OCTOBER 12, 1998
The Ellettsville, Indiana, Town Council met in regular session at 7:30 p.m., Monday, October 12 1998. Members present were Michael Cornman, President, Geraldine McIntyre, Vice President, Donald Ashley, Gina Hawkins, and Patrick Stoffers. Mr. Cornman called the meeting to order.† Donald Ashley gave the prayer.
Mike Cornman informed the audience of the rules for council meetings as follows:
The town council has a comment period for people who wish to comment on anything that is not on the agenda.† We have up to fifteen minutes at the start of the meeting to do this.
If you do not get a chance to speak, you can speak at the end of the meeting with the same rules applying as just mentioned.
Anyone wishing to make comments to the council whether it is an agenda item or in the comment period, must come up to the podium and give their name and their address and or their affiliation (if any) and you will be recognized to have the floor. IC 5-14-1-5 (3).
You will have up to 3 minutes to comment to the council.
This does not pertain to the person or persons who is speaking on the behalf of the agenda items.
Once you have commented to the council on the subject that is on the floor and you have left the podium, you are no longer recognized on the floor.
It is the councilís option whether or not they respond to any or all of the comments.
If there are several people to comment on the same subject, it is recommended that someone appoint a person to represent them on the subject matter at hand.
Failure to do so may result by being called out of order by the President and you will no longer be recognized on the floor.
If there are matters at hand that require a vote, the following rules will take place:
1. The name of the subject or the title of the ordinance shall be read.
2. The President will ask is there a motion to accept or deny the subject or matter at hand.
3. There must be a motion.
4. There must be a second to the motion.
5. If, after the President has asked is there a motion? Or in the case of a second, has asked is there a second? At least three times, and does not get a response,† then the subject or matter at hand is tabled until the next meeting
6. If the subject or matter at hand receives a motion and or a second to the motion, the president will then ask if there are any comments from the council, then from the audience.
7. If there is a comment, then the rules mentioned above will apply.
8. After the comments, if any have been made, the President shall ask for the vote to be taken.
The President has the right to call anyone out of order if the above rules are not adhered to or if abusive language or improper behavior is observed.
Greg Hudson made a complaint concerning the seizure of his automobile.††
Mike Cornman responded to Mr. Hudson by saying when the council receives a complaint against one of our town services they forward it to the liaison of that agency.† They will look into the situation and they will respond back to you with a phone call or a letter.† The findings will also be announced at a public meeting.† Mr. Hudson requests to be on the next meeting agenda.
MINUTES AND CLAIMS:
Mike Cornman ask for a motion to accept the minutes and claims.† Geraldine McIntyre said so moved.† Don Ashley seconded.† Motion passed 5-0.
ORDINANCE 98-22 AN ORDINANCE OF THE ELLETTSVILLE TOWN CODE CONCERNING EMPLOYEE HEALTH INSURANCE SECOND READING:
This Ordinance was removed from the agenda for this meeting.
INDOT PROPOSAL-LAND AT OLD WATER TOWER SITE:
Mike Cornman ask Rick Coppock, the town engineer to explain this 36hundreths of an acre.† Rick Coppock from Bynum, Fanyo Associates told the council this is property the town owns on the west end of town.† It is next to the old water tower site.† It was purchased a few years ago.† As part of the State Road 46 project the Indiana Department of Transportation needs to buy some right of way across the frontage of that property.† The offering price is $520.00.† Mike Cornman then recommended the council approve the INDOT proposal to buy the piece of land.† Mike ask if there was a motion to accept or deny the proposal from the Indiana Department of Transportation.† Pat said he moved to accept the offer from INDOT for purchase of the proposed property.† Gina seconded.† Mike ask for questions or comments.† Geraldine McIntyre said she voted no the last time and she will vote no again this time because she would like INDOT to come before the Town of Ellettsville and explain what they are really doing.† She feels they have not done what they originally said they would do.
