July 13, 2015
The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, July 13, 2015, at the Fire Department Training and Conference Room. Scott Oldham called the meeting to order at 6:30 p.m. Dianna Bastin led the Pledge of Allegiance followed with a prayer by Scott Thomas.
Roll Call: Members present were Scott Oldham, President; Scott Thomas, Vice President; Dianna Bastin, David Drake and Kevin Farris. Sandra Hash, Clerk-Treasurer, Jim Davis, Town Manager, Darla Brown, Town Attorney, and Rick Coppock, Bynum Fanyo and Associates, Town Engineer, were also present.
Supervisors present were: Mike Cornman, Danny Stalcup, Mike Farmer and Jeff Farmer. Denise Line represented the Planning Department and Chief Deputy Marshal Jay Humphrey represented the Police Department.
Approval of Minutes
Scott Oldham entertained a motion for approval of the minutes for the regular meeting on June 27, 2015. Dianna Bastin so moved. Kevin Farris seconded. Motion carried.
Accounts Payable Vouchers
Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers. Kevin Farris so moved. Scott Thomas seconded. Motion carried.
Americans with Disabilities Act Celebrating 25 Years
ADA Coordinator, explained Proclamation to
recognize the 25 year anniversary of the signing of the Americans with
Disabilities Act which was signed on July 26, 1990. The Proclamation will become part of the
Town of Ellettsville Proclamation
TO ALL OF WHOM THESE PRESENT MAY COME, GREETINGS
WHEREAS, on July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act (“ADA”) to ensure the civil rights of people with disabilities. This legislation established a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. On July 26, 2015, we will celebrate the 25th anniversary of the signing of the ADA; and
WHEREAS, the ADA has expanded opportunities for Americans with
disabilities by reducing barriers and changing perceptions, and increasing full
e n in community
life. However, the full promise of the
ADA will only be reached if we remain committed to continue our efforts to
fully implement the ADA; and
WHEREAS, on the 25th anniversary of the Americans with Disabilities Act, the Town of Ellettsville celebrates and recognizes the progress that has been made by reaffirming the principles of equality and inclusion and recommitting our efforts to reach full ADA compliance.
NOW THEREFORE, the Town of Ellettsville, Indiana does hereby reaffirm to continue to work toward full ADA Compliance.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed, the great seal of the Town of Ellettsville, at the Town Council Chambers on this 13th day of July 2015.
Scott Oldham announced the Town Council declare
d July 26,
2015, as a day of celebration of the 25th anniversary of the signing
of the Americans with Disabilities Act.
Ordinances on First Reading
Ordinance 2015-09 to Amend Section 33 of the Ellettsville Town Code Regarding the Purchasing Policy
Jim Davis, Town Manager, advised there were several concerns about the Town’s current purchasing policy. He worked with the Town Attorney to draft the ordinance.
Scott Oldham announced the ordinance will be available for public viewing on the website.
Ordinances on Second Reading
Ordinance 2015-08 to Amend Chapter 9 of the Ellettsville Town Code Regarding Burning, Burned and Burning Material
Mike Cornman, Ellettsville Fire Department, explained this ordinance is to release some of the restrictions on the
burning ordinance. The proposed
ordinance allows fire pits but trash and refuse cannot be burnt.
The wood used
in fire pits. Upon passing of th he
anticipates an increase in fire calls until the public is educated about the
Scott Oldhamthe Town hasn’t had a fire related
CMs. Bastin asked about the neighbor who may
have health issuesthe person next door is burning in their fire
pit. Chief Cornman said it will be an
issue. They rely on Indiana Code which
states if someone has a health issue they can file a complaint with the Indiana
Department of Environmental Management.
According to the proposed ordinance, if it is a hazard the Fire
Department can tell them to extinguish their fire. Mr. Oldham said this is not about bonfires
but a small patio style fire. Chief
Scott Thomas commended Chief Cornman for his work on the ordinance. He was impressed with Chief Cornman’s responses to his questions. A lot of work went into the ordinance and it was long overdue.
