August 13, 2001
The Ellettsville, Indiana, Town Council met in regular session at 7:30 PM, Monday, August 13, 2001. Jerry Pittsford called the meeting to order. Jerry Pittsford led in prayer. David Sorokoty led the Pledge of Allegiance.
Jerry asked for roll call of Council Members. Members present were Jerry Pittsford, President; David Sorokoty, Vice President; Geraldine McIntyre, Mike Cornman and David Drake. Also present were Sandra Hash, Clerk-Treasurer and Wes Marion who sat in for Mike Spencer.
Approval of the minutes of the Regular Meeting of July 23rd and Budget Meetings of July 30, 2001 and August 6, 2001
Jerry asked for approval of the minutes for July 23rd and the budget meetings of July 30th and August 6, 2001. Geraldine moved and Mike Cornman seconded the motion. Motion carried 5-0.
Voluntary Annexation Fiscal Plans
Campbell's Park Property 1.8 acres
Rick Coppock explained Bynum and Fanyo prepared the fiscal plan for Campbell's Park, and it will not incur any additional expense for the Town as the Town currently maintains the Park. David Drake moved to approve the fiscal plan for the voluntary annexation of Campbell's Park. Geraldine McIntyre seconded. Motion carried.
Well Site Property Phase One 10 +/- acres
Rick Coppock again explained this is contiguous to the Town. It is next to the new elementary school site. It is 20-acre site but there is not enough continuity to take in the whole 20 acres at one time. The site will not create an expense to the Town; there are no roads or sewer and water service needed at this time. Geraldine McIntyre move to approve the first 10 acres on the well site property as phase one. David Drake seconded. Motion carried.
Mary and Michael George Property formerly the Ester Love and George Property 121.7 +/- acres
Rick Coppock said there would not be any extra expense to the Town for this property. It contains the location for the future fire station and has water and sewer on the property. Geraldine McIntyre questioned the recommended zoning. Rick replied it was R-1 as recommended by the Plan Commission. David Sorokoty move to accept the voluntary annexation fiscal plan for the property of Mary and Michael George formerly know as the Ester Love property. Michael Cornman seconded. Motion carried.
Ordinances on First Reading
Ordinance 01-15 the annexation of Campbell's Parks
Michael Cornman read the Ordinance by title.
Ordinance 01-16 the annexation of the Well Site Phase One
David Sorokoty read the Ordinance by title.
Ordinance 01-17 the annexation of Mary and Michael George's property
David Drake read the Ordinance by title.
Geraldine McIntyre stated when she was president of the Council she had met with Jim Davis and the George's on the property for the fire station. At that time she gave them her word it would be annexed as C-3. She would like to change
Planning and Zoning's recommendation of R-1 to C-3. Jerry questioned, is that a motion. Geraldine replied yes. David Sorokoty seconded.
Sandra Hash as a member of the Plan Commission said she felt zoning the whole 121 acres, as C-3 would not be in compliance with the East Ellettsville Area Plan.
David Sorokoty responded he felt that was a matter of interpretation. He had seen plans from Bill Land showing the center of a development like this would have a park with stores around it. The second ring would be the fire station, church etcetera with the third ring being housing. He feels the Georges could make it conform. It also has a set back off the road which would allow the required green space according to the plan.
Sandra said she would prefer it be rezoned as developed. With a blanket zoning of C-3 the Plan Commission is obligated to approve it if it meets the C-3 criteria.
David Sorokoty added “It is sometimes a fine line when we start to tell people what they can do with their property. It sounds as if you want us to police this property. Make sure they do what we want them to do. “
Sandra referenced the agreement with Bloomington concerning annexing on the east side of Ellettsville. One of the four points in the agreement was limiting commercial. The East Ellettsville Area Plan states the corridor should be for general business and the remaining underlying areas behind the corridor would be for single-family residents, two per acre. It is not that the area shouldn't be zoned commercial it would just be wiser to do it a little at a time.
David said we have seen the results of corridor development with empty buildings up and down 46 and what the county did beside Arby's. It doesn't conform to anything. He reinstated he has a problem telling people how they can use their land.
He thinks it can conform to the plan and Ellettsville needs the tax revenue.
