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					                                               CULVER TOWN COUNCIL MINUTES
                                                    REGULAR MEETING
                                                      September 22, 2009
                                                       Culver Town Hall
                                                           6:30 PM

Town Council President Sally Ricciardi called the meeting to order at 6:35pm.

Clerk-Treasurer Casey Howard called roll with the following councilors present: Sally Ricciardi, Lynn
Overmyer, Ed Pinder, Ralph Winters and Ginny Munroe. Town Attorney Jim Clevenger and Town Manager
Michael Doss were also present.

The council recited the pledge of allegiance.

Approval of Minutes of Previous Meeting: Mr. Winters made a motion to accept the minutes of the August
8 executive session and the September 8 regular meeting as presented. Mr. Pinder seconded the motion. The
motion passed with 5 ayes.

Citizen Input: Citizen Gary Shaffer, 19th Rd, Culver, stated a concern of the property located at the corner of
S Main and W Shore Dr and Tamarack in the process of being demolished and has been in that state for well
over a month. Is there a time frame for this project? It’s a real eye soar. Mrs. Overmyer stated she brought
this up at our last meeting and Mr. Mason stated they do have a demolition permit and they have 6 months to
remove.

Citizen Melvin Walters apologized to the Council for his behavior at our last meeting. Mr. Walters also stated
he would like to shoot his bow in town. Ms. Ricciardi stated there is no hunting in town; therefore he could
not shoot his bow in town. Mr. Walters stated David Cooper practices his bow in town. Ms. Ricciardi stated
it would be best to not practice in town for safety concerns.

Garden Court, Ron Liechty: Ron Liechty, President of the Board of Garden Court gave an update on the
Culver project. NOFA, Notice of Funding Available, came out and they will apply for the Garden Court in
Culver by November 13. The value of the facility is $1,504,200; therefore the capital donation by the Town
does not have to be $10,000 like planned; now the number is $7521. A letter was given to the Board by the
Town in June stating the support, now they ask that a letter be given with firm statements regarding the utility
extensions will be in place when needed. Application will go in by November 13, expect to hear from them
by early spring. If that application is excepted it takes roughly 6 months to complete all detailed work and this
time next year they should be able to start building with 10 months of construction and the summer of 2011
should open and begin moving residents. If funding does not happen this round all items would be moved
forwarded one year. There are 8 Garden Court units in Marshall County, one in Mentone and one in Knox
hosting 306 apartments with 166 on the waiting list.

Public Hearing in Regards to Ordinance 2009-008, “An Ordinance Establishing a Storm Water Utility
and User Fees to be Collected by the Town of Culver, Indiana, from User and Owners of Property
Served by the Storm Water Utility System of said Town and Other Matters Connected Therewith”:
Mrs. Overmyer made a motion to open the public hearing at 6:50pm. Mr. Pinder seconded the motion. The
motion passed with 5 ayes.
Mr. Doss stated this is the Town’s consideration of a proposed storm water fee to be used in cases of storm
water collection and management within the Town. For residential real estate, the monthly storm water utility
fee shall be a flat residential customer charge of $2.00. For non-residential/commercial real estate, the
monthly storm water utility fee shall be a flat non-residential/commercial customer charge of $4.00. This will
be charged to every land owner. Mr. Winters stated this is long overdue and the Town has a lot of storm water
Regular Council Meeting 9/22/09, Page 1 of 5
issues, currently we put a small amount of $7000 in the MVH budget and this ordinance will not bring in a
huge amount of money but we anticipate approximately $20,000 a year. This will be a designated fund.
Mrs. Munroe made a motion to close the public meeting at 6:55pm. Mrs. Overmyer seconded the motion.
The motion passed with 5 ayes.

2nd and 3rd Reading of Ordinance 2009-008: Mrs. Munroe made a motion to approve Ordinance 2009-008
on 2nd and 3rd reading. Mr. Pinder seconded the motion. Mr. Winters suggested they only do on 2nd reading
due to some details in the billing and allow for further discussion. Mrs. Munroe amended her motion to pass
Ordinance 2009-008 on 2nd reading. Mr. Pinder seconded the motion. The motion passed with 5 ayes.

EMS Proposed Change to PRN Job Description: Mrs. Howard stated Mrs. Sytsma presented at our last
meeting a proposed change with the job description. The changes include adding verbiage “reporting any
problems that arise to the director as soon as possible.”, “must wear CUTEMS uniform”, placement of badges,
hours per shift and failure to work 2 shifts per month within a 60 day period will result in disciplinary action.
They removed the verb age “reschedule personnel in the event of an emergency.” Mr. Winters made a motion
to approve the proposed change to the part-time EMS job description. Mr. Pinder seconded the motion. The
motion passed with 5 ayes.

