August 23, 2010
The
Ellettsville, Indiana,
Roll Call: Members
present were Phillip Smith, President; Scott Oldham, Vice-President; Dianna
Bastin;
Approval of Minutes
Phillip
Smith entertained a motion for the approval of the minutes for the Regular Meeting
and Executive Session August 9, 2010. Dan
Swafford so moved. Scott Oldham seconded. Roll Call Vote: Phillip Smith – yes; Scott
Accounts Payable Vouchers
Phillip
Smith entertained a motion for action to pay Accounts Payable Vouchers. Dianna Bastin so moved. Dan Swafford seconded. Roll Call Vote: Phillip Smith – yes; Scott
Andrew Harrison, Schneider Corporation
Proposals for the
Darla
Brown, Town Attorney opened the proposals and verified the needed documents
were included.
TMI
Coatings,
Utility
Service Company,
|
|
|
TMI Coatings |
|
Utility Service Co. |
|||
|
2010 |
|
$ 321,500.00 |
|
$ 251,934.00 |
|
$ 258,000.00 |
|
|
2011 |
|
$ 5,000.00 |
|
$ 1,093.00 |
|
$ 2,000.00 |
|
|
2012 |
|
$ 8,500.00 |
|
$ 3,265.00 |
|
$ 2,200.00 |
|
|
2013 |
|
$ 5,000.00 |
|
$ 1,159.00 |
|
$ 2,400.00 |
|
|
2014 |
|
$ 8,500.00 |
|
$ 3,464.00 |
|
$ 2,600.00 |
|
|
2015 |
|
$ 5,000.00 |
|
$ 1,231.00 |
|
$ 2,800.00 |
|
|
2016 |
|
$ 9,000.00 |
|
$ 3,675.00 |
|
$ 3,000.00 |
|
|
2017 |
|
$ 5,000.00 |
|
$ 1,304.00 |
|
$ 3,200.00 |
|
|
2018 |
|
$ 148,000.00 |
|
$ 120,130.00 |
|
$ 145,000.00 |
|
|
2019 |
|
$ 5,000.00 |
|
$ 1,384.00 |
|
$ 3,600.00 |
|
|
2020 |
|
$ 262,000.00 |
|
$ 184,196.00 |
|
$ 185,000.00 |
|
|
|
Total |
$ 782,500.00 |
|
$ 572,835.00 |
|
$ 609,800.00 |
|
Darla
Brown suggested Council table the proposals to allow her and the Town Engineer
time to look over the proposals.
Dan
Swafford asked for clarification from Jeff Farmer concerning the
proposals. It was his understanding if
they entered into a maintenance agreement it would save the initial lump sum fee. These proposals seem to have a large up front
fee and a large fee every ten years. Is
this what Jeff expected? Jeff replied
when this was initially discussed 3 years ago the fees were about $20,000 to
$25,000 per year, but there was always an initial fee. As he remembers it was $80,000 per year for
the first 3 years with a much higher annual fee. Dan replied he thought the intent of the
maintenance agreement was to reduce the up front payment and he wasn’t sure
this was what they had discussed. Jeff
said it was expected. They will review the information and come back with a
recommendation at the next meeting for both tanks.
Dianna
Bastin made a motion to table this in order to give the Attorney and Town
Engineer a chance to look over all of the proposals. Scott Oldham seconded. Roll Call Vote: Phillip Smith – yes; Scott
Quotes for Louden Road Water Storage
Facility maintenance Project
Darla
Brown, Town Attorney opened the Quotes and verified the needed documents were
included.
Caldwell
Tank,
TMI
Coatings,
Mid
Atlantic,
|
Option |
|
TMI Coatings |
|
Mid |
|
|
|
|
|
1 |
|
$ 32,500.00 |
|
$ 10,530.00 |
|
|
|
|
|
2 |
|
$ 13,900.00 |
|
$ 9,110.00 |
|
|
|
|
|
3 |
|
$ 36,500.00 |
|
$ 8,840.00 |
|
|
|
|
|
4 |
|
$ 13,000.00 |
|
$ 10,530.00 |
|
|
|
|
|
5 |
|
$ 7,000.00 |
|
$ 1,400.00 |
through |
$2,100.00 |
|
|
|
|
Total |
$ 102,900.00 |
|
$ 40,410.00 |
|
|
|
|
Dianna
Bastin made a motion that we table this to give our Attorney and Engineer a
chance to look the bids. Dan Swafford seconded.
