August 11, 2003





The Ellettsville, Indiana, Town Council met in regular session at 7:30 PM, Monday, August 11th, 2003 at the Town Hall.  David Sorokoty called the meeting to order.  Ray Freetage led in prayer.  David Drake led in the Pledge of Allegiance. 


Roll Call


David Sorokoty asked for roll call of the Council Members.  Members present were David Sorokoty, President; David Drake, Vice-President; Lisa Combs-Creech, Ray Freetage and Geraldine McIntyre.  Also present were Sandra Hash, Clerk-Treasurer, Suzanne Sturgeon, Attorney and Rick Coppock, Engineer.


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


Approval of the regular and Budget meeting Minutes


The minutes for approval were Budget Meeting Minutes for July 16th, July 30th and August 4th, Executive Session Minutes July 28th, August 5th and regular Meeting Minutes on July 28th.  Ray Freetage moved to adopt the minutes as presented.  Geraldine McIntyre seconded.  Motion carried.


Action to pay Accounts Payable Vouchers


Geraldine McIntyre moved to approve the accounts payable vouchers.  Lisa Creech seconded.  Motion carried.


Appointment of Zoning Administrator


Ray Freetage moved to table the appointment of a Zoning Administrator until the Council writes a job description.  Lisa Creech seconded. 


Lisa Creech has talked to Mike Spencer about the parking ordinance and suggested including a Class E infraction, a fine structure and leaving a blank line for the name of the person overseeing these issues until the Zoning Administrator is appointed.   She stressed there is a real need to find someone to take care of the parking problems it is a big issue.  


Bill Land explained the term Zoning Administrator is referred to a lot in the new subdivision regulations document and suggested the term Town Planner be reformatted to be called the Zoning Administrator.  In addition, the Council needs to officially grant that person the right to issue ticket violations.  He agreed a job description is a good idea.  He suggested part of the Administrator’s duties should include reviewing plans prior to being presented to the Plan Commission as well as working with developers and engineers on drainage issues and site work.  A lot of time needs to be spent in the Field speaking to homeowners seeking to get their compliance on parking and other issues always with the possibility to update the Zoning Ordinance to meet the community needs.  Many subdivisions must comply with Rule 5, which would include working with the DNR.  He mentioned his proposal to volunteer to serve as the interim Zoning Administrator for the remainder of the year on a trial basis, which would increase his weekly hours working for the Town by 4 hours.  He would give a written report every month to the Council.  He would be available on some weekday afternoons and Saturdays for zoning issues. He could be contacted through his e-mail.  He and one of the Council members even talked about an 800 number.  Bill has held the title “Zoning Administrator” for four plus years in Brown County and three years in Huntingburg and has a copy of the job description, which could be useful when writing the Town’s.  He suggested moving forward with appointing an interim Zoning Administrator whether he or someone else is appointed. 




David Sorokoty said Bill Land knows the issues and is very qualified to fill the position.  Bill should be hired because it would be a step in the right direction toward correcting violations.  Agreed a description needs to be written also. 


David Drake agreed a job description should be established but that the position was too important to leave vacant until one was written.  His impression is the position






would be full-time starting next year but added it would be okay to expand Bill Land’s current position to fulfill it as the interim person since he is very capable and willing to

do so but not appoint a permanent person until the description is written.  He’s okay with having an assistant to Bill, but thinks the person should not be a Council member but it should be someone that would be neutral not politically connected.


Lisa Creech agreed to appointing Bill as the interim person only if he doesn’t handle the parking issues because after speaking with Bill he explained to her that it could take years to clean up all the problems with parking.  She feels the Town can’t wait that long to have the parking issues resolved.  She added the parking was too big of an issue for Bill to handle by himself since he would be long distance and only part-time.  Drainage problems in subdivisions are another major issue that will take up Bill’s time.  Lisa volunteered again to assist with parking violations and even suggested a Volunteer Parking Board made up of citizens who review the complaints.


Bill Land said a time frame can’t be put on getting compliant with parking regulations. The key is working with the citizens on enforcement to make a better community for them not just passing a lot of rules.  He suggested possibly increasing his hours slightly and getting an assistant to help with some of the parking or even a Parking Board.  


Dirk Wagner agreed with Lisa that it would be hard for Bill Land to enforce the parking ordinance from long distance and feels a citizen of Ellettsville should be appointed.  He would be okay, however, with Bill as the interim Zoning Administrator for the other issues.


Ray Freetage would be willing to sit down with Bill Land and another Council member to write the job description.


David Sorokoty called for a vote to table appointing a Zoning Administrator.  Lisa Creech, Ray Freetage and Geraldine McIntyre voted in favor of tabling the issue.  David Drake and David Sorokoty voted against tabling the issue.  Motion carried 3-2.




