Call to order this the Monday, April 14th, 2025 meeting of the Ellsville Town Council. Prayer? Anyone? Go ahead. Who wants to do the prayer? Okay, I'll do the prayer. Bless us, our Father, and help us make not necessarily decisions that are right for us, but the right decisions in your name that will help our residents, that will help the community. Amen. Amen. Chief? I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Noelle, when you're ready, roll call, please. William Ellis? Here. Scott Oldham? Here. Trevor Sager? Here. Dan Swafford? Here. Approval of the minutes for the regular meeting, March 24th, 2025. So moved. Second. Motion, second. All those in favor say aye. Aye. Any opposed? Any abstaining? Actions to pay accounts, payable vouchers, and payroll. So moved. Second. All those in favor say aye. Aye. Any opposed? Any abstaining? There are four resolutions this evening. The first is Resolution 13-2025 to dispose of surplus property. Yes, that would be me. We got a 2014 International Sydney 400 tandem dump truck. We've got a new one that's coming to replace it, and we're really not using it too much at this time, and we don't want it to cost us any more money, so we want to get rid of it, so. And how are we doing that? It will be, as stated on the resolution, it'll be sold on gov deals. Okay. So I bid. Questions from council? Any actions from council? Make a motion to approve Resolution 13-2025 to dispose of surplus property. Second. Motion second. Noelle? William Ellis? Yes. Scott Oldham? Yes. Dan Swaffer? Yes. Trevor Sager? Yes. Motion carries. Thank you. Next resolution is Resolution 14-2025, additional appropriation for lit economic development. I think that would be for me. I talked to Noelle, I needed some money to pay for our portion of initiative coming out of the BEDC where we are looking to establish an economic development district in Brown County and Owen County. IU is helping support this effort as well. And I needed $5,000 of lit ED for this. It seems like a good fit for lit ED, which is economic development. When I was talking to Noelle, she suggested, because she knows there's some other things that need to be taken care of, downtown Ellesville. We're doing some safety upgrades for the parks, park areas at Campbell Park and where the shelter house is. And so we're doing some safety upgrades and she knows I'm going to need some money for that. We need some accessories. The Heritage Center, which for me is called the barn. And we're looking at a couple of projects to build more parking downtown along Vine Street, two different projects. And so anyway, she asked that we appropriate $30,000 so she doesn't have to keep coming back for special appropriations. How do you take that? Yes, sir. And the cash balance currently extra that doesn't include any salaries or anything in there is $76,000. Before or after the $30,000? After the $30,000. Okay. Other questions from Council? Where in Vine are you thinking of the parking? Well, I really haven't talked about one of the projects. We own property at a corner, if you will, from the back of the post office along that alley. There's a grassy area. It's right up against the first house on the right one, east on Vine Street. We have a new store moving in downtown, and with the current activity with the Caffeinated Cook and some of the other businesses that are located down there in the library, I'm thinking we might want to move on making more parking downtown. I haven't even talked to Kip about it, but it's been talked about before, and I think that's why we own that property. So anyway, that's one of them. And then the other project that we have talked about, we actually talked about it during the envision process, and now with the new initiative to have a summer concert series in the downtown area in the parks that we've been talking about, we're talking about a streetscape and parking along Vine Street, basically from where the village end or starting about where the highway is down to 2nd Street. And so, and it would be along the creek side or the north side of Vine Street. And so I think we can pick up about 50 to 80 parking spaces. I can't remember, but with all the things that we plan for the future, I think we ought to be ahead of it and have the parking there, and I think it will stimulate businesses to say. And we're not having to demolish any things to do. No. Okay. So I mean, it's stuff that's not developed land right now and it's already off the tax rolls because we own it. Yeah. It's a good use of it. It will be adjacent to the flood mitigation. Which will actually hopefully help businesses increase value. An improvement in park. Yep. Okay. Other questions from council? Yeah, I have a question. On our economic development commission, is that another taxing body? Can they impose taxes without us? The BEC? No, the EDD. Oh, the economic development, the three county thing, right? Yeah. Actually, what it does for you, I'm just going to read. So it federally designates regional entities that lead to economic development, planning, funding, and implementation across multiple counties and sectors. It increases access to critical federal funds. Not sure if that's true anymore. And for transportation, infrastructure, workforce, development, as well as receiving ongoing technical assistance. But it is not a taxing entity. But they get their money currently from government funding. But in turn, would that, would the counties that go to that have to pay this taxes? Correct? No, this is really more of a regional planning unit that works with, it helps organize and coordinate things that economically will be positive for the three counties. And so, I mean, you know, a lot of our conversations right now about our future, we talked to Spencer, Town Spencer, we talked to Owen County, there is an economic development. Yeah. And so we have a lot of conversations across the river right now. And so this would just kind of form a lot, formalize what we do. And we would be part of a larger initiative with city of Bloomington, IU, Brown County. I mean, if you think about the three counties, we all have different. Right. I mean, I understand the fundamentals of it. But what worries me is the funding of it. And everything that I've read about it, I see where there's counties that are charged economic development committee fee like tax. So Darla, do you know if this is going to be an additional tax imposed on our residents or? I don't know. I'd have to look at what Michael's looking at. So I'm still waiting for Jen Pearl to get back with me on that question. I do think they can do TIF districts. So maybe that's what there's across county lines. Huh? I thought it was only they could do TIF districts or help facilitate TIF districts if they crossed a county line. Well, this would. Oh, you mean the actual district? Yeah. I'm not sure that aspect, but I've not seen anything with direct taxing authority. I've never heard that talked about. It comes up almost every EDDC meeting I go to, and I've never heard that talked about. In the state of Indiana, there's only seven counties that has not joined an EDD, and Owen County, and Merrill County, and Brown County is three of those. Right, and my next question then is if we approve this, I mean, are we locked in? Have we already voted on an EDC, or is that coming up? Well, the EDD will be developed, and this is a one-time one-time deal. So, but what I'm saying, if we appropriate this money tonight, then we're locked into the EDC, right? Not necessarily, because the county will be the lead on it as far as the entity that is part of the EDD, and we're just a town in the county. So, just like Bloomington. This could move forward without us. Yes. I mean, that's what the reality is, and my ask is that we participate in economic development that we may enjoy. Right, and I think it's a good idea. I'm just concerned about the taxing part of it, because