Minutes of the June 20, 2017 Meeting6/20/2017
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TOWN OF WOLCOTT COUNCIL MEETING

 

The Council of the Town of Wolcott met Tuesday, June 20, 2017 at 6:00 p.m. in the Community Room of the Wolcott Town Hall for its regular stated meeting. 

 

Council Members Present

Council President, Michael A. Yelton, Vice President, Fred A. Young and Members,

Michael J. Johnson and Stephen Schemerhorn

 

Others Present

Clerk-Treasurer, Tammy L. Seward; Water/Street Superintendent, Robert Thomas; Town Marshal, James M. Herre; and Wolcott Volunteer Fire Dept. Chief, Kenneth Burns (entered later). Also present were White County Building & Planning Executive Director, Colin Betts; Vince Sommers of Commonwealth Engineering, Inc.; Residents, Frank Zussman and Janel Hofstetter; and Barbara Lawson of The New Wolcott Enterprise.

 

Absent

Council Member, Tina M. Orns

 

Council President, Michael A. Yelton opened the meeting by asking all present to join in saying the Pledge of Allegiance.

 

Council President, Michael A. Yelton asked if there were any questions or comments from the audience.  None were forthcoming.

 

White County Building & Planning Executive Director, Colin Betts  presented Council, for consideration and approval, Petition 1065 and supporting documents amending Resolution PC2017-11 a Resolution of the Wolcott Town Council, Wolcott, Indiana, being located within White County and being a Participating Body of the White County Area Plan Community, Requesting the Executive Director of the Area Plan Department Initiate the Process to Rezone Specific Properties within the Wolcott Town Limits.    The amendment to said Resolution PC2017-11, excludes the 107 N 2nd Street Parcel, as listed on Appendix A.  Following some discussion, it was determined that the only benefit in rezoning the 107 N 2nd Street Parcel from a B-1 to a B-4, General Business Dense Development District, is that a B-4 Rezone would eliminate setbacks.  Mr. Betts stated that the 107 N 2nd Street property owners attended the June 12, 2017 Area Plan Commission meeting and requested the Parcel be excluded from consideration.   Mr. Betts added that as a governing body, Council can elect to deny the property owners' request and include the Parcel in the B-4, General Business Dense Development District rezone.  Council Member, Stephen Schemerhorn inquired as to whether or not the property can be rezoned in the future.  Mr. Betts stated that the owner of the Parcel can request the Area Plan Commission's consideration to rezone the Parcel at any time.  Council President, Michael A. Yelton, asked for a motion to accept or deny Petition 1065.  Council Vice President, Fred A. Young moved to accept Petition 1065, to exclude the 107 N 2nd Street Parcel from the B-4, General Business Dense Development District Rezone as recommended by the Area Plan Commission.  Council Member, Michael J. Johnson seconded the motion; and the motion passed 3-0.  Council President, Michael A. Yelton then read and executed Wolcott Ordinance No. 2017-15, An Ordinance Amending the Unified Zoning Ordinance of White County, Indiana, and Accompanying Zoning Maps Thereto. 

 

White County Building & Planning Executive Director, Colin Betts exited the meeting at this time.

 

Vince Sommers of Commonwealth Engineers, Inc. assured Council that he is making a concerted effort in pushing the Water System Improvements Project.  Mr. Sommers stated that the Water Depreciation Fund will work against the Town receiving the maximum amount of grant funding unless there is documentation that the monies in the Water Depreciation Fund are allocated for unforeseen expenses prior to completion of and/or not included in the Water System Improvements Project.  Mr. Sommers summarized the grant funding process stating that comparing what surrounding communities charge residential customers for water, to what the Town will have to charge based on the cost of the Project, will determine the amount of grant funding needed to keep rates competitive with the area. Mr. Sommers added that he feels the reason Rural Development is requesting information above what is normally requested with other Projects he has been a part of, is because Dave Hacker, of Rural Development is trying to acquire the maximum amount of grant monies for the Town.  In closing, Mr. Sommers stated that he has communicated with White County Economic Development the possibility of granting the Town a 0% loan in order to move forward with the design phase of the Water System Improvements Project as funds are not accessible until you bid the Project; and you are not able to bid the Project until the design is complete.  Council President, Michael Yelton thanked Mr. Sommers for his dedication to the Project.

 

Vince Sommers of Commonwealth Engineers, Inc. exited the meeting at this time.

 

Minutes/Memoranda

Council President, Michael A. Yelton asked for a motion to approve the minutes and/or memoranda for the following meetings:

       Tuesday, June 6, 2017 Council Meeting 

Council Vice President, Fred A. Young, moved to approve the aforementioned minutes and/or memoranda.  Council Member, Michael J. Johnson seconded the motion; and the motion

passed 3-0.

