September 21 2023 Town Council Regular Meeting

SEPTEMBER 21, 2023 TOWN COUNCIL REGULAR MEETING Thursday, September 21, 2023 at 7:00 PM Council Chambers – Bristol Municipal Complex and Via Zoom MINUTES This meeting can be accessed via Zoom. Virtual attendance for the public is encouraged however, the Bristol Municipal Complex is open for in-person participation. JOIN ZOOM MEETING https://us02web.zoom.us/j/2011667863?pwd=ZkJGK2ZMcTZGNHBCaW9adUgvdUtYZz09 Dial in to 312-626-6799 / Meeting ID: 201 166 7863 /Passcode: 1czEDo Call in any time after 6:30 / meeting will begin at 7:00PM This meeting can be accessed via Zoom. Virtual attendance for the public is encouraged, however, the Bristol Municipal Complex is open for in-person participation. JOIN ZOOM MEETING https://us02web.zoom.us/j/2011667863?pwd=ZkJGK2ZMcTZGNHBCaW9adUgvdUtYZz09 Dial in to 312-626-6799 / Meeting ID: 201 166 7863 /Passcode: 1czEDo Call in any time after 6:30 / meeting will begin at 7:00PM MEETING CALLED TO ORDER by Council President Jeff Beachy at 7:00pm PLEDGE OF ALLEGIANCE led by Cathy Antonelli ROLL CALL: Council Members: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy Others in attendance: Town Manager Mike Yoder, Clerk-Treasurer Cathy Antonelli, Legal Counsel Alex Bowman, Town Marshal Mike Albin, Fire Chief Nik Kantz APPROVAL OF AGENDA – the agenda will stand as published. APPROVAL OF INVOICES -  Motion to approve last month’s invoices made by Cathy Burke, Seconded by Andrew Medford. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. APPROVAL OF MINUTES  Motion to approve the minutes made by Doug DeSmith, Seconded by Gregg Tuholski. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. PRIVILEGE OF THE FLOOR (AKA Public Comment) -no public comment this evening REPORTS: TOWN MANAGER Mike Yoder Approve Town of Bristol 2023 Title VI implementation plan   Motion to adopt the 2023 Title VI Implementation Plan made by Andrew Medford, Seconded by Doug DeSmith. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. Approve Commonwealth contract amendment for design of new office/lab and maintenance building for the WWTP / JPR quoted $93,500 and Commonwealth quoted $87,840 (BAN monies to be used for the design and engineering)  Motion to approve the Commonwealth bid $87,840 made by Gregg Tuholski, Seconded by Andrew Medford. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. Proclamation renaming Congdon Park to Corn Dog Park for the day of September 23, 2023. Jeff read the Proclamation aloud and signed by Jeff Beachy. Tax abatement discussion - Synergy Synergy (aluminum extrusion) – was looking at the Wilhelm property, but that will not be suitable. Now looking at a space in Rail Park. They have agreed to the price, but have yet to sign the contract. Will Council consider a three or five-year abatement? no rail access at this time. High Technology $30M first phase, second phase $15M- total of $45M investment (building and equipment/real property), Council unanimous to consider the analysis and possible abatement. Commerce Drive sign update $80,220.78 (East TIF balance $298,087.14) Town would build it and light it and have the businesses purchase panels to advertise. Council feels its a high price tag and would like to have another quote. Council agrees to using TIF dollars to pay for the sign. Suggested to talk with the businesses to see if they would want to help pay for the sign and then have a panel with the business name in exchange. Next meeting: hope to know who owns the sign (Mike had reached out to Ember to see if they had inherited the sign and property when they moved in), price point on signage for each business consider names of the industrial parks (Bristol Park N, Bristol Park S, etc) need a naming system/structure Approval of EMS sign design Alliance Aluminum would like to change their name to Eastern Metal Supply (EMS) and add a new sign. (sample shared on the monitor) Council approves the size of the sign. Marshal Albin commented that due to the size of the sign, the placement/location is key to having a clear view and avoiding accidents. Final pay application for Community Crossings 2022-2 Division Street $30,925.75 Fund source MVH Restricted 9/14 balance $85,753  Motion to make final payment on pay app #3 made by Andrew Medford, Seconded by Doug DeSmith. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. Amendment to Commonwealth services agreement Wastewater plant improvements $34,300 The Town has requested we conduct a cost-benefit analysis in the form of a technical memo to compare the cost of the existing system to potential alternative sludge processing systems. The deliverable for this task will be a memorandum summarizing the options and the present worth cost of each. This task does not include design of alternate sludge handling / disposal methods.  Motion to approve the amended service agreement for Commonwealth made by Doug DeSmith, Seconded by Andrew Medford. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. Fire Territory additional BT study cost not to exceed $3,500 A Historical perspective (5Years) of NAV and tax rates in Washington Township and Town of Bristol.  Using historic based trend create a conservative 3 -year projection of tax bill impact of Fire Territory Include local property tax credit in tax calculations instead of advertised tax rates. Council okay to move forward. CLERK-TREASURER Cathy Antonelli Levy Appeal Petition – three-year growth factor appeal in the amount of $143,513  Motion to move forward with the three-year growth factor appeal made by Cathy Burke, Seconded by Andrew Medford. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. Permission to advertise for & first reading of additional appropriation request in the amount of $80K (contractual services in the General Fund 1101-001-316)  Motion to approve the first reading of Ordinance No. 10/19/2023-23 and move forward with publication made by Cathy Burke, Seconded by Andrew Medford. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. TOWN MARSHAL Mike Albin Marshal Albin reviewed the Operations report Code Enforcement report- Randy Cripe has been trying to address the improper signs on utility poles by contacting the businesses and enforcing this ordinance. He is doing a great job overall and does well with the push back that he often receives. Mike announced the resignation of Officer Russo, three-years and 22 days on the job. He has an exit interview scheduled for tomorrow and is moving his family back to Florida, where he will continue to be an officer there. This will be a great loss for our department and the community. He will be missed. Indiana Law Enforcement Academy update: Philip Danley is currently in the Academy for a 15-week training program and should finish just before Christmas. Dillon Mosher will head to the next Academy class that is to begin January, 2024. Adoption of the BPD Procedure Manual (SOP) Resolution No. 9/21/2023-20, setting and updating the standards that were last revised in 1995. This is a working document, that will continually be updated as laws or case law changes. It is currently 638 pages.  Motion to adopt Resolution No. 9/21/2023-20 made by Cathy Burke, Seconded by Doug DeSmith. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. Jeff Beachy thanked Marshal Albin for all that he and his officers do for us, with prayers that everyone stays safe. FIRE CHIEF Nik Kantz Chief Kantz reviewed the Operations Report - currently short one full time firefighter/EMT but are currently filling that position with parttime staff. - one full-time staff member has completed his EMT training and is now a State Certified EMT! - Annual service on apparatus is being completed this week,some minor maintenance needed, but all street worthy. All fire pumps have passed testing and all ladders are scheduled to be tested in the next couple of weeks. - The training facility is coming along, with hopes to finish that up Saturday morning. - preparations for the corn dog festival in play, one staff member is participating in the corn dog eating contest. Town comment added that Legal Counsel Alex Bowman and Council Member Andrew Medford will also be in the corn dog eating contest. Later noted that Alex will not be able to attend this year. PARK BOARD Linda Powell - Hermance Park has a new lock installed on the pavilion, the previous one failed. - signs to pick up after your animals (including horses) will be posted in the park - Kristen had a river clean up and some tires and things were pulled from the river - Monogram’s Corn Dog Festival is on Saturday at Congdon Park - Congdon Park Trunk and Treat event will be Saturday, October 28 from 5-7, with continuing festivities until 10:00pm. There may be a spooky walk, more to come on that. We are adding six children's games and the library will tell a story. The Park Board will be donating $250 to the library - cornstalks to be cut soon and everyone was invited to come out and help. The stalks are for the lampposts in town. There will be a business decorating contest. (no tape and no strobe lights) - Planning ahead, the Christmas tree lighting will be at the fire station, as has become Town tradition TOWN ATTORNEY Alex Bowman 2nd Reading Ordinance 9-21-2023-21 establishing an annexation fee in amending chapter 110 of the Indiana code of ordinances. Alex gave a brief overview and explained that this will help to offset some of the costs that the Town has been incurring in the annexation process. Alex recommends adoption as presented.  Motion to adopt Ordinance No. 9/21/2023-21 made by Andrew Medford, Seconded by Cathy Burke. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. Resolution 9-21-2023-19 Fiscal plan for Voluntary annexation of Wilhelm Trust property First reading was at the last Council meeting. The fiscal plan was prepared by Baker Tilly 9.15.2023 and Alex recommends adoption.  Motion to adopt Resolution No. 9/21/2023-19 made by Gregg Tuholski, Seconded by Doug DeSmith. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. 2nd Reading and public comment on annexation of property Ordinance No. 9-21-2023-20 (Wilhelm Farm)  Motion to amend the agenda to reflect the ordinance from 9/21/2023-19 to 9/21/2023-20 made by Andrew Medford, Seconded by Gregg Tuholski. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. 2nd reading of Ordinance No. 9/21/2023-20 annexation of Wilhelm Farm - Opened for public comment – Denny Swartz confirmed Council was discussing the Wilhelm Farm property. No other comment.  Motion to approve the 2nd reading of Ordinance No. 9/21/2023-20 made by Andrew Medford, Seconded by Gregg Tuholski. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. Notice of Request for Voluntary Annexation HTIW Properties LLC -No action needed this evening. Council will acknowledge notice of this petition at the October 5th meeting. This property is just South of Thor. This property will be done in two phases, in order to be contiguous. NO NEW BUSINESS TOWN COUNCIL DISCUSSION ITEMS Doug DeSmith – no comments Andrew Medford – no comments Cathy Burke – no comments Gregg Tuholski – shared concerns about encroaching on property owners as we expand our manufacturing, thoughts of having a plan in place going forward. Mike Yoder explained that minimum standards are in place but a PUD (Planned Unit Development) process will give Council more room to designate expanded buffering  Marshal Albin noted that based on the resident concerns from the previous meeting he took an hour to park and watch the activity along the area of possible annexation. Jeff Beachy – no comments NEXT MEETING: Thursday, October 5, 2023 at 7:00 pm MOTION TO ADJOURN Motion to adjourn made by Andrew Medford, Seconded by Doug DeSmith. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy Meeting adjourned at 8:36pm. _________________________ ___________________________ Jeff Beachy, Council President Cathy Antonelli, Clerk-Treasurer