April 12, 2010

 

 

 

The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, April 12, 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; Scott Oldham, Vice-President; Dianna Bastin, David Drake, and Dan Swafford.  Sandra Hash, Clerk-Treasurer and Darla Brown, Attorney were also present.  Supervisors Present were:  Mike Cornman, Jim Ragle, Jay Humphrey, Connie Griffin, Mike Farmer, Jeff Farmer and Rick Coppock.

 

Approval of Minutes

Phillip Smith entertained a motion for the approval of the minutes for the Regular Meeting March 22, 2010 and the Executive Session March 31, 2010.  Dianna Bastin so moved.  Scott Oldham seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.

 

Accounts Payable Vouchers

Phillip Smith entertained a motion for action to pay Accounts Payable Vouchers.  David Drake so moved.  Dianna Bastin seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.

 

Proclamation Proclaiming April 25, 2010 as Parental Alienation Awareness Day

Phillip Smith read the proclamation in its entirety.

 

Ordinances on First Reading

Ordinance 10-05 to amend Chapter 152 of the Ellettsville Town Code to add a Municipal Public District Classification

Connie Griffin, Director of Planning – bringing before the Council a new zoning classification that is considered a protective overlay.  In the Plan Commission, it has been discussed the terminology as Municipal Public District.  The I-69 Grant with the Office of Community and Rural Affairs and INDOT specifies that we would protect our Wishing Well Nature Park area and turn it into a nature preserve.  After discussion, it was determined the Town wanted to hold on to this property and keep it a part of the Town and protect it.  The students also use this area for educational purposes and for passive recreation.  This zoning district has now been established with the MPD-1 being the most restrictive and being the nature preserve; MPD-2 being a little less restrictive and covering our Memorial Park and our Campbell’s Park areas.  Connie Griffin went on to say this comes at a good time because when the students first came to us, they informed us of some cutting of wood taking place.  At the end of February, Dan Swafford and Connie Griffin took photographs of the damage done.  This afternoon she was contacted by Ecologic Inc. who has been working on our plant and animal species inventory for the I-69 Grant.  They let her know that there was some sort of tractor or recreational vehicle tracks causing some ruts in the Park.  There was also grass piles observed being dumped in the area.  This is another reason to set the boundaries for this area.  She then displayed for viewing a couple of maps showing the green space inventory which included the Wishing Well Nature Park area.  She went on to say we have very little green space in our Town and is in hopes we could get this protected through the Town Council as part of the municipal code.  Phillip Smith stated he thought there needed to be a fund started to provide fencing for the area to prevent the vandalism.  Connie Griffin felt this was going to be a necessary step to establish the boundaries for the area.  It should be as naturally done as possible since it will be minimally disturbed.  Connie Griffin added it has been classified a Class B ordinance violation which is a $1000 fine per incident.  Dianna Bastin stated her concern is to keep this as natural as possible – don’t bring anything in – don’t take anything out – unless it’s for educational purposes with the children.  She would like to see any fencing minimized, any concrete poured into the ground for fence posts, anything like that.  She added she wants it to be as natural as possible.  Phillip Smith commented he wanted to see something like a split-rail fence laid on the ground – nothing buried in the ground – which would naturally decay and go back into the ground.  Connie Griffin remarked she thought that would be something they would agree on – to leave it as natural as possible.  She has added a couple of protection items in the code if the Town gets to the point where it has to consider some sort of other use for that property – such as paved or unpaved trails, etc.

Kate Myers, student - stated they have worked really hard on this and would hate to see a structure built on it.  She added they were iffy about the fence.

Phillip Smith entertained a motion on this item.  Scott Oldham moved that Ordinance 10-05 be submitted for a first reading.  Dan Swafford seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.

Scott Oldham moved that Ordnance 10-05 be adopted on the same day at which it is introduced.  Dianna Bastin seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.

Scott Oldham moved that Ordinance 10-05 be adopted.  Dan Swafford seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.

Phillip Smith announced to the kids that it is done.  Applause was received from the audience. 

Judy Morran, EIS teacher – asked if they could make a few statements in thanks to the Council.  She went on to thank the Council and Connie Griffin not only for listening, but for allowing the students to see what “by the People” means in this country.

Carolanne Houghton, student – stated her whole class really appreciates what the Council has done for their future.

Zachary Funkhouser, student – thanked the Council for fulfilling their dreams and making the Wishing Well Nature Park a nature preserve.

