December 28, 2004






The Ellettsville, Indiana, Town Council met in regular session on Tuesday, December 28th, 2004 at the Town Hall.  Patrick Stoffers called the meeting to order at 7:30 PM.  Lisa Creech led in prayer and William Evans led in the Pledge of Allegiance. 


Roll Call:  Patrick Stoffers asked for roll call of the Council Members.  Patrick Stoffers, President; William Evans, Vice-President; Phillip Rogers and Lisa Creech were present.  Also present were Sandra Hash, Clerk-Treasurer; Wes Marion, Attorney; and Frank Nierzwicki, Planning and Zoning Administrator.  Dennis Williamson was absent due to a vacation.


Supervisors Present:  Jim Davis, Jim Ragle and Ron McGlocklin, were present at the meeting.  Edwin Macatangay, Vice President of the Park and Recreation Board was also present.


Approval of the regular meeting minutes for December 13, 2004


Lisa Creech made a motion to approve the minutes of the regular meeting from November 22nd, 2004.  William Evans seconded.  Motion carried.


Action to pay Accounts Payable Vouchers


Lisa Creech made a motion to pay the accounts payable vouchers.  William Evans seconded.  Motion carried.


Public Meeting Schedule for 2005


Sandra Hash explained the meetings will continue at Town Hall through the January 10th meeting.  Starting on January 24th we will hold all meetings at the Fire Department Training and Conference Room, 5080 West State Road 46, Bloomington, Indiana. The normal schedule will remain the second and fourth Monday of each month for Council meetings, the first Monday will be the Park and Recreation Board meeting and the Plan Commission will meet on the first Thursday of the month.  The Board of Zoning Appeals will meet on demand.  The Council will not meet on Monday August the 8th.  To accommodate holidays the October 10th and December 26th Council meetings will be move from Monday to Tuesday and the July 4th and September 5th Park and Recreation Board meetings will move from Monday to Tuesday. 


Appointments           Park Board Member (R) 2005-2008

                                    Board of Zoning Appeals (R) 2005-2008

                                     Animal Control Commission 2005-2008


Patrick Stoffers explained there would not be a Board of Zoning Appeals appointment until the term dates were verified.  In the absence of an appointment Kathy Wagner will continue to serve.


Phillip Rogers moved to appoint Geraldine McIntyre to the Park Board for the years 2005 through 2008.  Lisa Creech seconded.  Motion carried.


William Evans move to appoint David Drake to the Animal Control Commission of Monroe County.  Lisa Creech seconded.  Motion carried




Resolution 32-04 Transfer of Funds


Lisa Creech read the resolution in its entirety.  Sandra gave a brief explanation of the transfers.  William Evans moved to approve Resolution 32-04 transfer of funds.  Phillip Rogers seconded.  Motion carried.


Resolution 33-04 2005 Encumbrance List


Patrick Stoffers explained a PO in the Police Department list should not have been included, PO5062 for $854.00 and we have eliminated that one in the correct draft.


Lisa Creech read the resolution in its entirety.

Town Administrative






American Legal




 Code update


Ball State Univ.




