Common Council Meeting 02/19/2019

City-NEws-e1455073509249The Charlestown Common Council met for a regularly scheduled meeting (adjusted for a holiday) on Tuesday, February 19, 2019 at 6:30 pm. Following is a summary of the meeting with full audio available at the end:

  1. Call to Order/Pledge of Allegiance: led by Jonathan Jennings elementary school cheerleaders who recently won both UCA National and Youth Recreation World titles in Orlando, FL. Mayor Hall also publicly recognized Amy Gillespie, Teacher of the Year
  2. Invocation: led by Neyland McClellan from the North Charlestown Church of God
  3. Determination of a Quorum and Roll Call: Members present were Ted Little, Brian Hester, Mike Vaughn, Tina Barnes, and JT Cox. Also in attendance were Mayor Bob Hall, Clerk Treasurer Donna Coomer, and city attorney Michael Gillenwater
  4. Approval of Agenda:
    • Mayor Hall asked to add Ordinance 2019-OR-5 to the agenda. This ordinance will create a fund for the utility subsidy upon the closing of the water utility
    • Motion to approve with item added to the agenda made by JT Cox
    • Seconded by Ted Little
    • No Discussion
    • Unanimous approval
  5. Approval of prior meeting’s Minutes, current claims, and Payroll Allowance Docket 02/05/2019 to 02/17/2019 combined into one motion for consideration
    • Motion to approve made by Mike Vaughn
    • Seconded by Brian Hester
    • No Discussion
    • Unanimous approval
  6. Ordinances and Resolutions:
    • Ordinance No. 2019-OR-3 – Checks Over 2 years
      • Mayor Hall explained that these are checks that were issued to vendors and they are two years old but have never been cashed. This ordinance voids these checks.
      • Motion to approve made by Ted Little
      • Seconded by Brian Hester
      • No Discussion
      • Unanimous approval
      • Mayor Hall entertained a motion to suspend the rules in anticipation of passing this ordinance in a second and final reading
        • Motion to approve made by Brian Hester
        • Seconded by Ted Little
        • No Discussion
        • Unanimous approval
      • Mayor Hall entertained a motion to adopt 2019-OR-3 in its second and final reading
        • Motion to approve made by Brian Hester
        • Seconded by JT Cox
        • No Discussion
        • Unanimous approval
    • Ordinance No. 2019-OR-4 –  An Ordinance Amending Ordinance No. 2018-OR-23 An Ordinance Establishing Property Maintenance Standards Within the City of Charlestown, Indiana
      • Motion to approve made by Ted Little
      • Seconded by Mike Vaughn
      • During discussion Council Member Tina Barnes asked for a copy of the letter that discussed the denial of the most recent version of the PMC by the Indiana Fire Prevention and Building Safety Commission. Mr. Gillenwater said he has an email but has not received the letter yet. He said that the city had a representative present at the Commission meeting. Ms. Barnes asked who that representative was and Mr. Gillenwater said it was Mark Crandley from Barnes and Thornburg. Mr. Gillenwater said he will get a copy of the letter to Ms. Barnes.  
      • Mayor Hall called for the vote. Council members Ted Little, Brian Hester, Mike Vaughn and JT Cox voted in favor. Council member Tina Barnes voted no. Motion passed. 
    • Ordinance No. 2019-OR-5 – An ordinance establishing a fund for the utility subsidies
      • Motion to approve made by JT Cox
      • Seconded by Ted Little
      • During Discussion Council Member Tina Barnes asked how much money would be put in this fund. Mayor Hall said he could not remember the actual amount but it is somewhere in the range of $1.7 million and noted that it is a four-year subsidy. Attorney Mr. Gillenwater noted that this ordinance does not transfer money but creates the fund for the money to be transferred into once the sale is completed.. Council member JT Cox asked if the subsidy still followed the breakdown previously approved. Mayor Hall said it does. He said that IAW will send a letter next week to customers explaining that as of March 5th they will take responsibility for the utility and that their first billing will be in April. Mayor Hall said that the City will read the meters by March 5 and IAW will take over from closing. The March bill will be from the city of Charlestown. The subsidy will take place in April when IAW’s rate structure kicks in.
      • Mayor Hall called for the vote and it received unanimous approval.
      • Mayor Hall entertained a motion to suspend the rules in anticipation of passing this ordinance in a second and final reading
        • Motion to suspend made by Ted Little
        • Seconded by JT Cox
        • No Discussion
        • Unanimous approval
      • Mayor Hall entertained a motion to adopt 2019-OR-5 in its second and final reading
        • Motion to approve made by Mike Vaughn
        • Seconded by JT Cox
        • No Discussion
        • Unanimous approval
  7. Adjournment:
    • Motion to adjourn made by JT Cox
    • Seconded by little
    • Unanimous approval