Roll Call Vote: Phillip Smith –
yes; Scott
Plan Commission’s Favorable
Recommendation for the Allen and Joyce Grimes Annexation
Resolutions
Resolution 08-10 to adopt a Written
Fiscal Plan for the Allen and Joyce Grimes Property at 5027 North Lakeview
Drive
Dianna
Bastin questioned if the problems in Section 7 of the Fiscal Plan were all
cleaned up and taken care of. Connie
replied that was correct those are all taken care of. Dianna stated we are not taking in any
property with any code or ordinance violations.
Connie replied that is correct.
Dan
Swafford stated he met with Ike Grimes and toured the church. He was impressed. The church looked really nice and Ike has
worked hard to bring the property up to the Town standards.
Phillip
Smith requested a motion to approve Resolution 08-10 to adopt a written Fiscal
Plan for the Allen and Joyce Grimes property on
Ordinances on First
Ordinance 10-14 concerning the Annexation
of the Allen and Joyce Grimes property on
Scott
Oldham moved that Ordinance 10-14 be submitted for first reading. Dianna Bastin seconded. Roll Call Vote: Phillip Smith – yes; Scott
Scott
Oldham moved that Ordinance 10-14 be adopted on the same day it was
introduced. David Drake seconded. Roll
Call Vote: Phillip Smith – yes; Scott
Scott
Oldham moved that Ordinance 10-14 be adopted.
Dan Swafford seconded. Roll Call
Vote: Phillip Smith – yes; Scott
Phillip
requested Connie let Mr. and Mrs. Grimes know the Council thanked them for all
their hard work.
Ordinance 10-12 to amend various
sections of Chapter 96 of the
Town
Council concerns from the last meeting and suggestions from Legal Council:
·
In Town 4-H kids are being deprived of raising
animals as projects-that is one reason 96.03 was included to allow families to
petition the Town Council approval by written request. Technically this would require a BZA variance
with the Town Council being the last appeal process. This may be something Connie would need to
discuss with the Darla
·
Definition of domesticated animals is too
broad - Proposed Definition:
Domesticated
Animal - A
domestic animal is one which has been selectively bred in captivity and thereby
modified from its ancestors for use by humans who control the animals breeding
and food supply.
·
After review Monroe County Code we might want to break it down to
domestic livestock and domestic pets.
Domesticated
Pets (
Domestic Pet- means any
animal that is a member of one (1) of the following species and is kept for
pleasure rather than utility: cat,
chinchilla, cockatiels, dog, ferret, gerbil, guinea pig, hamster, mouse,
parakeets, rat, and reptile.
Rabbits are not listed as a domesticated pet in the
Proposed Definitions:
Domesticated Animals - A
domestic animal is one which has been selectively bred in captivity and thereby
modified from its ancestors for use by humans who control the animals breeding
and food supply.
Domesticated Animals - any of
various animals that have been tamed and made fit for a human environment.
Submitted
by Town Council member: Livestock -
Livestock is defined as those animals which are kept for or were originally
bred for the purpose of being food or producing food products intended for
human consumption or who are kept or bred for the purpose of transportation.
Proposed
Livestock Definition: (our definitions varied by the underlined section)
Livestock
- Domesticated farm animals, such as those animals which are kept for or were
originally bred for the purpose of being food or producing food products
intended for human consumption or which are kept or bred for the purpose of
transportation, including but not limited to buffalo, oxen, horses, donkeys,
mules, cattle, ostrich, goat, swine, sheep, turkeys, and poultry.
Domestic Livestock means any
animal, other than a domestic pet, that is kept for commercial purposes or is a
member of (1) of the following species and rabbit is listed there. Rabbits are listed here.
The fowl definition should
contain other bird varieties. The fowl
definition has changed to cover smaller bird varieties. Statement added by Ms. Brown: The term "fowl" is not intended to include
the smaller variety of birds such as parrots, parakeets, macaws, or cockatoos.