 Beauty & Parks 5 year plan


Cassady Electric




 Wiring for Street Lights






 Postage Meter refill






 Spencer & BFA Christmas


Capital Shredder




 Crosscut Shredder


Monroe County




 Animal Management






 Fixed Asset software






 Direct Deposit software


The May Agency






Fund Total





Remaining unspent and unencumbered appropriations


 $                                23,633.96

Fire Department






Sam's Club




 Office Supplies


Office Depot




 Office Supplies


The Uniform Shop










 Mat cleaning - Dec


Hoosier Tire






Fund Total





Remaining unspent and unencumbered appropriations


 $                                21,341.97

Planning and Building Dept










 Copies at Mr. Copy






 Copies - Trail






 APA Membership


Fund Total





Remaining unspent and unencumbered appropriations


 $                                   2,123.86

Police Department










 Trailer Rental








Sam's Club






Office Depot




 Office Supplies






 Cleaning Supplies






 December Fuel Charge


Edgewood Auto




 Monthly charges


Hoosier Tire




 Monthly charges









B & L Communications




 Portable Radio


Fox's Cycle Sales




 Snow Plow Blades 


Indiana University




 Breathalyzer Maintenance


True Value




 Monthly charges


Fund Total





Remaining unspent and unencumbered appropriations


 $                                23,079.19

Motor Vehicle Highway






True Value




 Monthly charges


Fund Total





Remaining unspent and unencumbered appropriations


 $                                27,053.11

Cumulative Capital Improvement












Fund Total





Remaining unspent and unencumbered appropriations


 $                                      272.38







Total Encumbrances for 2004





Sandra added the remaining unspent and unencumbered appropriation listings are to furnish information to the Council.  It is not a requirement and it is subject to fluctuate due to payroll related expenses.


Patrick replied he understood and expressed his appreciation for coming up with the numbers so the Council and public could easily see the information.   He commented the Clerk and Supervisors did a very good job having that much appropriated money lapse back into their funds.  


William asked if PO 5068 to Cassidy’s included the labor and the wiring.  Sandra answered it included the labor and the wire, but was subject to change because of the increase in the cost of wire.  William also stated $1929.00 seems like a lot to pay for a shredder.  Sandra agreed it is a very expense shredder.  It cross cuts into small pieces for better compaction and it will take computer width paper.  The last time we destroyed records we hired a shredder company who came with a shredder in a box truck and it cost over $600.00.  With this shredder we will be able to do our own document destruction.  It is a big investment but hopefully it will last a long time.  It was purchased through government pricing with no cost for freight.


Lisa Creech moved to adopt Resolution 33-04.  Phillip Rogers seconded.  Motion passed.


Resolution 34-04 Adopting Ellettsville Parks & Recreation 5 Year Master Plan


Edwin Macatangay, Park and Recreation Vice President, stated they have been working for over a year and one half with Ball State to come up with this five year master plan.  After numerous iterations and modifications we finally came up with this 5 year master plan that will hopefully lay the foundation or road map of maintenance and expansion of the park and recreation facilities we have in Ellettsville.  This will also allow us to apply for certain state grants.  Right now we are not able to do that with out a 5 year master plan adopted.  The plan is based on poling and interviewing Ellettsville residents to see what they want.  The results are captured in this plan.  The most important thing this does is reflect the wants and needs of the Ellettsville citizens. 


Patrick asked if it would cause him any particular pause for the Council to table this and take it up at the next meeting for a final vote.     Pat would like legal council to review it in terms of the rehabilitation act and certification of Section 504. 


Edwin responded there are two period to qualify this as the master plan, January and May or June.  We wanted to get it done was to hit the January mark.  It has been a very trying and arduous task to get this complete through Ball Sate but we have it and that is the important thing.


Patrick replied he has read through it twice now and he is skeptical of some of the cost numbers in it, but it is clearly stated they are projections or estimates.  It is the certification of Section 504 that he is unsure of which requires the president to sign off on.


Edwin said it would be fine to table it until the next meeting.  It has been such a long time he doesn’t think it will hurt for them to wait until June for the state to review.


Patrick answered things will probably be a little slow in Indianapolis right now due to the holidays and the change of administration.


Lisa Creech made a motion to table Resolution 34-04 until the next Council meeting.  William Evans seconded.  Motion carried.


Ordinances on Second Reading


Ordinance 04-25 Fixing of the Salaries for Budget Year 2005


Patrick stated we deleted Building Inspector from the Salary Ordinance.  Sandra said we added Director of Building Services.  She also clarified on the Salary Ordinance the words from and to establish a salary range for that position.  This would allow a newly hired person to start at a lower wage that could escalate with experience.  A salary range is suggested by the State Board of Accounts.


Lisa Creech made a motion to adopt Ordinance 04-25 fixing of the Salaries for budget year 2005.  William Evans seconded.  Motion carried.


Ordinance 04-26 Inter-local Cooperation Agreement between the Town of Ellettsville and Monroe County, Indiana, regarding Animal Management Services


Patrick summarized the agreement was for $6,000 to be paid in two payments July 1st and December 31st.