I was told there will be a tax imposed after we join. So, I'm just making sure of that, and I would like to know. With the way that the legislature seems to be wanting to limit the local income tax, no matter what they are, I don't see them giving the ability of a tri or quad or however many counties that want to join the ability to impose a tax on top of that, because it seems like the momentum of the legislature has been to cap certain things. So, to actually allow this where it would open up more taxing ability just doesn't seem... Well, I mean, it's got to be funded from somewhere. Well, a lot of it, like I said, by having an EDD, it opens you up to federally funded grants. Right. Which is big. And that's the way it was presented to us, that the grants are pretty much, once we form this, the grants kind of pay for the infrastructure of the EDD. But... Can we have Darla check into this before we move on this? Or is there a time restraint? There was, like April 14th. I mean, if we, you know, if the board decides we need to waive them, we need to waive the... Well, I mean, are we going to miss it if we go... Well, obviously we're going to miss the date anyway. Today's the 14th. Yeah. That's when they wanted to have their application. Let me kind of throw this out there. We can't impose a tax by ourself. Neither can the county. But if the city decides they want to join on, they have the ability under the taxing board because they're more than 50%. To institute the tax. If there is one, it would have to go through the Monroe County Tax Commission. So join or not join, we could still eat it if there is a tax. You don't get excluded because it's by county. From what Jen Perlman said to me when I asked this question, she said it does not have the power to tax, but she's supposed to confirm. I just texted her again to find out. She's from the BEDC. What she's found out about that. But understand whether we vote or anything on this putting the money in tonight. If it can, and it passes, it doesn't need our votes to pass. I think that's kind of what Scott was saying. >> I'm sorry, I didn't hear that last part. >> I said it doesn't need our votes to pass. But I see your point. And that was in the discussions, and we've had a presentation at the BEDC. Taxing was never brought up as one of the things they're allowed to do. >> It probably should have been brought up. I mean, there's got to be a reason we've opted out of this for so many years. >> Yeah, I think it was maybe short-sighted because we, out of 90 counties in Indiana, only seven haven't joined. And so we put ourselves at a disadvantage when it comes to economic development opportunities, grants, or what have you. And it just does seem like, you know, in this day and age, that collaboration with our neighbors, our neighboring counties, especially Owen County, that we get organized and work towards this very thing. >> Mike, is it -- you said it was $5,000, the joining fee? >> Yeah. >> Is that annual or is it a one-time? >> It could be -- listen, they did not -- the $5,000 I came up with. So we're not tied to anything. >> Is it annual or is it one-time? >> No, this is just to get us through the application process. >> That's going to cost about $60,000 to get through the application process, and they were asking for what, $20,000 from each county? >> Yes. >> I mean, so they're asking $20,000. I know the city of Bloomington is putting some in. IU is committed to some. Owen County, I don't know how they're breaking those out. Brown County, we don't know how they're funding it, but that was -- >> And IU said they'll -- they put in $10,000. It could be used just for Murrow County or to cover any monies that aren't collected from the other counties to make it happen. >> Okay. Darla, let me ask you this question then. Let's say that they go through this application process, and will there be -- will it come back to us for a vote after or a resolution or something establishing this? >> No. >> Dan, I really don't know, so. >> I mean, the county -- just to be clear, the county will be the entity that joins in the EDD. It's all counties. And so we won't be voting on this again. All we can -- what we're trying to do is realize some benefit from economic development and either you're in or you're out, either you're participating and you're competing. >> Yeah, I get all that, Mike. I do. I'm just -- the question was about the taxes and the funding. That's the only question I have. >> I know we're not asked for reoccurring funding. That would probably be if there is something at the county. I mean -- >> We're not. >> We're doing voluntarily funding on this. I'll be honest with you. To me, it's like for us to get a seat at the table. And that's what this is, for us to say, hey, we kind of did some buy-in for this so the county can't say we paid all $20,000 or whatever. I just heard back from Jen again, and she said that everyone she's talked to believes the EDD does not have the power to tax. ROI, which I guess who they're hiring to draft this, is double confirming this, and she's texted them and see what she hears back. But honestly, the $5,000 is so that we can have kind of some standing to say, hey, we get a seat at the table of this. Because if we don't contribute anything, if it still happens, they're going to say, well, you guys didn't put anything up for it. I mean, that is a concerning thing about the taxing. But this is really our only chance to have any input into this, because it's going to happen with or without us. Just because you put the $5,000 in doesn't negate the fact that we can't institute the tax, even if it's there, and we can't keep it from being instituted, even if we don't join. But it does give us some leeway to say, hey, we put some money in. We want some input. So what's the pleasure of the council? Is there a motion on this resolution? I'll make a motion to approve resolution 14, 2025, additional appropriation for lit economic development. It should be from lit economic development, right? Or for? Does it matter? For, yeah. From. From. Yeah. That's right. I'll second. Before we do that, I forgot, because this is an appropriation. Is there any public comment on this? Seeing none in chambers or online, back to the council. So we have a motion. I would like to make one more statement before we go to a vote. Sure. Go ahead. I would like to have that answered. So if Darla, if you could look into that for me and get back to me as soon as you can, I'd appreciate it. Because, yeah, our residents need to know. Exactly. All right. There is a motion in a second. Whenever you're ready. Yes. Yes. Yes. Yes. Yes. Yes. Thank you. Next is resolution 15 2025 for fiscal plan for them. I'm assuming Michael during annexation. Did I get that correct? So at the planning commission's April meeting, they approved Mr. Dorian's petition to be annexed into the town. And the fiscal plan that is before you is prepared by the planning department. And the annexation consists of plus or minus 4.794 acres. And it will be zoned. I'm getting a little ahead of ourselves that ordinances later in the meeting, but it will be zoned are one single family residential. Questions from council. Any action from council. Make a motion to approve resolution 15 dash 2025 for fiscal plan for the Michael during annexation. Second. Motion second. Yes. Scott Oldham. Yes. Dan Swafford. Yes. Trevor Sager. Yes. Motion carries. Next is resolution 16 2025, the fiscal plan for the railroad corridor annexation. Also at the plan commission's April meeting, it voted to send to the town council a positive recommendation for the annexation of what we've been calling the railroad corridor. And it is located on between McNeely Street and West Main Street and east of the North Sale Street and West Main Street intersection. It is plus or minus .91 acres. It will be zoned single family residential R one. And this is the fiscal plan