Ellettsville, Indiana, Town
Council met in regular
session on Monday, January 22, 2007, at the Fire Department Training and Conference
Room.Dennis Williamson called the
meeting to order at with a prayer and the Pledge of Allegiance.
Roll Call: Members
present were Dennis Williamson, President; Dan Swafford, Vice- President;
Dianna Bastin, Ted Robertson and Phillip Rogers. Sandra Hash, Clerk Treasurer;
Mike Spencer, Attorney and Rick Coppock, Town Engineer were also present.
Supervisors Present:Jim Davis, Jim Ragle, Ron McGlocklin, Jay
Humphrey, Mike Farmer, Jeff Farmer and Frank Nierzwicki were present.
Approval of the minutes
Bastin made a motion to approve the minutes for the Regular Meeting January 8, 2007 and the Executive Session of January 16, 2007.Phillip
Rogers seconded.Motion carried.
Action to Pay Accounts Payable Vouchers
Swafford made a motion to approve the Accounts Payable Vouchers. Dianna Bastin seconded.Motion carried.
02-07 Cancellation of Warrants (old outstanding checks)
Sandra explained the checks have been outstanding for
over two years.It is required to cancel
these by March first of each year.The
total is $70.82.
Fund (three checks) - $9.00
Department - $31.82
Deposits - $30.00
Dianna Bastin made a motion that we approve Resolution
02-07.Dan Swafford seconded.Motion carried.
on Second Reading
06-26 to establish a schedule of rates and charges for the users of the
Stormwater System of the Town of Ellettsville and Matters
Horan with Umbaugh briefly went over
the proposed rates.The proposed rate is
$3.00 per ERU (Equivalent Runoff Unit).The average ERU for all the residential property
in Ellettsville is 3,720 square feet.The equivalent runoff unit is calculated based on the asphalts that
carry rainfall (sidewalks, driveways, rooftops) and other sediments into the storm
water system.To calculate a non residential
rate the total square footage would be divided by 3,720 (the average
residential) for the “Calculated ERU”.She
referred to a chart that indicated Ellettsville fees are much lower than other
cities in Indiana.
Kevin Daly, resident of 410 Vine Street asked why the creek was not dredged when State Road
46 was redone.Vine Street is a flood
zone and would like to know how this relates to Stormwater System.
said the Stormwater user fee relates
more to the town’s streets and stormwater drainage system.The creek is regulated by the Department of
Natural Resources and the Town has asked on occasion to be able to clean the
creek out.They are allowed to clear a
log but not allowed to dredge or widen the creek.
concern is the flood damage to the
homes on Vine
would this fund help.Rick Coppock has looked at this for many years and the Corp of
Engineers prepared a study.The creek
and flood plain boundaries are established by the Corp of Engineers and
Department of Natural Resources.
Williamson clarified flood control is
a DNR responsibility and what we are talking about is water quality issue with
Hayes, resident of PaddingtonPark asked why our fees are higher than Bloomington.Dennis
explained there was a budget put together and the fee was calculated from there.Christina added some cities’ rates have been
in place for many years and they will be increasing them.The rates are set high enough so the Town can
actually do something so the residents can see something is being done rather
than having the bare minimum.Dennis
stated $40,000 was spent from the General Fund to comply with Rule 13 governing
run off.The rate has been calculated so
it will not need to be raised.
Mike Cornman encourages the Town to pass this ordinance
tonight.Studies have been done and show
the creek water is getting worse.The
stormwater needs to get into the storm sewer.There are several streets in the town where the water does not get into
the storm sewer.We need to keep the
storm water decent.In regards to the
State Road 46 project, when Mike was on the board they did attempt to get all
flooding issues on the States bill.He
informed the Council the local Emergency Management Agency through the
Department of Homeland Security and Federal Emergency Management Agency has
Mitigation Plans for flooding.He
recommends a plan be put together for a grant.
Ed Bitner, Main Street resident does not want this passed as written.He pointed out a couple spelling errors.He questioned the charge for residential
units with multiple residences and a single roof span.Rick Coppock clarified the charge is based on per property and if
there is a property Ed is questioning, they will look at it.Ed questioned the old laundry mat on the
corner of Sale
Vine and the apartments on Mathew and Vine Street.Rick
explained the difference between residential and commercial.An apartment would be classified as
commercial with each resident being billed.