Geraldine said when this is C-3 the plans for development will have to come before Planning and Zoning. Sandra replied if it meets the C-3 criteria then we are obligated to pass it.
Jerry Pittsford asked David Drake, Plan Commission President, what the Plan Commission recommended on this. He replied they recommend a R-1 zoning. The vote was unanimous. David said he has mixed feelings. He would prefer to deal with it as a PUD or a PCD but after talking with Kevin Farris past Plan Commission President, he said that was the agreement that was made at the time. He feels obligated to honor the agreement that was made.
Mike Cornman asked what effect this would have on the agreement with Bloomington having it C-3 versus R-1. Rick Coppock said he assigned the R-1 zoning. Looking at the option to purchase and the notes he had there was no mention of C-3. As undeveloped land we had previously brought everything in as R-1. Rick went on to say the Plane Commission only had the R-1 recommendation given to them. The C-3 issue did not come up until after the Plan Commission meeting.
Mary George addressed the Council as owner of the property stating if it is not going to go in as C-3 then she would like to table the annexation. They were promised a C-3 zoning and they assumed that is what it would be.
Karla Kennard-Frownfelter questioned the promising of things. When you are speaking for a large group how can you promise something if you don't know that the rest of your entity feel that same way. David Drake said that is a good question.
Jerry said the motion has been made and seconded to amend ordinance 01-17 to change the zoning from R-1 to C-3. The Council voted unanimously to change the zoning.
Jerry stated he feels having a church and a fire station in front of the development will limit the type of businesses there. Liquor license would not be allowed that close to a church.
Ordinance 01-20 amending section 244-10© of the Ellettsville Town Code
Geraldine read the ordinance by title. Jim Davis explained the ordinance would define a fireman who worked two 24 hours shifts in a seven-day period or less than 49 hours would still be considered part-time.
Ordinance 01-21 amending section 725-15 of the Ellettsville Town Code
Jerry said this ordinance is a result of landlord’s complains that the current deposit was insufficient to cover a tenant leaving without paying their final bill. It is an updating adjustment. It will be for renters only. It will raise the deposit from $30.00 to $70.00
Resolution 09-01 Transfer of Funds for Motor Vehicle Highway Department
Jerry announced the transfer was to move $74.11 from garage to other supplies. Motion was made by David Drake to approve Resolution 09-01 and seconded by Geraldine. Motion carried.
Resolution 10-01 concerning the appointment of two appraisers to appraise certain real estate, which the Town is interested in purchasing
Jerry said the Government Center Committee suggested purchasing property adjacent to our current property for the construction of a government center. We have met with the Downtown Committee and the Fall Festival group and we are all in agreement this would be a good location. This is the first step in purchasing the property. Mike Cornman moved to approve Resolution 10-01. Geraldine McIntyre seconded. Motion carried.
Ordinances on Second Reading
Ordinance 01-18 to amend 725-30 of the Ellettsville Town Code concerning sewer rates
Mike Cornman read the Ordinance by title. Rick Coppock explained this puts in ordinance form the formula we have always calculated sewer hook-on fees with in the past. They have always been based on one residential hook-on at $1,000. A residential hook-on by IDEM guidelines produces 310 gallons per day of flow, which would go to the sewer plant. For a new facility you would take the estimated flow and divide it by 310. This would give you the equivalent dwelling units which would be compared to how many houses that would equal to hook-on. You then multiply that number by $1000 for the hook on fee.
Geraldine moved and David Sorokoty seconded to approve Ordinance 01-18. Motion carried.
R-1 zoning recommendation for the CFC 7 acres east of Deer Park Drive
Rick Coppock explained this issue came up when we were looking at the zoning for the 2-acre parcel of land west of Deer Park Drive. This is east of that. It is undeveloped and surrounded on 2 sides by residential development of Springs Valley. The third is vacant land and the forth side is on the highway. This is just to clarify the zoning of that properly. We are also rewriting the legal description for this property. CFC has no problem with it being zoned R-1. We will present the Ordinance at a later date. The property owners were all notified by certified mail. It went through the Plan Commission with a R-1 recommendation. This is the public hearing for the R-1 zoning. No one from the audience spoke for or against the zoning.
