November 14, 2011
The Ellettsville, Indiana,
Roll Call: Members present were David Drake, President; Scott Oldham, Vice President; Dianna Bastin and Dan Swafford. Phillip Smith was absent. Sandra Hash, Clerk-Treasurer; Darla Brown, Town Attorney, and Rick Coppock, Bynum Fanyo, Town Engineer, were also present.
Sandra Hash, Clerk-Treasurer – Presented the Clerk-Treasurer’s Report for the month of October.
§ Beginning balance is $339,000.82
§ Ending balance is $232,320.70.
§ October revenue is $32,719.95.
§ Ending balance is $78,978.65.
Water Operating Fund:
§ October revenue is $156,701.55.
§ Ending balance is $206,086.20.
Sewer Operating Fund:
§ October revenue is $172,116.36.
§ Ending balance is $199,493.77.
Approval of Minutes
David Drake entertained a motion for the approval of the minutes for the Regular Meeting on October 24, 2011. Dianna Bastin so moved. Dan Swafford seconded. Motion carried.
Accounts Payable Vouchers
David Drake entertained a motion for action to pay Accounts Payable Vouchers. Dianna Bastin so moved. Scott Oldham seconded. Motion carried.
Resolution 13-2011 Hoosier Eye Doctor Annexation Fiscal Plan
Griffin, Director of Planning – This
is for Joseph DeSpirito, O.D. and the Hoosier Eye Doctor annexation area at
4719 W. S.R. 46 in
Joseph DeSpirito, O.D. – They are very proactive. They are requesting annexation so they can move forward on renovations and bring another family optical store to the area to support and add to the community. David Drake commented the Town is thrilled to see that the property will develop into something nice. It has been vacant for quite awhile. The Town is glad to have Hoosier Eye Doctor in the community.
David Drake entertained a motion to approve Resolution 13-2011 Hoosier Eye Doctor Annexation Fiscal Plan. Scott Oldham made a motion to adopt Resolution 13-2011.
Dan Swafford seconded.
Roll Call Vote: David Drake –
Ordinance 2011-11 Water Tracker Water Increase
Ellettsville Utilities – Requesting
the Town Council approve a water rate change for the Town of
Bill Schneider – Asked if this will increase sewer cost. Mr. Farmer replied no.
Dianna Bastin – Asked if the Town isn’t buying equipment but just raising water rates. Mr. Farmer responded for every 8,000 gallons the Town purchases, the rates went up and they’re just tracking the rate increase onto the costs. It doesn’t have to do with operations. It’s simply a product they buy and resell. The cost has gone up and they’re reflecting that in the tracker.
Darla Brown, Town Attorney – Talked and emailed Mr. Baldesari of Umbaugh and Associates this date. She prepared the ordinance and she thinks he would prefer to wait on the ordinance because there may be more changes. If the Town Council thinks it appropriate, she would appreciate it if the ordinance could be tabled. However, the Town Council does need to make a motion to increase the schedule of rates for water sold in the amount of .51¢ per 1,000 gallons. When she was talking to Mr. Baldesari she thought the changes were only going to affect Appendix A of Chapter 1 of the Town Code but it may affect Appendices B, C and so forth. Mr. Baldesari is to supply those numbers. Mr. Farmer stated they will file the increase on Wednesday with the IURC as well as issuing a press release and legal notice.
David Drake entertained a motion to increase the
schedule of rates for water sold in the amount of .51¢ per 1,000 gallons for
wholesale water provided by the City of
2011-08 to Annex Hoosier Eye Doctor, Parcel 53-04-107-004.000-11 (
David Drake entertained a motion to adopt Ordinance
2011-08 to annex Hoosier Eye Doctor. Dan
Swafford made a motion to adopt Ordinance 2011-08 to annex Hoosier Eye
Doctor. Dianna Bastin seconded. Roll Call Vote: David Drake – yes; Scott
Planned Unit Development Petition No. 9122012-2-Pipjay Properties, LLC/Burch Enterprises, Inc., Chad Stephens and Roger New: Petitioner’s Proposal for a Rezone Ordinance Rezoning His Property from C3 to PUD/Proposed Ordinance 2011-10.