that was prepared by the planning department pursuant to statute for that annexation. Questions from council. Action from council. I'll move to approve resolution 16-2025 for fiscal plan for the railroad corridor annexation. Second. Motion and second. William Ellis? Yes. Scott Oldham? Yes. Dan Swafford? Yes. Trevor Sager? Yes. Motion carries. Moving now to ordinances on first reading. There's four of those this evening. The first is ordinance 2025-06, establishing rates and charges for the use of and services rendered by the water works system of the town of Ellsville, Indiana, and repealing all ordinances and parts of ordinances in conflict herewith. So a couple years ago we approved a water rate increase. It was to be in two phases. This is the second phase that's been approved by the IURC and we're ready to move forward. So the second phase is about a 5.5 percent increase and it covers some O&M costs and also the payment on the new building. And the reason we went in two phases so we wouldn't bill for phase two until we actually need it. Questions from council for this? [inaudible] You mean per thousand gallons, Dan, as an example? I'm sorry, what? Are you asking what the increase was? Yeah, I mean he mentioned that this one was a five percent increase. I was just curious on the first phase how much the increase was. Yeah, maybe at the next meeting let us know. Per thousand gallons, Ellisville customers paid five dollars and seventy cents. Go ahead. Any other questions, comments? They paid five seventy. Is that before or after? That's with the introduction of phase one. That's what the customers were paying. And do you know what they paid before that? I don't have the old statute. That was the increase. That was the new amount. The phase two, it's six eighty five now. So it's an additional six eighty five or six? Yes, because the six eighty five is to cover the water department's payment for their third or seventh building. It wouldn't allow us to do that in the first phase, so that's not what I know. Thirty seven ten to thirty nine one. It'll go from forty five hundred a gallon user, which is our average, from thirty seven ten to thirty nine dollars and fifteen cents. It's the second phase? Yes. Well, it's the first phase. I thought I was at five seventy, you mentioned? Darla? The meat of it was the first phase. Yes. Well, the meat of it, this is an ordinance on first reading, so why don't we sort all this out maybe in a chart, so when we come back to it on second reading, we can look at it and explain to everybody and ask questions. So if there's questions from council or anyone else that need to be answered before we actually vote on this, please direct those to the town manager. Next is ordinance twenty twenty five dash zero seven, amendment to the employee handbook to add ghost employment policy. This is in addition to the employee handbook and the ghost employment policy is word for word what was in the personnel policy under title thirty six in the old town code, and so this is just incorporating that language into the employee handbook. Okay. Any questions from council on this? Okay, let it come back to us next time. Ordinance twenty twenty five dash zero eight, amendment to employee handbook to add a grievance policy. Again, this is word for word what's in the title, old title thirty six under the Ellitsville town code, and that is now just incorporated into the employee handbook. Questions or comments from council? And again that comes back our next meeting. Ordinance twenty twenty five dash zero nine, amendment to employee handbook to amend add miscellaneous provision. This is to add some language to clarify retirement benefits. So I was asked to amend section three eighteen under which makes reference to the Indiana public retirement system to state that eligible full-time employees will be covered by INPRS. And then I was asked to make some changes to section three twenty with regard to the 457B retirement savings plan for regular full-time employees. So you'll recall that at the last town council meeting the town approved a resolution to allow employees to put money into a 457B retirement savings plan. And so this language allows for those employees who have left Perth for some reason, for example they're retired, they're collecting from Perth, they want to keep working, and it allows the town to contribute funds to those employees 457B retirement savings plans. Okay, questions from council? I noticed the text from there, Scott pointed out, it said elected officials. Is that saying that the council now is covered by INPRS? I think the intent is because the clerk treasurer is covered under for elected officials. Yeah, I mean we're not asking for it to be, I mean I'm not. Maybe it needs to read selected elected officials or something to that degree so we don't get into a fight 10 years right about what we meant. Somebody doesn't get it exactly. How would we phrase that? I think it's already covered in the perp regulations because of the term full-time employee. In other words, you wouldn't be eligible as a part-time or something. You have to have so many hours to qualify that. That's an awesome one if there's a threshold there. So that would be maybe for qualified elected officials. That works. But you don't touch a time clock though, right? So she doesn't have any set hours. No, but under the definition she's a full-time employee. She receives the full-time benefits. How's that from the town? All right. How about we have the word qualified, like Liam said? Would that be an issue, you think, Darla? You just want to make it clear that the only elected official is the town clerk? Well, or, I mean, let's qualify because, by their standards, we wouldn't qualify. But let's say in... Because there's a part of it that says if you don't meet in-person statutes, that the town then has to contribute to a 457 or something like that later in the policy. Yeah, I had some issues with that, I have to tell you. We're trying to prevent a problem of yours, don't we? Right, right. Well, that's why I was trying to be careful with the language in the new section that made it clear that if the employees were not eligible because of their retirement, because I wanted to make it clear that if you weren't... If you couldn't be in 77 or PERF, I don't think 457 covers you. 457 is supposed to be a supplement, is my understanding. So I was trying to make it clear that the only... I may have the number on whatever the policy is. So, okay, I'll throw a hypothetical out. Let's say 10 years from now, a council member says, "I should have been getting money into PERF and stuff." Are we okay with legally saying, "No, that's not what this ordinance means"? Well, I have no problem with changing Section 318 to make it clear that we're talking about the town court treasurer only under elected officials, if that's the concern. That would be... I mean, I think that's fine. Yeah, I think that would be... Okay. Anything else from council? George, do you have something to say? The clerk may not be the only person who might qualify. So, if you use the word "qualify," then you have to, of course, set up certain parameters. Once you can establish the parameters, then you're good to go. Anyone that meets that threshold is going to be eligible. But you set it up, the way you're setting it up, it only applies to her and her job. Well, there may be another job that qualifies, and that's... I like the word "qualify." If you qualify, then you can get that stipulation. Right, because we wouldn't qualify for any of those plans right now. No, but should something in the future change that... As an example, let's say in the future there's a mayor. Well, that mayor will qualify. Who left a mayor picture? Well, realistically, you'd have to redo everything because you'd no longer be a town. Right, yeah. You'd be a city at that point. Okay, anybody else got changes or