May 24, 2010
The
Ellettsville, Indiana, Town Council
met for a Regular Meeting on Monday, May 24, 2010 at the Fire Department Training
and Conference Room. Phillip Smith called
the meeting to order at 7:30 p.m. Dianna Bastin led the Pledge of Allegiance. Phillip Smith led in prayer.
Roll Call: Members
present were Phillip Smith, President; Dianna Bastin; David
Drake, and Dan Swafford. Absent was Scott Oldham, Vice-President. Sandra
Hash, Clerk-Treasurer and Darla Brown, Attorney were also present. Supervisors Present were: Mike Cornman, Tony Bowlen, Connie Griffin, Jeff
Farmer, Mike Farmer
and Rick Coppock. Jim Ragle was absent.
Approval of Minutes
Phillip
Smith entertained a motion for the approval of the minutes for the Regular Meeting
and the Executive Session May
10, 2010. Dianna Bastin so
moved. Dan Swafford seconded. Roll Call Vote: Phillip Smith – yes; Dianna Bastin – yes; David
Drake – yes; Dan Swafford – yes. Motion
carried 4-0.
Accounts Payable Vouchers
Phillip
Smith entertained a motion for action to pay Accounts Payable Vouchers. David Drake so moved. Dan Swafford seconded. Roll Call Vote: Phillip Smith – yes; Dianna Bastin – yes;
David Drake – yes; Dan Swafford – yes.
Motion carried 4-0.
Resolutions
Resolution 05-10 to adopt the written
Fiscal Plan and to Establish a Policy for the Provision of Town Services to an
Annexed Area – Jerry and Norma Abbitt 5-2010 Annexation
Connie
Griffin, Director of Planning – showed a map demonstrating Mr. Abbitt’s property is contiguous
and meets all requirements.
- Petition for voluntary annexation signed on 3/31/2010.
- Jerry and Norma Abbitt live at 6706 N. Starnes Road and have come
before you to voluntarily annex in 20.21 acres of vacant land. The land area has been divided into a total
of three tracts of land.
- The two smaller tracts of land are 2.50 acres (possibly
to be given to their sons) and the larger tract is 15.21.
- A public hearing notice for Plan Commission was
published on 4/14/2010 and a public hearing notice for Town Council which
was published on 5/12/2010.
- A total of five neighbors were sent certified
return receipt letters, and all have been returned and photocopied for the
annexation file.
- No code violations were observed on the
property. Requesting zoning for R1
– single family residential. The
county listing on the property before was Agricultural Rural
Residential. No code violations
were reported by Monroe
County.
- The fiscal plan has been written and submitted to
you and to all supervisors.
Jerry Abbitt – stated they like where they live. It’s a great town and a great community. He went on to say they want to be a part of
the Town of Ellettsville
for many reasons. Dan Swafford asked how
large the tract of property is. Mr.
Abbitt responded it is about 32 acres. The family has about 74 acres just due west of
the Early Childhood Center
and they are interested in annexing as well.
Mr. Abbitt wanted to compliment Connie Griffin
on what a great job she has done. The
Town is really fortunate to have her.
David
Drake made a motion to adopt Resolution 05-10.
Dianna Bastin seconded. Roll Call
Vote: Phillip Smith – yes; Dianna Bastin
– yes; David Drake – yes; Dan Swafford – yes.
Motion carried 4-0.
Ordinances on First Reading
Ordinance
10-08 concerning the annexation of the Jerry and Norma Abbitt property
Connie Griffin, Director of
Planning – stated
she had presented her information previously during the Resolution issue.
Ordinance 10-09
to amend various sections of the Ellettsville
Town code concerning Wireless
Communication facilities
Connie Griffin, Director of
Planning – stated
this is an introduction this evening.
She presented a new application to Council for review. It was felt the application process needed to
be tightened up for wireless communication facilities. The code changes are as follows:
- an expanded title
- more definitions have been included for clarification purposes
- a much greater approval process by the FAA, the FCC, the EPA and
other environmental agencies
- promote co-location of facilities to not interfere with our
landscape site
- certification of the antenna support system
- no signage on the facilities
- additional requirement by the Plan Commission for visual
screenings
Dianna Bastin asked if this would be for new
facilities only. Connie
Griffin answered it would and everyone else would be
grandfathered in. She went on to say
there are two facilities that have been in contact with her asking to see this
new code. They want to consider the Town
of Ellettsville.