Attorney for Petitioner – The PUD
petition will leave the C-3 uses in place and a couple of limited uses only
found in the I-2 zone. Those uses are
the recycling and salvage yard. It is
not a salvage yard in the traditional sense.
Last time, the question was asked why a PUD and not a straight
rezoning. If the PUD should be approved
there is a development plan that would have to go to the Plan Commission for
approval. With the rezoning to an I-2
you don’t get the development plan control at the Plan Commission level that
you do with the PUD. There’s been some
concern regarding the proximity of the property to the Heritage Trail. As a PUD, that strip between Jack’s Defeat
Creek and the trail is owned by Pipjay Properties. The property west of Jack’s Defeat Creek is
owned by Burch Enterprises which joined and consented to the petition. As a PUD, and with development plan control,
this allows any development that would take place on the Pipjay property to go
back to Plan Commission for development plan approval. Within the petition is a Commitment
Concerning the Use and Development of Real Estate (“Commitment”). Part of the Commitment is that the Pipjay
Properties land has been designated, not for development, but for additional
drainage facilities. There is a
detention pond on site that handles the drainage that goes south. The drainage on the north end of the site
goes to Jack’s Defeat Creek and not through the detention pond. The Commitment is provided by
The following sections of Commitment were reviewed as follows:
§ Concerns have been expressed about engines, transmissions and motor blocks. There are suitable containers in the form of roll-offs that are sealed. The containers are sealed to protect against water infiltration and flood waters and they’re at a level above the base flood elevation by several feet. Section 3(c), paragraph 1 of the Commitment is about motor blocks, iron and aluminum in the sealed containers.
pertaining to cars processed in Town has been dropped from the Commitment
because of the site in
§ Police and fire departments will have access to the site.
§ Batteries, hazardous materials and fluids are to be marked according to IDEM guidelines.
§ The containment pond will be stabilized and finished according to IDEM guidelines. The pond has already been stabilized and finished. It does get water quality testing and Fields Environmental will continue to do periodic testing as required by state regulations.
§ When tires come in they will be collected off the rims and removed from the site.
§ The hours of operation will continue.
§ The motor blocks and transmissions will have the pans removed to ensure there are no fluids still inside. If somebody has an engine or transmission they bring in to sell for the metal content it has to have the pan off of it. It will not be accepted with fluids in them. When the items are brought in they will be put in the sealed roll-off container and then later removed from the site.
§ The ongoing responsibility to train employees in the recognition and identification of materials being bought that may or may not be hazardous and the proper disposal of the same.
§ An approved fence will be constructed around the entire property to block the public view. All trees and vegetation will be mowed and trimmed to keep an appealing view.
§ The owner will keep McNeely and Matthews Streets free from mud, dust and debris related to the recycling yard. Although, this operation has been dramatically reduced the commitment remains.
§ The construction of a torching pad is removed because the metals and fluids will not be processed on the Ellettsville site.
§ There will be no storing of containers on the east side of Jack’s Defeat Creek at any time.
§ The oil and water separation will be removed because the fluids will not be collected at the Ellettsville site.
processing will occur. Vehicles that are
purchased will be removed within 48 hours to the main yard in
§ Absolutely no automotive fluids will be stored at the recycle yard.
§ Absolutely no torching down of heavy equipment or equipment containing fluids.
§ Equipment will be hauled off within 48 hours.
§ Motor blocks, iron and aluminum will remain in sealed containers and under roof.
§ The only construction on this site would be to create a pad with a roof over it to protect it against rain. It will be open sided so it does not become a structure in a floodplain problem. The water can pass through and over the pad. This allows the work being done under roof to be protected by the rain.
§ The development of real estate will be a feeder yard to the main yard outside of Ellettsville.
The consequence of all of this is there have been several jobs lost to the Ellettsville community. The opportunity will remain for people to bring their recyclable materials to the site, sell them and get their money. Then the materials will be put in containers and hauled off site for processing. The feeder yard will have three to five jobs remaining in Ellettsville.
