April 9, 2018
The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, April 9, 2018, at the Ellettsville Town Hall Meeting Room located at 1150 W. Guy McCown Drive. Scott Oldham called the meeting to order at 6:30 p.m. Brice Teter led the Pledge of Allegiance followed with a prayer by Jimmie Durnil.
Roll Call: Members present were Scott Oldham, President; Brian Mobley, Vice President; Kevin Farris, and Brice Teter. Scott Thomas was absent. Sandra Hash, Clerk-Treasurer; Darla Brown, Town Attorney; Rick Coppock, Bynum Fanyo & Associates, Town Engineer; and Mike Farmer, Interim Town Manager; were also present.
Supervisors present were: Mike Cornman, Jimmie Durnil and Kevin Tolloty.
Approval of Minutes
Scott Oldham entertained a motion for approval of the minutes from the regular meeting on March 26, 2018. Kevin Farris so moved. Brice Teter seconded. Motion carried.
Accounts Payable Vouchers
Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers for April 9, 2018. Mr. Mobley made a motion to approve accounts payable vouchers. Kevin Farris seconded. Motion carried.
Officer of the Year Award – Zach Michael
Town Marshal Jimmie Durnil presented Deputy Marshal Zach Michael with the Officer of the Year Award which he read as follows:
“This award is being presented for outstanding work effort for the year 2017. Your 130 criminal arrests resulted in 35 felonies and 95 misdemeanor charges. You took 1,346 calls for service and worked multiple criminal cases resulting in a considerable amount of recovered stolen property. You are also being commended for your exceptionable work as the Department’s Information Technology Technician. Your professional attention to duty is second to none. Police Officer of the Year 2017, Zach Michael.”
Marshal Jimmie Durnil read a summary of four of Deputy Marshal Michael’s cases.
John Newcomer Explaining 40-Hour Pre-Basic Training
John Newcomer, President of Alliance, Inc., gave a presentation of the 40-hour pre-basic training for reserve officers as well as an outline of their activities for 2017:
• Six officers on roster
– 226 calls as primary officer
– Assisted on 460 calls as secondary officer
– Three officers are cleared to work the streets on their own. The other three reserves ride with other officers on a regular basis.
• Officers worked a total of 1,977 hours but are only required to work a minimum of 16 hours a month
– Town patrol
– School patrol
– Edgewood athletic events
– County fair
– Fall Festival
– IU events which is how they receive most of the funding for the reserve unit
– Other community events/public engagements
• The Alliance made several purchases for the reserve unit and the department in general
– Computers for patrol cars
– Patrol and emergency equipment for patrol cars
– Stop Sticks
– Radios and batteries
– Vehicle repairs and maintenance
– Uniforms and duty equipment
– Officer professional development training
• Approximately $5,500
• 40- hour state mandated pre-basic training course
– Defensive tactics
– Emergency vehicle operations
– Local, state, and federal laws
– Ethics, responsibilities, and officer safety
– Report writing and citations
• Written unit tests, skills proficiency, and final exam
• Upon completion of pre-basic course, all new officers will complete approximately 16 weeks of field training
– Town geography
– Department and town policies/procedures
– Radio communications
– Computer systems and programs
– Calls for service
– Accident investigations
– Traffic stops
Marshal Jimmie Durnil requested to swear-in the following as reserve officers for the Police Department: Craig Patnode, Levi Martin, Jared Koon and Dustin White.
Kevin Farris made a motion to swear-in Craig Patnode. Brice Teter seconded. Roll call vote: Scott Oldham – yes: Brian Mobley - yes; Brice Teter – yes; and Kevin Farris – yes. Motion carried.
Kevin Farris made a motion to swear-in Levi Martin. Brice Teter seconded. Roll call vote: Scott Oldham – yes: Brian Mobley - yes; Kevin Farris – yes; and Brice Teter – yes. Motion carried.