William Evans made a motion to adopt Ordinance 04-26 the inter-local cooperation agreement between the Town of Ellettsville and Monroe County, Indiana, regarding animal management services.  Phillip Rogers seconded.  Motion carried.


Ordinance 04-27 Inter-local Cooperation Agreement between the Town of Ellettsville and Monroe County, Indiana Regarding Building Code Authority


Patrick stated this is the first step, in January we will have to decide if we are going to add a square footage fee on top of the County fee of 12 cents per square foot.  Currently the town’s fee is 7 cents.  We will relinquish all building inspection duties and Monroe County will be taking care of those.


Jim Gerstbauer, Monroe County Building Commissioner summarized we started this last June.  Since that time both legal departments have worked together through both a draft agreement and a final inter-local agreement. The Monroe County Commissioners have authorized his department to take on this responsibility should this Council be so willing to create it.  So the legal end is complete and we are ready if he Council agrees. This will allow the Monroe County Building Department to do all the inspections.  It is not a change in code for the citizens of Ellettsville.  It will simplify the process for contractors as they will have one interpretation and one point of entry into the permit system.  They are familiar with what we do and it will provide a one stop shop for the permitting process.  It also gives the consumers in Ellettsville protection because they have qualified staff out there looking at all the criteria and will provide qualified building inspections through a project without Ellettsville having to invest more in the process in order to add additional staff as the activity increases as it has of late.  They have worked with Jim Davis and his people who have been doing qualified inspections in Ellettsville.  It has been a good relationship on the Counties part with the Town of Ellettsville in building code inspections. There has been a lot of mutual discussion between our offices and a lot of respect going both ways. If we do this it is not in any way saying we are displeased with Mr. Davis’s services, but we are certainly willing to offer the services as we grow and expand.  He asked if there were any questions.


Lisa stated she thinks it is a good thing.


Patrick explained we have not established any fee in addition to what the county is going to do.  We are currently at 7 cents.  Once you take over those duties Ellettsville will not be collecting a fee at this point.  This Council is going to have to contemplate if we even do that.  Is it just a matter of us adopting an ordinance and forwarding it on to the County if we so chose to institute a 6 cent per square foot.  How exactly would that work so your department is aware that you would need to collect this?


Jim responded he would have to defer that to legal for a decision whether you would have to create a separate ordinance or not.  In the inter-local agreement it authorizes your Council to adopt that fee.  It doesn’t require me to do anything other than collect that and pass that on.  So when you tell me what you established fee will be we can collect it at that point.  Ellettsville would have complete control of that.


Pat stated as instructed by our legal council and the county’s attorney, Mr. Shilling, this will require two motions.  The first to adopt the Ordinance and the second would be a vote to authorize the Council President to sign the agreement on behalf of the Town Council. 


Lisa Creech made a motion to adopt Ordinance 04-27.  William Evans seconded.  Motion carried.


William Evans made a motion to authorize the President of the Council to sign the agreement on behalf of the Town Council of Ellettsville, Indiana.  Phillip Rogers seconded.   Motion Carried.


Request to Convert Unused Vacation Days to Sick Days


Lisa Creech read the requests as follows:


Lynnella L. Weiss wants to transfers 4 hours unused vacation days to unused sick days.

Amber Ragle wants to transfer 1 unused vacation day to unused sick days

Becky Wines want to transfer 5 unused vacation days to unused sick days

Jay Humphrey wants to transfer 4 unused vacation days to unused sick days


William Evans made a motion that we convert the unused vacation days to sick days for the people who applied for them.  Phillip Rogers seconded.  Motion carried.


Approval of INDOT Enhancement Grant Application


Frank Nierzwicki explained the enhancement grant applications are accepted annually by the Indiana Department of Transportation for a variety if items such as trails, enhancement of downtown areas and 10 other types of projects.  The Town of Ellettsville has been awarded some grants in the past. The Gateways project on both ends of the one way pairs and the lighting grant.  We do have some lights up now in the downtown area.  The third grant was the trail grant in which we receive about 68% of the cost of what we asked for from INDOT. 