 

Departmental Reports

Water/Street Superintendent, Robert Thomas, stated that resident, Frank Zussman, reported a sinkhole in his driveway and inquired as to whether the drainage tile was installed by the Town or a previous property owner.  Mr. Thomas was not able to determine if the tile belongs to the Town or the property owner and requested Council's direction as to who is responsible for repair of the tile.  Mr. Thomas added that the tile is approximately 3 feet over from the catch basin; however it could be tied into one of the Town's main tiles.  Resident, Frank Zussman inquired as to the possibility of the curb being moved in 1975 when the sidewalk was installed, thereby blocking the tile.  Following a lengthy discussion relative to investigating and resolving this issue for Mr. Zussman, Council President, Michael Yelton reminded Council Members that if the Town investigates and resolves an issue for one resident, the Town will have to investigate and resolve issues other residents present.  Hence, Council asked Mr. Zussman to touch base with the neighbor as to whether or not they have a sump pump; and if they do, the possibility of the sump pump draining into that tile.  Another option Council presented to Mr. Zussman was to contact Stoker, Kerry or Kevin Emond to see if they have any knowledge of the tile.  Council President, Michael Yelton requested Mr. Zussman ascertain a couple quotes and depending on the cost, the Town might afford half of the cost to repair the tile.  In conclusion of the discussion, Water/Street Superintendent, Robert Thomas stated that he would investigate whether or not Mr. Zussman's neighbor has a sump pump and if they do, if the sump pump drains into the tile in Mr. Zussman's driveway.

 

Water/Street Superintendent, Robert Thomas opened discussion relative to presenting Council with the only quote he received to remove the housing over the clear water well and build a 30' x 40'
 x 14' Accessory Structure with one (1) Walk Door and framing for two (2) -12' x 12' overhead doors skinned.  Mr. Thomas informed Council that the bid correspondent from FBi Buildings, Inc. never contacted him relative to providing an estimate; and that despite pursuing quotes from three (3) contractors, he only received a quote from Schuh Construction.  Council requested Mr. Thomas present the quote to all Council Members, except Michael A. Yelton as he may want to present a bid on behalf of MyBuilder, LLC.  Council President, Michael A. Yelton stated that he was in favor of accepting the Schuh Construction bid if it was under $30,000.  Following some discussion, Council Member, Michael J. Johnson moved to accept the Schuh Construction quote in the amount of $21,275.96, to remove the housing over the clear water well and build a 30' x 40' x 14' Accessory Structure with one (1) Walk Door and framing for two (2) -12' x 12' overhead doors skinned.  Council Member, Stephen Schemerhorn seconded the motion; and the motion passed 3-0.  Council Members were in agreement that the Accessory Structure should resemble the Fire Department, due to its location.

 

Water/Street Superintendent, Robert Thomas opened discussion relative to the collection of sticks, tree limbs, branches and brush; with the exception of storm debris.  Marshal Herre suggested researching the Leaf Vacuum and Chipper Grant Agreement to ascertain the stipulations set forth in said Agreement.  Council President, Michael A. Yelton stated that in conversing with a former Council Member, the Town was awarded the Leaf Vacuum and Chipper Grant solely based on a Tree Ordinance being established that included no burning and specified the types of debris the Town would collect.  The Clerk-Treasurer informed Council that despite spending the most part of two (2) days trying to locate said Ordinance, it was to no avail.  Following a lengthy discussion, Council Members were in agreement to establish an Ordinance pertaining to the collection of storm debris only; and until said Ordinance is established the following policy will be adhered to:  As a courtesy, the Wolcott Street Department will only collect sticks, limbs and large branches due to storm damage.  The Wolcott Street Department will not be responsible for pickup of any remains of a tree trimming, tree or trees that have been cut down or removed by a resident or a tree removal company/contractor.  It will be the responsibility of the homeowner to have these items removed and disposed of properly.  Some discussion relative to the time-frame of leaf collection ensued.   

Water/Street Superintendent, Robert Thomas inquired as to the status of the pile of shingles in the alley between Second and Third Streets.  The Clerk-Treasurer stated that an Ordinance Violation letter was sent to the resident and property owner.

 

Water/Street Superintendent, Robert Thomas reported that the outside well was cleaned and the high service pump had to be replaced.  Mr. Thomas added that he elected to forgo the pre-clean and post-clean color-video inspection of the well.  Mr. Thomas estimates the cost to clean the well and replace the high service pump to be around $20,000. Mr. Thomas informed Council that after cleaning the outside well and replacing the pump, the output went from 40 gallons per minute to 214 gallons per minute. 

