May 14, 2018

 

 

The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, May 14, 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, Brice Teter and Scott Thomas.  Sandra Hash, Clerk-Treasurer; and Darla Brown, Town Attorney were also present.

 

Supervisors present were:  Mike Cornman, Danny Stalcup, Jimmie Durnil, Kevin Tolloty and Jeff Farmer.

 

Approval of Minutes

 

Scott Oldham entertained a motion for approval of the minutes from the regular meeting and work session on April 23, 2018.  Kevin Farris so moved. Scott Thomas seconded.  Motion carried.

 

Accounts Payable Vouchers

 

Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers for May 14, 2018.  Mr. Mobley had a question on a claim which was answered by the supervisor.  Brian Mobley made a motion to pay accounts payable vouchers.  Scott Thomas seconded.  Motion carried. 

 

Appointment to the Parks Board

 

Scott Oldham advised Trever Sager asked to be appointed to the Parks Board.

 

Scott Oldham made a motion to appoint Trever Sager to the Parks Board.  Scott Thomas seconded.  Roll call vote:  Scott Oldham –yes: Brian Mobley – yes; Kevin Farris – yes; Brice Teter – yes; and Scott Thomas - yes.  Motion carried.

 

Accept Proposals for Jacks Defeat Creek Floodplain Modeling and Design

 

Sandra Hash, Clerk-Treasurer, announced two proposals have been received. 

 

Darla Brown, Town Attorney, advised Christopher B. Burke Engineering, LLC’s pricing summary is as follows:  Review of the Department of Natural Resources reports, $5,000; Recommendations for cost effective phasing, $26,000; Hydraulic modeling is $25,500; Engineering design, to be determined based on analysis; and permitting is to be determined based on analysis. 

 

Wessler Engineering Inc.’s pricing summary is as follows:  Review of the Department of Natural Resources reports, $1,000; Recommendations for cost effective phasing, $2,000; and Hydraulic modeling is $72,000 for a total bid of $75,000. 

 

Ms. Brown recommended Town Council take the bids under advisement until Rick Coppock has a chance to review them.  The bids can be awarded at the next meeting.

 

Brian Mobley thought when Mr. Coppock received the bids they would go to the Flood Committee for review and then they would be brought to the Town Council.  Mr. Oldham asked the amount in the budget for this.  Mr. Hash answered $45,000 was budgeted for 2018. 

 

Scott Oldham entertained a motion to table pending review.  Brice Teter so moved.  Scott Thomas seconded.  Roll call vote:  Scott Oldham –yes: Brian Mobley – yes; Brice Teter – yes; Kevin Farris – yes; and Scott Thomas - yes.  Motion carried.

 

Resolutions

 

Resolution 05-2018 Acceptance of Title to a Sanitary Lift Station and Easement for Ingress, Egress and Utilities – Stoneview

 

Darla Brown, Town Attorney, explained Stoneview Homeowners’ Association (“HOA”) President, Don Baxter, had conversations with Ellettsville Utilities about Stoneview’s sanitary sewer lift station.  The HOA desires to donate the lift station to the Town and provide an ingress/egress easement.  A Donation Agreement has been drafted but has not been signed by Mr. Baxter.  Her suggestion is to table this until the next meeting.

 

Scott Oldham entertained a motion.  Kevin Farris made a motion to table Resolution 05-2018 Acceptance of Title to a Sanitary Lift Station and Easement for Ingress, Egress and Utilities - Stoneview.  Brice Teter seconded.  Roll call vote:  Scott Oldham –yes: Brian Mobley – yes; Kevin Farris – yes; Brice Teter – yes; and Scott Thomas - yes.  Motion carried.

 

Resolution 06-2018 Centennial Park

 

Darla Brown, Town Attorney, explained at the last Town Council meeting an appraisal of a 50’ strip of land in the western half of Lot 15 in Highland Park Estates was authorized and it has been completed.  The resolution authorizes her and the Town Manager to proceed with the Town’s powers of eminent domain to acquire that parcel.  If the resolution is approved then the next step is to prepare an offer letter and present it to Raymond Moore for his consideration.

