Roll Call: Patrick Stoffers asked for roll call of the Council Members. Members present were Patrick Stoffers, President; David Drake, Vice-President; Phillip Rogers, Lisa Creech and William Evans. Also present were Sandra Hash, Clerk-Treasurer; Jeffrey York, Planning and Zoning Administrator and Mike Spencer, Attorney.
H. J. Umbaugh Overview Presentation – Kathy Raver and Brian Long to discuss the Fire and Police Bonds
They presented an overview of each project
for the benefit of the three new Council members. Kathy stated H. J. Umbaugh was hired in April 2003 to do a Capital
Projects Plan and it was concluded there was a need for new Fire and Police
Stations. June through August they
worked on the budget, drawings, project costs and determined the bond issue
amounts needed to move forward. The Fire has been approximately one month
ahead of the Police throughout most of the process. She explained for a Bond Issue on each
project several public hearings were needed including getting the approval of
the Department of Local Government Finance in
Patrick Stoffers thanked them both for coming tonight.
Approval of the meeting
minutes for March 8th and
Williams Evans made a motion to approve the minutes for March 8th and
Action to pay Accounts Payable Vouchers
Lisa Creech moved to pay the accounts payable vouchers. David Drake seconded. Motion carried.
Public Hearing for the Briargate /
Attorney Steve Emery representative for some of the Briargate residents pointed out that the State Annexation laws have changed and are now more favorable to remonstrance. He explained his clients in Briargate oppose the annexation. He said there are four criteria that need to be met in order to oppose the annexation successfully.
1. 65% of the owners have to oppose the annexation and he believes 70% or 72% currently oppose it and are willing to sign against it.
2. The Police, Fire and Streets have to be
maintained or serviced by other government entities.
3. Impact on residents financially. They may see a reduction in Township rates due to the shift in fire provision from the Township Trustee to the Town rates, however, residents’ overall tax rate would increase by .48 - .50 per 100 if annexed into the Town.
4. The annexation might not be in the best interest of the proposed annexed area and the burden of proof that the annexation is in their best interest falls on the Town. Some of the reasons they believe why it wouldn’t be in their best interest is the difference in rules and regulations regarding County and Town Ordinances for example concerning smoking, signs, zoning and noise.
They believe they will be able to meet the criteria and defeat the annexation through the remonstrance process. He was requested to present this information tonight to encourage the Council to not pass the annexation to avoid a formal remonstrance.
John Williams wanted to remind everyone that the Township has been in
partnership with the Town to support the schools for 40 years and have had to bear
their part of the burden over the years.
The Township supports an estimated 1820 students and the Town supports an
estimated 468 students.
Patrick Stoffers closed the Public Hearing discussion when no further comments were made known.
Resolution 10-04 to expand coverage of the Public Employer’s Retirement Plan
Sandra Hash read the resolution in its entirety. This Resolution expands the PERF coverage to include the position of Planning and Zoning Administrator. Lisa Creech made a motion to approve Resolution 10-04. David Drake seconded. Motion carried.
Resolution 11-04 designating certain Real Estate as an Economic
Revitalization Area (Smithville Telephone –
Sandra Hash read the resolution in its entirety.
Attorney Steve Emery representing Smithville Telephone Company explained there are two older structures east of the main office which have been used as warehouses. They will be torn down and rebuilt into offices and warehouse space.
Darby McCarty, Smithville Telephone, said it will be to consolidate the
Engineering Department, that’s presently in the commercial office, and the
supervision so there will be one reporting point. They will be consolidating the operations
they have in the Jack’s Defeat Mall and in their
Attorney Steve Emery added the forty or so Smithville employees that have been located at different areas will be brought to this area and approximately seven to ten new jobs will be created. He went on to explain under the Property Tax Abatement Statues in order to proceed with a request for a tax abatement the property must first be designated by the local municipality as an Economic Revitalization Area. Therefore, his client is requesting the area be designated as an Economic Revitalization Area and after that they will be requesting the abatement. If granted the abatement there will be chances to monitor the abatement because Certificates of Compliance have to be filed
each year with the Auditor along with a review hearing each Spring to make sure tax abatement is approved for each year to make sure the building has been built, jobs in place, improvements have been made. Therefore, the Council can review the abatement each year.