Resolution 16-03 to Adopt a Written Fiscal Plan for Cedar Bluff Gardens, Inc. and Matthew V. Cascio and Lorelei B. Cascio Property Annexation


Geraldine McIntyre read Resolution 16-03 by title.  Rick Coppock explained this is a voluntary annexation of 6.64 acres of the garden nursery area Cedar Bluff and the multi-family units adjacent to the nursery that access off of Deer Park Drive.  The property is fully developed and nothing is to be added.  It would not cost the Town any more to annex this area.  It would reduce water revenue because they would receive the in Town water rate instead of the out of Town rate.  The sewer would be the same.  The only additional service the Town would be providing to the area would be Police protection.  David Drake made a motion to adopt Resolution 16-03.  Ray Freetage seconded.  Motion carried. 


Resolution 18-03 to Approve the Preliminary Lease for the Fire Station


Lisa Creech read Resolution 18-03 in its entirety.  Within this Resolution the Council approves the following individuals to act as initial Directors of the Corporation:  James Ragle, Dennis Williamson and Gary Burton for this project.  Attorney Mike Spencer was unable to attend tonight but sent a letter stating he had reviewed the lease agreement and it was his opinion the Town should approve the lease form with the intent to move forward in building the Fire Station, It isn’t necessary to sign the lease tonight.  Geraldine McIntyre moved to approve the preliminary lease for the Fire Station.  Lisa Creech seconded.  Motion carried.


David Sorokoty announced that Larry Hash and Geraldine McIntyre have been appointed to serve on the Wage Committee.


Ordinances on Second Reading


Ordinance 03-12 Annexation of Cedar Bluff Gardens, Inc. and Matthew V. Cascio and Lorelei B. Cascio Property







David Drake read by title.  Geraldine McIntyre moved to accept Ordinance 03-12.  Lisa Creech seconded.  Motion carried.


Old Business


Green • 3 Agreement


Sandra Hash explained a representative from Green • 3 had addressed the Council at the Endwright Center.  The representative stated that Green • 3 was the Landscape Architect for INDOT and would assist the Main Street Committee in all of the arrangements for grant proceedings and get them to the bid process.  She presented the lease from Green • 3 that confirms that agreement.  Lisa Creech moved to go forward on the Green • 3 Agreement with a $500.00 payment and give David permission to sign.  Ray Freetage seconded.  Motion carried. 


H. J. Umbaugh, Capital Projects Plan determination of payment.  Should we pay for the Plan from existing funds or include in the upcoming bond issues.


Sandra Hash explained the Town currently has $147,000 available with Build Indiana Funds to do some of the preceding work for the bond issue.  H. J. Umbaugh is willing to wait for payment from the bond proceeds.  Lisa Creech moved to take it out of the soft cost of the bond issue.  Ray Freetage seconded.  Motion carried with David Drake and David Sorokoty voting no. 


New Business




The Council previously met a couple of times over an employee’s behavior.  Ray Freetage moved to accept the findings of fact and conclusions in the matter of an employee and request the Council agree.  Lisa Creech requested this issue be tabled because she has received additional information and would like to have another work session.  David Sorokoty seconded Ray’s motion.  Motion carried 3-2 with Lisa Creech and Geraldine McIntyre voting no.


Capacity Certification for Ratliff Road Sanitary Sewer Extension


Rick Coppock explained this is the capacity certification letter for Greenbriar Estates.  There will be initially four lots hooking on but eventually others will be connected as Ratliff Road is further developed.    This sewer extension line will tie into the lift station that was built as part of the project for the new Church of the Nazarene on Ratliff Road.  This will provide additional flow, which will help the lift station flow since the church has intermittent flow.  This needs to be approved so the plans can be sent to IDEM and construction can begin.  Geraldine McIntyre moved to approve the capacity certification for Ratliff Road sewer extension.  David Drake seconded.  Motion carried. 


Deer Run Section 5 – Final Plat – 15 lots - Tabled


Greenbriar Knolls Section 7 – Final Plat – 8 lots - Tabled


Greenbriar Estates – Preliminary and Final Plat – Ratliff Road – 4 lots


Rick Coppock explained there would be four one-acre lots.  This is a hilly area with ravines on the property and to avoid a lot of site work these are larger lots.  They are served by a private drive.  These will be developed as R-1.  It has already been approved by the Planning and Zoning Board.  David Drake made a motion to approve the preliminary and final plat for Greenbriar Estates on Ratliff Road.  Geraldine McIntyre seconded.  Motion carried with 4 votes.  Lisa Creech abstained. 


Privilege of the Floor 


Chuck Radke wanted to make the Council aware of some drainage issues on Deer Run Drive.  He provided pictures of the drainage ditches.  He explained the run off from Lantern Lane, Militia Court and Musket Lane all discharge into this area.  The property owner of lot 4 on Deer Run has problems with the run off and has attempted






to work with the developer with very little success.  He suggested the developers be scrutinized a little more carefully to make sure they are complying with the plans. 


Lisa Creech commented she has video taped this area after a rainstorm and agreed it is an issue.    


Rick Coppock volunteered to meet with Chuck Radke to look into the situation.


