April 23, 2012
The Ellettsville, Indiana,
Roll Call: Members present were Scott Oldham, President; Dan Swafford, Vice President; Dianna Bastin, David Drake and Phillip Smith. Sandra Hash, Clerk Treasurer, Darla Brown, Town Attorney, and Rick Coppock, Bynum Fanyo and Associates, Town Engineer, were also present.
Approval of Minutes
Scott Oldham entertained a motion for the approval of the minutes for the regular meeting on April 9, 2012. Dan Swafford so moved. Phillip Smith seconded. Motion carried.
Accounts Payable Vouchers
Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers. Phillip Smith so moved. Dan Swafford seconded. Motion carried.
04-2012 Temporary Loan from the Rainy Day Fund to
Sandra Hash – When the balances were read at the last meeting, the MVH balance was approximately $700. They received a payout for the MVH fund since then but the inadequacy carries through. They need a temporary loan to carry it through to the end of the year. Dan Swafford asked the amount of the loan. Ms. Hash replied it is $50,000. Mr. Swafford asked if that will carry them the rest of the year. Ms. Hash answered it would. Scott Oldham asked if she predicts MVH will be able to pay the loan back at the end of the year. Ms. Hash replied when the Town receives its tax payout in December they will pay it back. But, when they do this they’re using tax dollars that are meant to carry them from January through June of 2013, and again, they will be short. Until they can get caught up they will have to do this.
Scott Oldham entertained a motion to adopt Resolution
04-2012 Temporary Loan from the Rainy Day Fund to
Ordinance 2012-10 Amending Ordinance 2011-13 Fixing of Salaries for Budget Year 2012 Concerning Law Enforcement Officers Wages When Participating During Off Duty Hours in Programs Administered by the Division of Traffic Safety, Indiana Criminal Justice Institute
Sandra Hash – The officers work Operation Pullover and Driving
Under the Influence check points. These
are grants the Town receives that are over and beyond their regular rate of
pay. This amendment to the salary
ordinance allows those wages. Dan
Swafford asked if the officers will be taxed just like regular wages. Ms. Hash replied the Town pays it out and is
then reimbursed through state grants. Mr.
Swafford asked about overtime. Ms. Hash
stated it is not calculated into their overtime. It occurs during off-duty hours and they are
not on their regular time sheet. The
officers give her a separate grant time sheet.
Mr. Swafford asked if there are any
Stoneview Town Homes – Final Plat Lots 55 – 62
Coppock, Bynum Fanyo and Associates, on behalf of the Petitioner – This is an approval of the townhomes located on
Dan Swafford – He had a chance to look at the units when he and
Rick were there. They are very nice
condos. He and Rick did a walk through
on one of the completed units and they did a very nice job. He commends them for it. It’s a nice addition to the Town of
Bastin – She was up there when they
were painting the water tank. Are the
condos behind the first set of buildings past the tank? Mr. Coppock replied they’re south of the
tank, the last building on the south end of this particular unit. Mr. Swafford commented they back up to
Rick Coppock – These are a little different than most subdivisions or final plats because they are condominium units. They actually buy the interior of the buildings. Each building has to be final platted and this can’t be done until after the building has been framed. At this time, they’ll go ahead and do the measurements. This is how they divide the units that are placed on the final plat. This is why it is different. Each building is done and the remainder of the ground around the building is a common area. They have a homeowners association who maintains the common area and the exteriors of the building. Mr. Swafford asked when the letter of credit or bond expires for the sidewalk. Mr. Coppock replied usually one year is required. They still have one building to go. Mr. Swafford asked if Connie Griffin, Director of Planning, has this information. Mr. Coppock answered she does. Mr. Oldham asked Connie Griffin if she had any objections as to planning or zoning. Ms. Griffin replied she did not.
Scott Oldham – Asked Darla Brown, Town Attorney, if they needed to vote on this. Ms. Brown replied she thinks the motion should be they’re accepting the dedication shown on the plat. The final plat has already been approved by the Plan Commission.