One other concern was the Ordinance as prepared is too restrictive. If it is not restrictive then domesticated livestock has to be well defined so we don’t discriminate against one form of domestic livestock as compared to another. Agricultural zoning is expected to be used for those purposes, commercial and residential have others.
The
current Town Codes lists AGRICULTURAL
USE (1) the use of land for: (a) the production, keeping, pasturing, confined
feeding or breeding of livestock; as well as other listings. The Ellettsville
BZA upheld the determination that a goat is a livestock animal and was not
allowed in a commercial zone in 2008.
The Board of Zoning Appeals actually separates the zones for what types
of uses and the animals there. When
reviewing those things and looking at additional code they looked at lot size,
application permitting and fees. It
would also throw in another layer of code enforcement. Currently the Marshal is responsible for
enforcing the animal code and Connie is not opting to do this code because
there are a lot of different considerations such as training and
educations. The negative side of animals
is their abandonment, when they die, disease, noise, housing slaughtering,
cruelty and those breeding to sell as a home occupation. These are all things that need to be
considered when preparing this code so she doesn’t think this it is ready
yet. We continue to bring up more
questions as we go. There are currently
3 complaints about chickens. There are
some rabbits in one area. These are some
of the reason we are revising this code.
Connie doesn’t think this is ready quite yet. Phillip Smith agreed. Connie suggested taking it back to the
Planning Commission from a zoning perspective.
Technically it should be revised by the department that is responsible
for enforcement and that is the Police Department. When we were looking at it at the Plan
Commission level it was one of those things that we had not thought about it
not being in chapter 152, The Planning chapter.
This is something the Council may prefer the Planning Department back away
from. Scott Oldham stated he would not
be in favor of putting this on the Police Department to deal with. He would prefer planning deal with it. She just wanted to make sure she didn’t step
on anyone toes. David Drake added now
you know why this hasn’t been dealt with in such a long time.
Darla
suggested a motion to send this back to the Plan Commission for
consideration. Scott Oldham so
moved. Dan Swafford seconded. Roll Call Vote: Phillip Smith – yes; Scott
Ordinance 10-13 to add a new section to
Chapter 93 to the
Jim Ragle, Street Commissioner stated the Brush ordinance was tabled at the last meeting. We have redone some of it. Dan Swafford asked for the major changes they
had made. Jim replied they had changed
severe storm damage will be picked up within 30 days rather than 2 weeks and
there will be no Christmas tree pick up.
Monroe County Solid Waste offers Christmas tree disposal at the drop off
site. They kept the length of 4 foot so
one man can load the bundle. Dianna
Bastin asked if, residents who hire a commercial service for tree removal or
trimming should make sure the contractor hauls away all tree trimmings and
debris, was in there last time. Jim
replied yes. Jim added it would not
start immediately. They would make sure
it was well advertised and publicized before it was started. It is getting close to fall and they will
stop doing it anyway. They would like to
get it started by spring of 2011. Ed
Bitner requested a copy. Connie replied
it was published in the Journal, the changes are minor and she would send him a
copy. Dianna Bastin said there had been
2 severe storms since she had been on Council.
It was not addressed. They added
it so people wouldn’t think if the storm was 3 days before the pickup they
would have to get it all to the curb and it would have to be in the 4 foot
bundles. Phillip Smith questioned again
when it would start. Jim said leaf pick
up started in October and they would stop picking up brush. Scott Oldham said technically is it not 7
days or two weeks after it is passed?
Darla answered it has to be published and it would be effective 3 days
after it is published. It was decided to
publish it in both the Journal and the Herald Times. Someone from the audience asked if the
ordinances were on line. It was
explained the individual ordinances are not on line but the code of ordinances
is available on the Town web site. Once
a year the ordinances are codified into Town Code. Copies are available at the Clerk-Treasurer’s
Office.
It
was clarified this was the first reading of this ordinance in its current form
so no vote was taken.