Darlyne Sowder, co-chair of the Citizens for State Road 46 Improvements, read the follow statement:
In July of 1996, citizens from Ellettsville, Bloomington and Spencer formed a committee called ďCitizens for State Road 46 improvements.Ē† The Greater Bloomington, Ellettsville, and Spencer-Owen Chambers of Commerce sponsor the committee.† The goal of the committee is to make the state highway officials aware that State Road 46 needs improvements and to make sure that the project stays at the top of the priority list.† Even though the state has assured Monroe and Owen County residents that this important highway will be improved, the committee is continuing to follow the progress of the project and will keep reminding the Indiana Department of Transportation (INDOT) that the improvement are vital to the health of our communities and the safety of their citizens.
We need the highway improvement to transport not just Ellettsville citizens but all those people who drive between Bloomington and Spencer or Terre Haute, and beyond.† And not just for the convenience of those who are tired of the congested highway.† We need the improvements to provide a safer highway for everyone who must use State Road 46 to go to work, school, shopping, doctor appointments, and so on, and this includes our senior citizens and our young people who are just starting to drive.
The highway improvements are necessary to attract new business to the area, which will expand out tax base.† Residents of Ellettsville are already concerned about the higher sewer and water rates.† New industries locating in this area will increase our tax base and help pay the cost of the new sewer plant and to support future projects that will be needed.†
Now INDOT is requesting a very small parcel of land, approximately one-third acre, which the town is not using, as right-of-way for the improved State Road 46.† They have even offered to pay the town $520 for the land.† Most towns would be so grateful that INDOT was providing a better and safer highway that they would donate the land.† But at its last meeting, the Town Council of Ellettsville, Indiana would not even approve the sale of this property to INDOT.† The president of the council even suggested that the state would have to take the property by eminent domain.† The legal process would cost the state far more than $520 in legal fees.† It seems to me that the Town Council is sending the wrong message to INDOT.
Wouldnít it be terrible if INDOT decided that Ellettsville didnít really want an improved highway and took their funds to another area where the residents and town officials really wanted to work with INDOT for the improvement of their highway!† If that happens would we have to live with this highway for another twenty or thirty years?
If council members, or any other residents, have questions about plans for the highway, Tim Miller of INDOT stands ready to address those questions.† He indicated to me that he had not received any calls or letters from council members prior to the councilís vote on September 28.
I think it is time for the Ellettsville Town Council to show INDOT that they truly want an improved highway.† The state is ready to go forward with the highway improvements.† If council members have questions, raise them with Tim Miller, but donít send a negative message to INDOT.† This highway is extremely important for the economic development of Ellettsville, and for the safety and convenience of the thousands of people who must travel State Road 46 every day.
I urge the council to vote to approve the right-of-way request.
Mike Cornman thanked Darlyne for her comments.† He then stated there has been a motion and a second to approve the land purchase.† The vote was 4-1 with council member Geraldine McIntyre voting no.† The motion passed.
