any necessary revisions. He researched Ed Bitner’s address change stating Ed was sent a certified letter on April 8^th, 2003 stating his address would be changed from 430 E. Main to 202 W. Main Street effective on June 1, 2003. In this letter it stated Ed had the right to appeal this decision before the Plan Commission. Ed signed for the letter on April 16^th, 2003. At the same time residents were informed of their address changes the major services of the community were informed also as a complimentary notification. The following services were informed Ellettsville Utilities, Smithville Telephone Co., Cinergy, Vectren, Insight Cable, U. S. Post Office, Richland Township Assessor, Smithville Telephone E-911, Central Dispatch, Monroe County Emergency Management, Ellettsville Police Department, Bloomington Hospital Ambulance Service, Indiana State Police, Ellettsville Fire Department, R. B. B. Community School Corporation Transportation, Bloomington-Monroe County Address Committee, Monroe County Voter Registration, FEMA Flood Plain Management. The letter to Ed also explained he must notify the Post Office of the change within 18 months from the date of the change. The letter also stated the E-911 personnel would be notified of the address changes immediately. They checked with Smithville Telephone and Central Dispatch and the correct phone number corresponds with Ed’s new address. Likewise, Smithville Telephone notified Ed by letter on November 20^th, 2003 of the change. He reiterated it is up to the landowner to inform and give official notification to local services of his address change. They only notify the non-emergency services as a courtesy it is not required.

Ed Bitner stated he didn’t say the Fire Department didn’t do their job and wasn’t accusing anyone. It wasn’t the people in Monroe County that had an issue with his new address it was the people outside of Monroe County who said his new address wasn’t a valid address. He also notified Vectren, Cinergy and Voter Registration about

his address change. He believes the Fire Department sent the notification but apparently they didn’t receive the complimentary notification.

Sandra Hash stated Amber and she will be attending the League of Municipal Clerks and Treasurer’s Conference in Fort Wayne next week through and including Thursday. The office will remain open during their absence however, because Donya will be in the office her two days and Jeffrey agreed to take care of the office phones on the other two days. Also Becky in Utilities will be accepting and receipting in any monies for Clerk’s office during that time.

William Evans wished his wife, Diana Happy Birthday.

Lisa Creech apologized for her absence at the last Executive Session which was due to a death in family.

She recommended making Jeffrey the Deputy Health Officer so he could have equal authority. Lisa made a motion to adopt the Planning and Zoning Administrator, Jeffrey York as Deputy Health Officer. David Drake seconded. Motion carried.

Lisa would like to recommend and appoint Jeffrey York to the Ellettsville Area Economic Development Commission. Jeffrey accepted the appointment. Lisa made a motion to appoint Mr. York as the liaison to the Ellettsville Area Economic Development Commission. William Evans seconded. Motion carried.

Adjournment

Patrick Stoffers asked for a motion to adjourn. Lisa Creech made a motion to adjourn the meeting. David Drake seconded. Motion carried. Meeting adjourned approximately at 8:37 PM.

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Patrick Stoffers, President David Drake, Vice President

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Lisa Creech Phillip Rogers

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William Evans Sandra C. Hash, Clerk-Treasurer