Ordinance 10-15 to amend the Zone Maps
for the area known as Chapel Hill Wilderness, LLC, 7649 West State Road 47 from
A-1 to I-1
Phillip
Smith asked for a motion to accept Ordinance 10-15. David Drake made a motion to adopt Ordinance
10-15. Dan Swafford seconded. Roll Call Vote: Phillip Smith – yes; Scott
Old Business
The Roads in Autumn Ridge
Phillip
Smith stated it was decided at the last Council meeting that the road was to be
started by this meeting. Dan Swafford
and Jim Ragle went through the area before the meeting and there was a paver sitting
in the cul-de-sac. Brue Frye said the
time is running out and questioned what the Town is going to do next. Dan asked Darla how long we had on the letter
of credit. She replied until the 15th
of September. The next meeting will be
September 13th which is too close to the expiation date. Scott Oldham said under the tick of the wire
they have placed a piece of equipment up there rather than doing something in
the last 2 weeks. It seems again, until
something is eminent on the way side, there is nothing that gets done up there. This has been over the last two years every
time we have threatened to do something at the very last minute something
happens. Phillip asked Darla if we sent
him a letter. She replied yes. Dianna said we gave him our word that if he
didn’t do something like pavement by today we gave him our word we would react
strongly. She thinks we should keep our
word. David Drake paraphrased an e-mail
from Darla that our carrot was a lot bigger than our stick. As long as we are getting some action until
the letter of credit expires we should not take that drastic of a step. At this point in time it was not prudent for
us to seize that. David requested
verification from Darla that was what she said.
Darla replied that wasn’t really the subject. She was addressing some other aspect of his e-mail. It wasn’t the letter of credit. David said so it was more on getting the
other aspects done. I guess it really depends on weather we desire to get the
sidewalks and the trees. Dan asked if
there had been an attempt to extend the letter of credit. Darla said all she had was the e-mail from
Mr. Laurer that she had circulated to the Council. Dan asked how long was needed before the
letter is signed. David wanted everyone
to understand that if we draw down the letter of credit and do the work
ourselves there will not be enough to do the sidewalks and trees. Scott Oldham interjected if we don’t do it now
we stand to loose all of it and then would be responsible for the rest. Dan asked if we could do a motion that if we
do not have an extension we could seize the letter of credit. Bruce Frye commented he didn’t see any
benefit in extending the letter of credit.
Dan replied we still need the letter of credit extended in order to
cover the sidewalks and trees. Dianna
said the important thing is that this will be the last meeting we discuss this. David Drake asked are we better off to take
all the money now, Darla said she doesn’t think it is a legal issue as much as
policy. Legally you can seize it now or
wait and seize it later.
The
Council stated the following concerns:
Darla
Brown explained the whole purpose of having him post the letter of credit was
to finish out the public improvements.
The amount that is there is the amount that is there and if the Town
were to seize that money they could use if for the roads, landscaping and
sidewalks. The town, as far as she
knows, is not obligated to spend beyond that for the public improvements. David – we won’t know how much to take
until after the letter of credit expires.
The
way the letter of credit is drafted we could seize a portion. Dan is more in favor on giving him until
September 1 to pave.
David
Drake made a motion that if the paving is not completed in Autumn Ridge by
September 1st that we authorize our attorney to take the necessary
steps to call or seize the letter of credit in the full amount. Scott Oldham added an amendment that he has
to have a new letter of credit in place by September 1st along with
the paving or we authorize we take the whole amount. Dan Swafford seconded.
Dan
asked for the motion to be repeated for verification.
Darla
repeated the motion is if the paving is not completed by September 1st
and Mr. Lauer or Mr. Walls do not have a new letter of credit in place by
September 1st the Council is authorizing her to take what ever steps
are necessary to seize the proceeds of the current letter of credit. That
is the motion. It is 2 steps that you
want Mr. Walls to complete by September 1st. Phillip added that would be by the end of
the business day September 1st.
Roll
Call Vote: Phillip Smith – yes; Scott
Inter-local Agreement between the Town
of
Scott
Morgan, Operations Manager with the Solid Waste District introduced himself and
explained the inter-local agreement that will allow the Monroe County Solid
Waste District to continue the use of the property on
Dianna
Bastin made a motion to accept the Inter-local agreement between the Town of
Purchase of engineering services for the
valuation study and sanitary sewer evaluation of Northern Richland Sewer
Corporation
Darla
Brown, Town Attorney, stated as you are aware we solicited bids for services to
perform an evaluation study and sanitary sewer valuation of Northern Richland
Sewer Corporation. We received back two
bids, one from Robert Curry and Associates and one from GRW Engineers
Incorporated. The proposals are
similar. The purpose is to look at the
condition of Northern Richland Sewer Corporation, come to a value if we can
from an engineering perspective as to what that is worth. We already have the accounting
perspective. The fair market value is
determined by the CPA the Town chose.