RESOLUTION 8-98 RESOLUTION TO ADOPT A WRITTEN FISCAL PLAN TO ESTABLISH A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA (McNeely Street area):
Mike Cornman ask for a motion to approve or deny the resolution.† Don Ashley made the motion to approve Resolution 8-98.† Pat Stoffers seconded.†
James Cox addressed the Council.† He ask what area was to be annexed?† Mike Cornman replied it was the McNeely Street area, which includes Perry Woods and White Oaks additions plus a few parcels along McNeely Street.† Mr. Cox said he is against the annexation.† He lives in Perry Woods.† He does not feel the city can offer them anything.† It will only give the town more revenue.† He said they live in the woods.† If annexed they will be in the city and wonít be able to burn leaves.† He feels it will not be worth while for them to be annexed into the city of Ellettsville.† He ask if the town will accept petitions against the annexation?† He ask if it would be done democratically?† Since the council members are elected officials would they recognize what the property owners want?†
Mike Cornman told him there is a formula or process to be taken for remonstrance.† It is under Indiana Code.† There are certain steps that must be taken for remonstrance.† The remonstrance would go through the circuit court.† Mr. Cox said that would be done by petition?† Mike replied he believes that is how it is done, but he might want to check with some legal books.† It has the reference in the Fiscal Plan document on the remonstrance.†
Mike Cornman ask for the vote on Resolution 8-98.† The motion passed 5-0.†
ORDINANCE 98-25 AN ORDINANCE CONCERNING THE ANNEXATION OF ADJACENT AND CONTIGUOUS TERRITORY OF THE ELLETTSVILLE TOWN CODE: McNeely Street Annexation Area:
This is the area previously mentioned including Perry Woods and White Oaks additions plus a few parcels along McNeely Street.† Mike ask for a motion to accept or deny Ordinance 98-25.† Pat Stoffers moved to adopt Ordinance 98-25.† Gina Hawkins seconded.† Mike Cornman said this is the public hearing according to law for this annexation are there any comments.† There were no comments.† Mike called for the vote on Ordinance 98-25 first reading.† The motion passed 5-0.
NORTHERN RICHLAND SEWER ACQUISITION:
Larry Dunbar, Vice President of the Northern Richland Sewer Corporation, addressed the council.† He said he had been approached several times by the Town of Ellettsville about the possibility of consolidating The Northern Richland Sewer Corporation with the Town of Ellettsville.† Subsequent to that they have had a couple of meetings with Mike Cornman and representatives of the Ellettsville Sewer and Water Company.† At the last Northern Richland Sewer Corporation board meeting the board voted to recommend a consolidation with the Town of Ellettsville with a couple of stipulations.† One being that the sewer rates would be adjusted to be the same as the Town of Ellettsville users.† The other was that any assets that are remaining at the time of resolution would be returned to the members of the Northern Richland Sewer Corporation.† This would be after we complete some repairs we are in the middle of now and also any expenses such as legal fees that will be incurred by the corporation until we dissolve the corporation.† The board has had quite a few question and answer sessions with this and they feel pretty comfortable with it.† According to the Indiana Code the only thing the board can do is to recommend this to the membership.† It is up to the membership it they want to follow through with this or not.† The board canít make that decision.†
Geraldine McIntyre made the motion to go ahead with the Northern Richland Sewer Corporation acquisition.† Don Ashley seconded.† Mike questioned if that agrees that the rates will be the same as the town rates and the assets will go back to the members.† Geraldine said to agree with what has been agreed with on paper.† That means rates and the money go back after the repairs are done.† Mike ask for comments.† There were no comments.† Mike called for the vote.† Motion passed 5-0.
ORDINANCE 98-26 ADDITIONAL APPROPRIATION:
Gina Hawkins read the Ordinance:
Whereas, It has been determined that it is now necessary to appropriate more money than was appropriated in the annual budget; now, therefore:
Sec 1 Be it ordained (resolved) by the Town Council of Trustees, of Ellettsville, Monroe County, Indiana that for the expenses of the taxing unit the following additional sums of money are hereby appropriated out of the funds named and for the proposes specified, subject to the laws governing the same:
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† AMOUNT††††††††††††††††††††††††††††††††††††††††† AMOUNT
F-223 Fire Fighting†††† $779.95
Local Roads and Streets†††††††† ††††††††††† ††††††††††††††$30,000.00††††††††††††††† ††††††††††† ††††††††††† $30,000.00
Local Roads and Streets 361 Streets††††††† $15,000.00
Local Roads and Streets 441 Equipment† $15,000.00
Gina Hawkins made the motion to accept Ordinance 98-26 for the first reading.† Pat Stoffers seconded.† There were no comments.† Motion passed 5-0.