Scott Oldham entertained a motion to accept the dedication on the final plat for Lots 55 to 62. Dan Swafford made a motion to accept the dedication on the final plat for Lots 55 to 62. Phillip Smith seconded. Roll Call Vote: Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith – yes. Motion carried 5-0.
Rick Coppock, Bynum Fanyo & Associates, Town Engineer – This has been continued.
Dan Swafford made a motion to table Chapel Hill Wilderness. David Drake seconded. Roll Call Vote: Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith – yes. Motion carried 5-0.
Greenbrier Meadows Phase Two Section One – Final Plat
Coppock, Bynum Fanyo & Associates, Town Engineer – This is a continuation of the Greenbrier Meadows
subdivision which is along
Scott Oldham - Asked if it’s contingent on a bond. Mr. Coppock responded it always is. Any final plat approvals are subject to the
bond or the improvements being completed.
As a matter of getting this step out of the way he thought he would
bring it before the Town Council for approval.
Mr. Oldham asked if this is the project that will connect with
Turtleback or what does it connect to.
Mr. Coppock replied Deer Run eventually connects all the way through to
Greenbrier Knolls. Mr. Oldham asked if
it will be completed with this phase.
Mr. Coppock answered not with this phase. This phase is for five lots that are to the
east of Deer Run and the
Darla Brown, Town Attorney – The next Plan Commission meeting is next week. Is there any reason it can’t go back before the Plan Commission for them to do the final plat approval. Mr. Coppock replied they did final plat approval at the last Plan Commission meeting. Ms. Brown stated she thought he had said he got preliminary plat approval. Mr. Coppock stated they got preliminary and final plat approval at the last Plan Commission meeting. They have preliminary approval for 29 lots and final plat approval for five lots. Ms. Hash asked what the five lot numbers are. Mr. Coppock replied they’re Lots 46, 47, 48, 59 and 60. Ms. Brown asked if the plat they want to record has the same or similar language with regard to Stoneview Condos. Mr. Coppock asked if this was in regard to the signatures. Ms. Brown answered yes. Mr. Coppock stated they changed the signature to match with Stoneview Condo’s signature page. They are not seeking signatures but seeking final plat approval. They’ll ask for signatures when the bond or improvements are completed.
Dan Swafford – Asked when they ask for the bond. Mr. Coppock replied before they record the final plat. Mr. Swafford asked who set the price on the bond. Did he go in and estimate what the cost would be on all of the public improvements for the entire subdivision. Mr. Coppock replied they set the costs of the improvements for this section of the subdivision. Mr. Swafford asked if any of the remaining subdivision has a preliminary plat, grading permit or any kind of approval. Mr. Coppock responded they are ready to apply for the grading permit for this particular section. Mr. Swafford asked if he will be figuring out the dollar amount. Mr. Coppock replied they have already figured out the approximate dollar amount. The dollar amount is based on current prices and he figures them for every subdivision regardless of who designs it or does it because they’re all the same. Mr. Swafford asked if this is typically the time they do the bonds or letter of credit. Mr. Coppock answered the bonds are set before the Town Council signs on the plat. The bond amount has to be in the hands of the Town Council.
Scott Oldham – Asked if there’s a reason they can’t wait until the bond is set, fixed and in place prior to approval. Mr. Coppock responded it is a matter of timing. Eventually, there will be some bond amount set. Mr. Oldham said he’s a little concerned with what they’ve learned from some other projects that have come up in the last couple of years in their rush to sign off on something before they have everything they need in hand. Unless there’s some overriding reason they need to come away from that. Mr. Coppock commented his only concern is the amount of time between meetings. Sometimes they get in between meetings when there is a closing. It could be three weeks out plus finding everybody to sign the plat. He’s not in any big rush for this but he just wanted to get it before Town Council while they’ve been talking about these issues. Mr. Oldham stated there is only another 14 days until the next Town Council meeting and there’s a Plan Commission meeting in between so he doesn’t know there’s an issue. Ms. Hash advised there is an extra week this time so it will be three weeks between Town Council meetings. Mr. Coppock said they don’t necessarily have to have any approvals at this meeting. He reiterated they wanted to get it before Council so they can take a look at it before they get to a critical one meeting juncture, nobody knows about it and then they get into some of the issues they’ve been having lately.
