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.
Two appointments by the President to the Redevelopment Commission
Dianna Bastin was not prepared tonight to name two people. She requested anyone interested to please contact her.
Approval of Minutes
Dan Swafford made the motion for the Regular Meeting on January 12th and the Public Hearing. David Drake seconded. Motion carried.
Accounts Payable Vouchers
Dianna Bastin asked for a motion to pay Accounts Payable Vouchers. David Drake so moved. Dan Swafford seconded. Motion carried.
Resolution 02-09 Cancellation of Warrants (old outstanding checks)
Sandra Hash stated after two years, and no later than March 1st of each year, it is required the Clerk-Treasurer prepare a list of outstanding checks over two years old. When the resolution is passed, the checks are dissolved. The total of outstanding warrants, to be cancelled, is $756.23 and the money will go back into the appropriate funds.
David Drake made a motion we adopt Resolution 02-09. Phillip Smith seconded. Motion carried.
Resolution 03-09 to enlarge participation in the Public Employees’ Retirement Fund (PERF) by adding Administrative Assistant
Dianna Bastin stated the Administrative Assistant will be added to the Planning Department. Scott Oldham asked Mike Spencer if the job title is changed within the office does that affect this resolution. Sandra answered that when PERF was established in the 1980’s, there was a list of employees sent in with the resolution to adopt PERF. Each time a different name category or title is added, we have to go through this process to expand our coverage with PERF. Sandra suggests keeping the title of Administrative Assistant because the Town has an existing one. If the Town is aware of another title they would like to incorporate, this resolution could be tabled tonight, and the title can be added and brought before the Council at the next meeting. It was clarified this resolution is establishing the title. This will not take effect until July and will not hinder the employee’s involvement with PERF and their start date will remain the same. No contributions will be made until July 1st. The employee is not penalized.
Scott Oldham moved to table the motion and change to Assistant Planner rather than Administrative Assistant. Phillip Smith seconded. Motion carried.
Resolution 04-09 Additional Appropriation due to I-69 Grant reimbursement
Sandra Hash explained this is the standard procedure to reimburse
the appropriation. We are working from
the existing appropriations.
Phillip Smith made a motion we approve Resolution 04-09 Additional Appropriation due to the I-69 reimbursement. Scott Oldham seconded. Motion carried.
Ordinances on First
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, Director of Planning Services explained the owner of this property has five lots he would like rezone to a duplex situation. This area was up for commercial zoning at one time. The Plan Commission has recommended this be rezoned to R-2. There is currently one unit already located on site.
Joe Sanders, resident
Frank Nierzwicki did not attend the Plan Commission when this was brought up. Frank will meet with Mr. Sanders and also review the plans with engineering to get a better understanding before the next meeting. Dan Swafford asked Doug Curry if they had a grading permit.
Doug Curry, Bynum Fanyo and Associates do not have a grading permit because they are not that far into planning. The property needs to be rezoned first. During the Plan Commission meeting, the drainage issue was discussed extensively. The situation will be addressed. The intent of the entire design is to have the storm runoff water from the property not change after this property is developed. If there is an existing problem, Bynum Fanyo would correct it and make the situation better. The engineers will look at Town Code regarding the fence height. Mr. Curry does not have an answer to the driveway; that will be looked at during the final design, but there will be a driveway there.
Dianna Bastin asked Frank to see what he can do and report back to the Council during the second reading.
Ordinances of Second
Ordinance 09-01 to amend the Ellettsville Town Code concerning Shelter Houses, roller skates, in-line skates and skateboards
Sandra Hash explained the percentage of sales tax will be removed
in the current code. The new language
will say “amount includes Indiana Sales Tax” without giving a number. A section will be deleted that pertains to
Agreement between the Town of
Mike Spencer stated this is the same contract as last year with no changes.
