The Ellettsville, Indiana
Roll Call:†† Members
present were: †Sandra Hash, President, Terry Baker, Vice
President, Dan Swafford, and Don Calvert.†
Approval of the Minutes
Sandra Hash- October 2nd and October 21st meeting minutes, are there any additions or corrections?
Swafford- I make a motion to approve
of the October 2 and
Old Business -None
Request for a one lot subdivision at 4770 and 4724 West SR 46
Sandra Hash- Is Robert Myers here to speak?
Robert Myers- I am the Chairman of the Board for Kocolene Marketing; we own the Fast Max gasoline station.† Our neighbors are Mr. and Mrs. John Williams. They own the property immediately to the west of our property.† Between our two properties are a line of trees, owned by the Williamsí.† They are an elderly couple and he doesnít want any responsibilities for the trees.†
Our survey indicates they own the trees.† We had the property surveyed again to prove to Mr. Williams he owns the trees.† He said he canít take care of the trees.† He asked if we would take over the property.† He wanted to gift us the property.†
At this time we have taken over the property.† He has deeded it over to us, by a quick claim
deed.† I thought the process was
completed, but then we were told that we need to get this taken care of with
the county and the Town of
We want this on the role, so we will pay the taxes on this property.
Sandra Hash- I think this is a nice gesture for you to take over this property.† Iíve spoken with the prior owners.
Dan Swafford- What about the zoning?
Dan Swafford- It is C-3 now?
Dan Swafford- So, we need to do two things.
Dan Swafford- Would this be a two lot subdivision?† What would the original stay?†
Sandra Hash- What does the rest of the line indicate?
Myers- This is the Williams
property.† The reason for two lines, one
was from an older survey, it was the west line, and the new survey shows the
east line.† There is a dispute to which
line is the most accurate, although the new line has the newest
Sandra Hash- Do you have any comments Rick?
Dan Swafford- But, if he would later rebuild the station, where you would expand, you may want to absorb some of the property.†
Robert Myers- Iím not sure if the county would allow this, because when we built this facility originally, I was involved with the development of that corner.† The county required us to put in $30,000 worth of landscaping. I donít think the county would allow us to remove the landscaping.
Dan Swafford- But now you are in Ellettsville, so you would deal with Ellettsville from now on, which we arenít as tough.† We annexed that property about four years ago.
Robert Myers- We donít have any plans to remove the trees/landscaping.
Sandra Hash- So, if we approve of the one lot subdivision then the zoning will stay R-1, but it doesnít matter one way or the otherÖÖ
Sandra Hash- Changed to a C-3 instead of an R-1.
Dan Swafford- If he were to come back later on and heís wanting to expand his building and relocate it on the parcel a different way, then it would be nice to make it a C-3 now, instead of dealing with it in 10 to 15 years.
Robert Myers- Would it be easier to do that tonight?†
Sandra Hash- Is this a preliminary plat?
Terry Baker- Itís a subdivision.†
Sandra Hash- So, it just requires approval by the
Sandra Hash- Are there anymore questions?†
Swafford- Iíll make a motion to
approve of the one lot subdivision at 4770 W. SR 46,
Terry Baker- Second.
Sandra Hash- All those in favor, say aye, all in favor, motion carries.†
Sandra Hash- Next we have town code changes.
Sandra Hash- The only thing I have a concern about is- Indiana Code lays out a certain way we are to enforce the grass and weeds and I thought it was a requirement on the certified.† I know you are requesting to do away with the certified mail and post on the door and do first class mail.† So, I would ask before we finalize that you confirm, because right now it mirrors Indiana Code, and I know we can do some things different than Indiana Code, and there are some things we canít.†
Sandra Hash- I would still like to see what Indiana Code says, before you send it to Mike.††
We are looking at the issue on that, which was
Sandra Hash- Have you talked with the Police Dept. they make their own badges.†
Dan Swafford- Where were these changes, did you put them in the packet?
Sandra Hash- There was a packet on the 21st.†
Dan Swafford- I would like some time to review the proposed code changes.
Sandra Hash- So far I donít see a problem with anything.
I think this will help, Connie and I have gone out in the town vehicle, but that is our only identification.† This is really a must for us.
Don Calvert- They are also asking for the ability to issue fines.
Sandra Hash- Would you need all deputies to have the ability to issue fines?† The deputies would do the inspections and keep things organized, but as long as you sign off on the fines.
Sandra Hash- I think they could write the violations, but to say they are issuing the fines.
Dan Swafford- I donít think the citation should have the officers name, it should have Frankís name.†
Sandra Hash- They could sign off as the investigative officer, but to have everyone from the street, police and planning dept. to issue violations, the fines go with the violations.
Russ Ryle- Is there a process to appeal.
Sandra Hash- Yes, we are going to have an appeals board, weíve discussed that before.
Russ Ryle- If you have 8 to 10 people going around town issuing tickets what keeps two or three of them from giving me the same violation notice on the same day?† When they donít know each other has been there.
Russ Ryle- Well, not if you have police and everybody running around, especially with the different shifts.
Sandra Hash- But, see thatís where it becomes an issue, Mike Spencer thatís something heís not going to do, and there are some townís where the police officers enforce all of their codes, including weeds and grass.† So, you need to decide if they are going to have the right to write, because we are talking about the grass and weed violations, including the Marshal and deputies.† In the minutes, anyway.
Russ Ryle- Under what instructions are you going to give him when you give him this document?† It seems like you are asking him to create the document.
Sandra Hash- So, are you saying you want each point to have motions and accept them tonight?
Sandra Hash- I understand.† I donít have a problem with having additional deputy health officers in the street department, they make great eyes, and I donít care if the Town Marshall and his deputies assist you and they definitely have the authority to enter into premises with you, they have more authority than other health officers.†
Dan Swafford- Do you guys carry radios?
Swafford- What does the
Dan Swafford- What I was thinking if there was a violation someone could report back to Connie or whoever is in the Planning Department at the time by the radio, and she could make notes.† That way we wonít have people issuing the same violation.
Sandra Hash- I understand the issue with the certified letters, once you have a person that violates multiple times they learn they donít want to pick up the letters, and then the money is wasted.† I understand you are trying to fine tune it a little bit.† It is a good idea, but maybe we need to look at Indiana Code to fine tune it.†
After the discussion went on for several more minutes, it was found that the method of presenting the code changes was too confusing.† It was suggested to revise the method of presentation with strike thru lines and highlighting, as well as having the original code, with the proposed changes underneath, for easier review and discussion.† The meeting closed with this suggestion.†††
Privilege of the Floor- Non Agenda Items -None
Terry Baker made the motion we adjourn.† Dan
Swafford- I second.† Sandra Hash- All in favor say aye.† Meeting adjourned at † Next meeting