 

Wolcott Town Marshal, James M. Herre opened discussion relative to the Wolcott July 4th Summer Festival by stating that cooperation between all entities involved is dire.  Marshal Herre stated that the Town, as lessee of the Park, needs to regulate activities that take place on Park grounds.  Following are some concerns, viewpoints and suggestions that were expressed during the extensive discussion that followed:

       Council President, Michael A. Yelton stated that it is only a matter of time before coincidence results in an issue, as times and people are not what they were 40 years ago.  Mr. Yelton added that the Park Board, Anson Wolcott Historical Society, and Police Department, just to name a few, are tired of the Wolcott July 4th Summer Festival or at least in the manner in which it is organized.

       Marshal Herre stated that organizers of the Wolcott Summer Festival need to take into consideration that the Wolcott Street Department. Law Enforcement, Emergency Personnel and others, have a responsibility to the residents of the Town; and adding the Wolcott July 4th Festival to the mix; stretches them. Marshal Herre added that another consideration is whether or not the Wolcott July 4th Summer Festival is a benefit to the community in the manner in which it has been in the past.        

       Resident, Janel Hofstetter expressed her feelings relative to the negative connotation of the discussion.  Janel stated that, in her opinion, the one positive thing about the Town of Wolcott is the Wolcott July 4th Summer Festival. 

       Council Member, Michael J. Johnson communicated the need for Council Members to become more active with respect to the Wolcott July 4th Summer Festival and encourage community involvement.

       Council Member, Stephen Schemerhorn suggested mandating all Wolcott July 4th Summer Festival activities be approved by Wolcott Town Council.  

In closing, Council President, Michael A. Yelton expressed his concern relative to the lack of Law Enforcement, Security and Emergency Personnel relative to the Wolcott July 4th Summer Festival.  

 

Wolcott Town Marshal, James M. Herre reiterated that the same laws apply to golf carts that apply to vehicles, and operators of a golf cart can/will be arrested for the following violations:

       Open Container

       Consuming While Driving

       DUI

       Rolling through Stop Signs

       Underage Driving, etc.

 

Wolcott Volunteer Fire Dept. Chief, Kenneth Burns ? nothing forthcoming.

 

Council Member, Stephen Schemerhorn inquired as to the status of the vandalism to the slate shingles on the South side of the Depot.  Mr. Burns reported that he cleaned the area after the last Council meeting and to-date the area is in the condition in which he left it.  Mr. Schemerhorn stated that he had a lengthy discussion with the children involved and informed them of the consequences of vandalism.

 

Council President, Michael A. Yelton opened discussion relative to the new Park Accessory Structure of which the Town financed the $5,000 deposit.  Mr. Yelton stated that he has not been informed by the Park Board as to the start date, finish date, justification for the structure since Ball Diamond lights are nonexistent at this point in time, etc.  Council Member, Stephen Schemerhorn stated that it has been construed that the current Park Board does not want lights installed on the Ball Diamond.  Council President, Michael A. Yelton, stated that Council appoints the Park Board and inquired as to whether or not Council should revisit the Park Board; and/or exactly what the Town is leasing from the Township since the Township Trustee doesn?t seem to have an interest in what transpires relative to the Park.   

 

Clerk-Treasurer, Tammy L. Seward requested approval to write-off utility account #208801.02 in the amount of $12.46 as uncollectable.  Council Member, Stephen Schemerhorn moved to approve writing off utility account #208801.02 in the amount of $12.46 as uncollectable.  Council Vice President, Fred A. Young seconded the motion; and the motion passed 3-0. 

 

 

 

Clerk-Treasurer, Tammy L. Seward presented the following correspondence not requiring action:

       Remaining retainer amount of $2,500 was submitted to Town Attorney, Jacob A. Ahler per the Attorney Contract.  With Marshal Herre's approval, $1,233.75 of the $2,500 was expended from the Marshal's Budget to aid in covering the cost of Code Enforcer fees.

       Received payment from the Town of Reynolds for May's Wastewater Testing Fee in the amount of $500.

       Received a Lien Settlement check from the White County Auditor in the amount of $98.09.

       Received an INDOT refund in the amount of $10,364.39 relative to the close-out on the Wolcott Streetscape US 24 Grant.  As directed by State Board of Accounts the refund was pro-rated and deposited into the following funds accordingly:

o   General ? 30% -    $3,109.31

o   MVH ? 17% -                  $1,761.95

o   Rainy Day ? 25% -          $2,591.10

o   CCD ? 4% -                     $   414.58

o   CEDIT ? 24% -     $2,487.45

       Received a Bahler Hog & Grain, LLC Confined Feeding Operation facility change notice indicating the following:

o   The perimeter tile sampling and observation point was moved from the SE corner of the P1 wean to finish hog building to the NE corner.