Kevin Farris made a motion to swear-in Jared Koon. Brice Teter seconded. Roll call vote: Scott Oldham – yes: Brian Mobley - yes; Kevin Farris – yes; and Brice Teter – yes. Motion carried.
Kevin Farris made a motion to swear-in Dustin White. Brice Teter seconded. Roll call vote: Scott Oldham – yes: Brian Mobley - yes; Kevin Farris – yes; and Brice Teter – yes. Motion carried.
Sandra Hash, Clerk-Treasurer, administered the Oath of Office to Craig Patnode, Levi Martin, Jared Koon and Dustin White. Marshal Durnil presented a certificate for passing the 40-hour basic training course to the Officers.
Swearing in of Lloyd Hawkins as a Part-Time Police Officer
Marshal Jimmie Durnil requested to employ Lloyd Hawkins as a part-time officer. Mr. Hawkins retired from the Bloomington Police Department after 20 years. He is opening a Farmers Insurance Agency in downtown Ellettsville. Mr. Hawkins is replacing Logan Frye.
Scott Oldham made a motion to hire and swear-in Lloyd Hawkins as a part-time officer. Brice Teter seconded. Roll call vote: Scott Oldham – yes: Brian Mobley - yes; Kevin Farris – yes; and Brice Teter – yes. Motion carried.
Sandra Hash, Clerk-Treasurer, administered the Oath of Office to Lloyd Hawkins.
Marshal Jimmie Durnil advised the Police Department has eleven full time officers, four part-time officers and several reserves officers. Marshal Durnil introduced Chaplain Randy McCollum. Mr. Oldham congratulated the officers.
Ordinances on Second Reading
Ordinance 2018-01 Creating Separate Funds for Meter Replacement for Both Water and Wastewater
Sandra Hash, Clerk-Treasurer, explained the funds will be established in the same manner as the Vehicle Replacement Fund. There will be a monthly transfer from Water Operating and Sewer Operating into this fund. Mr. Farmer added it’s for meter replacements that are on a 15-year rotation. It will reduce water loss due to old and malfunctioning meters.
Scott Oldham entertained a motion. Brice Teter made a motion to pass Ordinance 2018-01 Creating Separate Funds for Meter Replacement for both Water and Wastewater. Kevin Farris seconded. Roll call vote: Scott Oldham – yes: Brian Mobley - yes; Kevin Farris – yes; and Brice Teter – yes. Motion carried.
Ordinance 2018-06 to Amend Chapter 152.090 – Uses Permitted by Special Exception in Industrial-2 Districts
Darla Brown, Town Attorney, explained both this ordinance and the ordinance to amend Chapter 152.296 were tabled at the last meeting because Town Council questioned if there was a way to draft the ordinances in such a manner to prohibit transfer stations in Ellettsville. Her answer to that question is no. They’re back to the language suggested by the Plan Commission. The Town Council has the opportunity to make some changes and send it back to the Plan Commission. An ordinance cannot be drafted stating transfer stations are not allowed in Ellettsville. Transfer stations can be restricted to certain zones or the ordinance can be drafted in a manner so that certain requirements have to be met. Mr. Oldham asked what a valid term or condition would be. Ms. Brown answered it is contained in §152.296(B)(2)(i). For example, the Plan Commission said a recycling facility or transfer station has to be accessed from a designated truck route, all permits secured, can’t be located in a floodplain or conservation zoning district and not closer than 1,000 from the boundary of a residential or commercial zoning district. If someone wants to put a transfer station in Ellettsville they have to secure a permit from the Indiana Department of Environmental Management (“IDEM”) which is governed by statute. The applicant has to produce contact information for the Town Council and sufficient evidence to show that all taxpayers of record located within a half mile of the proposed site boundaries have been notified. They’re required to prove the proper zoning approvals have been obtained. If IDEM decides to grant a permit there is a hearing. However, the Town Council would be notified afterwards if the permit has been granted. The Council’s remedy would be to file a petition for administrative review under the Administrative Orders and Procedures Act if they’re not happy with IDEM’s decision. The Town Council would have to prove IDEM’s decision was unreasonable or arbitrary and capricious.