comments? Okay, that'll come back in a finalized form next time. Now we're on to ordinance on second reading. First is Ordinance 2025-04 to amend the zone maps to rezone the Gareth and Anne Blackwell property from C2 General Business to R1 Single Family Residential. Good evening. This is petition by Gareth and Anne Blackwell Trust to rezone one parcel located at 7490 West State Road 46 from Commercial 2 General Business to Residential 1 Single Family Residential. On March 6th, the Plan Commission approved a two-lot subdivision for the Blackwell Trust, which was zoned Commercial 2. One lot of the subdivision is commercial, and the use of the other lot is Single Family Residential. The commercial lot, Lot 1, will remain Zone C2. The Plan Commission, after meeting on March 6th, voted unanimously to forward a favorable recommendation for the zoning map amendment to the town council. Petitioners requesting to change the zoning of 7490 West State Road 46 from Commercial 2 to Residential 1, and petitioners representatives are present if you have any questions. Questions from council? I actually do. Doesn't this conflict with our comprehensive plan? Because that area there I thought was zoned for, not zoned, but that was where we had planned for business and commercial. Part of it was also rezoned to, or not rezoned, but changed to a mixed-use village center. So if it remains C2, then it's in disagreement with the UDO. You have the R1 single-family residential, would that be in disagreement with the UDO? If you change the zoning to that, no. It is a single-family house on that lot. There is currently? Yes. So the lot, when it was subdivided, it was subdivided for commercial on one lot, and then the other lot was the house, which is the wild doing residential. So we're just making sure, it's not like they're going to build single-family homes there. No, it's already there. It's already there. Yeah. And if I recall correctly, this was actually started, the bidding process before the UDO was ratified, correct? Yes, there's been three petitions on the property, so yes. So they were in motion just to... Yeah, the questions are not saying I'm against it. I was just kind of making sure that we're staying commitment consistent, but they were already there. I mean, Harmon Farms is mixed-use and residential also, so it's not like it's without precedent. I just want to bring the point up that those that were already in motion, we shouldn't penalize because we slammed the door after they were already starting down the road. No, I 100% agree with you. Other questions from Council? Since this is an ordinance on second reading, is there comments from the public? Seeing none, back to the Council for action. I move approval of Ordinance 2025-04 to amend the rezone to Gareth and Anne Blackwell property from C2 to General Business R1 single-family resident. Second. Motion and second when you're ready. William Ellis? Yes. Scott Oldham? Yes. Trevor Sager? Yes. Dan Swafford? Yes. Motion passes. Next is Ordinance 2025-10, annexation of the Doring property. This is a request by Michael Doring to voluntarily annex a parcel totaling approximately 4.74 acres of land subject parcels located at 5474 or 5475 North Union Valley Road. The reason for the two addresses is due to an error GIS shows 5475, but Mr. Doring says all his paperwork is 5474, but once it's annexed into town, we will fix that address issue. Petitioners requesting to annex one parcel, as I said, proposed annexation area is 14% contiguous to the town, and 100% of the property owners are parties to the petition. Parcel is currently zoned AGR, Agricultural Residential by Monroe County, and is recommended to be designated as Residential 1, Single Family Residential upon annexation. Property will be located in Council Ward 4. At its meeting on April 3rd, the Plant Commission voted unanimously to forward a favorable recommendation to town council with zoning of R1, Single Family Residential. Petitioner could not be here, so I'll be happy to answer any questions you may have. Questions from Council? Again, an ordinance on second reading. Anything from the public? And back to the Council. - Make a motion to approve Ordinance 2025-10, Annexation of Doring Property. - I'll second. When you're ready. - William Ellis? Yes. - Scott Oldham? Yes. - Dan Swafford? Yes. - Trevor Sager? Yes. - Motion carries. Annexation, sorry, Ordinance 2025-11, Annexation of Railroad Corridor. This is a request by a town in Ellisville to voluntarily annex approximately .91 acres of land Subject parcel is an abandoned railroad corridor located between West McNeely Street and West Main Street and east of the North Sale Street and West Main Street intersection. Parcel numbers 53-04-10-100-040.001-011. The town's heritage trail has been constructed on the railroad corridor. Proposed annexation area is 52% contiguous to the town at Ellisville. Parcel is currently zoned AGR Agricultural Residential by Monroe County and is recommended to be designated as R-1 single-family residential upon annexation. At its meeting on April 3rd, the Planning Commission voted unanimously to forward a favorable recommendation to town council with zoning of R-1 single-family residential. - Questions from council? I want to comment, Denise. Appreciate you and Planning Commission to vetting these and I like the unanimous approval, so thank you. - Oh, thank you. Other questions or comments from council? Anything from the public? Back to council. I move to approve Ordinance 2025-11, annexation of railroad corridor. Second. - Motion to second. William Ellis? - Yes. - Scott Oldham? Yes. - Dan Swafford? Yes. - Trevor Sager? Yes. - Motion carries. Thank you. - Next on our old business is a discussion of the wheel tax. Well, I guess I'll start off unless somebody else has something to add to it. I'm going to request at this time that we move the table to this wheel tax. It was brought to my attention this morning through the AIM legislative summary that there has been some amending. The HB 1461 has been amended in the Senate Appropriations Committee last week. Like I said, an email was sent out last week and I would like to wait until this Senate bill comes before the House and it's actually set and done. There's just been a lot of changes in it and I really don't want to discuss much of it until we get what we've got with them first. - Right, because we're theorizing on what they may or may not do. - Exactly. - There's been some confusion on social media that people think we're planning to vote on this today. - Exactly. I've seen that myself and, I mean, it's out there for everybody to see. The biggest thing is, and I want the public to know, that I myself do not want to see something that's a burden to the taxpayers as well. And the original proposal in the HB 1461 was if we did not do this, I mean, we get a lot of money from the Community Crossings grant. I mean, this year's pretty close to a quarter of a million this year. We will no longer be able to do that. My restricted fund will not do what we're doing today as resurfacing these streets. I mean, our streets, I'm not going to say they're going to start falling apart tomorrow, but streets that we're repairing is going to take longer to circle back around to, to get them upgraded again. Also, with this new bill, now with this amendment they've put in there now, that smaller communities do not have to implement the will tax to be able to, help me, apply for the Community Crossings grant. Also in that, in the original amendment, there was a proposal to unstack this, and that was the biggest thing I wanted to let the public know that with the unstacking of these vehicle taxes, if Ellsville did implement this tax, it would not be an extra burden. It just revert the money going to the county and coming to Ellsville. And from what I saw, I looked at the legislative update before I came, I did, it looks like that's still