October 8, 2007
The
Ellettsville, Indiana, Town
Council met in regular
session on Monday, October 8, 2007, at the Fire Department Training and Conference
Room. Dan Swafford called the meeting to
order at 7:30
p.m. Phillip Rogers led the Pledge of Allegiance. Dan Swafford asked for a moment of silence
for the passing of a former Town Marshal, Don Kutser. Phill Smith led in prayer.
Roll Call: Members
present were Dan Swafford, President; Dianna Bastin, Vice-President; Ted
Robertson, Phillip Rogers and Phill Smith. Sandra Hash, Clerk Treasurer and Rick Coppock,
Town Engineer were also present. Mike
Spencer, Attorney was on vacation.
Supervisors Present: Jim
Davis, Gary Darland, Mike Farmer and Frank Nierzwicki were present.
Approval of the minutes
Phill
Smith made a motion that we approve the minutes for the meeting September 24,
2007. Dianna Bastin seconded. Motion carried.
Action to Pay Accounts Payable Vouchers
Dianna
Bastin made a motion we take action to pay Accounts Payable Vouchers. Phillip Rogers seconded. Motion carried.
Ordinances on Second Reading
Ordinance 07-10 to annex 10 acres at
4125 West State Road 46 and 3824 West Forrest Park Drive – Don Cowden and Brett
and Barbara Haley petitioners
Frank Nierzwicki, Director of Planning Services presented the voluntary
annexation for approximately 10 acres on the corner of Smith Pike and State
Road 46. This annexation includes half
an acre, around the corner, where a daycare center located. The Plan Commission has recommended this for approval. Dianna Bastin clarified this annexation does
not include Arby’s nor the Member’s Choice Credit Union but it does include the
new IU Credit Union and the area with the mulch business.
Phill
Smith made a motion to pass Ordinance 07-10 to annex 10 acres at 4125 West State Road 46 and 3824 West Forrest Park Drive – Don Cowden and Brett and Barbara Haley
petitioners. Phillip Rogers
seconded. Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; Ted
Robertson – yes; Phill Smith – yes; Phillip Rogers – yes. Motion carried 5-0.
New Business
Owen County Bank request a water
availability letter for 3419 West
State Road 46 (former Baxter Property)
Rick
Coppock is
requesting a letter of water availability for the property located at the new
intersection of State Road 46 and Arlington Road to present to the County Plan Commission. There used to
be rental units on the property and they are proposing to abandon the prior
service lines and run a new service to the proposed bank building. Dan clarified it is in our realm to provide
water.
Dianna
Bastin made a motion that Dan signs a letter, as Town Board President, for
water service availability for 3419 West State Road 46, Owen County State Bank. Phillip Rogers seconded. Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; Ted
Robertson – yes; Phill Smith – yes; Phillip Rogers – yes. Motion carried 5-0.
Public Comments
Jay Brinegar is a local businessman and has an auction house at
Eagles Landing. He received a letter
from the Plan Commission stating they have received complaints concerning the
presence of a goat behind Eagles Landing.
He read “In accordance with Town Code you are in violation of section
152.067 Agricultural Use within a Commercial Zone”. He quoted the Town Code definition on
Agricultural Use and stated he has until October 22nd to remove the
goat or his landlord will be fined $50 a day.
He is concerned, as a citizen, that one goat does not change the use to
agricultural. The Director of Planning
Services is bound by the same documents as Jay Brinegar. The Director wants to interpret a goat as
being a domesticated farm animal. Jay
Brinegar read Ellettsville Town Code 152.003 in the Planning and Zoning
regulations in its entirety. Jay
Brinegar attended the Plan
Commission meeting and
quoted the job description of the Planning and Director Services to Frank
Buczolich. The President of the Town Council, Dan
Swafford and Plan Commission President, Frank Buczolich are Frank Nierzwicki’s
supervisors. This came as a surprise to
Frank Buczolich. Jay Brinegar asked
Frank Nierzwicki for proof where the demand on transportation, infrastructures,
surrounding properties and values of land were being affected. Frank Nierzwicki was unable to respond to any
of those questions. Jay Brinegar feels
Frank is bound to answer those questions because of the particular paragraph in
the Planning and Zoning regulations. He
reiterated the goat behind Eagles Landing is a pet and does not change the
zoning. Pets are mentioned in the
Ellettsville Town Code in two chapters; 196.01 states the Town Marshal is
responsible for collecting and impounding fowl running at large and there are chapters
on hogs, pigs and swine. He feels he is
being “man handled”. Frank Nierzwicki is
taking away his rights. He does not know
how the Board feels about putting a person in power without direct
supervision. He asked Frank Nierzwicki
about the complaints and his answer was he couldn’t remember; when asked about the
number of complaints, Frank’s response was between two and eighty-nine. Jay requested copies of the complaints and
when he received them they were anonymous in nature without an actual complaint
just stating there was a goat. He does
not know the policy for handling complaints. The first complaint was left on the answering
machine on August 20, 2007 at 9:30
and the bottom of the page showed a response by 10. Jay thinks this is a “travesty” in fact
Frank’s investigation took half an hour to recognize a violation in zoning
while it took Jay sixteen hours worth of research. Jay has requested and received copies of the
complaints from a police officer. Dan Swafford asked Jay if the goat is a pet, kept at his residence
and brought to his business daily or is the goat at Eagles Landing full-time
without supervision. Jay explained he
does night security for Eagles Landing working up to 20 hours per days. The goat is at Eagles Landing
permanently. Dan asked Dianna what was
discussed at the Plan
Commission
meeting. Dianna stated Jay Brinegar has
the right to go to the Board of Zoning Appeals.
