April 26, 2004







The Ellettsville, Indiana, Town Council met in regular session on Monday, April 26th, 2004 at the Town Hall.  Patrick Stoffers called the meeting to order at 7:30 PM.  Lisa Creech led in prayer and David Drake led in the Pledge of Allegiance. 


Roll Call: Patrick Stoffers asked for roll call of the Council Members.  Members present were Patrick Stoffers, President; David Drake, Vice-President; Phillip Rogers, Lisa Creech and William Evans.  Also present were Sandra Hash, Clerk-Treasurer; Jeffrey York, Planning and Zoning Administrator; Mike Spencer, Attorney and Rick Coppock, Town Engineer. 


Supervisors Present:  Jim Davis, Jim Ragle, Ron McGlocklin, Mike Farmer and Jeff Farmer.


Approval of the meeting minutes for April 12th, 2004


Lisa Creech made a motion to approve the minutes for April 12th, 2004.  David Drake seconded.  Motion carried.


Action to pay Accounts Payable Vouchers


Lisa Creech moved to pay the accounts payable vouchers.  David Drake seconded.  Motion carried.




Resolution 13-04 Transfer of Funds


Lisa Creech read the resolution in its entirety. 


From:  MVH-122 Group Health Insurance                             $215.00

To: MVH-123 Unemployment Insurance                               $215.00


William Evans made a motion to approve Resolution 13-04.  Lisa Creech seconded.  Motion carried.


Ordinances on Second Reading


Ordinance 04-08 to amend Title XV of the Ellettsville Town Code entitled “Land Usage” concerning Parking, Loading and Driveways


Jeffrey York explained this amendment will be a good addition to the previous ordinance which did not include any loading requirements or provisions for the disabled.  The amendment also defines regulations for parking space dimensions, paved parking standards including lighting, off street parking and regulations for single and two-family residential parking.  He pointed out that ancillary drives in subdivisions can be gravel unless specifically not allowed in the “Covenants and Restrictions” of the resident’s particular subdivision.   Single and two-family residences not located in recorded subdivisions will be allowed to have gravel drives.  A Driveway Permit with a fee will now be required for installation of all driveways, including new driveways and alteration of existing driveways.  A fine schedule was established for violating the regulations of this ordinance. 


Patrick Stoffers asked where people would go to pay for their driveway permits. 


Jeffrey York said the fee will be $25 and should be paid at the Town Hall the same as building permits.  He said when driveway permits are applied for they need to prepare a site plan which he will assist with and the drive must be constructed according to the requirements as set forth in this new amendment which includes being bound by landscaping.


Lisa Creech pointed out this ordinance will prevent parking on the lawns.


David Drake commended Jeff for his quick and thorough action on this parking issue. He stated this has been a big issue for the Town for a long time and Jeff has came up with a good solution to the problem.


David Drake made a motion to adopt Ordinance 04-08.  Lisa Creech seconded.  Motion carried.


New Business


Agreement for the purpose of Right-of-Entry by the Indiana Department of Transportation onto Private Property located in Campbell’s Park at the intersection of Campbell’s Park Drive and Park Street


Jeffrey York explained this agreement will allow INDOT to enter the property to construct a bridge on Hartstraight and Park Street so Hartstraight Road can again be accessed from Park Street.


Lisa Creech thanked INDOT, Peggy Welch and Vi Simpson for making this possible.


Patrick Stoffers thanked Lisa Creech for all of her hard work to get the ball rolling on this issue as well.


Lisa Creech made a motion to approve the Agreement for the Right-of-Entry by INDOT onto Private Property located in Campbell’s Park at the intersection of Campbell’s Park Drive and Park Street.  David Drake seconded.  Motion carried.


Comments from Mike Spencer – Dana Harper


He addressed the issue of the Equal Employment Opportunity Commission (EEOC) complaint filed by former Reserve Officer Dana Harper this year.  He explained Ms. Harper was an Ellettsville Police Reserve Officer and became pregnant while still actively participating on the force.  After she informed the Police Department she was pregnant she was asked to turn in her certification. There was some question if she was asked or volunteered to turn in her certification and stop performing duties as an active Reserve Police Officer.  She did do that.  Subsequently she wrote a letter to the Council indicating dissatisfaction at the way that was handled.  At that point in time she was terminated as an Ellettsville Police Reserve Officer. She subsequently filed an EEOC compliant alleging she had been discriminated against because of her pregnancy.  The Town, as you know, took the position that was in fact incorrect, but the EEOC did subsequently determine there was probable cause to believe that she had been discriminated based upon pregnancy.  After they investigated and held an Executive Session the board was amiable to conciliation on this issue.  Therefore, he has prepared a Conciliation Agreement and submitted it to the board for signature.  He has reviewed it and feels it reflects essentially the things talked about at the executive session. It seems the most reasonable way to resolve this dispute.   This would allow Ms. Dana Harper to be reinstated as a Police Reserve Officer for Ellettsville Police Department and have her credentials returned to her.


Another thing discussed within the Conciliation Agreement is that the town would maintain a policy of non-discrimination with respect to all employees concerning pregnancy.  It is his position that the policy was in effect at the time this occurred.  The Town is considering some changes in the Policy and he will fine tune it to make sure it complies with this Conciliation Agreement.   He added it was not the Town’s intent or desire to discriminate against anyone on any basis.  They will not do so in the future and from their perspective did not do so in the past, but in an effort to resolve this matter agreed to this conciliation agreement and Resolution.


Resolution 14-04 Approving the Conciliation Agreement with the EEOC


Patrick Stoffers read the resolution in its entirety.  Lisa Creech made a motion to approve Resolution 14-04 being that we will reinstate Ms. Harper and give her credentials back dated 4-27-04.  David Drake seconded.  Mike Spencer added the Conciliation Agreement needed to be dated with today’s date and signed as well to be included with this Resolution.  Motion carried. 


Supervisor’s Comments


Jeffrey York said Geraldine McIntyre had called and requested a letter from the Town Council be written to the Senators, Representatives and the Governor in support of keeping Crane Naval Base operational.


Patrick Stoffers requested Jeff to draft the letter and he agreed.


Jim Ragle said Don Cowden, owner of the Village Inn asked him to find out how he could have the dead end of Vine Street vacated so he could use it for parking for the Village Inn.


Mike Spencer said there are procedures to follow to vacate streets.


Sandra Hash stated Don Cowden needs to come in and speak to Jeffrey York.


Rick Coppock wanted to give an update on Rule 13 concerning the storm water quality program required by IDEM.  On May 3rd he will be submitting Part B about the characterization of the Town along with a map of the area which is our next step to meet the requirements set by IDEM.  He explained Part B gives the characteristics of the Town as well as gives the details of what types of runoffs and components go in to the various tributaries of Jack’s Defeat Creek including a small portion that goes into the waters of McCormicks Creek.  He said the Town is approximately 70% residential and rest is commercial and schools. 


Sandra Hash stated the thank you poster (in the back of the room) was sent to the Town from a second grade class that Pat Stoffers, Phil Rogers, Jay Humphrey and she had visited recently to inform the children about local government during a question and answer session.    


Patrick Stoffers thanked Sandra for her help in the mock Council meetings they held for fourth graders at the Town Hall today.


William Evans read a letter of appreciation sent to Commander Bill Benningfield of the Ellettsville Police Reserves regarding the professionalism of two of the Reserve Officers - Charles Jacobs and Jay Scott Ferguson.  The letter explained during the weekend of March 26th her Brinks security alarm was activated accidentally by her dog and the Police were alerted.  She wanted to express her thanks to these Officers for their polite and professional manner and apologized for taking up their valuable time with a false alarm.   She added everyone usually lets someone know when things go wrong but not usually with things go right. 


David Drake announced he will be moving on May 14th out of Ward 2nd and will officially resign from the Council effective the same date as required by State law since he will be leaving his elected ward position.  He will have one more meeting left before his resignation is effective.  He said he appreciated the opportunity he was given to represent the citizens on the Council for the last four years and thanked the voters who had re-elected him last November.  He’s lived in Ellettsville for the past six years and plans to stay in the area.


Patrick Stoffers said he was sorry to see David resign and that he would be hard to replace.  The Council agreed.




Patrick Stoffers asked for a motion to adjourn.  William Evans made a motion to adjourn the meeting.  Lisa Creech seconded.  Motion carried.  Meeting adjourned approximately at 7:58 PM.