Ordinances on Second Reading
Ordinance 10-06 to amend Section 94.02
of the Ellettsville Town Code concerning Abandoned, Salvaged and Scrapped
Vehicles
Connie
Griffin, Director of Planning – remarked that it can only be assumed this was a
minor typographical error when the code booklet was put together. The wording needs to be changed from
“unincorporated” to “incorporated”.
Dianna
Bastin made a motion to approve Ordinance 10-06 to amend Section 94.02 of the
Ellettsville Town Code concerning Abandoned, Salvaged and Scrapped Vehicles. David Drake seconded. Roll Call Vote: Phillip Smith – yes; Dianna Bastin – yes;
David Drake – yes; Dan Swafford – yes.
Motion carried 4-0.
Ordinance 10-07 to amend the Ellettsville Town Code concerning Signs
Connie
Griffin, Director of Planning – informed the Council of some of the most obvious
changes:
- Purpose statements
were combined, modified, or added
- Sign application
required
- Permanent and
temporary signs
- Sign inspections more
on a regular basis
- An appeal process has
been added
- License requirements
for installers
- Additional definitions
have been added for clarification purposes
- Removal of off premise
advertising
- Political signs will
no longer be under this jurisdiction – it is a violation of civil
liberties
- Special promotional
signage has been added
- Changeable copy signs
and electronic message signs added; they require Plan Commission review
and approval with the application
David
Drake made a motion to adopt Ordinance 10-07.
Dan Swafford seconded. Roll Call
Vote: Phillip Smith – yes; Dianna Bastin
– yes; David Drake – yes; Dan Swafford – yes.
Motion carried 4-0.
New Business
Autumn Ridge subdivision street
repair/resurface project
Dan Swafford – updated the Council regarding this issue. He stated the process still needs to go
through the Plan Commission to look into whether or not we are going to leave
the sidewalks in or out. The contractor
wants to reduce the bond once the re-surfacing has been completed. Until this goes through the Plan Commission,
we can’t give an answer yes or no. Connie Griffin provided Autumn Ridge maps for the
public. The residents of Autumn Ridge
were invited to the June 10 Plan Commission meeting.
Bruce Frye, resident of Autumn Ridge – asked how the Town will oversee the road project by
the contractor. Dan Swafford responded
they had spoken with the Utilities
and Street Directors and the Town Engineer who will oversee the project. Mr. Bruce asked specifically, will the areas
be marked that will be affected. Dan
Swafford informed Mr. Bruce that he could guarantee that the work will be done
properly by the developer because, if not, that would only mean the Town would
be liable to come back in a couple of years to re-do it. Mr. Frye then asked at what point they would
know if the bond is going to be reduced.
Dan Swafford said the bond will not be reduced unless approved by the Plan Commission.
Mr. Frye asked if the Council’s position was that trees are
required. Dan Swafford stated as the
project was approved, there were trees and sidewalks. As of right now, they must be put in. Now, if the developer wants a variance on
that, it has to go back to the Plan Commission. It is on the agenda for the 10th
of June. Mr. Frye asked if the developer
had informed them of what he wants the variance for. Dan Swafford replied he is concerned about
the sidewalks and the neighborhood is concerned about the sidewalks.
Bill
Schneider, resident –
asked what they needed to do before the June 10 meeting to present to the Plan Commission.
Dan Swafford responded that the developer is who asks for the variance
on the sidewalks. Mr. Schneider asked
what if the developer doesn’t ask for a variance. Dan Swafford answered the sidewalks
originally approved will have to be completed before they will release any type
of credit. Dan Swafford asked for Connie Griffin’s input regarding the developer’s
plans. She stated Jason is seeking an
amendment to the PUD. First off, we need
to find out if the Council is willing to amend the PUD and she was not sure
about the term of variance. Mr.