 

Mike Carmin, Attorney for Crider & Crider, is confused about the use of eminent domain.  If the Town purchases it and owns it that is one thing but another reason is to wipe-out the covenants and restrictions that pertain to the lot which is necessary for putting in a road.  A court order says it’s a nuisance and can’t be done.  He doesn’t understand why Town money would be spent to do this.  Eventually, there will be a road connecting that property.  It’s a question of time and who pays the cost.  Building a road through there at Town expense is for the benefit of the developer.  The road that will go through there will be located 200’ to the east of Lot 15.  The road could be there now if the developer wanted to spend the money to build it so they may have to wait one or two years.  The road has already been platted so it is a question of timing.  They have to buy out the covenants from 22 lots in Highland Park Estates.  The proposed road was never to happen.  He requested they not act quickly because there is a lot of cost involved other than purchasing the lot and putting in the road, but also the cost of litigation for the adverse taking of property rights from 22 lots with vested rights in the covenants/restrictions that have to be eliminated to put in the road.

 

Debra Hackman lives next to Lot 15.  Do they have a copy of the court order?  Ms. Brown sent a copy to Town Council members.  She read the following excerpt from the Monroe County Circuit Court order issued by The Honorable Frank M. Nardi:  “Based on findings and conclusions, the Court now orders, adjudges and decrees that:  1. The restrictive covenants contained in the Highland Park Estates Plan are valid, binding and enforceable; 2. The Defendant, Centennial Park, LLC, is hereby permanently restrained and enjoined from using Lot 15 of Highland Park Estates in a way that is an annoyance or nuisance to the neighborhood; 3. The Defendant, Centennial Park, LLC, is permanently restrained and enjoined from dedicating Lot 15 or part thereof for a community purpose including the use of a public right-of-way or thoroughfare connecting Highland Park Estates and Centennial Park; and 4. The existing construction road on Lot 15 is a nuisance and annoyance to the neighborhood.  Accordingly, the Defendant, Centennial Park, LLC, shall cease use of said road immediately and restore Lot 15 to a use that conforms with the restrictive covenants in the Highland Park Estates Plat.  So ORDERED February 28, 2018.”  If they rule in favor of the eminent domain they would be going against a court order, someone will be filing a lawsuit and Judge Nardi will not be very happy.

 

Jeff Crider, Owner of Highland Park Estates, which was started by his father in the 1970s.  Coming through the cul-de-sac has been litigated a couple of times.  When his father built it, it was to be a cul-de-sac.  Crider owns a lot in the cul-de-sac that will be sold at some point.  Highland Park Estates, Phase II, is being developed and consists of 25 or 27 lots that will be sold this year.  In 2019, they will begin developing the next phase.  There have been conversations with Mr. Emery and Mr. Moore regarding access.  They’ve offered them access to the north that could be built now.  Centennial Park, LLC chose not to do so because they didn’t want to spend the money.  He doesn’t understand why the Town wants to do this because there will be a proposed access point to the east.  There were conversations with his father and Mr. Moore two years prior about buying a piece of

property to come through the cul-de-sac.  His father said he didn’t want it through the cul-de-sac because they could get access to the east.  Mr. Moore offered his father $80,000 and then $100,000 and his father said no.  Now, they’re asking the Town to buy it and build the road.  It is a developer’s issue to build the road.  They will get access.  All they have to do is build the road to the east.  Eminent domain is not fair to the people who purchased lots on a cul-de-sac in Highland Park Estates.  In all of the construction they’ve done across the state he knows of nowhere where a cul-de-sac was turned into a thoroughfare street.  Crider owns Lot 14 and access on Lot 15 will devalue it.