Sewer Capacity letters for Eastern Richland and Northern Richland Sewer Corporations
Rick Coppock said Northern Richland as a separate entity provides sewer to the north of Town and Eastern Richland provides sewer to the east of Town. There is some new proposed development for Lost Mans Lane and Maple Grove Road. It involves 67 new connections. When there is an application for a sewer extension they must obtain a construction permit from IDEM. Part of that submittal is a letter that certifies to the capacity of the sewer system is designed accordingly and won't cause any overflows or bypassing in the collection system. Each entity must certify that they have the capacity in the system to take the flows from the developments. IDEM for the first time has requested certification from the Town in addition to Eastern and Northern Richland's certification that the sewer plant has the capacity to handle this flow from the new developments without causing any bypasses.
In the past Northern Richland had bypasses at the Maple Grove lift station. That was eliminated when we put in the new sewage treatment plant and the 30-inch interceptor line to the plant. To our knowledge there has been no overflows or bypasses in the last 5 or 6 years. Therefore we would recommend the Town give approval to sign the letter for Northern Richland concerning the Woodland Park subdivision.
Eastern, we know, during rainy periods has overflows and bypasses; therefore we are reluctant to sign the letter. We called IDEM and talked to Ken Lee, Head of the Construction Section, he said if you know they have had overflows in the past don't sign the letter. We also talked to Ron Pearson, Regional Inspector for IDEM in this area, he said that he had witnessed overflows in their system in the past and he recommended that we not sign the letter. This will put a stop to Eastern development. They will have to deal with IDEM in how to proceed from here. We would recommend the Town talk to Eastern and have Eastern discuss with IDEM what the next step would be. We do not feel it is the Town's responsibly to speak for another entity.
Jerry Pittsford’s information is that we have been asked to sign this letter certifying not only the plants capacity but also the ability of the existing lines to carry this without increasing sanitary sewer overflows. The sewer plant operator confirmed there were overflows with the last significant rain in the system that Eastern has. Jerry talked with Mike Spencer who advised not signing the letter if there are documented overflows in their lines. There is a $10,000 fine and possible time in jail, if you have any question then do not sign it. Jerry went on to say we do not want to hold up development but we have a responsibility to not sign a false statement. To our understanding hooking on more residences will create additional overflow problems. Jerry also doesn't understand why IDEM want us to certify other company’s lines. We are not in the business of certifying other peoples lines.
David Sorokoty agreed we should not be requested to certify other corporations lines.
Ted Ferguson spoke on behalf of Eastern Richland Sewer Corporation by request of Curt Hayes. He said Eastern was committed to enabling development and protecting the environment on the east side of Town. Indiana Code requires a certification that the system has the ability to carry the wastewater. Curt has ask me to convey to you that Eastern has corrected all the deficiencies that they are aware of in its system. The Town has assisted in many of the repairs of some of those deficiencies. In regard to the current situation Eastern has offered to post a bond that would protect the Town from financial responsibility for any fine that might be levied pursuant to the Indiana Law in regard to this administrative section. Mr. Hayes assured me that he has received no notice of overflows or bypasses in those lines. If he is made aware of any they will be corrected post haste. That is to say he has not received notice of anything he is not in the process of correcting right now. They have eliminated a troublesome lift station. it is now served by gravity line. They are in the process of replacing two other lift stations in Shadow Woods at the expense of over $125,000 for the three lift stations. They are committed to correcting any problem and will commit to the Town
Council to resolve those within 30 days after they are made aware of them. Much of the Eastern main line was replaced with the Highway 46 project. They plan to televise the remainder of their system in connection with the Highway 46 project.
The inability to provide these certifications will slow growth. They look forward to working with the Town to resolve these issues. Eastern is not aware of any problems in their system. The problems need to be communicated between the Town and Eastern.
Jerry asked who is responsible to inform Northern and Eastern of overflows in their systems? Jeff Farmer answered IDEM requires that each sewer system inform IDEM of any sewer overflows. In the past we have taken Eastern Richland bypass information to them so they could fill them out themselves so they could avoid getting into trouble. We do all of Ellettsville's bypass reports and send them in. Currently the whole community needs to reduce their INI. The last rain incident the plant went from 1 million gallons per day to full capacity of 10 million gallons per day to the point that we got a high level alarm at the plant. We did not have an overflow. We have had mechanical failures that created overflows. All systems have overflows and we all need to work to improve the problems. The Town had only one non-mechanical overflow in the last four years.