Kevin Farris asked if the items under §152.296(B)(2) could be stricter. Item No. 4 says “The proposed site shall not be located outside of and not closer than 1,000 feet to the boundary of a residential, or commercial zoning district.” Could this be changed to one-half mile, one mile or five miles. Ms. Brown answered if it was changed to five miles then, in effect, you’re saying you can’t have a transfer station in Ellettsville. Mr. Farris doesn’t think 1,000 feet is that far. In zoning, the main concern is how does is it directly effect the people in that area. Ms. Brown said it can be made more stringent such as increasing the distance. Mr. Oldham asked if schools, government facilities or properties serviced by a well could be added. Ms. Brown replied if an applicant for a recycling facility or a transfer station wants to apply for a special exception the Board of Zoning Appeals has to make certain all requirements have been met. Mr. Teter stated under §152.090, the proposed language is “recycling facility, solid waste sorting facility or transfer station (I-1 and I-2 district).” However, §152.090’s title includes “SPECIAL EXCEPTION IN I-2 DISTRICT”. Why are I-1 and I-2 districts included in it? Is there a possibility a transfer station or solid waste sorting facility could go into an I-1 district? Mr. Tolloty answered that is how the ordinance was written but it could be changed to I-2 only and would be more restrictive.
Valerie Dewar asked about the three boards in Town. Mr. Oldham explained they are the Town Council, Plan Commission and the BZA. Ms. Dewar asked if the Planning Department is proposing an ordinance and something is requested as a special exception what groups in the Town have any authority or voice in that exception. Mr. Brown answered the BZA decides according to statute. Ms. Dewar asked if there is anything in the ordinance about karst areas or watersheds? Mr. Tolloty replied they are not in the ordinance. Ms. Dewar asked if it is because there are not any. Mr. Tolloty doesn’t know why it wasn’t in there before and it did not come up in discussion. Ms. Dewar’s previous experience with the transfer station in Monroe County found those to be major issues because there is a lot of runoff water with a trash transfer. They want to watch what watershed it would go into as well as karst areas and groundwater wells. They need to look at this from an environmental standpoint. Mr. Oldham stated the Town owns three capped wells and he doesn’t want to get to the point that they approve something that renders them unusable in the future. The Town sets on limestone with water under it and leaching from any industrial base is a concern. This worries Ms. Dewar because those issues were not addressed prior to applying at IDEM. IDEM expected the local area to address those issues. Thank you to Mr. Farris for wanting to move the boundary farther out in residential areas especially when dealing with odor and sound. She is not suggesting the Town not have one because they will probably have to in the future. When trying to promote Ellettsville has a community where people want to live they do not want to mess up the area and they have to be environmentally, economically and residentially concerned. There is nothing in the ordinance about decibel levels and trash transfers can be noisy. She was one-quarter of a mile from the transfer station south of Bloomington and could hear the trucks. Thank you for your consideration.
Darla Brown responded to Ms. Dewar’s questions. Go back to the code section that deals with new permit applications and the procedures applicants have to follow when applying to IDEM for a transfer station. Applicants have to, among other things, provide a United States Geological Survey Topographic Quadrangle Map, documentation of the base flood elevation within a fourth of a mile from the proposed facility. Applications must include a plot plan or plans for the facility, show surface water drainage, floodplains, floodways, wetlands, water courses, surface water features and floatable drinking water wells, roads and buildings within a half mile of the facility and all liquid waste streams generated or accepted by the facility, procedures for controlling dust, noise, odors, litter and daily cleanup procedures for solid waste storage processing loading and unloading. These are some of the things IDEM addresses in the application process. Mr. Oldham asked if it is in IDEM’s purview to reject an application based on any of those items or would it be a cause for the Town to say it is capricious in the granting. Ms. Brown replied if he is asking her what the specific guidelines are that IDEM uses she can’t tell him that and can only tell him what is part of the application process. Ms. Dewar stated in her previous experience, IDEM did send the application back with 47 questions. It did not mean it was denied and they had 30 days to answer the questions. If that had happened it would have rested with the board in Monroe County to then determine whether or not the information was correct. Her experience with IDEM is they’re very good but because the 30 days went by before everyone was notified it was almost missed.