 

Kevin Farris asked if Crider will give them permission to build the road now.  Mr. Crider answered they can build from their property line to the intersection and come out Josephine Drive.  Mr. Mobley commented they’re asking them to build their road.  Mr. Crider countered they will build the road when they get to it but they don’t need it yet.  If Centennial Park, LLC wants the road now then they can build it.  Mr. Mobley asked what they’re going to do with a 50’ strip of land.  Why not sell it to them?  Mr. Crider answered it was never meant to be an access point.  His father wanted it and it will stay that way.  Mr. Oldham asked if there was a timeline for building the road.  Mr. Crider thinks this year they will sell 25 or 27 lots.  Mr. Oldham asked if it will realistically take two years for them to build the road.  Mr. Crider answered two to three years.  They don’t need this access right now.  They can build houses but not the amount they want to.  They purchased the property knowing the access points and how many lots they can build on. 

 

Marlow Swethurst, President of the Woodgate Community Subdivision (“Woodgate”) Homeowners’ Association, represents the subdivision.  Things have dramatically changed over the last couple of years.  They closed Acuff Road because of State Road 37 and Interstate 69 construction and all of that traffic comes through their subdivision.  This means more traffic is going to the Deer Park Drive/State Road 46 intersection which is a disaster waiting to happen.  He travels it everyday trying to get out and sometimes he goes to Union Valley Road to get out which is almost as bad at certain times.  They are very concerned about safety because they’re the people who have to live with trying to get onto State Road 46.  If the development of Centennial Park subdivision continues and an entrance is not allowed from Centennial Drive then that means an estimated two cars per home, with 20 homes being built, will add 40 vehicles trying to get onto State Road 46.  That’s at least 80 additional vehicles a day onto Deer Park Drive/State Road 46.  It will make congestion and a safety hazard that much worse.  They’re not concerned with who builds the roads because they can’t control it but their concern is safety.  He hopes they will take their concerns very seriously because they don’t want to see anyone get hurt at the intersection.  It is really getting bad.

 

DeeAnn Sparks, lives in Woodgate, and around the corner from where the road will come out.  With additional cars coming out of the street into Woodgate it will be tremendous.  There are young families with small children and it is a huge safety issue.  Unfortunately, somebody is going to get hit.  Cars fly down Shadow Wood Drive because they go too fast for a subdivision.  She feels sorry for these people who live on the cul-de-sac but look at the big picture.  Where’s the biggest safety concern?  Is it going out the cul-de-sac or going through Woodgate and out Deer Park Drive?  Why can’t the builders get together?  They’ll be the ones winning while people living in Woodgate and the person living in cul-de-sac will be the losers.  What is the right decision for the safety of a community?  Both of the builders need to figure it out rather than fighting.

 

Jon Fresh, lives in Woodgate, stated safety is important.  Town Council made the point once before that the people living in Spring Valley were just as upset with the additional traffic when Woodgate was built.  He understands the concern.  When the development was first started, Ellettsville required two points of ingress/egress and it was changed because they lowered the number of homes.  Mr. Crider made a comment that houses have been selling like crazy but Phase I of the development has taken a long time to take off.  They don’t know how long it will take before the rest of the homes get built.  Mr. Crider also said the developers wanted to make a thoroughfare using Centennial Drive.  Mr. Crider wants Centennial Park, LLC to pay for building his road.  Mr. Crider now wants to run all of that traffic from those 40 to 80 homes that will eventually get built down a very short street and back out to State Road 46.  Then all of that traffic will be going through a much smaller neighborhood.  If the road was already built he is certain they would have hooked on to it right away.  The county said they won’t put a four-way stop sign on Ribbon Court and Shadow Wood Drive.  He would like to see the road in the cul-de-sac go in.  He doesn’t understand why someone won’t accept $100,000 for a small strip of land and allow it to go through. 