in there. Yeah, I did, I still saw that, but doesn't mean it could be, just may not have been updated on that. Okay, well, that was the other thing. It would be nice if it was still there. Right, but it looks like I really would like to do this. One of the amendments, one of the amendments that look like, and I know where, is that it said that if you don't have it, you don't get the same percentage of, they're tying a percentage now. It's also in discussion with this, and I don't have it in front of me somewhere, me and Denise, we kind of went through a little bit of this this morning, that there possibly will be a reduction in percentage that I will get in my restricted line in the NVH. We're going to have to make that up somewhere. Right. Right, if I could caution everyone and continue if we want, we're putting a lot of information out there right now that we have no idea if it's going to come true or not, and some people are going to only hear snippets of this or only choose to hear snippets. Totally agree. And start warning people. So I don't disagree. I just wanted people to understand this was still only planned to be a conversation. We weren't planning to just ram a wheel tax. And hopefully between this and the other discussions we've had, they say they can understand why we're even discussing this now. Yes. So I request this evening we table this. Do we need to do a motion on that? As long as there's a consensus to table it to the next meeting, I don't think a formal motion is required. I'm good with tableing it. Yeah, because I have a lot of questions, so let's wait. Yeah, until we actually know what we're playing with. Right. We may be back in the corner where we have to do something, but then again, we may not. Right. It hasn't gone to conference yet. It didn't look like. And that's, we won't know until that happens. Exactly. Thank you all very much. Now we move down to new business, which is review of TIF management annual report. Because the town has established economic development areas, the town is required to file with the department of local government finance by April 15th of each year, a TIF management annual report. And I had emailed a copy of this to the board members, I believe last week. This has been prepared by Baker Tilly. Long story short, the west side allocation area and the riverfront allocation area have zero revenues and zero expenditures, but we still have to file the report by tomorrow. So at the redevelopment commissions meeting this evening, they accepted this report and theoretically they are forwarding it onto council for your review, but you don't need to do anything. We just have to show the minutes that you've been provided with a copy of this report. Soviet. It's all zeros right now. Right. Any questions? Okay. Board of Zoning Appeals appointment. I have a couple vacancies on the Board of Zoning Appeals and tonight I bring before you Caleb Plummer. It would be a presidential appointment. The next appointment would be the entire council would vote on it. Caleb is a resident of Ellitsville. He has his own business here and I think he would bring the knowledge I need to the Board of Zoning Appeals and he's eager to serve. Okay. Does it match what we need as far as? For BZA, it's not political. There's no partisanship. Thank you for the word. Okay. We'll make that appointment. Thank you. Next is a proposed MOU between Richland Beam Blossom and the town for resurfacing entryway. Okay. Okay. So, last year we talked to Richland Beam Blossom Nursing Care. I can't remember. Health center. Thank you. I always say that wrong. There is a road entry from 46 and all the medical buildings access that road entry to get into dental care. There's IU. Is it an IU? IU Health is in there. Richland Health is in there. And then it also feeds into the little strip mall that's got Edward Jones and a couple other. And it used to be like an HOA as best I can remember. And all those businesses were supposed to take care of it. But everything's changed hand. Nobody owns anything that was there originally. And so it went into disrepair. And I've been asked by almost every business in there. I have been asked by every business in there, including Richland Beam Blossom Health Care. What can they do? What can we do to maintain that road and make it? I mean, it's just in deplorable shape and what we could do. So after finding out that Richland Beam Blossom Health Care, originally it was their drive. And for lack of a better term, they own it. And we talked to them. They helped us out with some easements. And I said I'd get back to them and see if we could work something out. And so they have agreed to bring it up to standards money-wise for materials. We agreed to surface it and then take it over as part of our town's inventory. It resolves who needs to take care of it, who plows it. We plowed it for years, even before -- you know, I mean, we just plowed it because it needed to be plowed just for the health care. So anyway, there's several businesses there and nobody knows who owns it. And I just think this might be one of those times when government can actually step in, help and resolve an issue for the good of the community and the businesses at hand. >> Okay. Questions from council? Go ahead. >> Is it just a repaving or are we going to try to bring this road into the town's inventory? >> We're going to bring it in. That's part of the agreement. If they'll pay for the materials, we'll use our paver and workforce, we'll pave it and bring it into the inventory, and then from now on it will be in our inventory and we'll be responsible for it. >> Correct me from wrong guard. Is this kind of the same situation we did for Jacob Court? >> Jacob Court dedication. It could be, yes. >> Could be. >> Unfortunately, the person that Michael spoke to at Richland Beanblossom, the director, is no longer there, but yes, I mean, that's what I would envision is this being like the Jacob Court dedication that the town council did about a year or so ago, where Richland Beanblossom doesn't transfer the property to the town in fee simple, but there's an agreement whereby the town town, takes it over, it's part of the town's inventory. Aside from that, honestly this is in the public benefit that we do something with it, because of the number of ambulance and fire runs that have to go to that facility, and that way our equipment doesn't get damaged should it fall into a state of disrepair. Thank you for saying that. And truly the agreements with the corporation, my local, I haven't talked to her since last fall, and we were just getting around to taking care of this, and so I'll go, if you approve this, then I'll go back, meet their point person and finalize it. Just out of the public necessity, I would say that we do it, yes. I agree. Yeah, I've got a few issues with this. First of all, I just don't see us paying to pave another business road. I mean, we are not in the contracting business, and to put the taxpayers' dollars, equipment, supplies, and to take over a road to get it up to standards to take it over is just not our responsibility. Now, if they want to bring the road into the town like that was done on capital, we had to bring it up to standards before we turned it over into the road's inventory. Another thing, you said that they are paying for this in this ordinance. It says the Department of Public Works are to supply the labor and materials to repave the facility. So which is it? Are we paying for this? They're paying for the materials. I think it's $8,700. Yes. Why does it state in this that we are supplying the labor and material? It pays $8,700. Okay. It's a reimbursement. Right. Yeah, I'm still a little concerned about this because I understand it needs to be done and there's trouble with the businesses on who has it. Obviously, they have to have easements. All those businesses have to have easements to their existing