Schneider went on to say he believed the asphalt bid is from Lentz who offered
Jason a reduced bid since he was in the area.
Lentz wants to start on Thursday, May 27, but says he hasn’t received
permission from Town Council. Dan Swafford informed Mr. Schneider the
reason he hasn’t received anything from them is because he has to go through
the Plan Commission first and then
it comes to the Council. Mr. Schneider
went on to say he does not want to see the project go on and on. Dan Swafford informed Mr. Schneider the
letter of credit was only extended until September, so something must be done
before then. If not, at that point, the
Town would step in and do something and the Town doesn’t want to become the
contractor. Mr. Schneider requested Dan
Swafford call the developer and inform him of this. Dan Swafford went on to say the Council can
not reduce the bond without the Plan Commission
review and currently, it should be bonded as designed. Sandra Hash suggested to the residents to
canvas the community and find out how many are in favor of sidewalks and how
many are not. She recommended they bring
this to the Plan Commission meeting
so the Commissioners could be aware of how the residents felt. Mr. Frye asked if the final decision lies
with the Plan Commission, or, if
they approve it, does it also need to be approved by the Town
Council. David Drake stated he thought it would need to come
to the Council for the PUD approval. Mr.
Frye went on to say, if giving a concession to the developer on the sidewalks,
perhaps they could set up a timeline for the work to be completed.
Agreement between the Town of Ellettsville and JA
Benefits concerning use and disclosure of Protected Health Information
Darla Brown, Attorney – This agreement sets forth the guidelines of
protected health information regarding JA Benefits use and disclosure of that
information and the Town of Ellettsville. She went on to say she has drafted a letter
to Town Council with a summary of the contract.
Dianna Bastin made a motion to accept the Agreement between the Town of Ellettsville and JA
Benefits concerning use and disclosure of Protected Health Information. Dan Swafford seconded. Roll Call Vote: Phillip Smith – yes; Dianna Bastin – yes;
David Drake – yes; Dan Swafford – yes.
Motion carried 4-0.
Supervisor Comments
Michael Farmer, Ellettsville Utilities –
asked the Council to approve the Utilities
Department extending a request for proposals for the painting and maintenance
program for McNeely water tank. It was
built in 1997. Normally, they get
painted every ten or so years. Our tank
is in need of painting. It will be a bid
process and we anticipate at least $200,000 worth of work. The other tank on Louden is a steel,
glass-lined tank and doesn’t need the same type of maintenance. It doesn’t need painting. It needs a cleaning. It’s bolted together and the bolts need some
maintenance to them. We are going to ask
they be capped so they don’t rust again.
There will be some inside work to be done to the seams where the plates
come together – somewhere in the $25 – 30,000 range. We will ask that to be a quote. Dan Swafford asked if Council had budgeted
for this. Mr. Farmer responded they did
not. When it was built, there was no
mechanism in place to budget for this.
So, it is part of the O&M Budget that is in the rate increase and
then this maintenance program will allow us to budget it from now on going
forward. Dianna Bastin made a motion to
allow Utilities to get bids and the
proper paperwork for any maintenance, painting, or general upkeep for the
tanks. David
Drake seconded.
Discussion prior to vote:
Dan Swafford asked how long this process
will take before coming back to the Council.
Michael Farmer responded a month or two.
Darla Brown added they could do two different procedures; one for each
tank. Michael Farmer commented they
would not want to maintenance both tanks at the same time. The quote process will allow us to proceed
with the less demanding upkeep of Louden
Road. It
will probably go first. We also have to
coordinate this with peak use of our tanks.
We won’t want to do this in the middle of summer. But, we also have to be aware of weather
conditions that won’t allow them to paint it correctly. Phillip Smith asked if the tanks have to be
emptied. Michael Farmer answered they
will have to be completely emptied.
Phillip Smith then asked what that would do to water pressure. Michael Farmer answered it shouldn’t effect
water pressure. However, there may be
some effect on the west side when they empty Louden Road. When we take down McNeely, there will be some
effect to fire fighting. Dan Swafford
asked if they would inform Jim Davis
at the Fire Station when they do this.