Public Hearing in Regards to Grant application from the Office Community and Rural Affair’s
Community Focus Fund of the State Community Development Block Grant (CDBG) program. These
funds are to be used for a community development project that will include storm water
improvements”: Mrs. Overmyer made a motion to open the public hearing at 6:58pm. Mr. Pinder seconded
the motion. The motion passed with 5 ayes.
Grant Administrator Chris Larson stated the Council asked him to investigate, coming off of the Planning
Grant, other funding to complete this storm water West Culver project. Our application with Disaster
Recovery (DR2) was denied. There is a second round of community focus fund funding but as of yesterday
there is going to be another round of Disaster Recovery. We’re looking at $25 million to be allocated just for
storm water just for Indiana. Mr. Larson suggested the Council apply for the new Disaster Recovery grant and
if that is not received then the Council can apply with the Office of Community and Rural Affair’s. This will
delay the project but may save the Town money. The OCRA grant requires a match, the Disaster Recovery
requires no match.
Mrs. Munroe made a motion to close the public hearing at 7:08pm. Mr. Pinder seconded the motion. The
motion passed with 5 ayes.
Mrs. Munroe made a motion to put a hold on the OCRA grant and to focus on the new Disaster Recovery
grant. Mrs. Overmyer seconded the motion. The motion passed with 5 ayes.

2010 Budget Public Hearing: Mr. Winters made a motion to open the public hearing at 7:09pm. Mr. Pinder
seconded the motion. The motion passed with 5 ayes.
Mrs. Howard stated the proposed 2010 budget is $1,806,058 which is an increase of $11,786 from 2009. The
proposed departments:
Clerk $290,500 (decrease of $6200)
EMS $307,540 (increase of $24,200)
Police $362,450 (decrease of $1900)
Fire $176,450 (same)
LR&S $10.000 (same)
MVH $353,700 (increase of $13,300)
Park $260,418 (increase of $14,096)
CCD $45,000 (increase of $14,000)
Citizen Patty Stallings stated she recalls Mr. Winters bringing up to the Council a suggestion to donate some
money for the Boys and Girls Club of Culver. Mrs. Howard stated discussion did take place but at this time
that was not budgeted but there other funds the Council could use for a donation if they wish.
Regular Council Meeting 9/22/09, Page 2 of 5
Mrs. Overmyer made a motion to close the public hearing at 7:12pm. Mr. Pinder seconded the motion. The
motion passed with 5 ayes.

Department Heads: None at this time.

Clerk’s Report: None at this time.

Town Manager’s Report: Mr. Doss stated the sidewalk repair work will begin in the next couple of weeks.

Mr. Doss asked for approval to advertise and hire two seasonal leaf employees. Mr. Winters made a motion to
allow the hires as well as allowing overtime with the discretion of Mr. Doss. Mr. Pinder seconded the motion.
The motion passed with 5 ayes.

Brush and limbs are being picked up every third week of the month.

Mr. Doss asked for approval for asphalt patching on S Main St due to a water leak to E&B Paving in the
amount of $1800. Mr. Pinder made a motion to approve expenditure. Mrs. Overmyer seconded the motion.
The motion passed with 5 ayes.

Mr. Doss shared the proposal to authorize Commonwealth Engineers to provide services to re-rate the waste
water plant with IDEA, hourly cost not to exceed $7000. Mrs. Munroe made a motion to approve this
expenditure. Mr. Winters seconded the motion. The motion passed with 5 ayes.

Mr. Doss presented the letter stating the town will provide water and sewer utilities to the proposed Garden
Court Site. Mrs. Overmyer made a motion to approve the letter and allow Ms. Ricciardi to sign. Mr. Pinder
seconded the motion. The motion passed with 5 ayes.

Mr. Doss shared a letter from our Forester regarding tree planting. Quotes have been given to the Tree
Commission for 61 trees. Bluegrass Farms for $4851.50 but does not have all the tree requested, Kankakee
Nursery for $4719, LaPorte Nursery no response due to the lack of species available and Shade Trees
Unlimited no response. Mrs. Overmyer made a motion to approve the quote by Kankakee Nursery. Mrs.
Munroe seconded the motion. The motion passed with 5 ayes.

Mr. Doss has received two appraisals regarding the east end Jefferson St property; Steve Harper appraisal at
$7000 and Larry Davis appraisal at $7500. The Council request the disposal statute be reviewed for disposal
of this property.