Last time questions were asked about water testing and
results. Rick Coppock sent out two tests
results. The reports were from a site
down stream from
The issue of a PUD, by nature, is a compromise. It allows through the PUD, Commitment and the development plan a process to structure a use that fits better than what it might be if this was straight rezoning. They acknowledge that the Comprehensive Plan calls for industrial zoning to go west of Town. There is no industrial zoning unless it is in the county. It’s misleading to view this as a rezone to industrial use. There are two uses within the I-2 classification. They are talking about a totally different operation than the feeder yard system that this is limited to. It is limited because if the petition is approved, the Commitment becomes binding upon the approval of the rezoning.
Town Attorney – Asked when the
automobile processing ceased. Mr. Carmin
replied two weeks ago, after the last meeting.
At the last meeting, Mr. Stephens announced he had property in
David Drake – Asked Connie Griffin her opinion as the Director of Planning in regards to the Commitment and how it would effect the petition. Darla Brown replied the Commitment is Mr. Stephens self-imposed conditions as to how he’s going to use the property. If the Town Council agrees to grant the PUD then the conditions follow the property and they are going to be binding if they’re recorded in the recorder’s office not only on Mr. Stephens but any subsequent purchasers or anyone who acquires an interest in the property. Mr. Drake asked with the conditions how does it affect the land usage and the comprehensive plan. Mr. Griffin answered under uses permitted by special exception in an I-2 district, the salvage yard is within that code as well as the operation of a recycling and solid waste sorting facility. Under that current definition a recycling and solid waste sorting facility requires an Industrial 2 by special exception.
Dan Swafford – Asked Darla Brown if the Town Council was to approve the petition and the conditions are binding would it go back to the Plan Commission for any other conditions. Ms. Brown replied no. The statute states that the Town Council can impose, or the petitioner can offer to impose, more restrictive conditions than those done at the Plan Commission level but not less restrictive. The Commitment does not have to go back to the Plan Commission. Mr. Swafford asked if this is it and they could not impose any more restrictions. Ms. Brown reiterated the Town Council could make it more restrictive than what the Plan Commission did but they can’t make it less restrictive.
Griffin, Director of Planning – There
is some new information. At the last
Town Council meeting, James Drake, an employee of
Scott Oldham – Asked Mr. Carmin if this will now be a receiving yard and there will be nothing else done at that location. Mr. Carmin replied it will be the collection and no breaking down of vehicles. Mr. Oldham asked if it will basically be a giant store front. Mr. Carmin said they will be collecting and paying for aluminums and different metals. Some of the metal will have to be cut down to be transportable. The process will be what is necessary to cut the metals down. Mr. Oldham asked if they’re not anticipating any other use. Mr. Carmin answered that was correct. Mr. Oldham asked Darla Brown about Section 4(c), Commitments may be modified or terminated only by decision of the Monroe County Plan Commission. Ms. Brown responded it parallels what the statute says. Once the commitments are entered into unless they expire they can only be modified later by the Plan Commission. Mr. Carmin said it was his mistake and should state “Ellettsville Plan Commission.”
Bill Schneider, Ellettsville – He gathers the rezoning of this will become, and now is a salvage facility. It will be the 48 hour time thing and won’t be a junk yard. How binding is binding? Once these Commitments are changed and accepted they can never be changed. Mr. Carmin replied that binding means they are legally enforceable. The document itself actually says that. They can only be amended or altered with the Ellettsville Plan Commission approval. Mr. Schneider asked if they have an option at a later date as the community grows to make the parcel of land more useable for business than just recycling. David Drake replied that the Town couldn’t take away their uses under that agreement. Mr. Schneider asked if they couldn’t rezone does it mean more tax dollars coming into the community in the future. Mr. Drake said if they request it be done the Town Council couldn’t decide to cut out those uses or conditions. That’s his concern as a citizen in a growth community. This is going to be a wonderful place to move to providing it has the land that can be developed close to the center of Town.
Kapczynski, Ellettsville stated she
was a resident and tax payer of the Town of
Ellettsville – With the new
information presented it negates some of the problems and concerns. He is curious as to how it resolves the five
zoning violations against the property.
From previous testimony the state would probably grant a license to
operate this business based on the wishes of the Town Council. They don’t know what the DNR issue is. Whatever is put in there runs the risk of
potentially fouling the water shed and aggravating floods. There has been testimony that there will be
five foot of water on that property in a 100 year flood. It is unknown how the DNR decision will
affect the floodplain. Realistically,
right now the Town of
David Drake – Is all for business and has nothing against
David Drake entertained a motion to adopt the PUD proposal and Ordinance 2011-10. Dan Swafford made a motion to adopt the PUD proposal and Ordinance 2011-10.