ORDINANCE 98-27-AN ORDINANCE CONCERNING THE ANNEXATION OF ADJACENT AND CONTIGUOUS TERRITORY OF THE ELLETTSVILLE TOWN CODE:
SET SEWER CONNECTION FEE FOR EDGEWOOD VILLAGE COMPLEX:
Mike Farmer explained to the council when someone requests a connection to the Ellettsville Utilities sewer we only have a set rate for domestic services or singly family.† When it is anything other than that it is to be set by the town council.† Mike Cornman request an idea of the fees for Edgewood Village to hook on.† Based on other connections in Monroe County and the $1,000.00 fee that we now have in place for single family Mike Farmer proposed we charge them $3200.00 per connection.† There is four connections so that will be $12,800.00 for them to get onto the sewer.†
Mike Cornman ask for a motion to accept the sewer connection fee for Edgewood Village complex for $3,200 per connection.† Pat Stoffers so moved.† Gina seconded.† Mike ask for comments.† Gina ask how many individual units will this entail?† Mike Farmer said there is 48 units, 12 per building.† Motion passed 5-0.
LAND ACQUISITION OF EASEMENT FOR WATER PROJECT ON RATLIFF AND STARNES:
Mike Farmer told the council they had already approved the process of acquiring the easements.† Everyone who will benefit from having water placed on their property has given the utilities an easement.† There is one piece of property we need to cross that will not benefit from our project.† They have asked for 71 cents a linear foot to cross their property.† It will be about $450.† Everywhere else we go there will benefit from the water or we can get off into the county easement as opposed to paying for the easement.† This particular spot is at the beginning of the project and we are literally against a rock and a hard place about where we can go.† We really need to cross their property.† If we go down by the road we will hit solid rock.† Then when we have to back fill we will have to back fill with rock and it will cost a lot more the $450 for the easement.† We will save from two to ten times that much money by going through the property.† Mike Cornman ask how many easement there are?† Mike Farmer replied about seven or eight and those basically receive $1 from us and sign an easement.† They all benefit from the project so it is a break-even situation.† They are supporting their own improvements by paying the hook on fees.† It is the neighborhood and Ellettsville working together to bring water to the area.†
The landowner is Ellen Ranard.
Mike Cornman ask for a motion to accept or deny the purchase of the easement from Ellen Ranard for $450.† Don Ashley made the motion that we purchase an easement across Ellen Ranardís property for $450.† Pat Stoffers seconded.† Mike ask for comments.†
Bill Earles commented he did not remember it being said why you are taking a big water line down Starnes Road and what the demand is for water out there.† He has never heard what happened to the old water lines between the wells and town.† It crosses Starnes to get to the old water tower coming from the wells on the Webb property.† He doesnít remember seeing a budget for building the proposed water line and his question is where is the money coming from.†
Mike Farmer responded by saying it is a neighborhood project.† All the people who have signed up for water so far, 10 participants and 6 more people who will come on when we bring the water by their property, their hook-on fees will pay for all the materials and supplies that it takes to get water to that area.† This line will be a service main.† The size of the line will be 4 inches in diameter down to Starnes Road then go one half a mile South on Starnes from Ratliff with a 2-inch line.† This is only a neighborhood project.† It only provides domestic service.† It is something some of the people have been asking about for years.† Every body is real excited about getting water.† We have had one well to fail since we have started talking about this project.† Everyone out there has expressed concern about the quality of his or her water.† If a residential subdivision is put in depending on the demand, what type it is and the need for fire protection the people subdividing would have to participate in upgrading the size of the water main.† It is not something we can predict.† It was decided when we put this size service main in we would not expend any more of our capital than we would have to.† Which is zero on this project.† They did not want to put a big main down Ratliff and it just set there forever.† We can put this in and work with the people without spending our capital.† Mike got three quotes on materials.† He would be happy to meet with Mr. Earles and go over the cost for the project and show him how the hook-on fees will pay for the project.† Mr. Earls ask if it would be cast iron. Mike replied it is going to be 4-inch plastic. He would like it to be, but it should be a 6 or 8 inch main in order to use cast iron.† We are in a quandary about putting in what we would like and what the future of that land holds, if we went that route we would not have put anything in right now.† Then people do not get served.† The people need to get served and they can't afford to pay for cast iron pipe so for them we are putting in small diameter service mains to take care of their needs.† We were in between putting in what we like and what we think the future holds, saving money and using it other places like Sugar Acres and Dewey Drive and other water projects we have ear marked for the next seven years.† We decided our capital needed to be spent there.† We did not want to turn away these perspective customers.