Roll Call: Members present were Dianna Bastin, President; David Drake, Vice-President; Scott Oldham, Phillip Smith and Dan Swafford. Sandra Hash, Clerk-Treasurer and Mike Spencer, Town Attorney were also present.
Approval of Minutes
Bastin entertained a motion for the approval of the minutes for the regular
Accounts Payable Vouchers
Dianna Bastin entertained a motion to pay Accounts Payable Vouchers. David Drake so moved. Scott Oldham seconded. Motion carried.
Resolution 03-09 to enlarge participation in the Public Employees’ Retirement Fund (PERF) by adding Administrative Assistant and Assistant Planning Director
Sandra Hash explained this resolution is to enlarge participation in PERF by adding the titles “Administrative Assistant and Assistant Planning Director”. The resolution has been amended, by request, from the last meeting.
Scott Oldham made a motion to approve Resolution 03-09. David Drake seconded. Roll call vote: Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes, Phillip Smith – yes; Dan Swafford – yes. Motion carried 5-0.
Scott Oldham asked, in regards to amending Resolution 03-09, does there need to be a motion to change Connie Griffin’s job title to Assistant Planning Director? Sandra stated that is a separate issue but she will be addressed as the Assistant Planning Director in this resolution. The salary ordinance will also need to be amended.
Oldham moved that we declare or name Connie Griffin the Assistant Plan Director
for the Town of
The following discussion took place before the vote
Dan Swafford asked if this will affect her job description or pay in any way. Dan feels there will be more duties going from an Administrative Assistant to Assistant Planning Director. Mike Spencer agreed and asked what the job description was for the Assistant Planning Director. There is currently no job description for this position. Scott Oldham stated Connie Griffin will continue the duties she has been assigned until a new job description is completed and there will be no increase in salary or benefits. It was clarified the job duties, in the Planning Department, will be divided to ease the stress of everyone involved. Dan asked Mike Spencer if Connie’s job title can be changed to include more duties without giving her extra pay. Mike Spencer said yes but the question should be “should you change a title without a job description”? Mike Spencer asked why the job title is being changed. Scott Oldham explained Connie is performing more jobs of an Assistant Planner as opposed to an Administrative Assistant with no change in money or benefits. Mike Spencer recommended preparing a job description before changing the job title. Scott Oldham stated Connie Griffin is aware of all of this. It has been an ongoing discussion with the Planning Department.
Ordinances on First
Ordinance 09-03 to change the zoning of lot #1 and #4 in the Richardson Subdivision on West State Road 46 from R-1 to C-3
Dianna Bastin explained this property is located next to the lumber yard. Looking at the old Wick’s Lumber look to your right, over one driveway and it is the green building that sits back.
Drake moved that Ordinance 09-03 be submitted for First Reading. Scott Oldham seconded. Roll call vote: Dianna Bastin – yes; David Drake – yes; Scott
Drake moved that Ordinance 09-03 be adopted on the same day as which it is
introduced. Dan Swafford seconded. Roll call vote: Dianna Bastin – yes; David Drake – yes; Scott
Drake moved that Ordinance 09-03 be adopted.
Phillip Smith seconded. Roll call
vote: Dianna Bastin – yes; David Drake –
Ordinances on Second
Ordinance 09-02 to change the zoning on the west corner of West State Road 46 and Deer Park Drive from R-1 to R-2
Frank Nierzwicki explained this is a request for a rezone of a four lot
Jeff Fanyo, Bynum Fanyo and Associates explained the drawings are a proposal on how the five lots can be created on the two acre tract of land. Dan stated there was a concern about the driveway on the lot behind the existing unit; looking at the proposed plans, will there be two drives? Jeff Fanyo explained the building is a duplex and will have separate driveways. His company reviewed the site distance, according to American Association of State and Highway Transportation Officials, the requirement is 115 feet of site distance and there is 158 feet of site distance. Dan asked if they looked into the concerns with drainage affecting the existing homes. Jeff Fanyo has not designed a system. Town Ordinance has a very stringent policy and requires the “post development 100 event” is retained down to the “predevelopment 10 year event” and the “post development 10 year event” is retained back to the “two year predevelopment”. This will help the situation “down stream”. Jeff Fanyo gave an example of another development where the design improved water runoff. He anticipated an improvement with the storm water management.
Frank stated all concerns would need to be addressed before there is any development on these lots. A rezone from R-1 to R-2 is what is being addressed this evening and that decision will decide the way the developer designs the development.
Jeff Fanyo stated the plans, that were presented tonight, are not the final plans and adjustments can be made. He was representing his client this evening for a rezone and presenting a schematic site design of “what could be done”. David Drake stated the Town Council can only approve or deny the Plan Commissions recommendation. The Town Council can not make changes to it at this time.
Mike Spencer stated the Town Board must consider the proposal, certified by the Plan Commission before acting on the proposal. They must pay reasonable regard to the following: Comprehensive Plan, current conditions and the character, current structures and uses, the most desirable use for which the land in each district is adapted, conservation of property value throughout the jurisdiction, responsible development and growth.
