August 25, 2008

The Ellettsville, Indiana, Town Council met in Regular Session on Monday, August 25, 2008, at the Fire Department Training and Conference Room. Dan Swafford called the meeting to order at 7:30 p.m. with the Pledge of Allegiance and Phillip Smith led in prayer.

Roll Call: Members present were Dan Swafford, President; Dianna Bastin, Vice-President, David Drake, Scott Oldham and Phillip Smith. Sandra Hash, Clerk-Treasurer; Mike Spencer, Attorney and Rick Coppock, Town Engineer were also present.

Supervisors Present: Jim Davis, Jim Ragle, Tony Bowlen, Mike Farmer, Jeff Farmer and Frank Nierzwicki were present.

Approval of the Minutes

Dan Swafford entertained a motion to approve the minutes of the regular meeting August 11, 2008 and the budget meeting. Scott Oldham made the motion. Phillip Smith seconded. Motion carried.

Action to Pay Accounts Payable Vouchers

Dan Swafford entertained a motion to approve Accounts Payable Vouchers. Dianna Bastin made the motion. David Drake seconded. Motion carried.

Wireless Communication proposal – McNeely Street Water Tank

Mike Farmer, Ellettsville Utilities presented a proposal from T-Mobile to put an antenna on the McNeely Street Water Tank. Mike is asking the Town Council to accept the proposal so a lease can be negotiated.

Dan Swafford asked for a motion for Mike to move on the proposal. Dianna Bastin made the motion. Scott Oldham seconded. Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes. Motion carried 5-0.

The following discussion took place before the vote

Phillip Smith asked if this would require a separate building. Mike Farmer stated not at this time. T-Mobile will be able to house their equipment in the hydro-puller building.

Resolutions

Resolution 16-08 Transfer of Funds

Phillip Smith made a motion we approve Resolution 16-08 Transfer of Funds. David Drake seconded. Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes. Motion carried 5-0.

The following explanation took place before the vote

Sandra Hash explained the gas prices are up, compared to last year, and the Police Department has depleted their Gas and Oil line. There is a surplus in the Fleet Insurance line of $3,780 which can be moved to the Gas and Oil line.

Ordinances on Second Reading

Ordinance 08-07 to amend Chapter 51 of the ETC concerning Water Rates and Charges

Dan Swafford asked if there is a motion to approve Ordinance 08-07. Dianna Bastin made the motion. Scott Oldham seconded. Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes. Motion carried 5-0.

The following discussion took place before the vote

Mike Farmer asked for any public questions or comments. There were none.

Old Business

Autumn Ridge

Frank Nierzwicki presented his status report on Autumn Ridge and an Engineering Report completed by Rick Coppock on August 21, 2008. The results of the inspection showed:

· Developer repaired the stone detention area and slope drainage

· Portable-johns have been removed from construction site

· Unfinished unit, next to the “pit”, will be secured and have the lawn seeded

· Developer needs to have building permit renewed for the partial completion unit

· Developer needs to work with the Planning Department regarding building permits and changes to preliminary plat

· The “pit” has been graded, seeded and stabilized as directed by Town Engineer

· A new sturdy fence will need to be added on the south side of the “pit”

· A new tree has been added on Unit 5042 but a number of erosion control items need to be completed on this site as well as on the north side of September Drive between the homes and the creek

· Slit fencing has been cleaned of silt; the Developer will now have to patch and maintain the holes in the fencing

· Work is still required on Unit 5018; ground ruts in the backyard

Frank’s status on the subdivision is that Bearcos Development Group has made a number of improvements, as directed by the Town. Major improvements were made to correct drainage to the south of the development by adding a new retention area and the “pit” was graded, as directed by the Town Engineer. The work not completed by the Developer included the maintenance of the silt fence and erosion issues on the north side of September Drive between the homes and the creek.

The Planning Department’s recommendations are:

· No fines; major improvements have been made up to this point.

· The Developer will need to complete the unfinished work to become fully within compliance.

· The Developer and the Town will need to set a mutually acceptable date for the completion of the unfinished work by September 3 to avoid future fines.