business. So really, it should be all of them paying for that and not just one entity when there's four other businesses in that area. And another thing, like I said, there's other businesses in town that need repaved. And I can think of one, but I'm not going to mention it, needs it done badly. We can't send our government workers up there to pave a private business. I just don't understand how we can do that legally. Well, you want an answer? Sure. Okay. So, yeah, you're probably right. And in fact, if you say no, then we won't have to work so hard and we can just go on down the road and do something else. But I think part of really good governments, what they should do and accomplish is to make the town better and to resolve problems that are confusing and there's no real good, nobody's ever going to solve a problem. And for the betterment of the town, and like Scott said, for God's sakes, for all the ambulances and the fire trucks and the police cars that go down through there, this was a way to make a lot of different people happy and make the situation better and safer and to provide leadership to resolve a problem. So what are you going to do when, let's say, Richland Plaza comes to you, say, hey, we'll give you our easement and our parking lot, you guys pave it, we'll pay you because we're going to get a hell of a deal on it because you're using free labor, free equipment, blah, blah, blah. What are you going to do when they come to you? I'm going to say that's not something that we-- How are you going to distinguish between the two, though? They're both businesses? I already did. I just said we're not going to handle that. But why are you doing it for them? See, I'm arguing for someone else coming to you. Right. Well, you're talking about one entity that can control their destiny and they can decide whether they do or don't do anything, whereas this entryway serves several very important businesses to the town and to healthcare, and this is a situation where we can provide the leadership, resolve the problem, and move on down the road. It's like no big deal. But, I mean, I could argue that my business provides stuff, important things to the town. You could, but you'd be disappointed if you argue with me because I'd say no. I'm just saying, I'm not even sure legally we can do this. Well, if they deed it to the town or transfer it to the town's inventory, we can't do it. But, I mean, we did that back when me and you were on the board, like, for instance, Capitol Avenue. I spent 20 grand to get it brought up to the town's standards before the town took it into their inventory. And it just wasn't me, it was like nine other entities and the business in there. It's unfortunate that I wasn't town manager. But I'm just saying that I just don't think we can do this. I mean, if Darla says it's okay, and we're not going to get a big lawsuit filed against us saying that you're providing taxpayers dollars to fund a privately owned business pavement. I mean, I just don't see how we can get away with that. The counter argument, Dan, that I would make to you and anyone else here live on television is there's a, to me, there's a big difference between and no offense, take whatever business you want, but you call that Richland Plaza. That's an elective thing where people go there to shop to do whatever else. There are people in this facility who have no option but to live there and they are confined there and they need emergency medical service, which has our assets being the fire trucks, police cars, having to go up there. So it's in our best interest to make sure that that's to standard because quite frankly, a lot of times anymore there's an engine company going up there with a 40,000 ton or 40,000 pound engine on a road that if we leave it to whoever, it could be the lowest coming bidder and who knows if it supports it. I remember probably 10 years ago where we had one of them on its side because the road wasn't maintained appropriately. So I really don't want to go back down that road because they're at Richland Plaza maybe once a month, maybe. They're here once a day, maybe. So there's a difference to me. And it's a healthcare facility. I get what you're saying and I agree with it, for a for-profit everything, but here we have people confined that we know are going to need services that we are legally bound to give them. But I'm just telling you too, why are we going to get in this business? As we continue to grow, there's going to be other healthcare facilities move in. If there's healthcare facilities move in that want to give us through land? There's some here now too that, you know, are we going to start paving their drives? I mean, I just see this as just a nightmare on my part. You forget the uniqueness of it that there's several healthcare entities that utilize that one. And they also are privately owned and for-profit. And they should be able to afford to have their drive done. If you don't want us to do it, I'll, I can move on. I'm saying too, I'm not even sure it's legal for us to do things like this. I haven't seen Darla Sturris into every, anything that is illegal yet. So if it's passed... Well, she hasn't even had a chance to speak yet. So... I'm pretty certain she would have... I'm afraid she doesn't want to. Pretty certain she would have asked this before it got here. I don't think she wants to speak on it. Let me ask you this, Dan and Mike both. If we could get them, the, whoever entity is paying for it, they can work that out, whether it's the healthcare center or not, to pay for the full cost of it, as in our labor and everything. We're not, that way no tax dollars are being used for it. But we make sure the road's up to standards. But then I got a problem with that because we're not contractors. We are a municipality. We are not contractors. So, I mean, if they got the money to do that, hire your own people to do it, then we'll take the road in, and then from there on out, we'll maintain that road. That's why we're involved. I've seen an opportunity for the town to take a leadership role and make something happen for the good of the town and for the good of the businesses that located here. And that's why I did it. Well, you know, I just don't think it's legal. This gives me heartburn too. I'm not going to lie. Because it said I understand the uniqueness of this, but I don't know if every other business is going to understand the uniqueness or they can argue they're just as unique in a different way. Exactly. There's medical facilities in Richland Plaza. Richland Plaza is owned by one entity. One entity. They control their destiny. They don't depend on anybody else. It's a triple net lease. Every business in there is part owner of it. They have to pay for everything. Yes, exactly right. William can tell you that. He had a business there. It comes to our inventory beforehand. Well, if it comes to our inventory beforehand, it should be up to standards before it comes into our inventory. And that's what we've done in the past. It was. It was at one time and it's fell in disrepair because nobody claimed ownership of it. And like I said, everybody that was in on the fix, in on it when it was developed, all those people are all gone. Part of me is thinking those businesses though should have had that ironed out when, I mean, those businesses, are they leasing, somebody leasing those buildings to them? Because that's who should be in that conversation. This is just, no, you may not disconnect it. In a second, I write public comment when we get to public comment, but right now, no, William, were you talking? I'm sorry. I lost my train of thought, but I just think that, yeah, whoever the lead, whoever they rent from, that's an entity similar to Richland Plaza, and it may not be as many people, and I don't know, do they have a triple net lease? I don't know. I don't know that, but if they do, then they're already kind of built