Scott Oldham asked if the ordinance is sent back to Plan Commission with a request that they look at noise, distance, well water, etc., is that sufficient to give them guidance and have them reconstruct it. Ms. Brown answered the statute says if it is sent back to the Plan Commission they have be given specific reasons why Town Council rejected it. Her concern is that IDEM is really the entity that decides whether or not the transfer station can go in. The Town’s job is to say here’s the zoning for it. If the Town is going to have this it gets to determine the zoning and wants to require certain building permits that is also permissible. She doesn’t think the Town should be in the business of deciding how the transfer station should be constructed as it is IDEM’s job. She is concerned if the Town starts getting too much into it, the state may step in and say it’s within their purview to decide the requirements and the Town can decide where it can go within the appropriate zoning. If they’re interested in the Plan Commission looking in detail at some of those other things she can look and see what other communities have done with regard to how detailed their ordinances are for transfer stations. There is not a lot of case law that has been argued as far as towns or municipalities being able to say what the requirements are for building a transfer station. Mr. Farris reiterated he would like to change the distance to one-half mile from the boundaries of residential and commercial districts. Mr. Oldham asked if there are any areas in I-1 or I-2 districts that are not within one-half mile of any other facility. Mr. Tolloty answered not at this time. Everything is either close to residential or a floodplain. Mr. Oldham thinks the point is it has to go somewhere. Mr. Farris gave an example of someone wanting to build a transfer station and because the site was within a quarter of a mile from houses, they could buy the houses and tear them down. Mr. Mobley thinks it should be sent back to the Plan Commission with the corrections that have been discussed. Mr. Oldham asked if they can set a timeline for an ordinance to be reapproved in order to force a future Council to look at it. Ms. Brown doesn’t know of any way to do that. The Council can revisit any ordinance at any time. Mr. Mobley doesn’t like the idea of an applicant going to IDEM first. Mr. Farris wants the ordinance to go back to Plan Commission for it to be rezoned to I-2 and a half-mile from the boundary residential and commercial zones. There was a discussion on karsts and watersheds. Mr. Tolloty suggested including a buffer for karst areas.
Rick Coppock, Bynum Fanyo and Associates, advised the Town has adopted the county drainage ordinance by reference in Town code. Mr. Oldham summarized the ordinance is being rejected because of wider zoning than what they want, distance, restricting watersheds, karst and schools. Mr. Tolloty suggested Town Council deny the ordinances and he will rewrite them with additional restrictions. The next Plan Commission is in May.
Scott Oldham entertained a motion concerning Ordinance 2018-06 to Amend Chapter 152.090 – Uses Permitted by Special Exceptions in Industrial 2 Districts. Kevin Farris made a motion to reject Ordinance 2018-06 to Amend Chapter 152.090. Kevin Farris seconded. Roll call vote: Scott Oldham – yes: Brian Mobley - yes; Kevin Farris – yes; and Brice Teter – yes. Motion carried.
Ordinance 2018-08 to Amend Chapter 152.296 – Special Exceptions
Scott Oldham entertained a motion to reject. Kevin Farris made a motion to reject Ordinance 2018-08 to Amend Chapter 152.296 – Special Exceptions. Brice Teter seconded. Roll call vote: Scott Oldham – yes: Brian Mobley - yes; Kevin Farris – yes; and Brice Teter – yes. Motion carried.
Brian Mobley advised Mr. Coppock sent out the Requests for Proposals. Proposals are to be returned to the Town by May 14, 2018, interviews are June 4, 2018, and the selection committee will make its recommendations to Town Council on June 25, 2018.