Full audio available here (15:41):

 

Board of Public Works 02/19/2019

7ab1a11b-853b-474b-97c1-1815c11e4bdaThe Charlestown Board of Public Works met for a regularly scheduled meeting (adjusted for a holiday) on Tuesday, February 19 at 9:00 am. Following is a summary of the meeting with full audio (4:17) at the end: 

  1. Call to Order/Pledge of Allegiance led by Michael Gillenwater
  2. Determination of a Quorum and Roll Call – Members present were Ted Little, Ben Ledbetter, and Mayor Bob Hall. Also in attendance were Clerk Treasurer Donna Coomer and city attorney Michael Gillenwater
  3. Approval of prior meeting’s minutes, current claims, and payroll allowance docket 02/05/2019 to 02/17/2019 combined into one motion for approval.
    • Motion to approve made by Ted Little
    • Seconded by Ben Ledbetter
    • No Discussion
    • Unanimous Approval
  4. Eric Vaughn, Director of Economic Development, read in a claim request for a draw for construction related to the police station in the amount of $472,343.49
    • Motion to approve made by Ted Little
    • Seconded by Ben Ledbetter
    • No Discussion
    • Unanimous Approval
  5. Ben Ledbetter, Director of City Services and Board Member, read in a claim request for tree service in the amount of $1,750.00 for D&G Tree Service
    • Motion to approve made by Ben Ledbetter
    • Seconded by Ted Little
    • No Discussion
    • Unanimous Approval
  6. Adjournment
    • Motion to adjourn made by Ben Ledbetter
    • Seconded by Ted Little
    • Unanimous approval

Full audio (4:17) here:

4:17

 

 

Redevelopment Meeting 02/14/2019

City-NEws-e1455073509249The Charlestown Redevelopment Commission met for a regularly scheduled meeting on Thursday, February 14 at 9:00am. Following is a summary and audio (2:53) of the meeting: 

  1. Call to Order/Pledge of Allegiance: led by John Spencer
  2. Determination of a Quorum and Roll Call: Members present were John Spencer, Ted Little, Mayor Bob Hall, Eric Vaughn, and George Roberts. Also in attendance were Deputy Clerk Treasurer Nancy Rogers and city attorney Michael Gillenwater
  3. Approval of prior meeting’s minutes, current claims, and Payroll Allowance Docket from 01/21/2019 to 02/10/2019 combined into one motion for consideration
    • Motion to approve made by George Roberts
    • Seconded by Eric Vaughn
    • No Discussion
    • Unanimous Approval
  4. Mayor’s Report
    • Renaissance Project I – ARC is completing the due diligence report and should have it finished by April 1.
    • Water Sale – Closing scheduled to take place on March 5th
    • Renaissance II Property Purchase – Waiting for the contract on the L&M Bag company for that property purchase. Ted Little asked about the other properties owned by Mack Daddys and Clark Nickles. Mayor Hall said there is an investor looking at those properties now. 
  5. Adjournment
    • Motion to adjourn made by Eric Vaughn
    • Seconded by John Spencer
    • Unanimous Approval

Audio:

Board of Zoning Appeals – 02/11/2019

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The Charlestown Board of Zoning Appeals met on Monday, February 11 at 7:00 pm. Following is a summary of the meeting with full audio (33:55) available at the end: 

 