† It gives a chance to expand our service area and we can do it for zero dollars out of our capital.† Bill Earles said he wanted to know because there were all kinds of rumors going around and it had not been advertised so it was about like the state highway, we didnít know what was going on.† Mike Farmer said this is for the betterment of the area.† It is not a secret agenda.† We will for the future when people want water around Ellettsville respond to their needs.† One of the first complaints I had when I came here was that the town does not respond to the needs of the perspective customers.† We just went through a situation with Patricksburg Bean Blossom Water Corporation where they had to come out of Spencer to serve water around Ellettsville because Ellettsville wasnít taking care of business.† The town council said find people who want water and make it physically possible.† That is what we are doing.† If you every need to know anything just call into the utilities and we will give you an answer.†
Jim Davis informed the council that he rents Ellen Ranardís ground and plants it with alfalfa hay.† It cost him about $2000 to plant this crop and if something happens that the line has to be moved over and the crops would be damaged then he would expect to be reimbursed for his investment in the alfalfa.† Mike Farmer has assured him that they will be gentle with the alfalfa.† He doesnít think they will harm the crop but just in case he wanted to let them know before it happens.† Jim said he wanted to bring this up in a public meeting because rumors fly around Ellettsville and he didnít want people to think Jim Davis was getting a cut out of this or something.†
Mike Farmer added everywhere they have went out west of town so far there have been wheat, corn, and beans and that is the first thing they say.† If you tear up our crops we would like to be reimbursed and we say no problem.† That is normal and usual procedure and thatís being a good neighbor.†
Geraldine McIntyre said she remembers when this came up quite some time ago and it was decided then that if we did this on Starnes Road we would put in a 6 inch pipe and a 4 inch into the house to give them water pressure and stuff like that.† This was about a year and one half ago.† So you are saying now you are only going with a 4 and a 2 right?† Mike Farmer said yes that is correct, as I said we have decided there are all kinds of projects that need to be done, both rehab jobs and new installations.† We have a list a mile long.† We can kill two birds with one stone by putting in a domestic service smaller than 6 inch.† We can service the area and wait for development to bring the size of pipe we would like to have to that area.† We can take our capital elsewhere and take care of more of our residents and ratepayers.†
Mike Cornman called for the vote.† Motion passed 5-0.
REMOVAL OF LIMESTONE SIGN ON THE WEST SIDE OF TOWN:
RESPONSE TO ARTICLE IN THE HERALD TIMES:
It was in the paper after the last council meeting.† Council member McIntyre ask about the 46 project.† Mike Cornman made an official request to Tim Miller of the Indiana Department of Transportation; he is the project manager for Highway 46.† He forwarded the request to public affairs division and Mike has not received any comment back yet.† Asking further with the land acquisition specialist Brian Krenzke, as I stated in the July council meeting the numbers from 2 places to be condemned did grow by an additional 7 to bring the total to 9 with one still in question.† That is still the same as it is today.† It was reported in the Herald Times that there are going to be 9 places taken as a total.† All of the owners of the land that will be taken have been contacted by the state. Some have already gotten offers and responded to the offers.† Mr. Krenzke also wanted to say the land acquisitions have gone very smooth in this part of the project and the article in the paper surprised him.† Every thing is still as it was at the last hearing with the exception they are now going to 10 with one of those being a voluntary acquisition.† They requested to be taken in by the state according to Mr. Krenzke it was a gray area and it was up to the landowner if they wanted to be taken or not be taken.† The landowners said please take us so they did.† So it has grown to 10 with another one still in question. †They are trying to redesign this particular area to prevent taking the one in question.†
Darlyne Sowder said the state put stakes in front of her business this week.† She feels that maybe some of the concerns are in response to seeing where the stakes appear.† The stakes are color coded to show what they mean.† The stakes that go half way up her alley have a yellow and a white tag on them.† That does not mean that they are going to take that property.† They are not going to take the front half of my building.† That is their temporary right-of-way.† They are going to lease that property from me for period of approximately 3 years.† Then they are going to put their machinery on that property during that time.† As you drive down Main Street and you see these stakes out if you look for the ones that are yellow and white those are the temporary right-of-way.† That is not permanent right-of-way.† That is only for the time of the project so they can keep their equipment there.† That may be why some people are concerned they have taken so much land.†
Mike Cornman added that Tim Miller also said the temporary right-of-way gave them the right to improve someoneís driveway up to that point.† So they are trying to make things better for the landowner.