Dianna did research on-line and could not find where a goat was a pet
anywhere. There are a lot of animals not
listed in the Town Code. Dianna had
people ask her questions, not complain, about the goat and she spoke to Frank
about it. She stated to Mr. Brinegar the
Town Supervisors make decisions daily using Town Code and the Town Council depends on them to do that, including Frank
Nierzwicki. Mr. Brinegar has the right
to go before the Board of Zoning Appeals.
Jay Brinegar stated it costs $300 to file a variance with the Board of
Zoning Appeals. He has spoken with all
of the surrounding landowners in person and has their signatures but found out
through talking with the Clerk-Treasurer he needs to give notice by
certified/registered mail at $5.42 a piece to 28 surrounding landowners to file
a variance. Paragraph 152.003; Frank
Nierzwicki is bound by the Town
Council to answer
questions. If this is a complaint driven
process, Jay Brinegar would like to know who complained so he can resolve the
issues. If he does not know who is
complaining or what they are complaining about, how is he able to reconcile
this. Did the goat do something, were
they offended by the goat, did they feel in endangered by the goat? Dianna reiterated she received a question
about the goat and not a complaint. Jay
Brinegar referred to the letter from Frank which states “complaints”. As a citizen, he feels this should to be
addressed. He does not know what the problem
is. Dan Swafford is unclear about what Jay Brinegar is asking from the Town Council. Dan suggested
Jay write his question down and Dan will see what needs to be clarified. He will have the Town Attorney review the
information. Jay Brinegar wants the
legal right to have a pet. He asked if
he is in the process of filing a variance with the Zoning Appeals Board, does
he still need to remove the goat on October 22 or face fines. Dianna answered he will need to discuss that
with Frank Nierzwicki during business hours.
Jay Brinegar spoke on another issue. He spoke during a Town Council meeting in March of 2006 on a sign issue. At that time, some signs belonging to himself
and his landlord were confiscated by Frank.
Jay felt the process was wrong because it was not written anywhere for
Frank to do that. He attended the April 6, 2006 Plan
Commission meeting and
there is a “travesty” because looking back in the minutes; 45 minutes of the
meeting are missing. The minutes
included the time before and after Jay Brinegar spoke at the meeting but did
not include what he said. Important
things were discussed at that meeting. Frank
Nierzwicki was in charge of the tape during the meeting. In March of 2006 he filed a formal complaint
about the removal of the signs without due process because he was never told
the signs were wrong. Jay felt his signs
were informational and not advertising signs; open for discussion in a gray
area. He read the minutes from the March 16, 2006 Town
Council meeting where
he spoke about the sign issue. He filed
a formal complaint, realizes information needs to be exchanged and sent on to
the correct liaison. A lot of things
needed to happen and it never did. Dan Swafford will look into all of this. Jay Brinegar stated Sandy Hash does a fine
job with getting the minutes together and knows she was absent during the Plan Commission meeting with the missing minutes. There were many things discussed that were
pertinent to the ideas and formulation of what the community needs to be. Dan Swafford will check into the missing minutes. Dan went on to say on a personal note he and
others had signs removed by INDOT while campaigning and those signs were thrown
away. Jay Brinegar said other people who
spoke during the meeting did have not their signs taken and when he asks Frank
Nierzwicki questions it seems he never receives a firm answer. Dan Swafford asked Jay to put the first part in writing and he will
check on the minutes and the sign complaint.
Adjournment
Dianna
Bastin made a motion to adjourn. Phillip
Rogers seconded. Motion carried. Dan
Swafford adjourned the meeting at 8:00 p.m.