Dan Swafford drove by the “pit” today and asked how tall the fence will be. Frank spoke with Jason Walls, who has not determined the type or height of the fence. The fence will be a safety and liability issue to the developer. Frank would like, in writing, from the Developer when items will be completed. He is watching and monitoring the situation closely. The developer has been responsive to the Town’s requests. There was a discussion about the type of fence and when the fence would be placed. David Drake would like to have a “real” fence installed now with a time limit given to the developer. He wants to make it clear to the developer there will be no more extensions; it is costing the Town money. Frank feels the major items have been addressed and they have the developer’s attention. Scott Oldham noticed a difference between Frank’s list and the August 21^st list from Rick Coppock. Frank explained he used items from Rick’s inspection list to do his follow up. He put together a memo, for the August 7^th Plan Commission meeting, outlining items that have been addressed. From the August meeting until now, he spoke with the neighbors and came up with a “punch list” of other items needing to be addressed; those are the items on Rick Coppock’s list. Scott Oldham asked if Frank takes exception to what is on Rick’s list. Frank said no. Scott then asked if the original site plan included a home in the area of the “pit”. Frank said that is still an issue. Dianna has driven through the neighborhood and the cosmetics are great but if there is no plan for the lot with the “pit”; why is it still like that? Frank is working with the Building Department, going through paperwork, to find out why this has happened. The next Plan Commission meeting is September 3^rd but he would like an agreement in place before then. Dianna does not know why so much time was spent on the “pit” and no fence was put up. She is not in favor of a “snow fence”. Frank will be speaking with the developer tomorrow to discuss what is being said tonight and would also like to know how to proceed from here. Dianna feels the developer should take notice the Town is sending Rick Coppock, Town Engineer, to Autumn Ridge.

Rick Coppock, Town Engineer outlined his report on Erosion Control.

• The “pit” was seeded and graded to address the erosion control issue.
• Two detention ponds need to be constructed. One on the north side of the development. The developer’s engineer told the Plan Commission the pond would be constructed on the George property and providing detention for the subdivision and future construction on the George property. Since that time, the Georges have constructed the driving range. The developer needs to bring another plan to the Plan Commission to address the issue of where the detention pond will be located.
• No one has provided a building permit for the lot known as the “pit”. Rick stated if no one has a building permit or approval from the Plan commission to make that change to a PUD, it needs to be graded as to the regular plan.
• The fence is a liability issue with the developer. Rick recommended a split rail or other type of fencing.
• The sediment pond has been constructed at the south end of the road way stub to stabilize some areas. The construction drive is not going to be needed in the near future.
• The sides of the “pit” have been stabilized.
• Silt fence along the road still needs to be replaced.
• All the downspout drains, on the creek side, need to be extended to within 5 feet of the toe of slope to prevent the hillside from eroding

Rick inspected and outlined items for the following units: 5042, 5036 and 5018 September Drive and 4909, 4915 and 4919 Gathering Court. Another item he found was a lateral sanitary sewer pipe that was located in the flood plain. Rick will meet with the Eastern Richland Sewer Corporation Inspector. David Drake asked “if they did not have a building permit to build on the lot where the pit is then they were not allowed to do the excavation so they have to put it back the way it was”. Rick stated yes or they will have to go back to the Plan Commission and get the original PUD approval. David would like to know how the Town will make them fill the “pit” back in and grade it. He clarified if they did not have a building permit, they did not have the right to dig the “pit” out in the first place and the Town can make them fill it back in. Rick reiterated a grading permit was not approved by the Plan Commission and the plans show a swell going through the lot. There has been a change to the plats but the number of units and density are the same but the change made a duplex into two singles adding a lot to the subdivision. David Drake asked what can happen legally, as far as creating a lot on plat. How could this be tracked for tax and ownership purposes? Rick outlined the procedure; in a normal subdivision, the preliminary plat is approved, the numbers of lots are verified and they should be the same. With condos, the foundation is constructed; the area is surveyed and physically tied down to where the building only will become available for ownership. The plat is brought to the Plan Commission for approval, recorded and assigned a number. Frank stated the developer ran into rock when the earth was moved and he didn’t follow through.

Scott Oldham stated Autumn Ridge has been discussed at the last three meetings and understands what Frank is saying; however there needs to be some type of “force” behind this.

Scott Oldham made a motion, with the exception of Item #1 in Mr. Coppock’s report dealing with the retention pond needing to be constructed some place else, moved to give the developer until September 3^rd to complete everything within Mr. Coppock’s report with that exception at that point and time if they are not done we begin with fines of $125 per day for seven days at which point they double every seven days to the maximum fine of $1,000 per day. He has had this for two months, knows what the issues are and has yet to address them except in the last four days. Frank asked if the work needs to be completed by the 3^rd because the memo requested a finish date. Dianna Bastin seconded. Scott Oldham amended his motion to change the date until the 10^th; we begin fining $125 a day, doubles every seven days after that. Dianna Bastin seconded the amended motion (with a comment) “the developer waited until the neighbors came to the Council with their maps, charts and notes. The developer has waited while they returned to the Council three times and yet he has done a few things instead of having it completed”. She does not understand why he didn’t just meet with the people in the neighborhood and have this completed. Why does Frank still have to have another meeting with him?

The following took place before the vote

David Drake asked if the 3^rd is too soon. Dan Swafford wants to take into consideration the weather. Scott Oldham reiterated a date needs to be set. Frank wants an agreeable date set to when the work needs to be completed. Phillip Smith asked if these fines are inline with the Code. Frank will research it but knows we can fine as Code allows. He explained each day is an individual offense (including weekends). Dan Swafford asked Mike Spencer for legal guidance and if we are within our bounds. Mike Spencer did not have the Code in front of him to answer. Frank asked if the motion can state “fine as acceptable by Town Code” in the motion. Rick Coppock stated the fine is, up to, $1,000 per day per violation, for the erosion. The developer will have to provide documentation, permits or fill in the area known as the “pit”.

Bill Schneider feels what is being done is terrific and requested the Autumn Ridge residents be allowed to review the final letter before it is sent to Jason Walls. There are some items that are not listed in Rick Coppock’s report they would like to make sure are listed. He feels the “pit” will resolve itself when the permits are not found. The “pit” was dug out between July 2004 and 2005 and they have not been able to find any records of permits. The “pit” could be the north detention area since the George’s property is no longer available. Mr. Schneider thanked the Council for their time, effort, sincerity and good judgment. Dianna asked Mr. Schneider if he has a copy of Rick Coppock’s report that was given to the Council. Mr. Schneider said yes but it is not as detailed as the one the residents put together. Sandra stated Mr. Schneider’s list was copied and put in all the Councils’ mailboxes after the last meeting. A copy was also in the Councils’ meeting books. David Drake asked if the north detention pond needed to be located north of the houses. The “pit” is not located on the northern part of the subdivision. Rick Coppock explained the detention pond would need to be designed to store an equal amount of drainage. The “pit” may not be something “right there” but it may be “close” to provide the detention lacking from the original plan.

Bill Schneider explained the topography of the hill was a natural basin to hold water and naturally proceed downhill to a lower flood plain. The “pit” has disrupted the flow of the water causing a sudden rush of water into the creek instead of it being a natural flow.

Brooke Winders’ mother is a resident, who lives next to the “pit”, appreciates the effort that has been made. He doesn’t understand the fence idea that was brought up; if the hole is filled in there would be no need for a fence. The hole needs to be filled in. The vote should impose a fine, on Jason Walls, if he does not fill in the hole or produce a permit. Mr. Winders asked what will the fines include; holes, mailboxes? Scott Oldham stated erosion control and safety can be fined not the aesthetic. Dan Swafford reiterated the Town can take a position on what the Town can do but if there is something in the neighborhood covenants or leases, the residents will have to go after those things personally.

Lynn Winders lives by the “pit” and appreciates the efforts that are being made. She shared her position on this situation. Her husband passed away and she was left with many business things to take care of. She owns a housing addition in Spencer and has the experience in taking care of the roads, which she has to do. She is getting ready to have knee surgery and worries about falling in the “pit”. She is on disability and has dizzy spells. She would not have moved into the condo if she had known about all these issues. She invited everyone to her condo to stand on the patio and look at the danger. She is asking the hole be filled in. Ms. Winders was told, by Mr. Walls’ mother, rock was hit when the condos were being built and he had to quit.

Dan Swafford asked for the motion again before it is voted on. Scott Oldham stated, September 10^th, moved that the developer has until September 10^th to either fill in the “pit” or produce a site plan approval for that, correction, permit to build there and correct the deficiencies as listed in Mr. Coppock’s memo of August 21^st which the developer has been provided as well as the Council Members and now published to the public. If it is not done by that point we begin fining $125 per day each seven days it will double in cost up to the maximum allowable of $1,000 per day or until the deficiencies are corrected. Mike Spencer asked about the doubling. Scott Oldham clarified after seven days it will go to $250 and after seven days it goes to $500. David Drake added it does not include at this point and time the detention pond that is supposed to be built.

Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes. Motion carried 5-0.

New Business

Turning Point Apostolic Church request to close Vine Street on Saturday, October 4, 2008

Ron Hawkins, Pastor of Turning Point Apostolic Church at 210 Vine Street is requesting, for the fourth year, to close the street for a block party. This is an annual community event on October 4^th from noon until 6 p.m. There will be free food and inflatable for the kids. There will be access to the whole street until they reach the church; the road in front of the church is blocked but cars can still get through by going through Smithville Telephone Company parking lot. The Street Department will provide the barricades.

David Drake made a motion we approve the request to close Vine Street on Saturday, October 4^th from noon until 6 p.m. Dianna Bastin seconded. Motion carried.

Health Insurance renewal information and options

Sandra Hash was asked to get quotes on different health insurance plans.

Cheryl Terry, ISU May Agency passed out information packets. The Health Insurance renews on October 1^st and she went over the information in the packets. The Blue Access Option 24 is the current health insurance plan. The amount of money is being spent on health insurance is the main concern. There are factors that go into health insurance rates; law changes, cost of prescriptions and administration. The Town will have an 8% increase, the average is 12 -18%. Ms. Terry went over a comparison chart of health quotes with premiums and deductibles of Anthem, Starmark, United Health Care and SIHO. Ms. Terry answered “why is our insurance so high”; the Town has a very low deductible of $500 with the average being $2,500. Ms. Terry outlined what other companies’ health insurance plans look like compared to the Town’s current policy using deductibles and rates. The Town is currently paying 80% of the total premium. Ms. Terry went over the 360 Benefit, included with Anthem, allowing phone calls to a nurse before going to the doctor. There is a disease management program called Condition Care for people with Diabetes, Asthma, Heart Failure etc where they might be able to self manage those better. Ms. Terry suggested offering two plans. She went over three options, which are available with Anthem, in detail. The renewal rate for the Town in October will be $28,000 per month.

Ms. Terry briefly went over COBRA, extended insurance required by Federal Law.

Umbaugh Agreements for Water and Wastewater

Mike Farmer, Ellettsville Utilities presented the agreements for the Water and Sewer Utility for financial advisory services with Umbaugh. The proposal is for services from Umbaugh to proceed with the rate case for the Water Utility at the IURC. Mike Spencer has looked over the agreements.

Dianna Bastin made a motion to approve both agreements for Water and Wastewater. David Drake seconded. Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes. Motion carried 5-0.

Family Medical Leave Request

Phillip Smith asked who needs to fill out the form (response to the request). Mike Spencer stated Dan Swafford should sign the response after it is passed.

Phillip Smith made a motion we approve the Family Medical Leave request. Scott Oldham seconded. Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes. Motion carried 5-0.

Supervisors Comments

Rick Coppock stated it was time to send in the renewal for “Notice of Intent” for the Stormwater Rule 13 report due to the State. The report will list items the Town will continue to monitor, programs to have, public education and outreach. Rick spoke with Connie Griffin, Planning Department, who will work on getting public education out. Rick will return the “Notice of Intent” to IDEM this week. Dan requested a copy of the 2003 “Notice of Intent”. Rick will provide this for the Council.

Frank Nierzwicki, Director of Planning Services presented an email from INDOT regarding the certification of the I-69 Community Planning Grant. It has been approved and the billing process can begin. Sandra is working on the Ordinance. Dan asked Frank for a current status of all the grants. Frank met with INDOT and Smithville Telephone last week regarding the Sycamore Drive extension. There is the Down Town trail and MPO grant. Frank will prepare the information for the next meeting.

Adjournment

Dianna Bastin made a motion we adjourn. Scott Oldham seconded. Motion carried. Dan Swafford adjourned the meeting at 9:02 p.m.

A budget meeting followed the regular meeting

The Ellettsville, Indiana, Town Council met in a Special Session on Monday, August 25, 2008, at the Fire Department Training and Conference Room. The meeting lasted from 9:30 p.m. until 10:15 p.m. Town Council members present were Dan Swafford, President; Dianna Bastin, Vice-President; David Drake, Scott Oldham and Phillip Smith. Supervisors present were Jim Ragle, Street Commissioner; Jim Davis, Fire Chief; Tony Bowlen, Town Marshal and Frank Nierzwicki, Director of Planning Services. Sandra Hash, Clerk-Treasurer was also present.

Year 2009 Budgets

The Council and Supervisors reviewed and discussed the budgets and made the final revisions.