 

Clerk-Treasurer, Tammy L. Seward informed Council that pursuant to PL 218-2017 (HEA 1002) all Motor Vehicle Highway Fund revenue received after July 1, 2017 is required to be utilized for construction, reconstruction and maintenance of roadways/streets.  Also, effective, July 1, 2017 the use of MVH funds for Law Enforcement purposes and painting of structures and objects will be rescinded. 

 

Clerk-Treasurer, Tammy L. Seward reported that the Wolcott Summer Festival Committee presented "Certificates of Liability Insurance" to the Town, as requested by Council during the June 6, 2017 Council Meeting. 

 

OLD BUSINESS

 

Clerk-Treasurer, Tammy L. Seward provided an agenda listing the status of the documents Rural Development requested pertaining to the Water System Improvements Project funding application:

       User Profile for Utilities Completed ? Sent to Rural Development

       Current Water Revenue Bond Sent to Rural Development

       Bonding Company Engagement Letter/Contract Sent to Rural Development

       Financial Consultant Engagement Letter/Contract Sent to Rural Development

       Contract with Town Attorney, Jacob A. Ahler ? Pending

       Capital Improvement Plan ? Pending

 

Council President, Michael A. Yelton stated the following relative to the IHCDA Housing Grant:

       There will be a Pre-Bid Conference on Friday, June 30, 2017 at 11:30 in the Community Room of the Wolcott Town Hall, 101 W. North Street, Wolcott, IN  47995.

       The Town of Wolcott will be accepting sealed bids for five (5) homes until 3:30 p.m. on Tuesday, July 18, 2017

       The sealed bids will be publicly opened and read aloud at 6:00 p.m. on Tuesday, July 18, 2017.

 

Council President, Michael A. Yelton rescheduled the Public Hearing date for Ordinance No. 2017-12, An Ordinance Amending the Billing Cycle, Flat Assessment Fee and Parcel Considerations of Ordinance No. 2013-03, An Ordinance Amending the Stormwater Assessment Fee in Accordance with Wolcott Town Ordinance No. 2010-02, An Ordinance to Establish the Fee to Provide Revenue to the Stormwater Fund for Tuesday, July 18, 2017.

 

Council President, Michael A. Yelton, was unable to provide an update on the status of replacing the two (2) dead trees along US 24.

 

NEW BUSINESS

 

Clerk-Treasurer, Tammy L. Seward informed Council and Water/Street Superintendent Robert Thomas, on behalf of a resident, that the sidewalk transition on the West side of the Library to and from US 24 is sinking.  Council President, Michael A. Yelton stated that he will investigate this issue.

 

Clerk-Treasurer, Tammy L. Seward requested an Executive Session be scheduled to research salaries and evaluate personnel for budget purposes.  Council Member, Michael J. Johnson requested employee job descriptions prior to the evaluations. Following some discussion, Council President, Michael A. Yelton stated that the Executive Session date will be determined during the July 18, 2017 Council Meeting.

 

Council President, Michael A. Yelton read Resolution No. 2017-14, A Resolution Adopting the White County Multi-Hazard Mitigation Plan.  Council Vice President, Fred A. Young moved to approve the White County Mitigation Plan; Council Member, Michael J. Johnson seconded the motion; and the motion passed 3-0.

 

There being no other business, the accounts payable register was approved and signed for the following amounts:

Accounts Payable

 

General Fund

$ 14,322.43

Motor Vehicle Highway Fund (MVH)

1,208.27

Park & Recreation

6,037.70

Cumulative Capital Improvements

191.16

CEDIT

2,500.00

Water Operating Fund

6,901.26

Water Utility Bond & Interest

22,970.00

Wastewater Operating Fund

19,006.40

Wastewater Bond & Interest

9,899.45

Ambulance

653.35

Payroll

6,822.28

Payroll Federal W/H

1,075.81

Payroll FICA/Medicare W/H

1,451.76

Payroll PERF W/H

387.63

Payroll PERF Corp Share

1,112.59

Payroll Health Savings Account

140.00

Payroll Medical

800.38

Payroll Liberty National

187.48

 

 

GRAND TOTAL

$95,667.95

 

 

Payroll Docket

$10,038.91

     Payroll Ending 06/12/2017

 

 

 

Utility Adjustments

 

 

Council Member, Michael J. Johnson moved to adjourn the meeting; the motion was seconded by Council Member, Stephen Schemerhorn; and the motion passed 3-0.

 

 

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