The other purpose of coming to the fair market value from an engineering
perspective is to identify the condition of the pipes and the mains. It needs to be done if the Town acquires
Northern Richland either by purchase or condemnation or if the Town wants to
give serious consideration to either one of those two proposals the Town needs
to know what it is getting, what condition
Darla
Brown advised the bid amounts are as follows:
·
Robert Curry:
Part 1: Flow
data review and analysis $ 1,140
Part 2: Valuation study to estimate
fair market value $ 9,870
Part 3: Field reconnaissance
and condition of sanitary sewers $ 3,510
Total Bid $
14,520
·
GRW Engineering:
Part 1: Initial
review of maintenance records, flow metering $ 4,000
Part 2: Complete
sanitary sewer valuation $ 5,000
Total
Bid $ 9,000
Rick Coppock stated he had examined both of the bids
and noted both were similar without having a well defined scope of work. Mr. Coppock further noted the Town has worked
with both firms before and they are well qualified to do the work. Part of the work will be with the Town crews
doing some televising and actual cleaning of the system to evaluate the
existing condition of some of the lines.
Scott
Oldham made a motion to conduct a valuation study and sanitary sewer valuation
of the Northern Richland Sewer System.
Dianna S. Bastin seconded the motion.
Roll Call Vote: Phillip Smith – yes;
Scott
Ed
Bitner asked what the purpose of the work on the Northern Richland Sewer System
as he thought Northern and Eastern merged.
Phillip Smith advised they had not actually merged but only announced
their intent to do so. Mr. Bitner then
asked if the Town was trying to purchase the Northern Richland Sewer
Corporation before the merger is complete.
Dan Swafford stated the Town is looking at the feasibility of purchasing
the Northern Richland Sewer Corporation, determining the problems of the system
and under the current contract requesting those problems be repaired.
Larry
Barker, President of the Eastern Richland Sewer Corporation, advised they are
doing something similar to the Town except they are doing a mapping of the
entire system and have it on a GIS plotter.
This identifies the exact size of the lining, every manhole and every
trunk line coming into it. In addition
to this process, they are also televising it to determine where the
infrastructure problems are with the line in order to start working on it when
the merger has been completed. They have
solicited bids but have not yet hired a firm to do this work. Mr. Barker further stated no matter who does
the work, the bottom line is to save their plant. Eastern Richland Sewer Corporation applauds
all efforts of the Town working with them and Northern trying to resolve the
problem. While Eastern Richland Sewer
Corporation has no problem participating in an independent study and sharing
the data with the Town, their main concern is to have it mapped by GIS and
televising so there is a record. Their
next board meeting is September 20, 2010, but will call a special meeting to
discuss whether or not to share in the cost of the studies with the Town. He will notify the Town of the Board’s
decision by the September 13, 2010, meeting.
It is too dry at this time to determine the location of infiltration
when doing televising until it rains.
This will enable the locations that need repair to be identified.
Rick
advised there are four or five manholes that have been identified but have not
been mapped. The first part of the GRW proposal is not involved in the flow
monitoring. Efforts could be coordinated
with Eastern to work on the flow monitoring.
Certain aspects of the plan will be proprietary to both Eastern and the
Town and perhaps the costs could be divided on the other part, especially the
flow monitoring. Rick further advised
the Town could get started on Part 1 of GRW’s bid.
David
Drake made a motion to retain GRW for the initial review for the bid of $4,000. The motion was seconded by Scott Oldham. Roll
Call Vote: Phillip Smith – yes; Scott
Supervisor Comments
Mike Farmer, Ellettsville Utilities: Due to circumstances
in their billing office they anticipate having an opening by the morning of
August 25, 2010. Someone will need to be
hired as soon as possible because they are understaffed. Shawn Meadows is a part time person filling
in for someone on medical leave and they would like to offer her the
position.
