April 23, 2007




The Ellettsville, Indiana, Town Council met in regular session on Monday, April 23, 2007, at the Fire Department Training and Conference Room.  Dennis Williamson called the meeting to order at 7:30 p.m. with prayer and the Pledge of Allegiance. 


Roll Call:  Members present were Dennis Williamson, President; Dan Swafford, Vice-President; Dianna Bastin, Ted Robertson and Phillip Rogers. Sandra Hash, Clerk Treasurer; Mike Spencer, Attorney and Rick Coppock, Town Engineer were also present.  


Supervisors Present:    Jim Ragle, Bill Headley, Chuck Jacobs, Mike Farmer, Jeff Farmer and Frank Nierzwicki were present.  


Approval of the minutes


Dianna Bastin made a motion to approve the minutes of the Regular Meeting April 9, 2007 and the Executive Session April 10, 2007.  Phillip Rogers seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


Dan Swafford made a motion we pay the Accounts Payable Vouchers.  Dianna Bastin seconded.  Motion carried.




Proclamation for Main Street


Sandra Hash read the proclamation in its entirety.  Historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character. “Making Preservation Work!” is the theme for National Preservation Month 2007, cosponsored by Ellettsville Main Street, Inc. and the National Trust for Historic Preservation.  The Ellettsville Town Council hereby proclaims the entire month of May 2007 be observed as National Preservation Month.  We congratulate Ellettsville Main Street, Inc for its success in facilitating the establishment of the Ellettsville Downtown Historic District; placing it on the National Register of Historic Places. 


Jeana Kapczynski, Ellettsville Main Street presented the original certificates from the State and the National Register.  These certificates will be displayed within the Town.  She invited everyone to attend an informational workshop regarding the Ellettsville Downtown Historic District which is now listed in the National Register of Historic Places.  The meeting is Wednesday, May 2nd from 7 – 8 p.m. at the Fire Station.  There will be a speaker from the State to talk about the possible tax credits available to the property owners. 


Dianna Bastin made a motion to adopt the Proclamation for National Preservation Month for Main Street.  Phillip Rogers seconded.  Motion carried.


Proclamation for the Edgewood Basketball Team


Dianna Bastin read the proclamation in its entirety.  The 2006-2007 Edgewood High School Mustangs basketball team, coached by Ellettsville native and EHS graduate Jay Brown finished the season ranked No. 1 in the state for all Indiana Class 3A basketball teams.  Edgewood was the only team in the state to finish the regular season unbeaten at 20-0 and ended the season with the best record in Edgewood school history at 22-1.  Edgewood defeated both Bloomington North and South to be County champions and won the Western Indiana Conference title with a perfect record.  The Edgewood team included eventual 2007 Indiana Junior All-Star Garrett Butcher who earned an appearance in next’s season’s prestigious Hall of Fame Classic at New Castle.  The 2006-2007 Edgewood High School Mustang basketball team represented their school and entire community with class and dignity, bringing statewide recognition to Edgewood High School and the Town of Ellettsville.  The Town Council of Ellettsville congratulates a successful and prestigious season and hereby proclaims the entire month of May 2007 shall be observed as Edgewood High School Basketball Month and urges all the citizens of Ellettsville to recognize their accomplishments.  Dianna Bastin made a motion that we approve the Proclamation for the Edgewood Basketball Team.  Phillip Rogers seconded.  Motion carried. 


Public Hearing for the Early Childhood/Lifeway Baptist/Chapel Hill Wilderness LLC Annexation


Frank Nierzwicki, Planning Director of the Town of Ellettsville presented an annexation that came through last fall.  It was brought to his attention that one of the legal descriptions was in error.  To correct this, it was resubmitted.  Dennis Williamson requested any public comments from the original meeting be put into these minutes. 


From the October 23, 2006 Town Council Meeting:  Dr. Edington missed the Plan Commission meeting where this was discussed but added the School District is looking forward to annexation and partnering.  It does not change the tax status.  They are working with the Town and County to apply for grants for a connector road from Sycamore Drive to State Road 46.  He feels being annexed will put them in a more favorable position for any grants.  He is looking forward to someday having a straight, safe access to State Road 46.  This is their number one focus and being annexed should help in the efforts. 