  1. Call to Order/Pledge of Allegiance 
  2. Determination of Quorum. Members present were Darrell Stidham, Danny Oakley, Barry Early, and Paul Collier. 
  3. Approval of Minutes – No minutes available
  4. New Business
    • Election of Officers
      • Paul Collier made the motion that they keep the same officers
      • Seconded by Danny Oakley
      • Unanimous approval
    • Variance Request for 202 Delta Drive
      • Lora Leann Hardeman, owner, presented a petition to keep an outbuilding or “shed” that they had installed because she did not know that she needed prior approval. Tony Jackson explained that they are asking for a variance for siding, size, and setback.
      • During discussion questions were addressed about
        • The size of the building in relation to the home on the property.
        • Whether or not the owners sought out code requirements in advance
        • State and Local ordinances and processes
        • The type of the building
        • Shape and setback required for the lot
        • The Board’s role in approving variances
      • Tony Jackson helped the owner understand easements around the property line. The owner asked about rules if they got a smaller building and if they could get a variance on the siding of it. Mr. Stidham cautioned about making sure it fits the rules. Tony Jackson offered to help her determine a fix for it.
      • Public comment from Phoebe Fleece 203 Delta Drive, across the street from the property in question. She said she bought her house in 2004 and has worked hard to keep her house and has maintained it well. She said 202 was a beautiful house when she moved in but it was abandoned. She said she was hopeful that when it was bought but it hasn’t been fixed up. She said that she opposes the variance request.
      • Danny Oakley moved that the variance be denied
      • Barry Early seconded the motion and set a 60 day period for correction of the problem.
      • Unanimous approval of motion to deny the variance request with 60 day window for correction.
    • Variance Request 1706 Edgewood Drive
      • Tom Rosenbarger represented Focal Point Homes, located in Marysville. He has been in operation for five years. Focal Point purchased the lot and wants to build a structure similar to the one at 804 Level street. He wants to use stone, cedar shake, and vinyl mixture. Mr. Stidham asked the dimensions. Mr. Rosenbarger said that it will be 50×40 ft. with a front garage on a crawlspace foundation. Barry Early asked about the footing and the builder said they will have it redone because the original purchaser was going to use a slab. Tony Jackson said previous permits existed but since a variance wasn’t requested they need it now. Barry Early noted that houses near this one are vinyl. Mr. Stidham pointed out minimum standards for vinyl. The owner said that roofing will be shingles and downspouts for water will meet code requirements to take water at least 6 feet away from the house.
      • Public Comment – Neighbors across the street approve and are excited to have a house go in.
      • Motion to approve made by John Collier
      • Seconded by Danny Oakley
      • Motion to approve variance received unanimous approval
  5. Adjournment
    • Motion to adjourn made by Barry Early
    • Seconded by Danny Oakley 
    • Unanimous Approval 

Audio here:

Planning and Zoning Commission Meeting 02/11/2019

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The Charlestown Plan commission met for a regularly scheduled meeting and public hearing on Monday, February 11, 2019 at 6:30 PM. Following is a summary of the meeting with full audio available at the end:

  1. Call to Order/Pledge of Allegiance 
  2. Determination of Quorum
    • Members present: William Resch, John Spencer, Brian Hester, Ben Ledbetter, and Tony Jackson
    • Members absent: Darrell Stidham, John Heal, and Lewis “Butch” Love, Jr.
  3. Approval of prior meeting’s Minutes
    • Motion to approve made by John Spencer
    • Seconded by Ben Ledbetter
    • No Discussion
    • Unanimous approval
  4. New Business
    • Morgan Minor Subdivision Preliminary Plat Approval
      • Tony Jackson introduced the topic of a three-lot subdivision between Danbury and Lakeview/Highview. A review shows that the lot sizes are appropriate. The developer has received confirmation from the Board of Public Works for sewer and water capacity. Mr. Jackson mentioned that there were some issues about drainage at first, but they have received a letter of approval from Saegesser Engineering. Mr. Jackson noted that the Developer is responsible for curbs, sidewalks, and gutters. 
      • John Spencer asked about the “performance bond”
      • Tony Jackson said that it deals with the installation of anything that is for public, not private use. Mr. Jackson noted that this is not a very big development, but the performance bond or letter of credit offers a guarantee that the sidewalks, gutters, and curbs will be built. The streets are already platted. There is one section not developed out yet, but it could be in the future.
      • Harold Hart, representative for the developer, addressed the board and showed them renderings of the subdivision plat to make clear the needs on the road.
      • Ben Ledbetter asked at what point the city will take over the street. Tony Jackson said not until the area is built out.
      • Motion to approve preliminary plan made by John Spencer
      • Seconded by Ben Ledbetter
      • No public comment
      • Unanimous approval.
  5. Adjournment
    • Motion to adjourn made by John Spencer
    • Seconded by Ben Ledbetter
    • Unanimous approval 

Audio here:

Charlestown Water Sale Update: NOW, Inc. Challenges Court of Appeals’ Decision

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On January 29, 2019, NOW, Inc. filed a “Petition for Rehearing” with the Indiana Court of Appeals in regard to the sale of Charlestown’s water utility. NOW argues that the Court of Appeals reached their conclusion to support the sale of Charlestown’s water utility to Indiana American Water in error. In their petition, NOW asks that the Court reconsider its ruling and allow the voters of Charlestown to decide “yes or no” if the sale of the utility should go forward. NOW bases their request on an argument that the Court of Appeals misapplied a section of Indiana Code in the process of reaching its decision.