 

Raymond Moore, member of Centennial Park, LLC, stated there have been discussions about timelines but no commitments.  Mr. Crider stated his father didn’t want to sell him the 50’ of land because he wanted it to remain private in the cul-de-sac.  That was not what Mr. Crider’s father told him but instead said “Raymond I don’t think I will want to sell you that because there are utilities down there.”  Nothing was said about preserving the cul-de-sac.  Mr. Crider stresses that Highland Park is very important to his father.  It seems to him it was very insignificant to Bob Crider since only 41 homes have been built in 42 years.  If it was significant Bob Crider had the ability to proceed much faster.  To reach the Lot 31 stub they’re referring to they have to build 67 more lots.  If they progress at the same rate as they’ve done since 1976 it will be 67 more years before they could get to the stub for Centennial Drive, if ever.  They don’t have to develop it all the way up.  They could give up one lot and not bring it to them because there is a common area on the other side of the road.  The priority 42 years later is not concern for the community but the concern of competition.  The 50’ easement was on the plans at one time and when it was taken back for signature it had been removed as an ingress/egress.  In 2005, the Plan Commission asked if items had been identified as deficient on the preliminary plat and one was Centennial Drive needed to be extended to the north.  There is a 50’ easement at the end of the cul-de-sac that extends to the Romine property which is the property they have.  The Plan Commission and everybody else always thought that’s what it was going to be.  He doesn’t know why they would turn down $100,000 for a 50’ strip of land.  Mr. Crider tells them to build the other road.  They’ve asked for them to negotiate and offered them a certain amount of money and Mr. Crider told them they could build the road and put in the sewers, storm drains and water which would cost approximately $300,000.  They have offered $30,000 towards the cost of the new road proposed by Mr. Crider.  His daughter is a realtor and thinks the 50’ strip of land will help both developers and they will sell more homes, have more clients coming in and out and if they don’t want to own one of their houses they will go to the next development because they’re a step up.  He has been told a realtor told Ms. Hackman when she purchased the lot she could expect a road through there some day.  They will only affect her home and the home next to her.  If the stub comes down it is going to affect the home on the corner that has not been built.  If Mr. Crider wants to give them an easement for the stub he’s referring to they would stone the first 200’ so they could use it and guarantee it would be completed by the end of next year, then, they would still give them $30,000 to help pay for it. 

 

Debra Hackman rebutted Mr. Moore’s comments.  Greg Hill sold the property to her and is now deceased.  At the time they purchased the property, they were informed there was a 50’ easement and that Mr. Crider never wanted a road to go through there.  Everyone on their street will be affected by the thoroughfare because people will be driving fast down the street.

 

Jeff Crider reiterated Centennial Park, LLC still has the opportunity to build the lot.  The road will affect five or six lots north of Josephine Drive.  The 50’ strip was never an easement and not on the final plat.

 

Scott Oldham asked Mr. Emery and Mr. Carmin if they could have a quick conference to find out if it is necessary for Town Council to vote on it.  Mr. Emery advised there have been a couple of discussions on the proposed street but there has never been a representation that the road proposed by Mr. Crider will ever get built within a reasonable time frame.  This is what is important for the health, safety and welfare of the community.  When the lawsuit was filed in August 2017, alternative dispute resolution was suggested and Mr. Carmin said there was no way to settle it and did not want mediation.  If the Town Council would like for them to talk they can do so.  At the time Raymond Moore offered Bob Crider money for the 50’ strip of land they had not purchased the house.  So, they purchased the house and will sell if for less than they paid for it.  It’s true they will be able to build 38 more lots because they have a second access point but that isn’t the main reason.  The folks from Woodgate spoke of public safety.  Ellettsville has a better police and fire service and better school bus access.  There is no guarantee if and when the other connection will ever be built.  A thoroughfare is an exaggeration.  It is a requirement that the road be built so it would be built at their expense.  They met with the County Highway Engineer and they’ve agreed to remove the cul-de-sac so it won’t be a road in the cul-de-sac.  It will be a gentle S curve that will act to slow down traffic.  He has practiced real estate law in Monroe County for 30 years and he knows of two or three instances of building a road through a cul-de-sac.  One is in Indian Echo Hills on the southeast side of Bloomington where there have been cul-de-sacs built, easements reserved and people pushed on through them for more development beyond the cul-de-sac.  It is a common practice.  The order read by Ms. Hackman was correct.  But, the court had to look at the covenants/restrictions which is a contractual relationship.  The court could not take into account what’s in the best interest of the community as a whole for Woodgate citizens, people who will live in the Centennial Park subdivision and others.  The Town Council can make that decision.  When the decision is made to exercise eminent domain on the basis of an enhancement of public health and safety he is certain it is not going to result in inverse condemnation.  Roads are wide and parts of lots in subdivisions are taken all the time.  Building a road is a basic public purpose.  The critical factor is the timeframe.  There is no guarantee that Mr. Crider’s proposed road will ever be built.  Even if it is, it is fair to have both access points.  That way traffic flows freely, provides a couple of travel options and ultimately removes traffic on both of the connections.  Mr. Farris asked if construction has started.  Mr. Emery answered previously, weather had slowed down construction.  There is a plat to get signed, he will be providing a letter of credit and record the plat for the first 15 lots.  Construction on houses should start within the next four to six weeks.