Darla Brown, Town Attorney, amended the ordinance because refuse and rubbish were not defined but were used in the ordinance.
Scott Oldham entertained a motion to adopt Ordinance 2015-08. David Drake made a motion to adopt Ordinance 2015-08. Kevin Farris seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Fire Chief Mike Cornman asked when the ordinance will become effective. Ms. Hash replied after the ordinance is published.
Heritage Trail Update - Mike Farmer, Bynum Fanyo and Associates, advised there is nothing new to report because of rain.
Abatement – Jim Davis, Town Manager,
they received an email from David Knipe of the
Department of Natural Resources (“DNR”) to Rick Coppock dated June 24, 2015,
which states the following: “We have completed the initial set of
models. We need to review and work on
others. I hope to have something a little
more complete by the end of July.”
Mr. Oldham commented the Army Corps of Engineers was correct we are back
in a set cycle.
Department of Natural Resources (“DNR”) – Chad Stephens (“Chad’s”) Request to Remove Debris from Jack’s Defeat Creek
Town Attorney, explained the
,filed an application with the DNR to complete cleanout
work in Jack’s Defeat Creek (“Creek”).
The Planning Director received correspondence from the DNR t excavate 350 tons
of debris, sediment and silt along 600’ of the Creek. The DNR is fas to whether or not t proceed with
removing the brush along the creek or do nothing from this point forward. Kevin Farris clarified that the DNR said removal of the brush
won’t affect the flooding one way or the other.
Ms. Brown replied that is correct.
Coppock, Bynum Fanyo and Associates,
advised the brush will impede the flow of the water
. Removing the debris
from the Creek won’t change it much as far as flooding is concerned. Mr. Farris asked his thoughts on removing the
brush. Mr. Coppock replied if it
will help move the water down
Kevin Farris asked if the report they’re waiting to get from the
DNR is the whole issue or
y took it all
the way to Matthews, without the building, and the flood elevation at the old
Town Hall was lowered by approximately three inches. Mr. Oldham commented if the Town was to
remove the Utilities building and drop the flood elevation, they can’t get it
across the road. Mr. Coppock added there
is some room in the channel that can be removed to improve the flow at Main
Street ithe permit. Ms. Brown replied she
doesn’t think there’s a chance in getting the permit approved but the Town
could try to do so.
Scott Thomas summarizedconcern was raised
by Mr. Stephens that there was a misunderstanding in doing the permit. He thinks they’re now on the same page. What is the communication level to prevent
. Ms. Brown’s understanding is Mr. Tolloty met
with Mr. Stephens the week prior to discuss it.
Ms. Brown asked Mr. Tolloty to pull the number of hours he, Denise Line
and Connie Griffin spent on this project and it is 70 hours to date. When the permit to do clean-up work was
applied for last year, it was granted by the DNR. Mr. Stephens did not object to it but he
wanted more work done. At the Town
Council’s request, Mr. Tolloty filed an application for another permit and
there have been two hearings before the Administrative Law Judge. The Town has spent the time and has attempted
to work with Mr. Stephens. They did
apply for a permit to do additional work and the DNR is not inclined to grant
Scott Oldham asked if the foliage is removed along the bank do they
risk doing damage by increasing the flow rate and
the small “dam” at McNeely. Mr. Farris
asked what is to keep it from caving in if it is removed. Mr. Coppock answered that is why they ask for
the brush to be removed with hand toolsthey’re trimming the
foliage rather than removing it. Mr.
Oldham asked if it would risk damage to Chad’s property or the underpinnings of
the bridge he brush. Mr. Coppock replied if it is cut back with
the root system intact it should maintain the banks but there is always some
erosion. Mr. Oldham asked if they gain
much by cutting it back. Mr. Coppock
answered a little bit.