Dan Swafford - He agrees with Mr. Oldham because he has the same
concern. His other concern is the
intention to complete the entire subdivision.
What worries him is they’re asking for preliminary plat approval on five
units and if the rest of the subdivision isn’t finished then where are they at
with the public improvements. Mr.
Coppock replied the reason you have the bond for the public improvements is to
service the lots for which you have final plat approval. Any amount of public improvements has to be
there for those five lots when you give final plat approval or the Town would
be on the hook for the public improvements.
You only have to build the amount of public improvements that are
required to serve those lots. Mr.
Swafford asked if they won’t put their gravel or black top down in any area
other than what they’ve approved. If the
first five lots were sold and something happened and the subdivision was never
completed then all they would see would be a stub. Mr. Coppock said that was correct. This is the typical process for a
subdivision. They’re built in phases as
the money is available. Mr. Swafford
said he understands all of that. He is
concerned after being on the Plan Commission for several years that the Town
doesn’t get stuck in situations such as
Scott Oldham – His concern goes a little further. Past experience being what it is he hates to see 4, 5, 6, 10 or 15 homeowners get stuck on the hook for a development that is never completed and the Town has no ability to help them. Again, while the Town is not in the development business they still assist, do what they’re responsible for and make the responsible decisions up front. Mr. Swafford said that’s a good point. He asked Ms. Brown, if the project is over 50% can they ask for a bond or letter of credit on the completion of the rest of the project. Ms. Brown replied she thinks they can do whatever the Town and developer agree to. Mr. Oldham commented theoretically they can ask for a bond at 0% completion. Mr. Swafford asked in the beginning, instead of asking for five lots, could they ask for a bond for the whole project. Mr. Coppock replied nobody could afford to do that. The public improvements for the five lots are approximately $200,000. Mr. Oldham stated they’re asking for theoreticals such as at what point they could ask for a bond. It becomes a fact there are certain subdivisions that have either been built or partially built and they have a mess on their hands with no other alternatives. There are condominiums that are turned over to homeowner associations once they’ve reached 100% sold. However, all they have to do is hold one back and they never reach 100% sold.
Town Attorney – The Plan Commission
approves the final plat. If the final
plat for the five lots has been approved she doesn’t know there’s anything for
the Town Council to do right now.
Normally, what the Town Council does is accept the streets in the
inventory and accept the dedication. If
the final plats have already been approved by the Plan Commission then it’s
done. If it’s been approved then it’s
approved. Mr. Swafford stated he’s
thinking in the future and because of what Mr.
Phillip Smith - Confirmed he’s just giving them plenty of time to look at it and think it over. Mr. Coppock replied that’s correct and the issues can get ironed out.
Scott Oldham – Asked Ms. Griffin if she had any thoughts on this. Ms. Griffin replied she did not have any problems or concerns with final approval. The Plan Commission, Town Attorney and Rick Coppock are reviewing procedures for final plat approval and will be making changes that will keep council better informed of the process and status of the project.
Scott Oldham entertained a motion to continue Greenbrier Meadows Phase 2, Section 1 final plat. Dianna Bastin made a motion to continue Greenbrier Meadows Phase 2, Section 1 final plat. Dan Swafford seconded. Roll Call Vote: Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith – yes. Motion carried 5-0.
Coppock, Bynum Fanyo & Associates, Town Engineer – He has been attending the participating agency
meetings with the Indiana Department of Transportation for I-69. Also attending were representatives from
Coppock, Bynum Fanyo & Associates, Town Engineer – He has been working with Martha Miller of the Soil
and Water Conservation District in
Connie Griffin, Director of Planning – She has needed a Code Enforcement Officer for some time. They’re getting into the season where one is needed for tall grass, trash and sign violations. She introduced Warren Hoobyar as the suggested part-time Code Enforcement Officer. This is a seasonal position with 24 hours a week during the prime part of the season. The rate of pay is $10.00 an hour. Mr. Hoobyar has been interviewed on two occasions with Dan Swafford and Phillip Smith. Mr. Hoobyar is a resident of Ellettsville and has shown an interest in being a Code Enforcement Officer. Mr. Hoobyar can start on May 1, 2012. She is seeking Town Council approval for hiring Mr. Hoobyar.