Ordinances on First Reading


Ordinance 07-03 amending Ordinance 06-20 concerning the annexation of the Early Childhood/Lifeway Baptist/Chapel Hill Wilderness LLC


Frank Nierzwicki explained this is the first reading of the ordinance to annex the property that was just discussed.  He presented a map showing the area on the north and south side of State Road 46.


Ordinance 07-04 to adopt supplement 2007 S-4 to the Town of Ellettsville Code of Ordinances


Sandra Hash stated this ordinance is to accept the Supplement to our Town Code.  She sent in all of last years ordinances to American Legal and they put them into code form.  This ordinance is to accept them and this is done every year.  




Resolution 05-07 to adopt a written fiscal plan for the Early Childhood/Lifeway Baptist/Chapel Hill Wilderness LLC


Frank Nierzwicki explained the Fiscal Plan on this annexation is the same one submitted and approved last fall. 


Dianna Bastin made a motion that we adopt Resolution 05-07 to adopt a written fiscal plan for the Early Childhood/Lifeway Baptist/Chapel Hill Wilderness Annexation.  Dan Swafford seconded.  Motion carried.


New Business


Capitol Avenue Apartments request Final Plat


Frank Nierzwicki stated the petitioner is requesting final plat approval tabled at the last meeting. 


Dianna Bastin made a motion we approve Capitol Avenue request for final plat.  Phillip Rogers seconded.  Roll call vote taken:  Dennis Williamson – yes; Dan Swafford – yes; Dianna Bastin – yes; Ted Robertson – yes; Phillip Rogers – yes.  Motion carried 5-0.


The following discussion took place before the vote was taken


Dan Swafford stated fees and scheduling had nothing to do with the final plat.  He did not have time to review the final plat because he was not on the Council last fall.  Upon his review of the current fees, he found the Town is paying some of the contractor’s fees.  The Town will need to look at this.  Dennis Williamson thanked Rick Coppock for the break down of the fees and annual report. 


Sherry Hayes, local property owner questioned compliance.  During the last meeting, it was brought up the builder was in substantial compliance and what does this mean to the taxpayers?  What waivers were given to this development?  Frank explained “substantial” is used in the Town Code.  There were eleven stipulations with the development on record.  They have been working with the developer on this.  It was asked from the audience “what is not in compliance?”  Frank answered he could not find anything that was not in compliance.  He quoted the language in the Town Code stating as the Director of Planning Services, he can sign off on the final plat. 


Request for a new commercial building next to the professional medical building on West State Road 46


Frank Nierzwicki presented a professional building that will be located on State Road 46 next to Ellettsville Medical Office and Southern Indiana Pediatrics.  This was brought to the Town Council as a courtesy regarding commercial development in the area.  The Plan Commission approved this. 


Kenny Williams of KNJ Enterprises, LLC is proposing this project.  The project is a three unit professional building with his Edward Jones office located there.  This was approved by the Plan Commission with two contingencies; a sidewalk connecting the parking lot to State Road 46 and a landscape plan.  He included the landscape plan and is requesting approval.  There is no interest in the other two offices at this time. 


Mike Spencer asked why this is coming before the Town Council.  It is his understanding this is a legitimate use.  Frank said this was information for the Council.  Dennis Williamson clarified the Council does not need to make a motion or vote on this. 


Agreement between the Town of Ellettsville Utilities and Crider & Crider


Mike Farmer, Ellettsville Utilities reviewed the information that was sent to the Town Council members amending the original agreement between Ellettsville Utilities and Crider & Crider.  He gave a summary of the original agreement; the Town installed a booster station on Centennial Drive that was originally going to be in Deer Park.  Crider & Crider, who owns Highland Park, planned to develop the area and it was decided to put the booster on to a property provided by Crider & Crider.  The original agreement had the Town installing an additional 3,000 feet of water pipe through Highland Park II and in return Crider & Crider would pay for some of the water pipe used just for the booster station system.  The Utilities Department thought the Crider Development would have been completed by now.  The Utilities Department would like to be relieved of the obligation of installing the additional 3,000 feet of piping and in return Crider & Crider has asked to be relieved of their cash contribution to the project.  The agreement was of like value when it was originally agreed upon.  Mike Spencer prepared an amended contract. 