Scott Oldham seconded. Roll Call Vote: David Drake – no; Scott Oldham – yes; Dianna Bastin – yes; Dan Swafford – no and Sandra Hash - abstained. Vote was 2-2 with one abstention.
Dan Swafford – Asked Darla Brown if this comes back to the Town Council as a different motion or ordinance or does it stand as it is written. Ms. Brown replied it stands as it is written other than whatever additional conditions or commitments the Town Council wants to put on it. If it comes back to the Town Council it will have to be in the form of another petition.
Mike Carmin – This is a no action vote. This goes on next month’s agenda. There’s no action to be taken so it’s not a dead petition and goes back next month.
David Drake – If the Town Council does not take any action then in 90 days the Plan Commission’s recommendation takes effect.
Russ Ryle – It is his understanding that under these circumstances, a tied vote is a no vote.
Judy Morran – Presentation of Signs for the Well Site
Judy Morran – This is a continuation of what happened 1½ years ago when they made her students happy by making the Well Site acreage a nature preserve. For the last 1½ years, she and her students have been working on the trail. Mr. Ragle has been wonderful about making mulch. A trail has been laid almost all the way through the Well Site. There’s also a gate that protects the property so cars won’t go into the property. It looks a lot better. After working with Sycamore Land Trust three signs have been designed to designate the area. One sign will be showing that it is a Well Site set up as a nature preserve as forethought by the Town Council of Ellettsville. It’s a very beautiful sign. The second sign shows groups of children that have worked hard on the property to keep it a wild refuge. A couple of weeks ago, WFYI made a documentary of the forest and the things her classroom has been doing in the forest in conjunction with the Indiana Children’s Museum and the Indiana Division of Forestry to show some of the ways you can teach students to learn standards outdoors. The third sign will show the trail. Mr. Ritter, the Environmental Educator for Sycamore Land Trust, had a friend of his come down and use a GPS system to set up the trail. Edgewood Intermediate is paying for the signs with a grant. In the past Sycamore Land Trust has asked that the property owners pay for the sign posts, pay for the bolts and dig the holes. They are requesting the Town of Ellettsville get the posts, dig the holes, get the bolts and they will install the signs.
They have been carrying the mulch out bucket by bucket and wheelbarrow by wheelbarrow and the trail is getting long enough the kids get tired before they can get the buckets to the end of the trail. It would be nice if there was equipment or someone who could move some mulch farther down into the trail so they can pick it up from there.
They are also requesting the Town Council take another
look at the name. In the years past it
was named “
Dianna Bastin – Asked since the park is utilities’ property and it’s where the wells are located could utilities just take care of it.
David Drake – Asked how long it had been
David Drake – Adjourned the meeting for a five minute break.
David Drake – Called the meeting back to order.
Health Insurance Renewal
Sandra Hash – Provided a letter stating the health insurance renewed. They were projecting a 12% increase but it is actually 5.97%.
David Drake – Asked if there were any Town employees who want to comment on the health insurance and whether or not the current policy should be renewed. There were none. He asked if Ms. Hash had heard anything from the Town employees as to whether or not they want to renew the health insurance. Ms. Hash replied she hadn’t discussed it with anyone. When they projected an increase of 12% and it came in at 5.97% she was so thrilled that it sounded like a wonderful deal.
David Drake entertained a motion to accept the health
insurance renewal. Dianna Bastin made a
motion to accept the health insurance renewal.
Scott Oldham seconded. Roll Call
Vote: David Drake – yes; Scott
Agreement Between the Town of
Sandra Hash – The agreement hasn’t changed. Darla Brown reviewed the agreement and it is the same as last year.