Stephens explained the area with the
foliage is approximately 15’ x 30’ and is
Cutting down the foliage will not do anything. Monroe County does trim it every once in e doesn’t
think the DNR will give the Town a permit to bridge they
raised it 12”. Now the water has to go
down and around the bridge but it can’t go over it. He reiterated the sediment and the foliage
need removed, he can build a berm and pipes need put in.
Scott Oldham asked Mr. Coppock if it is possible to install
pipes. Mr. Coppock replied it is
possible. It is Monroe County’s road and
the Town would have to get their permission.
They would size the pipes for a particular flow and install them. There
is a 30” sewer pipe s
that runs under the creek through that area.
They could also look at directing the water so it gets out a little
quicker at the Utilities building. Mr.
Oldham asked if a permit from the DNR to do any of this work. Mr. Coppock said they wouldn’t need permits
to do the area across from the Utilities building or the pipe work. Mr. Stephens commented that area is an issue
with every heavy rain. Mr. Oldham
suggested Mr. Stephens, Rick Coppock and the Street Department discuss the feasibility
of installing the pipe.
Rick Coppock suggested if they decide
d not to
continue with the DNR permit, send them a notice that the Town is working with
David Knipe, DNR Director of Engineering, and prefer to wait on the outcome of
their findings before proceeding with anything else.
Stephens stated if the creek is
cleaned out, it needs to be cleaned out from the north side heading south. The pipe may help but they’re going to have
to work together to try and get it all the way down the creek to the new county
bridge. It was the
Fall Festival Request for Street Closings – Diana Choate
Choate, President of the Monroe County Fall Festival, is requesting the closing of Park Street from Ritter
Street to Temperance from Thursday, September 17, 2015, at noon until
Scott Oldham entertained a motion to approve the Monroe County Fall Festival as provided and as deemed necessary by the Police Department and Fire Chief. David Drake made a motion to approve the request for the Monroe County Fall Festival as provided and as deemed necessary by the Police Department and Fire Chief. Scott Thomas seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Monroe County Election Board Request Use of the Conference and Training Room for the 2015 Municipal Election on November 3, 2015
Fire Chief Mike Cornman explained the Election Board is requesting the use of the Conference/Training Room. The Town Code states they have to get permission from the Town Council to do so.
Scott Oldham entertained a motion to allow the Monroe County Election Board to use the Training Room for the 2015 municipal election on November 3, 2015. Dianna Bastin made a motion to allow the Monroe County Election Board to use the Training Room for the 2015 municipal election on November 3, 2015. Scott Thomas seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Town Manager, was informed by Rick
Coppock the Town needed to have this environmental study completed which is a
requirement before construction can start.
This is a local company recommended by Rick Coppock. They’ll be looking for
is two site
visits. They walk the propertylook sat the old
aerial photoand research ,they do
Phase 2 with more borings and exploration.
Scott Oldham entertained a motion to do the Consulting Agreement between the Town and Fields Environmental for Phase 1 Environmental Site Assessment. Scott Thomas made a motion to do the Consulting Agreement between the Town and Fields Environmental for Phase 1 Environmental Site Assessment. Kevin Farris seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Agreementetween the Town and Alt & Witzig Engineering, Inc. for Subsurface Investigation & Geotechnical Recommendation at the Proposed Town Hall Site
Rick Coppock, Bynum Fanyo and Associates, Town
Witzig Engineering for subsurface investigation and geotechnical surveys. Dianna Bastin made a motion to accept the agreement between the Town and Alt and Witzig Engineering for subsurface investigation and geotechnical surveys. David Drake seconded. Roll call vote: Scott Oldham – yes; Scott Thomas – yes; Dianna Bastin – yes; David Drake - yes and Kevin Farris – yes. Motion carried 5-0.
Denise Line, Planning Assistant,
entertained a motion to adjourn. Dianna
Bastin made a motion to adjourn.
S seconded. Scott Oldham
adjourned the meeting at :4p.m.