Scott Oldham entertained a motion to hire Warren Hoobyar as part-time Code Enforcement Officer at the Planning office. Phillip Smith made a motion to hire Warren Hoobyar as part-time Code Enforcement Officer at the Planning office. David Drake seconded. Roll Call Vote: Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith – yes. Motion carried 5-0.
Town Marshal Tony Bowlen – Due to a shift in personnel he has an open sergeant’s position. He is requesting permission to post the promotional opportunity internally some time this week. Mr. Swafford confirmed he hasn’t lost an employee. Marshal Bowlen replied that’s correct; there was a shift in personnel. Mr. Oldham gave permission for the promotion to be posted.
Sandra Hash –
Privilege of the Floor
Bruce Frye – Applauds the acquisition of the Code Enforcement Officer. He lives in Autumn Ridge and is attending this meeting with Bill Schneider, his neighbor. He has a copy of a letter dated April 20, 2012, from Bill Schneider to Scott Oldham which has to do with code violations of the church property next to Autumn Ridge. They are interested in knowing the responses to the questions asked in the letter. Mr. Oldham replied currently they’re still looking at some of those issues so he can’t give any answers at this time. He has similar questions. The questions asked in the letter were the same as those he and Connie Griffin discussed about two to three weeks prior. Mr. Frye asked if the questions will come up as an item at some point. Mr. Oldham responded they will at some point but he didn’t know when.
Bill Schneider – Is there one of the questions he could answer at this meeting. Mr. Oldham said no, not that he’s going to answer tonight. They think they have some of the explanations for the questions he posed but he wants to make certain they’re correct before he releases them. Mr. Schneider asked if Mr. Oldham could give him some idea of how many citations have not been completed in a reasonable period of time. Mr. Oldham answered he does not know. His first question is always on the status of the project such as is it going forward, is it going in a different direction or what are they going to do with it if anything rather than simply staying stagnant. He has not received an answer to this. If the project is not going to be completed then they have a different issue rather than the code enforcement issue. His question is why they have not seen any movement with that project for three months. Mr. Schneider asked if it would be reasonable to request that these issues be addressed and answered by the Town Council meeting after next. Mr. Oldham responded he would hope it would be sooner.
Tom Orman – School zones are 25 mph. When you hit
Dan Swafford – Asked Darla Brown, Town Attorney, what it takes for
Town Council to change speed limits. He
agrees with Mr. Orman it is listed in the Comprehensive Plan as a major
collective. He has driven it several
times and you have to ride your brakes to coast down the hill. There are other major collectives in the Town
that are different speed limits. For
example the speed limits on
Tom Orman - You can justify school zones or housing additions
being 25 mph because of kids riding bicycles.
A major artery shouldn’t be 20 mph.
The road shouldn’t change from 30 mph to 20 mph when there’s no change
in density. He’s been on the road
millions of times and never knew the speed limit was 20 mph. Mr. Oldham explained that nothing they may do
with the speed limit is retroactive. Mr.
Orman stated he would like to see how many tickets were issued for speeding in
one year on that road. Mr. Oldham asked
Marshal Bowlen if he knew how many tickets have been written for speeding on
Dan Swafford – Asked if the Town has a radar speed sign that shows how fast people are going. Mr. Orman said he’s not trying to get out of a ticket but do what’s right for the Town.
Bill Schneider – He drives
Sandra Hash – Thinks the Town has a couple of radar signs. They were used in Meadowlands before the speed bumps were installed. Mr. Drake thought they were used around the elementary school. Ms. Hash stated when Jerry Pittsford was Town Council President the Town purchased at least one radar speed sign. Mr. Ragle said the Town has one radar speed sign but it is 110 volts and would have to be plugged into someone’s house. Dan Swafford asked Mr. Ragle to check on the price for a new radar speed sign and solar pack.
Dianna Bastin made a motion to adjourn. Dan Swafford seconded. Motion carried. Scott Oldham adjourned the meeting at 7:56 p.m.