April 9, 2007




The Ellettsville, Indiana, Town Council met in regular session on Monday, April 9, 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 and Phillip Rogers. Sandra Hash, Clerk Treasurer; Mike Spencer, Attorney and Rick Coppock, Town Engineer were also present.  Ted Robertson arrived late.


Supervisors Present:   Jim Davis, Jim Ragle, Ron McGlocklin, Mike Farmer and Frank Nierzwicki were present.  


Approval of the minutes


Dan Swafford made a motion to approve the meeting of March 26, 2007.  Phillip Rogers seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


Dan Swafford made a motion that we pay the Accounts Payable Vouchers.  Phillip Rogers seconded.  Motion carried.




National Exchange Club – Child Abuse Prevention Month “Believe in the Blue”


Darlyne Sowder, representing the Exchange Club read the following: 


We hear about child abuse all the time.  A parent or caregiver inflicts cigarette burns all over a small child.  A child is beaten to death for sucking his thumb.  Almost every news report includes a story about child abuse.  A picture in last Saturday’s Herald-Times showed 57 white crosses representing 57 Hoosier children who died in 2005 as a result of child abuse or neglect.  The numbers continue to rise.  If they survive, abused children grow up to be child abusers unless we break the cycle. 

Exchange Clubs are groups of men and women working to make America a better place to live through one national project, the Prevention of Child Abuse and other community service projects.  To date, The National Exchange Club’s efforts have helped more than 545,000 families and 1.3 million children break the cycle of child abuse through its 114 parent aide programs and public education projects. 

During Child Abuse Prevention Month, members of The Exchange Club of Ellettsville will join thousands of fellow Exchangites across the country for the single biggest child abuse prevention service event in Exchange’s 96-years history.  On Saturday, April 21, they will be participating in the “Believe in the Blue” child abuse prevention project from 1 p.m. to 3 p.m. in front of Buehler’s Buy Low Store in Richland Plaza.  “Believe in the Blue” is an effort to reach families all across the nation with positive parenting tips.  Exchange believes parents have the power to make positive parenting choices in the lives of their children and is offering some easy to use tips to help all parents. 

We encourage you to come by and pick up these educational materials for yourself or someone you know who would benefit from learning how to become better parents.


Dennis Williamson read the Exchange Club Proclamation in its entirety stating child abuse is a serious and growing problem.  The Exchange Club of Ellettsville, through its support of parent aide programs, parenting classes and community service activities, is making significant progress in stopping this crime. The Ellettsville Town Council hereby proclaims the entire month of April shall be observed as Child Abuse Prevention Month and urge all citizens to use this time to better understand, recognize and respond to this grievous problem.  Please show your support by wearing Exchange’s Blue Ribbon pin, which symbolizes Child Abuse Prevention Awareness, during The Exchange Club of Ellettsville in its Blue Ribbon Awareness Campaign.


Dianna Bastin made a motion to adopt the Proclamation for Child Abuse Prevention month.  Phillip Rogers seconded.  Motion carried.




Resolution 04-07 Additional Appropriation from the Rainy Day Fund


Sandra Hash explained this is a request to the Department of Local Government Finance for permission to spend $21,000 from the Rainy Day Fund.  With Council approval she will forward the information to the DLGF for their approval. 


Dianna Bastin made a motion we adopt Resolution 04-07 Additional Appropriation.  Phillip Rogers seconded.  Roll Call vote:  Dennis Williamson – yes; Dan Swafford – yes; Dianna Bastin – yes; Phillip Rogers – yes; Ted Robertson – no.  Motion carried 4-1.


The following discussion took place before the vote was taken


Dan Swafford asked how long will it take for this to be approved.  Sandra answered it is supposed to be approved within two weeks after the DLGF receive the request.  The 2007 budget has not been certified due to the changes in the tax assessments the figures are not complete.  The additional appropriation can not be approved until the 2007 budget is certified. 


Ted Robertson commented the Rainy Day Fund should be used towards unexpected finances such as dealing with the aftermath of a tornado or other emergencies and “must do” expenses.


New Business


RBBYS Request closing Park Street between Turtleback Creek and Ritter Street for opening day April 28th


Amy Phillips announced opening day will be April 28, 2007 and for safety reasons they are requesting that section of the street be blocked off.  Children run between concessions and the ball field. 


Dianna Bastin made a motion that we approve RBBYS Request to close Park Street between Turtleback Creek and Ritter Street for opening day April 28th.  Phillip Rogers seconded.  Motion carried.


The following discussion took place before the vote was taken


Dennis asked Jim Davis, Jim Ragle and Ron McGlocklin if there were any questions with this.  Ron McGlocklin added this is done each year. 


Capitol Avenue Apartments request Final Plat


Frank Nierzwicki, Director of Planning Services explained the petitioner is requesting final plat approval for the Capitol Avenue Apartments.  The request covers four of the ten apartment units that were approved by the Plan Commission and Town Council in 2006.  The petitioner has filed with the Planning Department a letter of credit in the amount of $19,800.00 to cover required improvements within the development.  The figure for these improvements such as street, trail and sidewalks were approved by the Town Engineer.  According to 153.030 of the Ellettsville Town Code, it allows the Director of Planning Services to approve final plats when the final plat is substantially in compliance with the preliminary plat.  The Capitol Avenue Apartment final plat is substantially in compliance with the preliminary plat.  The final plat is being brought to the Town Council because of its high profile and the ongoing concerns of the neighbors.  The Planning Department and Town Engineer have been working with the petitioner concerning construction issues.  If construction and Rule 13 (environmental) issues are not followed, the Town can impose fines on the petitioner.  The construction issues and final plat approval are separate issues.


Dan Swafford asked if the future phases were given a completion time limit.  Frank said this project was given seven years to finish.  They can not receive occupancy permits after that time period without coming back to the Plan Commission and Town Council.  Dan clarified the time limit was on the whole project.  Dan asked if money has been reimbursed to the Town from the contractor for work the Town has done.  Frank Nierzwicki explained the Town Engineer is under contract with the Town and he has not separated the costs.  Dan asked Sandra if she knew the costs and reimbursement amounts.  Sandra said the Sims have paid approximately $500 for the development fee and final plat.  She will have to contact Bynum Fanyo to get a break down of their fees.  Dan requested this be tabled until the amounts are received. 


Bernie Guerrettaz of Bledsoe, Riggert and Guerrettaz commented on the fees that are charged (utilities, erosion control, Rule 13) with new developments.  He believes the Town Engineer has contact with the contractor as a normal operating procedure.  Bernie could not speak for Bynum & Fanyo’s invoicing practices but went on to give his opinion on the fees incurred by the Town due to the problems on site at Capitol Avenue.   He has reviewed Frank Nierzwicki’s Staff Report and they are in compliance with the preliminary plat.  The lots and location have not changed.  There will be parking areas to the north that will be used as staging to get the construction equipment off of Capitol Avenue.  They are looking forward to moving ahead. 


Frank Nierzwicki announced the Plan Commission fee schedule has increased this year.


Bernie Gurrettaz pointed out on the Letter of Credit estimate; they have $3,000 for erosion control and maintenance.  The Town has the money if the contractor does not comply.  The Town has resources to draw on if necessary.


Chris Sims, developer of Capitol Avenue Apartments apologized to the neighbors for the mud on the road.  He explained this has been an unusually wet winter and the contractors have done what they could to deal with it.  Phase I takes care of a substantial part of the infrastructure.  A lot of water line ditches, sewer mains and storm boxes should be finished within the next thirty days.  He asked the process not be delayed; his financing is tied to final plat approval.  The issues with erosion control are not tied to final plat approval. 


Ted Robertson asked about the numbering system of the project; (7, 6, 9 & 10) are there other buildings that exist?  Chris Sims explained this was an engineering decision to start with building 9 & 10 which was closer to the road.  There are no other buildings under construction at this time.  He is hoping to see occupancy permits as soon as thirty days; drywall is being hung now.  It is important to get final plat approval.  He has done everything exactly as stated on the preliminary plat and it would be important to get this approved.  Dennis Williamson asked when the deadline for final plat approval is.   Chris answered within the next few weeks; normally this would not come before the Town Council and the Planner would approve this but Frank suggested this be brought before the Town Council.  Ted Robertson clarified 40% of Phase I is finished which is four buildings.  Chris Sims added the common parking areas are complete and the other two buildings are ready for the foundation work. 


Frank Nierzwicki stated the Indiana General Assembly had a rule pass at their last session concerning projects; once they are started you can not keep changing the fee issues.  He explained if the Sims came in later there would have been additional fees but we can not retroactively charge them for grading. 


Doug Norton, 5120 N. Capitol Avenue accepted Chris’ apology.  He asked if there are going to be anymore cuts in the road.  Bernie answered (from the audience) there will be one more cut by a sanitary man hole going east.  Doug Norton requested the cuts be repaired before the project is finished.  Chris said they will resurface past the second parking lot by the end of the summer.


Fred Baugh, 5114 Capitol Avenue resident said the contractors have done what they could do with all the rain.  The area has been messy.  Fred Baugh had a Monroe County surveyor come out to survey his property and they could not find the rebar on the corner.  The rebar was supposed to be 113 feet due south of the oak tree.  He wants to make sure no one puts anything on his property and asked how close the building parking lots are to his property.   He asked how far a property line is supposed to be building from property line to property line.  Bernie answered twenty feet but there is extra landscape buffer with the pine tree on the north end.  Bernie also stated, in the 90’s the corners were all found and there will be a green space and a tree buffer.  Dianna Bastin apologized to Mr. Baugh; she was at the property when the surveyor was there.  She did not know enough about all this to give him an answer on the missing stake. 


Rick Coppock has spent time at this property to verify erosion control.  He has sent a couple of letters to address some concerns.  As of last week the inspections were all good and in accordance with the plan with some additional erosion control measures.  Dianna asked if the “trips” were routine; normal inspections.  Rick said not all were routine especially when he has to return after five days.  He stopped by the project when he was in the area but no one asked him to go out to the site.   


Dan Swafford asked Rick if the Town encumbers the cost every time he stops by the project.  Rick answered the Town encumbers the cost and went on to explain if he stops and finds something he has to write a report, check the code and the costs are incurred by the Town.  This is the standard procedure and more inspections have been done in the last year due to the change in the erosion control requirements in Rule 13. 


Dennis Williamson asked Sandra to table this until the next meeting. 


Board Comments


Ted Robertson was asked by the public why he opposed the Ford SUV and explained he believed the vehicle was ordered from Bloomington Ford before the Town Council had voted on purchasing the vehicle.  Unfortunately the funds were to be taken from the Police Cumulative Capital Development Fund.  It was later shown this was not a legal use for these funds as they are only for new police and fire vehicles and other purchases such as sidewalks.  He believes the money spent on this SUV could have been budgeted for more practical purposes or for a secretary for the Planning Department.  As far as he is aware, the Planning Department used its current vehicle, a retired police car, for 4,000 miles or less last year.  Maintaining the vehicle is the responsibility of the department that owns the vehicle. The required maintenance would be a battery, fixing a headlight switch, radio and hubcaps.  He suggests that perhaps a quality used vehicle could have been purchased instead of a brand new vehicle and this option was not shown any interest by those he spoke with. 


Dennis Williamson thanked Dan for filling in for him last month.   He announced the School Board appointed Jimmy Durnil as a Parks and Recreation Board member.  He will be replacing Edwin Macatangay who served six years. 




Phillip Rogers made a motion we adjourn.  Dianna Bastin seconded.  Motion carried. Dennis Williamson adjourned the meeting at 8:14 p.m.