David Drake asked if the Plan Commission will have any authority to say “we would rather have a single family house there”. Frank stated because it is zoned R-2 it could still be built as an R-1. The Plan Commission, with reason, could say a property is not suitable for a “duplex” even though it was zoned R-2.
Scott Oldham asked if the duplexes are anticipated to be rentals or owner occupied. Jeff Fanyo understands they are going to be owner occupied. Scott asked Frank if this rezone is declined, would the developer want to put single family residents in the same plat. In Frank’s opinion, they are trying to maximize their revenue on this property. The way it is zoned will make a difference on how the land will be developed. R-1 is not as evasive as R-2.
Dianna Bastin asked Frank; when this comes before Plan Commission, no matter what they end up with or what they build that he take a close look at it. She suggested he bring the neighbors in on some of the discussions and keep them informed.
Drake made a motion we adopt Ordinance 09-02.
Dan Swafford seconded. Roll call
vote: Dianna Bastin – no; David Drake –
The following discussion took place after the vote; before the final motion
David Drake suggested guidance for the petitioner as to what will be needed to pass. Phillip Smith is worried about the drainage issue. He told of his own experience where he was in the same situation as Mr. Sanders. Dan Swafford is confident Bynum Fanyo would handle any drainage problems that come up during and after construction. Scott Oldham explained his abstention; he has been friends with Mr. Sanders for over twenty years and he did not feel it was fair. He would have voted no because he does not think the duplexes are the appropriate use for the property. Dianna is concerned about the drainage issues also.
Fanyo asked is this tabled or no action.
Mike Spencer stated there was “no action”. David Drake stated when there is “no action”
it will go into affect after a certain period of time since the Plan Commission
approved it. Mike Spencer explained no
passage of an ordinance and no rejection of an ordinance. The result of “no action” is passage. Mike Spencer researched the voting. Sandra Hash stated that when this came
before the Plan Commission, she voted no.
She explained this property has been an issue a few times over the
years. The last time it came before the
Plan Commission, they were requesting a commercial zoning and it was turned
down. The Plan Commission reviewed the
“East Ellettsville Plans” and it states properties with large lawns should be
maintained in order to show the difference between
Mike Spencer stated when there is a tie, under Section 36-5-2-a the Town Clerk casts the deciding vote to break a tie.
Dianna Bastin called for Sandra Hash’s vote on this issue, as the Town Clerk. Sandra Hash said this is a difficult decision to make but since she voted no at the Plan Commission, she feels that she should continue with that vote and voted no. The rezoning request failed.
Dianna Bastin explained on
Privilege of the Floor
Mr. Richardson asked if the Town has a code regarding keeping sidewalks cleared. Frank Nierzwicki is researching it. The Town Council has always urged people to clean their sidewalks. The Town is working on updates and will include sidewalks.
Joe Sanders apologized to Phillip, Dianna and Sandra for the assumptions he made earlier addressing the Board.
Mike Spencer stated the sidewalk issue is in the Town Code 92.01; it is the duty of each and every owner of real estate in the Town to remove snow and ice from the sidewalk or sidewalks adjacent to his/her real estate within 24 hours after the snow is deposited or the ice is formed.
Russ Ryle suggested putting something in the Town Code on what to do with 12 to 14 inches of snow. The street plows the snow back onto the sidewalks. Dan asked if the Street Department has any equipment that would clear thick snow off the sidewalks. Jim Ragle said they did not have any equipment like that. Dianna stated the Town did the best they could with what they were up against. Dan stated the Street Department did a wonderful job. Dianna commended the Marshal and his Second in Command.
Sandra Hash asked for verification for employee payment on the
“snow day”. Dianna Bastin explained
since the “snow day” was called at and there were some employees already working and most had to be there,
Dianna proposed a vote that the people who did make it are paid as a normal
day. The people that were scheduled to
work that day and could not make it (did not call in sick or have a prearranged
leave time) be given eight hours to take between now and the end of the year;
according to the guidelines their supervisors provide. The State Board of Accounts allows for the
action as long as it is fair and across the board which would include Police,
Fire and Street. Dan asked about the
Fire Department working 24 hour shifts instead of an 8 hour shift. Dianna answered the State Board of Accounts
states she has to be fair across the board and she drew the line at 8
hours. Jim Davis clarified when the
Personnel Policy was written; all holidays are paid in 8 hour shifts and this
is the way the “snow day” hours will be handled. Dianna would like to address this in the next
Supervisor’s meeting. This has not
happened for a number of years. There
were some people who could not make it to work and Dianna’s personal thoughts
were “it is not fair to make them use their PTO time”. Sandra stated “snow days”, dealing with
emergencies or the term “essential personnel” are not covered in the Personnel
Policy. Dianna said all employees are
essential but there are guidelines for State of
Bastin is asking for a motion.
Dianna Bastin called for a motion we adjourn. Scott Oldham so moved. Phillip Smith seconded. Motion carried. Dianna Bastin adjourned the meeting at