 

Scott Oldham again asked if there is any use for them to meet before the Town Council makes a decision.  The parties agreed.  Mr. Oldham suspended the discussion so the parties could meet and then revisit it before the end of the meeting.

 

Raymond Moore addressed the comment the court said they’re creating an annoyance and nuisance but the other restrictions are not enforced such as no trucks in the driveway, no vehicles on the street over night and almost every home has trucks parked on the street. 

 

Resolution 07-2018 Transfer of Funds to the Local Road and Bridge Matching Grant Fund

 

Sandra Hash, Clerk-Treasurer, explained this is for the Community Crossings Matching Grant.  The state requested she transfer all of the money into a fund that was established in 2017 for the bridge and grant matching.  All invoices will be paid from that fund.  The resolution allows her to transfer funds from Motor Vehicles and Highway and the Local Option Income Tax special distribution which is also a special fund.  A total of $25,000 will be transferred into the Local Road and Bridge Matching Grant Fund.  At the next meeting, there will be an additional appropriation request to spend the money.  Mr. Oldham confirmed this is at the state’s request.  Ms. Hash stated this is the procedure the state legislature outlined for how to handle the grant money.

 

Scott Oldham entertained a motion.  Kevin Farris made a motion to adopt Resolution 07-2018 to Transfer Funds to the Local Road and Bridge Matching Grant Fund.  Scott Thomas seconded.  Roll call vote:  Scott Oldham –yes: Brian Mobley – yes; Kevin Farris – yes; Brice Teter – yes; and Scott Thomas - yes.  Motion carried.

 

Ordinances on First Reading

 

Ordinances on Second Reading

 

Ordinance 2018-06 to Amend Chapter 152.090 – Uses Permitted by Special Exception in Industrial 2 Districts

 

Kevin Tolloty, Planning Director, explained Ordinances 2018-06 and 2018-08 have been heard by Town Council but were returned to the Plan Commission for revisions.  Ordinance 2018-06 deals with where a transfer station would be permitted as a special exception.  The previous text amendment heard by Town Council was for both Industrial 1 and Industrial 2 Districts.  It has been amended to state it would only be permitted as a special exception in Industrial 2, a heavy industrial district.  Ordinance 2018-08 gives the criteria for a special exception and was amended to increase the buffer from 1,000’ to one-half mile and includes churches and schools in addition to other residential and commercial districts to the buffer.

 

Valerie DeWar appreciates the ongoing effort and the work Mr. Tolloty has done on this.  The buffer speaks to the idea of traffic in a residential and commercial areas.  Does it also speak to distance for smells which would also be the one-half mile buffer?  Does it speak to noise?  However, being in a heavy industrial district it is probably not a big issue.  Is anything included for the environment and it being placed in karst areas, watershed or runoff?  Mr. Tolloty believes those concerns would be addressed through the Indiana Department of Environment Management (“IDEM”) permitting.  Ms. DeWar asked if they don’t expect the Town to write-off on it because the county did.  Is environmental under IDEM.  Mr. Tolloty answered yes.