Lisa Creech made a motion to adopt Resolution 11-04. David Drake seconded. Motion carried with William Evans abstaining due to a conflict of interest since he is employed by Smithville.
David Drake stated Smithville Telephone is one of the “crown jewels” of Ellettsville and is happy they want to stay here and expand. He encouraged the Town to help them in this process.
Ordinances on First
Ordinance 04-08 to amend Title XV of the
Lisa Creech read the synopsis of the proposed amendment prepared by Jeffrey York and commended Jeffrey for his hard work on drafting this ordinance.
David Drake agreed stating it is a good policy.
Jeffrey York commented he and the Plan Commission had met twice to discuss his proposal.
Ordinances on Second
Ordinance 04-07 to amend Title VII of the
David Drake read Ordinance 04-07 in its entirety. This ordinance deletes the
Old Business - None
Interlocal Agreement with Monroe Regional Sewer District and City of
In September of 2002 the City of
Donation of needed Right-of-Way to INDOT for re-opening
Sandra Hash explained the Engineer from Woolpert in charge of doing the project needed to get the paperwork from the State Acquisition Office before he could proceed with acquiring the right-of-way. There isn’t enough information at this point.
Privilege of the Floor
Kevin Daily said he
came tonight as a representative for the residents of
roads and they have not been repaired as promised. Another issue he stated is the house at
Jeffrey York reiterated that certified letters have been sent out and returned and now the Town can start the process of the Unsafe Building Law from the State Code. He has spoken with Attorney Mike Spencer and Jim Gerstbaurer of the Monroe County Building Department about this issue. The Town has to follow State Code which states the Town can not trespass, therefore, they can not go in until an official inspection has been conducted which has been scheduled.
Jim Davis said Ed Bitner had brought up concerns about his address at the last meeting stating that 911 and the Post Office didn’t know how to find him. Therefore, Jim asked Deputy Chief Mike Cornman to clarify the change of address process to Ed, the Council and anyone else who was concerned about their address.
Mike Cornman stated
he and Fire Fighter Chris Clouse were appointed by the Plan Commission to take
care of assigning new addresses and any necessary revisions. He researched Ed Bitner’s address change
stating Ed was sent a certified letter on April 8th, 2003 stating
his address would be changed from 430 E.
Ed Bitner stated he didn’t say the Fire Department didn’t do their job and wasn’t accusing anyone. It wasn’t the people in Monroe County that had an issue with his new address it was the people outside of Monroe County who said his new address wasn’t a valid address. He also notified Vectren, Cinergy and Voter Registration about
his address change. He believes the Fire Department sent the notification but apparently they didn’t receive the complimentary notification.
Sandra Hash stated
Amber and she will be attending the League of Municipal Clerks and Treasurer’s Conference
William Evans wished his wife, Diana Happy Birthday.
She recommended making Jeffrey the Deputy Health Officer so he could
have equal authority. Lisa made a motion
to adopt the Planning and Zoning Administrator, Jeffrey York as Deputy Health Officer.
Lisa would like to recommend and appoint Jeffrey York to the Ellettsville Area Economic Development Commission. Jeffrey accepted the appointment. Lisa made a motion to appoint Mr. York as the liaison to the Ellettsville Area Economic Development Commission. William Evans seconded. Motion carried.
Patrick Stoffers asked for a motion to adjourn. Lisa Creech made a motion to adjourn the meeting. David Drake seconded. Motion carried. Meeting adjourned approximately at .
Patrick Stoffers, President David Drake, Vice President
Lisa Creech Phillip Rogers
William Evans Sandra C. Hash, Clerk-Treasurer