Ed questioned Phillip Rogers stating he ran under the
pretense of reducing water and sewer bills.To date this has not happened.He
went on to talk about retired sewer bonds and Sewer Department surplus.Sandra clarified the sewer plant is on a twenty
year State Revolving Fund that is not paid off.Ed feels an adjustment could be made in the rates being charged for
sewer with the surplus.Rick Coppock explained the State Revolving Fund is for twenty
years, started in 1998 and still has a ways to run.There is no surplus in the waste water fund
but there is an equipment replacement fund that is funded each month for the
repairs to the sewer treatment plant.Money is set aside for equipment replacement.He reiterated the Stormwater User Fee is not
a tax but a fee that everyone contributes to.Ed does not mind paying the three dollars now but does not want this fee
raised.Dennis said the Stormwater Fee
has been discussed since December.Ed
recommended Phillip not to run on the pretense of lowering sewer rates.
Dianna Bastin made a motion that we approve Ordinance
06-26 to establish a schedule of rates and charges for the users of the
Stormwater System of the Town of Ellettsville and Matters Connected therewith.Phillip Rogers seconded.Roll call vote:Ted Robertson – yes; Phillip Rogers – yes; Dennis Williamson – yes; Dianna Bastin – yes; Dan Swafford – yes.Motion
Employment of Town Attorney
Spencer submitted a new contract for
the annual retainer of $8,500.There
will be a charge of $130 per hour for Senior Attorney; Associates rate of $110
per hour and Legal Assistant $50 per hour.He has been the Town Attorney for 24 years.
Phillip Rogers made a motion we accept the Contract
with Michael Spencer as Town Attorney.Dan Swafford seconded.Motion
and Enforcement of the Subdivision Ordinance at the request of Art Hayes
Nierzwicki, Director of Planning
Services was asked to talk about the application and enforcement of the
subdivision ordinance.He read portions
of Ellettsville Town Code 153.001.He
touched on basic details:
adequate light, air, open spaces, drainage, street and public utilities
and maintain a healthy, attractive and efficiently built environment
plan has a vision and quality development issue
subdivision regulations must implement the quality development policies
that are found in the comprehensive and rural community plan
plat will be conducted in a public hearing
will be approved subject to the petitioners strictly following subdivision
regulations and financially securing the cost of future infrastructure
divisions of land will be approved at the same meeting for both primary
and final plat
a strict compliance with submitted plans and commitments will be
up by the Director of Planning Services will be required and a written report
submitted to the Plan Commission
Frank Nierzwicki has the enforcement to follow through
with the review of plans and work with other town employees as needed reviewing
is a 28 year resident and read a
statement she prepared.Failure to
follow the Subdivsion Regulations has resulted in:
plantings and basketball poles obstructing street right of ways and
forcing pedestrians to walk in the road
in new subdivisions being placed next to the street instead of being
separated from the street by a grass strip.Prior ordinances called for the grass
strips separating the street and sidewalks
next to the street are a safety hazard especially when there is not a
next to the street are covering many utility easements.How quickly can gas lines be accessed
subdivision having only a twenty four feet curb to curb width instead of
responsibility is it to enforce subdivision regulations; why are these
errors continuing to occur?Is this
present Town Council willing to commit to the tax payers of
Ellettsville that they will actively pursue a resolution to all of these
violations?Why should the
Ellettsville tax payers continue to shoulder additional fees to fix errors
that the developer should have installed correctly the first time?
When will Subdivision
Ordinances be applied universally?Does the Town Council still have sign off on the Planning and
Zoning by vote?Many sidewalks were
not shoveled after this last snow.
Frank Nierzwicki made a few comments to Mrs. Hayes
researching the backgrounds of some of the developments
Code allows the Plan Commission to grant a waiver for some of the
standards within the subdivision
developer can make a request to Plan Commission for a waiver of some
submitted a photo collage.She commented on the 30 mph speed limit sign
in Westbrook Downs and the response of emergency vehicles on the twenty eight
feet wide streets.It was clarified
Westbrook Downs was in the county.
Sandra Hash shared the May Agency, who handles the Town
insurance, has found a new company, Selective, who will save the Town $13,000
in insurance cost for 2007. She will also be attending a Legislative Conference
in Indianapolis February 7 & 8 hosted by IndianaCities and Towns.
Bastin announced Edgewood Basketball
team is doing an excellent job.She is
very proud of them and Jeff Farmer.She
asked Jeff to pass on the Town’s congratulations.
appointed Doug Norton to the Redevelopment Commission.There are still some openings on the Citizens
Advisory Committee to the Redevelopment Commission.
Rogers made a motion we adjourn.Dianna
Bastin seconded.Motion carried. Dennis Williamson adjourned the meeting at 8:10 p.m.