into the lease. That's part of it, and if we do this, it's kind of given a, we're putting our thumb on the scale so those businesses don't get hit with the increases, what it would cost to do this, or other businesses would like in Richland Plaza as an example. I mean, I know at least two businesses have left because of that issue, what they put in there, so it's... And I can tell you right now, $8,700 will not get that paid. If you bring in a private contractor, that's probably going to be $40,000 to pave all that. Well, you don't have to tell me all that. I don't need to know any information like that. If you don't want to do it, why don't we settle this by moving on? Let's wait. Darla, is this legal? -I think this is a policy decision for the town council. Okay. That sounds like a punt. -You get your costs recouped, and so then if you determine that you want to include labor costs in there, I think that's reasonable. But I don't see this as being any different from the Jacob Court dedication that the town did within the last year or so ago. -I don't remember that. Yeah, because that would work out for a minute. Wasn't Jacob Court, though, up to spec before we took it over to the inventory? It was even completely built before we took it over. Not to a finished state. I'd like Kip's opinion on it a little bit. -With no backlash. Be honest, Kip. Because my question, too, is do you have the staff and the time and the labor to do this? Will that take away from other things going on, though? [inaudible] I'd like to mention we did all the work for the Highway 46 project, which lasted four years, and it took away from other things we did. But we did them anyway, and so we can surely do 491 feet of road if we can do four years of work and get all of our other work done. So that question is moving. -Also, Kip, what equipment will you be using? What would you need to do this? -Probably two to three trucks. And does this $8,700 sound like a feasible amount for? -I'm the one to come up with that. Okay. That's just material, correct? -That's just material from me. Is that trail desperate? -My question for you, because this is a complaint I get a lot, parking to get onto the trail, if we would take this into the inventory, is it enough space there to add parking spots to get people onto the trail? Because that's what I hear all the time, is there's not a great way to get onto it. -And the person that owns the strip mall has already done, has already made an effort to donate the end of that for more parking for the trail. And in fact, the person that owns strip mall, he says after hours, anybody can park there to go on the trail, and he welcomes it. And I guess I've never made that public before, but we haven't got around to putting the parking lot in, but it is in our things to do as we move forward with Stewart Park and the trail. And so, I mean, that's kind of an answer. I think that's a lot for sale right now. You can see they stub in, so that's someone's lot that they own. -Kip, about how much if we had to get reimbursement for the labor and equipment, I mean, just what I'd say the wholesale cost, if you're not prepared for that tonight, I mean, I understand. -We would just get the road, we would not own that. I can tell you. -What are we doing? I'm sorry. -So, it'd be give or take, $200, it'd be like $1,100. -Five guys, I'm using your numbers off your cruise, they could, five guys, eight hours. Eight guys, five hours. Here's what I took, I took 130 times eight, yeah. I'd be comfortable with this. Again, I still, it understands Dan's concern, but I think the case can be made here. We have one entity donating some of the, not really donating, but allowing part of their lot for public use, but if it was, if they paid for the full cost, I could completely understand other than just, because it also says that upon completion, they pay. I like some of the money up front, too. That's the other thing, too. I'd be a lot more comfortable with that. -And add in labor? -I mean, I know it's probably not going to get your vote, Dan. -No, I mean, just because they're donating their parking lot to say they're going to sell it and the next owner doesn't allow it after our parking, so that's not... -I wasn't going to bring that up anyway, so I don't... -Yeah, that's not the parking lot, it's the room. -Right. -It's the connecting room. So let's be honest. I mean, if it was parking, I'd be against it, but it's the... No, I mean, William mentioned that the person donating his parking lot for the trail after hours. -Because what I was saying is that, you know, I'm looking for some input from whoever Edward Jones and all them rent from. I mean, it's a shared use road, so maintaining it should be shared use. -Exactly. -Let's be honest, it probably should have been deeded to the town whenever all this was built to begin with for this exact reason, because it's not part of the parking lot, it's an access route. But here again, no fault to anyone in the room, somewhere we dropped that ball years ago, because that thing's been sitting there for 15 or 20 years. -Unless they didn't want to donate it in. -Well then, they don't get it approved in some of the factions. -The driveway itself is actually unneeded property that belongs to the originally Muslim health care facility. -Okay. -If that's the case, I can see why the shopping center, they're like, hey, it's not ours. -Right, exactly. -But I'm sure they have easements, they would have to have easements. -I don't know, that's something. -I mean, they couldn't have built the building without easement. I mean, it's just because they're newer buildings, there's no way that could have happened. -I mean, I've had several phone calls from the, whatever, the dental center where Dr. Caff used to be at and all that. I mean, from the employees as well as customers. -Right. Well, I know we have at least one number of public comment, so let's open up to public comment at this point. You're limited to three minutes, as normal. -At the beginning of this discussion, there was some comment about a homeowners association or something the equivalent of that, but you came back to that at the end of the discussion. It seemed to me maybe, one, you can provide leadership as a community, as a town, by exercising appropriate public authorities, one. And two, I think we ought to be looking at the users and the owners of the land take some responsibility. I'm very sympathetic to Dan's concern, because one is, you know, I encounter this with respect to the sidewalk, and I don't recall exactly how we got into it. When we started talking about the sidewalk in Abigail months ago, Paul, the most recent discussions back in last November or so, there was the issue about we were paying trails somewhere, we couldn't use the resources, or we couldn't employ public employees to sort of get the sidewalk finished, because there was some thought about that being an opportunity. So there are some costs to that, but, you know, I think there are a variety of ways we provided leadership here, and covering their costs, to me, is not a good defense of our good competition of leadership. Let me also, well, let me stop there. Okay, thank you. Is there anyone else? Back to the council. Okay. Is there a motion? I will make a motion to approve this with the following amendments, that 50% has to be contributed up front, and that it's the total labor equipment cost and material cost. I'll second. Motion is a second, whenever you're ready. William Ellis? Yes. Scott Oldham? Yes. Dan Swofford? I do appreciate you putting that in there, William, but I still, I had to vote no. I do understand. Trevor Sager? Yes. Motion carries. I fully respect your reasoning, Dan. Now we move to privilege of the floor. Anyone having business for the council that is not on our normal agenda? Step up please. We have someone in the chamber speaking right now, Mr. Perry. We'll come back to