You can read the full petition here: Petition for Rehearing, 2019-01-29

*****UPDTE*****

On Thursday, February 14 the court struck down NOW, Inc.’s petition for rehearing. The order can be read here: Order denying rehearing water 02.14.2019

Common Council Meeting 02/04/2019

City-NEws-e1455073509249The Charlestown Common Council met for a regularly scheduled meeting on Monday, February 4, 2019 at 6:30 PM. Following is a summary of the meeting with full audio (12:20) available at the end:

 

  1. Call to Order/Pledge of Allegiance: led by Alexander Bryant and Christopher Anderson of Boy Scout Troop 4080
  2. Invocation: LC McCawley, Charlestown Church of God
  3. Determination of a Quorum and Roll Call: In attendance were Ted Little, Brian Hester, Mike Vaughn, Tina Barnes, and JT Cox. Also in attendance were Mayor Bob Hall, City Attorney Michael Gillenwater, and Clerk Treasurer Donna Coomer
  4. Approval of Agenda:
    • Motion to approve made by Brian Hester
    • Seconded by JT Cox
    • No Discussion
    • Unanimous approval
  5. Approval of prior meeting’s Minutes, current Claims, and Payroll Allowance Docket from 1-7-19  to 2-3-19
    • Motion to approve made by JT Cox
    • Seconded by Ted Little
    • No Discussion
    • Unanimous approval
  6. Ordinances and Resolutions:
    • Ordinance No. 2019-OR-2 Zoning Ordinance Ace Hardware
      • Mr. Andrew Wright, attorney representing White Rock Capital, LLC (Bradley Holms and Karla Holms) addressed the council. Karla grew up in Salem and she and Bradley want to move back to the area. They’ve purchased property on county road 403 next to Taco Bell. They want to request a rezoning of the property from residential to business so they can build an Ace Hardware store on the location. They have appeared before the Plan Commission where they received approval for the rezoning. Once the site plan is approved they are ready to move forward.
      • Tony Jackson addressed the Council. He pointed out the finding of facts from the Plan Commission that recommends approval.
      • Mayor Hall entertained a motion to adoption of the ordinance
        • Motion to approve made by JT Cox
        • Seconded by Brian Hester
        • During discussion, Mayor Hall asked how large the building will be. Mr. Wright said the initial plan is 15,000 sq ft with a possibility of another building at a later date.
        • Unanimous approval
      • Mayor Hall entertained a motion to suspend the rules and allow for a second and final reading
        • Motion to suspend rules made by Brian Hester
        • Seconded by Mike Vaughn
        • No discussion
        • Unanimous Approval
      • Mayor Hall called for the second and final reading of 2019-OR-2
        • Motion to approve made by Ted Little
        • Seconded by Mike Vaughn
        • No Discussion
        • Unanimous approval
    • Ordinance No. 2019-OR-1 Additional Appropriations Ordinance (Police Station)
      • Motion to approve made by JT Cox
      • Seconded by Ted Little
      • No Discussion
      • Unanimous approval
      • Mayor Hall entertained a motion to suspend the rules and allow a second and final reading.
        • Motion to suspend rules made by Brian Hester
        • Seconded by Mike Vaughn
        • No Discussion
        • Unanimous Approval
      • Mayor Hall called for the second and final reading of 2019-OR-1
        • Motion to approve made by Ted Little
        • Seconded by JT Cox
        • No Discussion
        • Unanimous approval
    • Resolution No. 2019-R-4 – A Resolution Approving an Interlocal Agreement for the Joint Use and Operation of the Jeffersonville-Clark County Animal Shelter
      • Motion to approve made by Mike Vaughn
      • Seconded by Ted Little
      • No Discussion
      • Unanimous approval
  7.  Adjournment:
    • Motion to adjourn made by JT Cox
    • Seconded by Ted Little
    • No Discussion
    • Unanimous Approval

Full audio: