The
Ellettsville, Indiana,
Roll Call: Members
present were Dianna Bastin, President; David Drake, Vice-President; Scott
Oldham, Phillip Smith and Dan Swafford. Sandra
Hash, Clerk-Treasurer and Mike Spencer, Town Attorney were also present.
Two appointments by the President to the
Redevelopment Commission
Dianna
Bastin was not prepared tonight to name two people. She requested anyone interested to please
contact her.
Approval of Minutes
Dan
Swafford made the motion for the Regular Meeting on January 12th and
the Public Hearing. David Drake
seconded. Motion carried.
Accounts Payable Vouchers
Dianna
Bastin asked for a motion to pay Accounts Payable Vouchers. David Drake so moved. Dan Swafford seconded. Motion carried.
Resolutions
Resolution 02-09 Cancellation of
Warrants (old outstanding checks)
Sandra Hash stated after two years, and no later than March 1st
of each year, it is required the Clerk-Treasurer prepare a list of outstanding
checks over two years old. When the resolution
is passed, the checks are dissolved. The
total of outstanding warrants, to be cancelled, is $756.23 and the money will
go back into the appropriate funds.
David
Drake made a motion we adopt Resolution 02-09.
Phillip Smith seconded. Motion
carried.
Resolution 03-09 to enlarge
participation in the Public Employees’ Retirement Fund (PERF) by adding
Administrative Assistant
Dianna Bastin stated the Administrative Assistant will be added to
the Planning Department. Scott Oldham
asked Mike Spencer if the job title is changed within the office does that
affect this resolution. Sandra answered
that when PERF was established in the 1980’s, there was a list of employees
sent in with the resolution to adopt PERF.
Each time a different name category or title is added, we have to go
through this process to expand our coverage with PERF. Sandra suggests keeping the title of
Administrative Assistant because the Town has an existing one. If the Town is aware of another title they
would like to incorporate, this resolution could be tabled tonight, and the
title can be added and brought before the Council at the next meeting. It was clarified this resolution is
establishing the title. This will not
take effect until July and will not hinder the employee’s involvement with PERF
and their start date will remain the same.
No contributions will be made until July 1st. The employee is not penalized.
Scott
Oldham moved to table the motion and change to Assistant Planner rather than
Administrative Assistant. Phillip Smith
seconded. Motion carried.
Resolution 04-09 Additional
Appropriation due to I-69 Grant reimbursement
Sandra Hash explained this is the standard procedure to reimburse
the appropriation. We are working from
the existing appropriations.
Phillip
Smith made a motion we approve Resolution 04-09 Additional Appropriation due to
the I-69 reimbursement. Scott Oldham
seconded. Motion carried.
Ordinances on First
Ordinance 09-02 to change the zoning on
the west corner of West State Road 46 and Deer Park Drive from R-1 to R-2
Frank Nierzwicki, Director of Planning Services explained the owner of
this property has five lots he would like rezone to a duplex situation. This area was up for commercial zoning at one
time. The Plan Commission has recommended
this be rezoned to R-2. There is
currently one unit already located on site.
Joe Sanders, resident
Frank
Nierzwicki did not attend the Plan Commission when this was brought up. Frank will meet with Mr. Sanders and also
review the plans with engineering to get a better understanding before the next
meeting. Dan Swafford asked Doug Curry
if they had a grading permit.
Doug Curry, Bynum Fanyo and Associates do not have a grading
permit because they are not that far into planning. The property needs to be
rezoned first. During the Plan
Commission meeting, the drainage issue was discussed extensively. The situation will be addressed. The intent of the entire design is to have
the storm runoff water from the property not change after this property is
developed. If there is an existing
problem, Bynum Fanyo would correct it and make the situation better. The engineers will look at Town Code
regarding the fence height. Mr. Curry
does not have an answer to the driveway; that will be looked at during the
final design, but there will be a driveway there.
Dianna Bastin asked Frank to see what he can do and report back to
the Council during the second reading.
Ordinances of Second
Ordinance 09-01 to amend the
Ellettsville Town Code concerning Shelter Houses, roller skates, in-line skates
and skateboards
Sandra Hash explained the percentage of sales tax will be removed
in the current code. The new language
will say “amount includes Indiana Sales Tax” without giving a number. A section will be deleted that pertains to
the
New Business
Agreement between the Town of
Mike Spencer stated this is the same contract as last year with no
changes.