Michael Farmer responded they are the first ones they notify. They send out notifications to several on a
list they have. Just like when a big
main break happens.
Roll
Call Vote: Phillip Smith – yes; Dianna
Bastin – yes; David Drake – yes; Dan Swafford – yes. Motion carried 4-0.
Michael
Farmer added the only other update he had was they are finishing the upgrade on
First St.
and Ritter St.
with the eight inch water main and fire hydrants. They will be finished in about a week.
Jeff Farmer,
Ellettsville Utilities – In light of the newspaper article today, he stated
he would like to share a few comments with them. No one from Utilities
was contacted or called about the article.
Obviously, the Ellettsville Utilities
would see no monetary gain from a take over of Northern Richland Sewer. In 2008, in Richland Manor, we spent $75,000
replacing the same kind of pipe which we were having problems with. You can see the investment we would have to
make if it did happen. He added, for the
public’s knowledge, it’s not about the money.
There would be no increase in the contract with Bynum Fanyo Utilities as a result of either one of the utilities
coming under the Ellettsville Utilities
umbrella. That’s not what this is
about. In 1995, when he came to
Ellettsville, on a warm summer night there was a bad smell downtown. In the ‘90’s, there were sewer overflows, IDEM
was down Ellettsville’s throat wanting to fine them, and sometimes you just
have to get up and tell the truth. The
fact is, the Town made the investment to build a new sewer plant. It cost each rate-payer to invest in
that. When he was hired, his job was to
protect that investment. He said his
goal has always been to make it to 2017, when that investment is paid off, and
still have a good wastewater treatment plant out there. It is still his goal. It’s not personal, it’s business. He went on to say it was ironic in the
article they show they have no paid employees.
That should tell the Council the same thing he is trying to tell
them. They showed last meeting the video
of their system – it is what it is.
Those things need to be fixed.
That’s all this is about.
Sometimes articles are not written the way they should be. It’s not about money. David did a good job of explaining that in
the article. He reiterated it was not
about the money for them as the Town’s managers. He emphasized they were not looking to add to
their contract. That contract pays for
four licensed water and wastewater treatment professionals, their vehicles,
their phones, their pagers, their health insurance, their retirement, liability
insurance, they are on call 24 hours a day, they have computers at home they
can watch the plant with, they take care of the lift stations, they have a
service truck on site, we bring in additional employees to mow the grass, back
up when operators are off. He added his
job is not only to protect Ellettsville’s customers, but to protect Northern’s
customers. However you look at it, they
are still our customers. We just want to
protect our sewer system as well as the environment. He went on to say when he came here, he
didn’t want to express what he saw running down the streets, but it wasn’t a
pretty sight. That was going into our
creeks, our streams and where our kids play.
We’ve eliminated that and the Town should be congratulated on that. Since 1995 this Town has not had a
violation. That wastewater plant has
never had a violation. Dianna Bastin stated she would like to personally thank
him for coming forward and saying this.
Bob Sowder added the Farmers have done a good job. The Vine
Street sewer lids used to pop off.
Connie
Griffin, Director of Planning – gave a breakdown of where her time has been spent on
the job since the beginning of the year.
To date, 60% of her time has been spent on Planning related duties,
which includes SRTS, Heritage Trail, annexations, permits, stormwater, requests
for information, and other duties. 17.5%
of her time has been spent on the I-69 grant deliverables, which are due the
second week of June. 22% of her office
time is spent on code enforcement and code revisions, which continues to
grow. She stated she has compiled a list
of code enforcement issues which may need additional attention by Ms. Brown to
close the case files. Some of the sites
have been non-compliant for some time, and she has received numerous complaints
from citizens about the status of these properties. There has also been the creation of an
inoperable abandoned vehicle database started.
Those letters will start going out in July. There are a growing number of foreclosure properties
and properties that have not been mowed.
She will be asking for assistance on how the Council would like those
approached because a foreclosed property, on the average, degrades other
property values in a neighborhood by $3,000.
Adjournment
Dianna
Bastin made a motion to adjourn. Dan
Swafford seconded. Motion carried. Phillip Smith adjourned the meeting at 8:29 p.m.