Dan
Swafford requested clarification that the position Ms. Meadows is in now is the
same as the full time position that will be offered to her. Dianna Bastin made a motion to offer Shawn
Meadows the position that will come open on August 25, 2010, in the utilities
office. David Drake seconded the
motion. Roll Call Vote: Phillip Smith – yes; Scott
Mike
Farmer suggested it may be helpful to have a meeting to coordinate with Larry
Barker and other board members of Eastern prior to the next Town Council
meeting.
Tony Bowlen, Town Marshal, made a request to purchase a new squad car for the
low bid price of $24,157 for a new Dodge Charger with a five year/75,000 mile
bumper to bumper warranty from Fletcher Dodge.
The Police Department has the money in their cumulative capital development
budget. They have a 2001 Crown
David
Drake made a motion to approve the purchase of the new Dodge car for
$24,157. The motion was seconded by
Scott Oldham. . Roll Call Vote: Phillip Smith – yes; Scott
Marshal
Bowlen advised that effective August 31, 2010, he has an officer retiring. He is seeking permission from the Council to
elevate a part time officer, Mark Freeman, to full time. His start date with Ellettsville will be
October 1, 2010. This position will not
be advertised because Officer Freeman is already employed part time with the
Town and it is an internal promotion.
Officer Freeman’s pay rate will be $35,000 plus any certification pay
until the 2012 budget year. He has 17
years experience has a police officer and has attended the academy. Scott Oldham made a motion to hire Mark
Freeman as a full time Deputy Town Marshal beginning October 1, 2010, at a pay
rate of $35,000 a year. The motion was
seconded by David Drake. Roll Call
Vote: Phillip Smith – yes; Scott
1.
The storm water
audit is scheduled for September.
Therefore, some of her hours will be changed to prepare for the audit.
2.
Alan Fluke with
the Street Department suggested an informational tri-fold brochure of
information consisting of Town telephone numbers and certain ordinances to give
to real estate agents for people coming into Town. Connie will work on the brochure.
3.
Seven properties
have been identified for potential annexation.
These properties are located east toward Smith Pike and receive the
Town’s services. She will discuss the
list in the near future after she obtains property information.
4.
Doug Norton of
Area 10 has approached the Planning Department with the idea of partnering with
the Town to bring in two bus shelters.
One would be across from Town Hall in the parking lot and the parking
lot behind the
5.
Carrie Fercik
will be addressing some parking concerns after the supervisor’s comments.
Scott
Oldham inquired about an email regarding a property on
Privilege of the Floor
Doug Norton is a transit manager with Rural Transit, an agency
that operates under the Area 10 Agency on Aging. Rural Transit operates in Owen, Putnam,
$.75
per trip. When the State of
Carrie Fercik, a homeowner in the Meadowlands, which has several
signs that state no parking. Neighbors
told her to park on the sidewalk and she would be fine. A visitor parked on the sidewalk because her
garage and driveway were full. The
visitor received a ticket for being parked on the sidewalk. There are insufficient places for visitors to
park due to the steepness of her driveway.
The officer that issued the ticket explained it is against the law to
park on the grass and sidewalk. Ms. Fercik
said she was told that if she has a party she can call the police and let them
know or obtain a parking allowance by calling every eight hours. Her street is three cars wide and Ms. Fercik
suggested that parking could be on one side of the street. David Drake noted when he moved to
Ellettsville he was surprised to find no parking on the streets because he had
always lived where there was parking.
Scott
Morgan, Operations Director with the Solid Waste District, wanted to let
everyone know that their Bulky Item Days are scheduled for Friday and Saturday,
October 8 – 9, 2010. It will be the same
setup as the last three to four years at the Monroe County Fair Grounds. The hours will be 8:00 a.m. to 4:00 p.m.
Ed
Bitner commended the police for assisting him recently when his truck broke
down. Ed also expressed displeasure
concerning what he called slanderous campaigning.
Dan
Swafford confirmed Darla Brown would send a letter to the Autumn Ridge
Developer regarding the letter of credit.
Adjournment
Dan
Swafford made a motion to adjourn. Dianna
Bastin seconded. Motion carried. Phillip Smith adjourned the meeting at 9:44
p.m.