 

Scott Oldham entertained a motion.  Kevin Farris made a motion to adopt Ordinance 2018-06 to amend Chapter 152.090 – Uses Permitted by Special Exception in Industrial 2 Districts.  Brice Teter seconded.  Roll call vote:  Scott Oldham –yes: Brian Mobley – yes; Kevin Farris – yes; Brice Teter – yes; and Scott Thomas - yes.  Motion carried.

 

Ordinance 2018-08 to Amend Chapter 152.296 – Special Exceptions

 

Scott Oldham entertained a motion.  Kevin Farris made a motion to adopt 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; Brice Teter – yes; and Scott Thomas - yes.  Motion carried.

 

Ordinance 2018-10 to Amend Section 36.203 of the Ellettsville Town Code Regarding New Hire Status and Training for Employees

 

Fire Chief Mike Cornman explained this ordinance cleans-up the Personnel Policy.  The current Personnel Policy references outdated information from the State of Indiana. 

 

Scott Oldham entertained a motion.  Kevin Farris made a motion to adopt Ordinance 2018- to amend Section 36.203 of the Ellettsville Town Code Regarding New Hire Status and Training for Employees.  Brice Teter seconded.  Roll call vote:  Scott Oldham –yes: Brian Mobley – yes; Kevin Farris – yes; Brice Teter – yes; and Scott Thomas - yes.  Motion carried.

 

Old Business

 

Flood Report

 

Brian Mobley advised he was waiting on reports from Rick Coppock.

 

T-Mobile Lease Amendment

 

Darla Brown, Town Attorney, explained this was on the last Town Council agenda and she was asked to inquire whether or not T-Mobile would be willing to add a clause to the contract that would allow the tenant to exercise its right not to renew the contract and they would not agree to it.  The reason being T-Mobile spends time, money and effort to work on these projects and install and maintain the equipment so they don’t want to be in a position of tenants backing out of the contract.  Mr. Oldham asked if T-Mobile merges with another company will the lease be binding.  Ms. Brown answered it will be binding on its accessors and assigns. 

 

Scott Oldham entertained a motion regarding this issue.  Brice Teter made a motion to adopt the T-Mobile Lease Amendment.  Kevin Farris seconded.  Roll call vote:  Scott Oldham – yes: Brian Mobley – yes; Kevin Farris – yes; Brice Teter – yes; and Scott Thomas - yes.  Motion carried.

 

Resolution 06-2018 Centennial Park (Continued)

 

Scott Oldham asked the parties if they reached an agreement.  Mr. Emery advised they did not reach an agreement.  Both parties maintained the same positions.  They made the offer outlined by Mr. Moore and Mr. Crider maintained the position if they want is road built they would have build it entirely by themselves. 

 

Mike Carmin stated this forum is not the place for negotiations, it doesn’t work that way.  He has been involved in this case from the beginning.  They can have an easement at any time to build the road proposed by Mr. Crider.  If Mr. Crider stops a lot short, they will have the easement.  Or, they can wait for a couple of years as things develop and then the road would be put in at no cost to them.  It’s a matter of timing.  Public safety is not the only issue here.  Instead of buying the house on Lot 15 they should have put the money into the road. 

 

Raymond Moore stated they purchased the house at a premium because they researched their options.  The judge ruled against them on the first 50’ based on the requirements of a subdivision and their specifications but not what’s best for the community.  They purchased the house for $240,000, it should sell for $190,000 and they’ll spend $25,000 on a remodel.  It’s been brought up they offered for a 50’ strip but won’t put it into a new stub.  The new stub will cost $300,000.  There won’t be that much profit in 38 lots.  If they wait for them to build the road there is only one lot at the end they would not have to build because across from it is a common area.