Mr. Doss gave an annexation update; the survey has been finished and Umbaugh is working on the fiscal plan.

Mr. Doss will be attending the IACT Conference in French Lick October 5-7.

Mr. Doss stated late this afternoon an email of a revised counter MOU proposal from the SWCD. Section 4,
sub-section H has been revised. Mr. Clevenger reviewed the MOU and asked for a little more time for the
Council to digest. Mr. Ted Schenberg stated the southwest portion of the lake has no sewer with lots of faulty
septic systems. SWCD are prepared to write the Town a check for $725,000 set forth in the MOU. The
SWCD has two choices; build own treatment plant for $600,000 or take the sewage to the Town of Culver.
The SWCD does not want to be in the waste water business and would rather pay the Town. The district
currently has their funding in place, over $2 million. There were two points that were show stoppers in the
MOU for the district, one being 55,000 gallons per day and the MOU now states 36,000 gallons per day and
two being the district is buying capacity in the plant for their portion and should not be charged for any future
capacity. A work session will take place on 9/29/09 at 6pm to discuss in more detail.
Regular Council Meeting 9/22/09, Page 3 of 5
Mr. Mason reported back to the Council with the homework he was given regarding the County GIS to map
our water and waste water system. Mr. Mason met with County GIS Department and they are willing to work
with us. The County would like to work with us on this project. An annual maintenance charge would be
needed and one layer to add to the system would be $2500. Mr. Overmyer made a motion to allow Mr. Doss
to move forward with the County. Mrs. Munroe seconded the motion. The motion passed with 5 ayes.

Attorney’s Report: In regards to the RJ Ratcliff zoning matter Mr. Clevenger stated the revised stipulation has
been provided to him by Attorney Easterday. Mr. Easterday obtained an extension to file his Brief. Petitioner’s
Brief is due October 1, 2009.

Mr. Clevenger has received the Shafer Deed to the Town and the signed Disclosure Form. He also received a
check for the recording fees. The Town needs to sign a Deed to the other landowners and a Disclosure Form.
Mr. Clevenger will record both Deeds and advance the recording fees for the Town. Mrs. Overmyer made a
motion to allow the Town to sign the Deed and Disclosure Form and allow Mr. Clevenger to record. Mrs.
Munroe seconded the motion. The motion passed with 5 ayes.

The attorney for a former employee has requested an Executive Session with the Town for the purpose of
discussing pending litigation. Possible dates include: October 6, 12, 20, or prior to the October 27th Board
meeting. The Council would like to advertise for this executive prior to the 27th meeting.

Council Issues, Actions and Items: Mrs. Munroe stated she and Mr. Doss met with Ruth Birk and Kib
Brady regarding their property on Hoosier Lane. They would like Council to consider replacing a slab on
their drive-way as well as a setback area from the paved road with gravel removal due to the previous road and
the crack in the drive-way resulted when the Town did the sewer project.

Mrs. Overmyer stated to Mr. Mason that Gary Shaffer was present in regards to the old Do J’s property. Mr.
Mason stated they were issued a demolition permit. Our current ordinance doesn’t distinguish between
demolition and building a new home so like any other building permit they have 6 months to start the project
and 2 years to complete the project.
Mrs. Overmyer announced the upcoming presentation at the Library regarding Gangs, Drugs and Tattoos on
10/7/09 at 6:30pm.

Mr. Winters stated he has been approached by a couple of citizens expressing concern over the minor
vandalism and vehicle break-ins. Chief Bean is working on this. Mr. Mason commented that this type of
information needs to be in the paper and people need to be made aware of these types of things.

Mr. Pinder asked how our annexation on Long Point is coming. Mr. Clevenger stated this is done and has
been recorded.

Ms. Ricciardi stated CMA student Erin Cook has requested to hang a sign for Relay for Life across from the
theatre. Mr. Winters made a motion to cooperate with the project. Mrs. Overmyer seconded the motion. The
motion passed with 5 ayes.

Mr. Pinder made a motion to adjourn the meeting. Mrs. Overmyer seconded the motion. The motion passed
with 5 ayes. The meeting adjourned at 8:20pm.




Regular Council Meeting 9/22/09, Page 4 of 5
                                                   CULVER TOWN COUNCIL



COUNCIL MEMBER                                 COUNCIL MEMBER   COUNCIL MEMBER



COUNCIL MEMBER                                 COUNCIL MEMBER

ATTEST:


CLERK-TREASURER


Official signed minutes and recorded meeting may be requested at the Clerk’s Office.




Regular Council Meeting 9/22/09, Page 5 of 5

				
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