you in a moment. Good evening. My name is Marvin Olmet, and I am a town resident and the president of the Monroe County Fall Festival. I would like to thank the town and the public works department that puts in countless hours to make the festival happen. Simple improvements over years previously to a very successful 2024 Fall Festival. Adding more family entertainment, expanding children's games, larger bands, and better food truck choices all led to this success. New craft vendors and commercial vendors advertising left us with a waiting list, having more vendors than in the past. Our sponsorship members grew as well, filling the sponsorship signs at the downtown festival board that hasn't happened in a long time. This year, we have attracted bigger tribute bands, including local talent shows. We will have a larger circus show and plan to have contests that haven't happened since the 1990s. Our last Fall Festival meeting was filled. We filled every seat. Our volunteer base is growing with new faces each meeting. Once again, I would like to thank the town of Ellsville for their past support and ask for your support once again for the 2025 Fall Festival as we celebrate 90 years since the first Fall Festival was held in Ellsville. Thank you. Thank you. I appreciate your time putting in on that. I used to volunteer for that. It's a lot of work. It is. Anyone else in chambers? If not, we'll go back to Mr. Perry. Let me note that I raised the sidewalk issue in the last meeting and I have to thank the Planning Director, Colline Moore. Apparently, I've gotten some text, even though I'm going to talk to the whole, but I've gotten some text from neighbors indicating that the sidewalk is in process, which is fine. Let me also note another item, and that is the reduction of the seat limit on State Road 36, which I find would be a positive development. It had odds with perfect or stated preferences for some of our city staff, including our town marshal who was interviewed on the issue. He didn't think that there was any compromise to our safety. My wife almost lost her life with 46, across from the man for my dog and across from the Starbucks, and the total of the conglomerate, $46,000. So we have problems now. The other issue on it is enforcement of the 35 mile hour speed limit that is now on State Road 6 between Arlington and Heart Straight Road, which is the change that the end up made, uh, day to day. Awesome. Yes. I'm sorry, did you, did we lose Mr. Perry or was he done? Okay. All right. Thank you for your comments. Anyone else? Yeah, we're going to move to supervisor comments. Oh, I just thank all the employees who worked during the two storms we had a week ago, Wednesday and last Friday. So I mean, can't say enough about it could go on and on, but I'll just thank them. Um, Kip, are you going to mention Mikey? Well, I think it better coming from you, but, um, so I'm going to pass to Kip, um, talking about one of our employees. Okay, go ahead. It might be a little early, but the fireworks are July the 5th this year, which is a Saturday. So everybody can start their party planning. I'm going to jump back on that. So that that night, there'll also be a concert in the park. So and it'll be over in time to Get up to the fireworks. So plan ahead. Come on, move on. All right, uh, hopefully I won't get too emotional. I'm not really That much, but A couple weeks ago we lost a very devoted employee to town of Elksville. Mike Richardson hired in in July of 2001. I hired in in November of 2001. The big lug is I've had to watch my back because you'd hurt you or by accident or you just everything. He was a devoted employee of the town, worked many hours plowing snow. He's went 24 hours straight plowing snow and we've done it together. I want to thank the town and staff and everybody that helped us lame the rest last Friday. He's very gonna be missed. The guys are already Missing that fist bump. Love you, brother. Just trying to help you boys out or he's all time coming up with some kind of a whine, but We're gonna miss Mikey. He come up, give me a big belly bump. I think it goes without saying that we, as a council and as a town, express our condolences to not only his family, but to his co-workers who for years treasured his input and his presence and I think as a council, we would ask for just a moment of silence. Thank you. I want to make quick comment for the rest of the council does that you guys get your shot. Little known, well, I think little regarded or remembered is the leadership that Mike has shown over the last several years for flood mitigation and without a doubt, there's some people who had damage. Had it not been for him making sure all these projects got done, there would have been a lot more people have a lot more damage than what we had when we got six inches of rain an hour or two hours. So, Mike, thank you. You're welcome. We talked about this and I think I'll be coming before the board very soon to talk about phase two and some of the actions we can take to get in a position where maybe we can do even more. I'll tell you, as at the RDC meeting that Trevor brought up, we brought up the flooding, I have talked to some people that got impacted down there and I can say there, I don't sense any anger or frustration with the town. I mean, just mother nature, they understand that. But, you know, one of the reasons we brought up stage two is as we try to market Ellsville downtown in that TIF district to come in, it says a lot more, hey, we tried this, okay, we had this major rain, this still didn't work. But even Carl said what was 15 inches less than what the last real big one? So, I mean, it's working. He did. And that's why-- And it's avoided a lot of other smaller storms. Yes, absolutely. But I think that as a council and as a town, we probably, we do need to look at what a phase two would look like. That way, you know, because there may come a time, and I'll say this, that we've tried everything possible, but Mother Nature still says no. We're not there yet. But when we are, we're going to have to have some tough discussions about that area. I think the one thing again, and commending Mike to stay honest, is there's so many times over the years that 46, both east and westbound, has been closed to traffic because of water. Well, why that seems, because thankfully, it usually has happened in the middle of the night. And while that seems bothersome, troublesome, whatever else, let's remember that 46 is the only people from Spencer have to get to the hospital. Only people can go help people in Spencer is 46. So what we've accomplished so far, like you said, is phase one. But it's incumbent upon us, both for our citizens and for the people that aren't even in our area, to do everything we can and to try and get the state to help us as much as they can to make sure that traffic can continue. So again, thank you to everyone who's done so much so far. But we've got more work to do. Yeah, and I would just like to tag on to that. Mike, you've done an excellent job over the years. And I know I think it was Brian Mobley that pushed us to finally buy that property up and start that shelving back in there. I think that it receded a lot quicker. And I think what Scott said, there was several events that I think we would have flooded if it hadn't been for that shelving. So I think it's working. It's just not fixed. And I don't think we can ever fix it totally. But no, you have a tornado come through. Right. Exactly. Mother Nature is going to do what she does. But it's definitely a good job laughs as they say. Yeah. Other council comments. Seeing none, no further business for the council. For sure. Recording start. (upbeat orchestral music) ("Pomp and Circumstance") ("Pomp and Circumstance") ("Pomp and Circumstance") ("Pomp and Circumstance") ("Pomp and Circumstance") ("Pomp and Circumstance") ("Pomp and Circumstance") ("Pomp and Circumstance")