Scott Oldham asked if there was flooding in Town over the last two weeks. Marshal Durnil answered no.
Agreement between the Ellettsville Street Department and Bivvy, LLC for Sign Inventory, Stormwater GIS, and the Ellettsville Utilities for Potable Water and Sanitary Sewer GIS Software
Rick Coppock, Bynum Fanyo and Associates, explained this is a program that maps streets, storm sewers, signs, water and sewer. The map is similar to the county’s GIS aerial map. The mapping program will have a sign inventory and storm sewers which is the Street Department’s portion. The contracts are to provide the service on a monthly basis. The map will be a living document. Staff will continue to update the inventory of signs and storm sewers. Workers in the field will have the ability to view the map on their phone or tablet. Information such as manhole depth, flow direction, station pump information and so forth can be added for each location.
Kevin Farris asked how much the program cost. Mr. Coppock answered the mapping program is free. Ms. Hash added the fee is $1,620 for signs, $1,620 for storm sewers and $3,240 for water and sewer or $6,480 for all. Mr. Farmer noted water and sewer will pay for their portion. Bivvy, LLC is a local firm. Paper maps are cumbersome and this program will bring the Town into the 21st century. It is affordable, easy to use and requires little training. Mr. Mobley asked if the Street Department has the funds in their budget to pay for the program. Ms. Hash answered Stormwater will pay for their portion and the Street Department has money in the street sign grant to cover the first year. Mr. Tolloty advised the grant can only be used for street signs and may not be permitted to be used for anything else. Ms. Hash said the Street Department advised they have the funds set aside for the program.
Scott Oldham entertained a motion. Kevin Farris made a motion to enter into an agreement with the Ellettsville Street Department and Ellettsville Utilities with Bivvy, LLC sign inventory and stormwater GIS software and potable water and sanitary sewer GIS software. Brice Teter seconded. Roll call vote: Scott Oldham – yes: Brian Mobley - yes; Kevin Farris – yes; and Brice Teter – yes. Motion carried.
Mike Farmer, Interim Town Manager, commented Rick Coppock took point on this and all of the technical aspects. He appreciates Mr. Coppock’s expertise.
Mike Farmer, Interim Town Manager, announced work on the Deer Run Drive stormwater project is scheduled to begin so the road is closed. Everyone will need to take the appropriate detours.
Fire Chief Mike Cornman provided a copy of the Fire Department’s year-end report. A brief presentation will be given at the next meeting.
Town Marshal Jimmie Durnil presented a brief synopsis of the Police Department’s annual report. The Police Department is in the process of obtaining two bicycles for patrolling in Ellettsville. It will not cost the Town anything for training or equipment. Three officers are interested and one has been trained. Two will be trained by the Indiana University Police Department in June.
Sandra Hash, Clerk-Treasurer, mentioned at the last Town Council meeting there was a discussion on slide replacement at the playground. It was decided to take $5,000 from the Town Manager’s salary appropriation. However, the quote was for more equipment than needed it was reduced. Therefore, they only need a difference of $1,749. There is $3,500 in the materials line of the Parks Board budget. Do they want it paid from existing funds in the Parks Board or transfer $1,749 from the Town Manager’s salary? The consensus was to transfer the funds from the Town Manager’s salary.
Town Marshal Jimmie Durnil advised Evansville has a set of slides similar to those in Campbell’s Park and they are going to donate them to Ellettsville. Someone from the Town will have to pick them up.
Brian Mobley commented streets are being worked on around Ellettsville. Mr. Farmer added they’ve started milling the streets. Paving will begin next week.
Town Council Comments
Kevin Farris announced they’re starting a drive for the Boys and Girls Club.
Scott Oldham announced Duke Energy is trimming trees in the park area.
Privilege of the Floor
Scott Oldham entertained a motion to adjourn. Kevin Farris so moved. Brice Teter seconded. Scott Oldham adjourned the meeting at 7:46 p.m.