Nick Mobley, student – thanked Dianna Bastin for trying to keep it a natural well site so future generations can continue to learn more about it and the history of how it was used.  He thanked the Council for considering their request to make it a nature preserve.

Kate Myers, student – expressed appreciation for the Council being flexible when they needed to change things.  She added she wanted to thank them for being patient during their presentations.  She especially wanted to thank them for listening to them and giving them respect.  She added with their help, they won State from their Disney Planet Challenge.

Hannah Adams, student – thanked the Council for helping them succeed in their goal.  She went on to thank them for their time and patience with all of them.

 

Old Business

Agreement between the Town of Ellettsville and Ellettsville Main Street, Inc. concerning the Heritage Trail

Scott Oldham – stated that clearly it is time for us to show our commitment to this since it has been in the works for well over a decade or at least been talked about for well over a decade and something needs to be done.  Phillip Smith agreed.  Scott Oldham made a motion to approve the agreement between the Town of Ellettsville and Ellettsville Main Street concerning the Heritage Trail.  Dianna Bastin seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.  Dan Swafford thanked Jeana Kapczynski for all her hard work.

Agreement between the Town of Ellettsville and Indiana Department of Transportation Project Coordination Contract

Connie Griffin, Director of Planning – remarked that one of the prerequisites of signing the INDOT contract was reaching an agreement with Main Street, Inc. and thanked the Council for getting that part done.  Now we are in a great time-frame to go ahead and consider signing the INDOT contract.  The RFP (Request For Proposal) scores for the preliminary design and environmental review are now at INDOT.  We should be hearing back from them within the next week to let us know who our #1 selected firm is.  We can begin contacting them and negotiating for the consultant in the environmental review project work to begin.  Phillip Smith entertained a motion to accept the agreement between the Town of Ellettsville and INDOT.  Scott Oldham made a motion to approve the agreement between the Town of Ellettsville and Indiana Department of Transportation Project Coordination Contract.  Dan Swafford seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.

 

New Business

Letter to Northern Richland Officers and Board of Directors regarding offer to purchase the Northern Richland Sewage Works Facilities

Darla Brown, Attorney – stated someone needed to make a motion to offer to purchase the NRSC for $16,500.  Dianna Bastin made a motion that we offer to purchase the NRSC for $16,500.  David Drake seconded.

Discussion prior to the vote:

Dan Swafford asked if they refuse this offer, where do we go from there.  Darla Brown replied she could amend it any way they would like, but, in the closing paragraph, she suggested if we don’t get a response by June 1, 2010 that we would proceed with any procedures available to the Town under the Indiana code.  David Drake added that according to this we are not committed to take further steps if the NRSC doesn’t accept the offer.  Darla Brown confirmed this and stated that if the offer is accepted, there are further procedures we would have to go through.

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

Darla Brown then stated there needed to be a second motion to send out the letter she drafted as amended by Mr. Drake.  David Drake stated his only comment about the letter was should it say if the Town had not reached an agreement NRSC in response to the letter by June 1st, then we would proceed with other measures.  Theoretically, they could come back with $25,000.  Scott Oldham agreed stating the negotiations could drag on and on if we don’t set a deadline for the agreement, not just any response to the letter.  Dan Swafford agreed with the others that we can’t sit around and wait forever.  Maybe we just need to regroup and come up with a game-plan if we haven’t received a response by June 1.  David Drake expressed his concern that past history has shown that sometimes we talk and talk and nothing gets accomplished.  Scott Oldham stated it’s akin to the Heritage Trail agreement and it can go on and on and it needs to end.  David Drake replied if they all understand that it has to be some response that has potential then we will act accordingly.  We need to recognize that if we don’t get something that we feel is satisfactory to us by June 1st then we will consider taking further actions.  Dianna Bastin stated she didn’t think anyone listed on the face-page will be taken by surprise by this offer.  They are just waiting on the formality of the letter.  But, she agreed that we can’t let it turn into our Heritage Trail and be working on it for decades.  Russ Ryle interjected that old business practice states putting in the statement that this offer is open for x number of days.  Phillip Smith responded that is what they have done by putting June 1 as the deadline.  Dan Swafford remarked that if we don’t hear a response, we don’t have a plan for what we are going to do June 1st.  Darla Brown responded that she had stated in the letter the Town would take all necessary steps to acquire the sewage works facilities allowed by the law.  Dan Swafford reiterated he meant the amount of $16,500.  Darla Brown said that’s why she left it open because if they came back with a response that seemed like they were interested, she would prefer to leave it open with the understanding that we don’t want it to go on forever.  David Drake asked, without going into great detail, should we state why we are doing this.  We are trying to protect the sewage treatment plant.  Darla Brown answered she had tried to put that into the letter.  David Drake clarified that he meant to make a statement to the public, who doesn’t have access to this letter, as to why they were trying to do this.  He went on to say it’s not to try to make money, because it would probably cost more money than it will make in the near future, but it was to protect and maintain the plant and its infrastructure.  Dianna Bastin made a motion to accept the letter with the amendments discussed to be sent out to the persons noted on the face sheet from Kelley, Belcher, and Brown.  David Drake seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.