Mike Farmer stated the fact that Eastern Richland is not aware that there are overflows in their system is the cause for greatest concern for not signing this letter.
Jeff Farmer said during high rainfall they go all over Town popping manholes looking for problems. Eastern should televise their line during high water times.
Mike Cornman said prior to Ellettsville contracting Bynum and Fanyo Utilities we were under mandates by IDEM. One of the things stressed to us was that the Town of Ellettsville was responsible for the lines of Eastern and Northern Richland. It was verbal and not in print, now they are asking for it in print.
Mike Cornman made a motion to authorize the signature for the sewer capacity for Northern Richland Sewer Corporation. David Drake seconded. Motion carried with David Sorokoty voting no.
David Drake asked if the question on Eastern Richland should be tabled. Ted Ferguson answered yes.
Mike Cornman moved to deny the signature on the capacity request for Eastern Richland. David Sorokoty seconded. Motion carried.
Final Plat Union Valley Farms
Rick Coppock said the Plan Commission has approved this. It is for 14 lots. Eastern Richland Sewer Corporation services them. Their IDEM permit was approved in September of 1999. They have installed their entire infrastructure except for the sidewalks and the final layer of asphalt. They have posted a bond to finish the improvements. This is for the first phase.
David Drake made the motion to approve the final plat for Union Valley Farms Phase One. Mike Cornman seconded. Motion carried.
Request authorization to sign IDEM permits-Jeff Farmer
The State now requires that the Town or owner of the waste water treatment plant give Jeff Farmer, the Operator, or the Council President the authority in writing to sign the discharge monthly report for the Town. Jeff has been signing the reports since Bynum and Fanyo Utilities starting managing the plant.
Geraldine McIntyre moved to give Jeff Farmer the authority to sign all the IDEM permits. David Drake seconded. Motion carried.
Action to Pay Accounts Payable Vouchers
Mike Cornman motioned to pay accounts payable vouchers and Geraldine McIntyre seconded motion. Motion carried 5-0.
PRIVILEGE OF THE FLOOR
Greg Hudson spoke of concerns he has with people serving the Town and Monroe County. He also spoke of concerns with PCB and sludge contamination in the water and soil. He requested this topic be placed on the next agenda and he will return with addition information.
Darlyne Sowder shared her desire to have parking on at least one side of Temperance Street when it becomes one way east bound. She sited several reasons for a parking area such as delivery trucks and emergency vehicles. She also requested the Town support parking on one side of the street.
The Town recently requested INDOT to remove a third lane from the Hwy 46 plans and add tree plots on both sides of the road to protect pedestrians and retain the small Town appearance.
There was further discussion on the original plans for the highway, parking, and two lanes versus three.
Jerry Pittsford added it was a unanimous decision to support tree-lined streets rather than add more asphalt. Public opinions on the changes were heard at an INDOT meeting in July at The Early Childhood Center.
Ed Bitner agreed with Darlyne considering tree plots. The trees in the plots destroy the sidewalks. He asked if there was a waiting list for special meters. Jerry replied the special meters were being phased out. Jeff Farmer added there was an option to purchase a water only usage meter installed permanently in the ground. This would not go into the house; it would be for outdoor use only.
Ed also inquired about lawsuit notifications. Jerry answered in order to file a suit against a municipality you must file a tort claim to notify the entity.
Bob Sowder had a few questions on the proposed administrative assistant position discussed during the budget workshops. He asked if it would be to assist the Council. Jerry answered yes and added they will also be the Town’s ombudsman. The Council will be writing a job description, advertise, and take applications before the position is filled. It will be a part-time position at $27,000 annually. At this time it would be 3 days per week with the additional time being flexible. By keeping this position part-time it allows savings on benefits. The position will require an associate’s degree.
Geraldine McIntyre moved to adjourn; Mike Cornman seconded the motion. Motion carried. The meeting adjourned at 9:25 PM.
Jerry Pittsford, President David Sorokoty, Vice President
Mike Cornman David Drake
Geraldine McIntyre Sandra C. Hash