Dianna
Bastin asked for a motion for the agreement between the Town of
Stipulation from Northern Richland Sewer
Corporation (NRSC) related to the litigation at the IURC
Mike Spencer presented a Stipulation from Michael Carmin, Attorney
for NRSC. NRSC initiated litigations on
two fronts; one was in the Monroe County Circuit Court and the other was the
IURC (Indiana Utilities Regulatory Commission).
The Town hired Ice Miller to handle the IURC litigations. What the Stipulation does is essentially
agrees to dismiss the IURC litigations, which has already been dismissed and it
is an agreement that the Circuit Court will resolve all matters and issues
between the parties in the current litigations.
Mike Spencer had this verified with Brian Bailey, of Ice Miller, and he
said this is what they agreed to. Mike
Spencer recommends the Council approve the Stipulation.
Phillip
Smith made a motion we accept the Stipulation and you (Dianna Bastin) sign
it. Scott Oldham seconded. Motion carried.
Agreement with K. K. Gerhart-Fritz, AICP
for a Planning workshop
Frank Nierzwicki presented a contract with K.K. Gerhart-Fritz to hold
training for the I-69 Community Planning Grant.
The draft was sent to all members a month ago. The date would be Monday, March 23rd
from
Scott
Oldham made the recommendation that you (Dianna Bastin) sign the agreement with
our selves and K.K. Gerhart-Fritz for a Planning Workshop. Phillip Smith seconded. Motion carried.
Supervisors Comments
Frank Nierzwicki introduced the Code Enforcement Officer the Planning
Department has hired, Dexter Luck, Jr.
Mr. Luck thanked the Council for the opportunity to work for the
Planning Department the next twelve months.
Frank
needs a signature for an appointee for the MPO (Metropolitan Planning
Organization). In the past, Frank has
represented the Town Council on the Policy Committee. Mike Cornman has filled in the Street
Department vacancy, as needed, if there is an emergency vote. Ellettsville needs to be represented in
Dianna Bastin made the following appointments to the Bloomington MPO
as follows: Policy Committee - Frank
Nierzwicki and Technical Committee – Mike Cornman.
Frank
presented an eleven page annual report from the Planning Department. Frank went over the number of incoming and
out going phone calls and emails. Frank
listed the number and type of complaints received, violations and enforcement
code issues. Frank outlined the grant
money received last year. Community
Planning Grant of $50,000 was awarded last year to complete a number of
planning activities:
Bloomington
Area Metropolitan Planning Grant – the Town of Ellettsville is eligible to
assist the MPO in collecting data and other related transportation information
(traffic counting) and receive payment for this work. The Town received $6,275 for work during
2008. 98% completed.
Safe
Route to School Grant – The Town and Richland Bean Blossom School Corporation
was awarded a $250,000 grant in 2007 to construct sidewalks around the
schools. Frank worked with INDOT in the
Seymour District during 2008 to get a Request for Proposal out. Proposals were received in December 2008 with
a consultant selection scheduled for February 2009 and construction to begin in
the late summer 2009.
Additional
support staff using grant money. Dexter
Luck’s position is exclusively funded with grant money. The Planning Department will receive $10,000
of the stormwater fund into the Planning Department budget. This move allowed the Administrative
Assistant to become full-time and handle the educational programs for stormwater.
Dianna
Bastin would like the Council to have time review the Annual Report and bring
questions to the next meeting. Frank
will be working with his Liaison on goals for 2009.
Privilege of the Floor
Judy Bolick, resident at
Dianna
will have the Liaisons from Planning and the Street Department look into these
complaints and have an answer at the next Council meeting. Dexter Luck will meet with Ms. Bolick, get
the information and look into it.
Frank
stated the developer is Jeff Fish and he has been working with him on the
mowing situations. The street has not
been accepted into the Town because of future development in that area. Jeff Fish has put one coat down about a year
ago and is very conscious with his concern to the Town for development. Dianna asked if the Town is reimbursed for
putting down an overlay. Frank said it
was something they worked out with Jeff Fish.
Sandra stated the Town has not been reimbursed. There is a bond with the new developer, Jeff
Fish. Dan stated the last developer went
bankrupt, out of business and the bond was gone.
Adjournment
David
Drake made the motion we adjourn. Dan
Swafford seconded. Motion carried. Dianna Bastin adjourned the meeting at