Autumn Ridge – Street repair, Street Bond and Building Code 152.164

Phillip Smith stated he understood this was to be removed from the agenda for tonight.  Darla Brown informed Council that she understood that the people from Autumn Ridge did not have a specific motion or resolution; they just wanted to generally discuss their concerns.  She would prefer that the record show that the Autumn Ridge members request to be on the agenda has been withdrawn at the request of the residents of Autumn Ridge.  They can renew their request later.  Phillip Smith concurred.

 

Supervisor Comments

Mike Farmer, Ellettsville Utilities – informed the Council they were going to start their water project on First Street from Dewey to Oak and then on Ritter Street from First to Second.  They will be installing new water lines, replacing the old lines.  It will snarl traffic, so he wanted to inform them.  Phillip Smith asked if there would be Boil Water alert.  Mike Farmer answered there would not be one.  There will be an outage and they’ll do hand-outs before they shut the water off.  Mike Farmer added it would upgrade the water quality and they will be adding some fire hydrants and flow will increase dramatically after they are done.

Mike Cornman, Deputy Fire Chief – asked the Council if the Fire Chief had the administrative power to allow the fire station to be a poling site for the Spring and Fall election days or if it needed to be brought before Council for approval.  Darla Brown responded she thought it would be an administrative issue and the Fire Chief could decide that.  Mike Cornman went on to express his appreciation for the maintenance and upgrading to the water lines in Ellettsville.  This has allowed them to maintain their good fire insurance rating.  Approximately 40% of your insurance rate is based on your water supply so we are thankful it is still a priority and is still being addressed as money allows.

Connie Griffin, Director of Planning Services – informed the Council that she has been working on a binder for information on Autumn Ridge she has found in the office.  It is available for any of the Council to review.  Also, if Council has a document they wish to place in it, it can be placed in there as well.  The I-69 Grant requirements are coming to completion.  We have now received our Capitol Improvement Plan document as well as the Green Space inventory by Schneider.  She still has the Five Year Parks and Recreation Master Plan – she is probably 75% finished with that.  The Downtown Area Study is probably only 10-15% done.  INDOT will receive everything that has been completed to date and they will give us any kind of comments or changes they want to see made within the documents.  They will return those to us and we will amend them as necessary.  We then start the close-out process which should be completely done by mid-June.  She thanked Council for all their assistance to get this accomplished.

Sandra Hash, Clerk-Treasurer – announced that she had provided some financial information to Council tonight.  At the next meeting there will be a resolution for a temporary loan between funds.

Privilege of the Floor

Jeana Kapczynski, Ellettsville Main Street – wanted to thank the Council, and all others, for being in favor of the Heritage Trail.  It was great to have the young people here tonight talking about history because we want to make things along the Trail historic too.  Also the nature of the water and the trail will make it nice for those kids as well.  She reminded everyone of the Heritage Hike.  The first one will be this Saturday the 17th.  It’s non-competitive and it’s free.

Council Comments

Dianna Bastin – In light of the announcement by the Utilities Department about road work, she would like to remind everybody that utility workers and street workers are just like fire and police in the fact that they are protected.  Slow down, move over, stop when they tell you to, follow what they say and they are not the ones that make the decision on when they turn the water off or when it comes back on.  So, don’t harass them here or in other communities.

Phillip Smith – expressed his appreciation to the elementary students for showing up.  This is what we are all about.  There are several who are interested in Town Board meetings now.

Adjournment

Phillip Smith entertained a motion to adjourn.  Scott Oldham so moved. Dianna Bastin seconded.  Motion carried.  Phillip Smith adjourned the meeting at 8:22 p.m.