Ty Conner from Umbaugh stated they didnít know if the Council changed their mind, but they were under the impression that the annexation ordinance would be adopted tonight.† From what he heard we just went through the first reading.† I am not trying to push you I am just seeing if something has changed.† Mike Cornman said isnít there enough time after they next meeting to have 60 days, if it becomes affective after the next meeting?† Ty said that is fine we had originally talked about suspending the rules and adopting it tonight, if you have changed your mind that is fine.† We will have to re advertise and have another public notice to adopt it.
Frank Barnhart explained, for an ordinance of this type it requires two readings.† The first and second readings should be two weeks apart.† If you want to consider an ordinance for a single reading and pass it at with a single reading you are suppose to advertise that you are going to ask to do that.† Then you cannot wave the rules and do that unless all of you agree to it, it has to be unanimous.† When it comes up for the second reading the same night then it can be passed by a majority vote.†† But it cannot come up for a second reading unless it us unanimous.† Mike Cornman said we did not notify that we wanted to do this and this is on annexation ordinances only.
Jim Davis said he has an employee who has to be off starting November the 9th.† He is going to have his shoulder operated on and he will probably be off about 8 weeks, depending on how well he recovers.† There is not enough money in the budget to cover this because we do not budget for regular people being off.† We are going to cover part of it with part-time but we may have to do an additional appropriation to cover the rest of it.† I thought I would show you figures on it at the next supervisors meeting but I didnít want to wait until the last minute so I felt I should tell you about it tonight.†
Mike Farmer said he had received a couple of inquires about the sewer project on Vine Street.† I thought it would be worth while to bring it up.† During our operations we were bypassing our sewer so our men didnít have to work in it.† It makes it a lot easier to put a new sewer in.† We had a bypass hose pumping out of one manhole straight toward the creek.† Before you get to the creek there is another 18-inch sewer and manhole.† I never thought anything about it but I wonder how many people thought we were pumping sewer directly into the creek.† We were not.† We followed the rules and put in into another sewer out in that field close to the creek.† The only sewer we put in the creek is the treated kind.† The Vine Street project is complete.† This information will go to IDEM on the next monthly report to let them know we are complying with our master plan.
Rick Coppock said one thing we have been looking at is the utilities on State Road 46, the water lines.† In conjunction with the widening project Mikeís crews are going to do some digging out there.† They are going to locate the 12-inch main and the actual depth of the line to see how the highway project will effect that line.† To see if it will need to be relocated.† I informed Matt Thomas at INDOT that we were physically locating the lines at this time.†
Mike Cornman thanked John Sever and Ty Conner from Umbaugh for attending the meeting for the annexation issue.†
Mike Cornman also announced there are copies of Indiana Code 5-14-1.5 the open door law available at the meeting concerning the public meetings for 35 cents.† There have been some allegations that we do not follow the open door law, but we follow it to the T.
Gina Hawking made the motion to adjourn.† Pat Stoffers seconded.† Motion passed 5-0.