 

Steve Oleus, lives on Shadow Wood Drive in Woodgate.  This is crazy.  Over the last two months traffic on Shadow Wood Drive tripled because of work traffic.  He can’t imagine what it will be like when they start building.  All they ask is for them to decide what is best for the people at Woodgate and the 40 homes that will be built.  They’re asking that they share the excess traffic from 40 homes.  They can’t come out on Shadow Wood Drive into Woodgate.  If the other access is opened up, they will have two ways in/out.  That is the most important thing to do.  They need to consider the residents who will be impacted by the mess they’ve created.  Money can’t control everything, you need to consider the little guy.  Everyone will have to share the traffic.  Progress is not always great but they have to share its problems and successes.  He is asking that they allow everyone to share the access traffic.

 

Scott Thomas referred to the last meeting when he had asked the Town Marshal and Fire Chief if the access down to the street light would benefit current and future citizens as proposed.  Both agreed and said it would be beneficial.  It is unfortunate the parties can’t reach an agreement.  What’s proposed is what’s best for the community and for safety, now and in the future.  He thinks it needs to be done.

 

Brice Teter addressed the residents of Woodgate and Ms. Hackman.  They’re here because two business people couldn’t get along and now the Town has to step in and make a decision.  To Mr. Emery, he agrees with his words about public safety but he’s here to build houses and a road will help him to that.  He’s disappointed he went there with it. 

 

Scott Oldham thinks the road should be built when looking at the totality of it.  It makes sense for a lot of people.  A court of competent jurisdiction has looked at this matter twice.  These are business decisions made by corporations.  They’re charged with giving the Town the best road forward.  As much as he wants to see the road built, he doesn’t want the Town involved in this fight.  They’ve heard promises he hopes everyone can keep in that there is a method and a way to build this road other than through the cul-de-sac.  He understands both sets have valid opinions.  He finds it difficult that, after giving them more time to make a decision and not knowing how the Council may or may not decide, they couldn’t get more from both sides to see where it goes.  He understands it’s a business decision and, in the end, they will render a decision they think is best for everyone. 

 

Kevin Farris used to serve on the Plan Commission and he was told the same arguments were made when Woodgate was being developed.  It’s always the same arguments with any subdivision.  This is progress and there is no solution that is a win-win for everybody.  The Town is in the middle of it.  He agrees with Mr. Oldham and doesn’t want to go to litigation with the time and cost involved.

 

Brian Mobley agreed the street is needed to the stoplight at State Road 46.  As far as being tied-up in litigation it will cost the Town money.  Woodgate is in the county and the Town Council has to look out for the citizens of Ellettsville and how to spend their money.  They don’t want to tie-up funds with legal aspects if two businesses can’t get along or control what they want to get done.  It would be great for Fire and Police but they have to look at what’s best for the Town.

 

Scott Oldham entertained a motion.  Brice Teter made a motion to pass Resolution 06-2018 Centennial Park.  Scott Thomas seconded.  Roll call vote:  Scott Oldham – no: Brian Mobley – no; Kevin Farris – no; Brice Teter – yes; and Scott Thomas - yes.  Motion failed, 2-3.

 

Scott Oldham encouraged the businesses to work together because everyone agrees this road needs to be built.  Mr. Thomas added to do what is best for the citizens of the Town because they need access.  It would be nice if they could look out for others beyond Ellettsville.

 

New Business

 

Town Council Comments

 

Brian Mobley announced this is the week to recognize Fallen Police Officers.  If you see a police officer thank them for the job they do every day.  We appreciate everything they do.

 

Supervisors Comments

 

Chief Mike Cornman advised over the last two weeks the Fire Department has been very busy.  They worked with every agency in the Town and county.  They worked with the Street and Utilities Departments and it worked out well.  It’s nice to work in a small town where you can get things done.  He appreciated everybody working together.

 

Sandra Hash, Clerk-Treasurer, completed the application for a SPEA Fellow next school term and requested permission to submit it.  All agreed.

 

Privilege of the Floor

 

Adjournment

 

Scott Oldham entertained a motion to adjourn.  Scott Oldham so moved.  Brice Teter seconded.  Scott Oldham adjourned the meeting at 7:46 p.m.