Bastin asked for a motion for the agreement between the Town of
Stipulation from Northern Richland Sewer Corporation (NRSC) related to the litigation at the IURC
Mike Spencer presented a Stipulation from Michael Carmin, Attorney for NRSC. NRSC initiated litigations on two fronts; one was in the Monroe County Circuit Court and the other was the IURC (Indiana Utilities Regulatory Commission). The Town hired Ice Miller to handle the IURC litigations. What the Stipulation does is essentially agrees to dismiss the IURC litigations, which has already been dismissed and it is an agreement that the Circuit Court will resolve all matters and issues between the parties in the current litigations. Mike Spencer had this verified with Brian Bailey, of Ice Miller, and he said this is what they agreed to. Mike Spencer recommends the Council approve the Stipulation.
Phillip Smith made a motion we accept the Stipulation and you (Dianna Bastin) sign it. Scott Oldham seconded. Motion carried.
Agreement with K. K. Gerhart-Fritz, AICP for a Planning workshop
Frank Nierzwicki presented a contract with K.K. Gerhart-Fritz to hold training for the I-69 Community Planning Grant. The draft was sent to all members a month ago. The date would be Monday, March 23rd from until at McCormick’s Creek. This will be a public meeting and open to the public. Frank has invited Elected Officials, Officials from the Plan Commission, Redevelopment, Board of Zoning Appeals and Department heads. The cost is 100% reimbursable from the Community Planning Grant. As we get closer to the date the notice will be posted.
Scott Oldham made the recommendation that you (Dianna Bastin) sign the agreement with our selves and K.K. Gerhart-Fritz for a Planning Workshop. Phillip Smith seconded. Motion carried.
Frank Nierzwicki introduced the Code Enforcement Officer the Planning Department has hired, Dexter Luck, Jr. Mr. Luck thanked the Council for the opportunity to work for the Planning Department the next twelve months.
needs a signature for an appointee for the MPO (Metropolitan Planning
Organization). In the past, Frank has
represented the Town Council on the Policy Committee. Mike Cornman has filled in the Street
Department vacancy, as needed, if there is an emergency vote. Ellettsville needs to be represented in
Dianna Bastin made the following appointments to the Bloomington MPO as follows: Policy Committee - Frank Nierzwicki and Technical Committee – Mike Cornman.
Frank presented an eleven page annual report from the Planning Department. Frank went over the number of incoming and out going phone calls and emails. Frank listed the number and type of complaints received, violations and enforcement code issues. Frank outlined the grant money received last year. Community Planning Grant of $50,000 was awarded last year to complete a number of planning activities:
Bloomington Area Metropolitan Planning Grant – the Town of Ellettsville is eligible to assist the MPO in collecting data and other related transportation information (traffic counting) and receive payment for this work. The Town received $6,275 for work during 2008. 98% completed.
Safe Route to School Grant – The Town and Richland Bean Blossom School Corporation was awarded a $250,000 grant in 2007 to construct sidewalks around the schools. Frank worked with INDOT in the Seymour District during 2008 to get a Request for Proposal out. Proposals were received in December 2008 with a consultant selection scheduled for February 2009 and construction to begin in the late summer 2009.
Additional support staff using grant money. Dexter Luck’s position is exclusively funded with grant money. The Planning Department will receive $10,000 of the stormwater fund into the Planning Department budget. This move allowed the Administrative Assistant to become full-time and handle the educational programs for stormwater.
Dianna Bastin would like the Council to have time review the Annual Report and bring questions to the next meeting. Frank will be working with his Liaison on goals for 2009.
Privilege of the Floor
Judy Bolick, resident at
Dianna will have the Liaisons from Planning and the Street Department look into these complaints and have an answer at the next Council meeting. Dexter Luck will meet with Ms. Bolick, get the information and look into it.
Frank stated the developer is Jeff Fish and he has been working with him on the mowing situations. The street has not been accepted into the Town because of future development in that area. Jeff Fish has put one coat down about a year ago and is very conscious with his concern to the Town for development. Dianna asked if the Town is reimbursed for putting down an overlay. Frank said it was something they worked out with Jeff Fish. Sandra stated the Town has not been reimbursed. There is a bond with the new developer, Jeff Fish. Dan stated the last developer went bankrupt, out of business and the bond was gone.
David Drake made the motion we adjourn. Dan Swafford seconded. Motion carried. Dianna Bastin adjourned the meeting at