Dianna Bastin made a motion that we approve the agreement between the Town of Ellettsville Utilities and Crider & Crider as amended and with the date changed under #3 to the 12th day of June 2006.  Phillip Rogers seconded.  Motion carried. 


The following discussion took place before the vote was taken


Dan Swafford asked where the booster station is located.  Mike Farmer said the booster station was installed last fall on Centennial Drive.  The Utilities Department upgraded some of the pipe across Crider’s property from 6 to 8 inch and made a connecting water main through the Headley property over to Springs Valley.  The system is all interconnected and serves Springs Valley, Woodgate Subdivision and Meadow Woods.  It serves about 400 homes and they have received a lot of good comments. 


Ted Robertson asked about the date on the contract.  Sandra Hash clarified the date is supposed to be June 12, 2006.  Mike Farmer said Crider & Crider is going to build but he does not know when. 


Supervisor’s Comments


Mike Farmer, Ellettsville Utilities announced to the Council he has hired a Seasonal employee.  This position is a basic laborer through the summer into the fall.  His name is Brandon Correll.  There is a Temporary Full-time position (lasting 9 months) still open with a CDL requirement. 


Jeff Farmer, Ellettsville Utilities stated when the Town created a Storm Water Utility the Town asked the Utilities Department to come up with a way to bill the customers.  In doing so he has found their current computer system would not work and needed more hardware and software.  He has met with Dan Swafford, Dianna and Sandra.  They have received bids from four different companies.  The Utilities Department deals with a company called Akento and received a proposal from them also.  For the Town to move forward we need to upgrade the system.  The contract is for $9,500 and they would like this to be voted on tonight.  Sandra explained the change over schedule and went on to say they would like this to be done the third week in May.  In order to get to that point, the hardware needs to be installed.  Dan Swafford is very pleased with the outcome of this contract.  Jeff explained Akento is fifteen minutes away and has serviced the Wastewater Treatment Plant in the middle of the night during an emergency situation.  This will take care of the Storm Water program.  Jeff would like this to be approved tonight; the agreement between the Corporate Town of Ellettsville and Akento.   The original paper would require the Town Council President’s signature.  Mike Spencer stated this was a proposal and not a contract.  Jeff agreed and said it was a standard agreement.  Sandra went on to say it includes per hour costs for service calls and after hour calls.  Dan Swafford read over the agreement and changes were made (rate was lowered, the service was upgraded). 


While the agreement was being looked over, Jeff thanked the Board for the recognition given to the basketball team.  It is noticed by the coach, staff and the kids and means a lot.  Coach Brown was asked to coach the Junior All-Star team. Coach Brown and Jeff will be coaching an East West All-Star team.  The Junior All-Star team will be playing in Ellettsville.  Dan Swafford thanked Jeff for all his work with the team. 


Dennis Williamson asked if we have a current contract with Akento.  Sandra said the Sewer Plant has worked with this company without a contract.  There was review and discussion about the contract.  Dan Swafford reiterated this needs to be passed; the Storm Water needs to be up and running.  Mike Spencer said the contract is confusing.  The agreement is for service and not the purchase of anything.  Dan clarified he looked over the computer equipment and not the Terms and Conditions.  Mike Spencer questioned different parts of the contract.  Jeff clarified the process is to update our computer system.  Mike Spencer went on to say the contract is for buying product, labor and service.  Jeff explained the equipment is listed on the front page with installation charges.  There was some more discussion and a decision was made to table this until the next meeting. 


Public Comments


Sherry Hayes asked what controls are being instituted so major purchases can not be made without majority Board approval.  What goals have been set as a Board to accomplish?  She suggested the budget be tied to goals.  Each department head should submit budget requests that are tied to goals to be accomplished.  By setting goals each year, the Town can track accomplishments, organize multi-year projects and produce a visible work product to show taxpayers. 


Board Comments


Sandra Hash announced she will be on vacation starting April 30 for two weeks.  Amber will be in the office. 


Dennis Williamson stated next week is National Prayer Week. 




Dianna Bastin made a motion we adjourn.  Phillip Rogers seconded.  Motion carried. Dennis Williamson adjourned the meeting at 8:10 p.m.