Ray Freetage informed the Council that the Police Department would like to hire Sanders Contracting to design the new Police Station.  Sanders are willing to wait for the bond to receive payment.  The total cost to hire their services is $37,500.00.  Sanders have looked at both possible building sites and their cost is the same for either site.  Alt & Witzig Engineering is a separate company that is doing the core soil testing.  Ray Freetage moved to accept Sanders Contracting and Management Company’s bid.  Geraldine McIntyre seconded.  Motion carried.


Supervisor’s Comments


Jeff Farmer said he does not have the full report on the total damage from the lightning strike yet; however, so far the damage total is at $37,540.00.  Everything has been fixed but is having a little trouble with the new computer communicating with the old alarm system.  The funds to repair the damage has been taken out of the Equipment Replacement Fund, some of which may be reimbursed from the insurance company after all the information is compiled.  He has received a quote from Maxwell Lightning Protection Company for $12,500.00.  He recommends we install this system and hopes it will draw the lightning to the ground instead of to the equipment.    Maxwell’s does not guarantee that lightning will never strike the plant again, but it is a preventative measure.  Ray Freetage suggested getting references.  Geraldine McIntyre said if they’ve (Utilities) got the money and as hard as they’ve been hit twice, she suggested allowing them to put this protector on.  Lisa Creech seconded.  Motion carried.      


Jim Davis introduced Architect Sherman Bynum referring the Council to him for any technical questions then presented the latest plans for the new Fire Station and requested approval of the plans. Jim explained the floor plans has been reduced to reduce the cost and explained the changes the Council had asked for including adding several parking spaces, enlarging the meeting room and changing the meeting room door to the middle of the room.  The meeting room will hold 97 people now.  The office and living space area has been flipped to opposite sides making the office on the east end and living area on the west end of the building.  The exterior will be limestone and brick.  Rick Coppock said the Town has probably saved around 10 or 15 thousand dollars in the dirt removal by using Crider and INDOT.  Geraldine McIntyre moved to approve the plans for the fire station.  Lisa Creech seconded.  Motion carried. 


Rick Coppock gave an update on Ruby Duncan’s drainage problem, who lives on Deer Park Drive.  The ditch that runs down in the area empties into the pond at Cedar Bluff Gardens and on the upstream side of the pipe which is closer to her side, the pipe was packed with debris, limbs and trash which were causing the water to back up and flood some of the area.  Rick asked Matt Cascio to clean out the drainage area and he has already done so which should help the problem.  East of her property the ditch makes a bend and a tree has fallen into the drainage ditch which needs to be taken care of as well as some debris that will eventually get washed into the same area.  This area is in Town.  At Dave’s request Jim Ragle’s crew will take care of it.


Rick looked at Katie Deckard’s property on Meadowlands Drive, which is the house that was built too low to the ground and after they surveyed it, came up with a two-step process to correct the situation.  The best solution naturally would be to raise her house up to where it is supposed to be, but that would be the most costly.  Instead they opted to install a trench drain, which is pipe that has a notch on the top that is open and is flush with the street when it is installed so that excess rain water can go down the pipe into the existing inlet.  They also discussed reconstructing the inlet.  They will also re-work the junction box.  Charlie Wright is the developer, he is willing to contribute on the materials and the Town will provide the labor.  Mike Farmer is willing to take on this project with his Utility crew.   It will probably be a weeklong job.  Lisa Creech





moved to accept this proposal as presented by Rick Coppock.  Ray Freetage seconded.  Motion carried. 


He informed the Council that he is working on the Rule 13 requirements specifically looking at grading permits, inspections and fees.  This will give the Town more control over the projects.


Lisa Creech questioned Jim Davis if Certificate of Occupancies had been issued for lots 24 and 27 in Deer Run (her neighborhood).  Jim said he does not think those have had a final inspection done yet so the occupancy permits would not have been issued.


Geraldine McIntyre gave her condolences to Mike and Tom Cornman for the loss of their father.  


David Sorokoty also sent his sympathy to the Cornman family. 


He stated that at the last Parks Board Meeting, L. D. Axsom had a good idea.  Mr. Axsom suggested with the new bridge construction a lot of flooding might be eliminated and suggested the Town consult with the DNR to see if the flood plane could be removed which would lower insurance costs.


He also thanked the Utilities Department for painting the Town Hall with the nice green trim, for putting the Town’s gold seal above the front door of the building and for the gold lettering that will be added above the door.  The building is looking very nice.  He closed by saying “Shop Ellettsville”.




David Sorokoty asked for a motion to adjourn.  Geraldine McIntyre moved to adjourn.  Ray Freetage seconded.  Motion carried.  The meeting was adjourned at 8:58 p. m.





_____________________________                       __________________________

David Sorokoty, President                                         David Drake, Vice President





_____________________________                       __________________________

Lisa Combs-Creech                                                  Ray Freetage





____________________________                         __________________________

Geraldine McIntyre                                                    Sandra C. Hash, Clerk-Treasurer