David Drake entertained a motion to approve the Annual
Agreement between the Town of
Connie Griffin, Director of Planning – On October 17, 2011, a code enforcement letter was issued to the First Assembly of God under Town Code 152.144, Erosion and Pollutant Control Measures. The following codes are in violation: §152.14(c), (e), (i), (j) and (k). These have to do with establishing a vegetative cover over the property. Winter is approaching and the construction activity on the site has ceased. Therefore, the Town requires the area be stabilized with a cover of 70% vegetation. The inspection was held on Monday, October 24, 2011, and they have failed to complete any of the necessary abatement issues. She is requesting a schedule of fines.
Dan Swafford - Asked when the violation notice was issued to the church. Ms. Griffin replied it was mailed on October 17, 2011. Scott Oldham asked if Ms. Griffin had a recommendation. Ms. Griffin responded $100 per day. David Drake asked if anyone had talked to them since the violation. Ms. Griffin stated she had talked to a member of the church who is in contact with the pastor. The church is aware of it as well as the contractors. Mr. Drake asked if the church knows the Town is considering fining them. Ms. Griffin replied as part of the Town Code it does mention these things. The Town Code was attached with the letter to the church in accordance with protocol. Mr. Swafford asked Rick Coppock if he had contacted the site owner. Mr. Coppock stated they have notified the site owner by correspondence on different occasions that they have to stabilize the site by seeding and mulching the bare soil. In addition they have to have 70% coverage to be considered stabilized plus they have to have stone on the access roads so they don’t wash out into State Road 46. They have notified them of this a couple of times. In the past, the Town Council has taken an action and specified what would happen if they failed to follow these measures and give them until the next meeting to respond. Mr. Swafford asked if this was through the Town Attorney or a letter from the Town. Mr. Coppock said the last letter was sent by certified mail. Mr. Drake asked Connie Griffin if she or the Town Attorney sent the letter last time. Mr. Coppock said he sent the letter the last time. Mr. Drake stated he would suggest another letter be sent by certified mail to the church stating if they haven’t corrected the problem by the next meeting they will be fined $100 per day.
Scott Oldham – Asked Rick Coppock if the project has ceased or is it continuing. Mr. Coppock replied the last he heard approximately one month ago they were taking bids for the building foundation. He hasn’t seen anyone working on the site since that time.
David Drake – Asked if anyone had comments on his suggestion. Dan Swafford replied it’s a good suggestion. The church needs notified that if they haven’t responded or done anything by November 28, 2011, then the Town will start fining them $100 per day in accordance with the Town code. Scott Oldham asked Darla Brown, Town Attorney, to provide them a list of the fines issued in the past so the Town will be consistent.
Schneider – The church property lies
directly south of Autumn Ridge. On
September 19, 2011, he called Pastor Carter and he was out of town. He left a voice message concerning the
burying of trees on the north side of the property. Pastor Carter returned his call on September
21, 2011, and he was unaware that a group of about 30 trees were buried with
six inches to three feet of dirt. If
these trees remain buried they will die.
The trees are white oaks, maples, walnuts and ash and have been there
for 30 to 40 years. Approximately 1½
years ago, Rick Coppock, Connie Griffin and Dan Swafford saved a third of the
trees. When he didn’t hear from Pastor
Carter he contacted Dan Swafford and Rick Coppock to look at the same site on
September 29, 2011. They looked at the
plat and couldn’t figure out why the dirt would have been pushed up the hill to
cover the trees. Approximately one month
later, after returning from a month long trip, he noticed the trees were still
covered with dirt. He called Pastor
Carter and left another message. While
he was out of Town, there was a meeting wherein it was decided not to do
anything with the trees. At the last
Plan Commission meeting he was asked to get a professional opinion as to
whether or not the trees are dead. He
provided the opinion stating the trees are alive and can be saved to Town
Council. There is a tree that has been
dead for approximately five years. At
the last Plan Commission meeting, they were warned not to go on the property
because it is private property. However,
because of a new sidewalk they can walk close to where the trees are located. The Town does not have an ordinance about
such things but he has been told
Dianna Bastin – Since the Well Site is Utilities property they will be the people to go to for anything that needs done.
Privilege of the Floor
Darla Brown, Town Attorney – The money left over in the Autumn Ridge letter of credit will be returned to the bank on November 15, 2011. The amount being returned is $15,651.16.
Dianna Bastin made a motion to adjourn. Scott Oldham seconded. Motion carried. David Drake adjourned the meeting at 8:44 p.m.