This application is for a pedestrian-bicycle grant for the trail.  The break down of the application is as follows:


Planning Activities                                                                  $   5,000.00

Project Development and Environmental Studies                    $ 10,000.00

Engineering and Final Plans Preparation Work                        $  25,000.00

Right-of-way Acquisition                                                       $  40,000.00

Construction                                                                          $212,530.55

Construction Engineering and Inspection Activities      $  18,000.00


Frank explained to the Council the breakdown of the above stated cost and illustrated the location of the trail on a map.  We are requesting $235,000.00 from INDOT with $75,000.00 as the local match.  Some of the local match would come from his time managing the project.  We have about $40,000.00 in right of way that is either gifted or we could have contributions from the community, which is consistent with the previous application.  Also portions of the $10,000 for environmental services we would pay 20% of or $2,000 out of the $10,000.  We come up with $75,000 which put us over the 20% figure required by this application process.  He has letters of support from the Chamber of Commerce and Main Street.  He has to get the application into the MPO in Bloomington this week.  They have a meeting on the 14th of January and they will need to review it before it can be sent out.  The grant itself is due the 31st of January, but we do need to act on it tonight.


Jeana Kapczynski, President of Ellettsville Main Street read the letters of recommendation.


Ellettsville Main Street Incorporated was formed in 1999 to address downtown revitalization.  One of our early projects was the design for the Heritage Trail, which will be a pedestrian pathway using a short section of abandoned CSX railroad bed.  This follows little Jacks Defeat Creek and a portion is located between the one way pair of State Road 46 Highway.  The concept of the trail was designed by Barry Fisher, a landscape architect, who is a native of Ellettsville and grew up around the railroad and the creek.  He knew this area included some historic sites such as the grave of Ed Elliott the founder of Ellettsville and the ruins of some of our limestone mills from the late 1800’s and early 1900’s when there were 6 active mills in Ellettsville.  The rail line was also important to ship the limestone all over the United States.  The trail would continue north to near the Matthews mansion which is an historic house from the 1850s near Bybee Stone Company which supplied the cut stone to restore the Pentagon after 911.  This trail can be educational as well as recreational.  This trail will offer a way for pedestrians and bicyclist to move from our town park and little league area to historic downtown.  It would also offer an opportunity to educate our citizens and the public about the history of the limestone industry in Ellettsville which began in the 1850s and continues today.  We believe this trail is important for the revitalization of downtown Ellettsville and can serve as a start of a trail system in this part of Monroe County.  Ideally it would be connected to other future trails in Bloomington to the east and the 200 acre Flatwoods Park west of Ellettsville as well as to the Ellettsville school complex south west of town.  Ellettsville Main Street Incorporated, a 501C3 will assist in raising matching funds and continue their support to make the Heritage Trail a reality.  Signed Jeana Kapczynski


Ellettsville Chamber of Commerce, President Janet Burks


This letter is to reconfirm the support of the Ellettsville Chamber of Commerce for the funding of the Heritage Trail in Ellettsville.  This pedestrian pathway would be built along the abandoned CSX railroad which also follows Jack Defeat Creek.  This area in the center of downtown Ellettsville would benefit greatly from this project.  The trail would allow beautification of this area and provide a way for pedestrians to walk from the town parks and little league fields to the downtown commercial area.  It would spark downtown commercial development and offer opportunities to increase business for those already in the near vicinity of the trail.  In addition as envisioned there would be educational benefits of the trail by providing limestone educational markers along the way.  This would not only educate local population but could serve as a destination to visitors who want to learn about the limestone industry past or present.  The Heritage Trail will offer many positive changes to revitalize part of Ellettsville and offer heritage stories and opportunities.  The Ellettsville Chamber of Commerce continues to support the development of the Heritage Trail as a positive economic stimulus and a way to enhance the quality of life in the Ellettsville Community.  Signed Janet Burks, President


Jeana added this has been a long project.  They do have a grant award from a year ago.  We would really like to see this go forward.  The state told Jeana they expect us to come back and ask for some more money.


Lisa Creech made a motion to approve the INDOT enhancement grant application.  William Evans seconded.  Motion carried.


Privilege of the Floor


Mike Hendricks, Commander of the Ellettsville Police Reserves, introduced Kyle Abram who is applying to be a Reserve Officer.  The background check came out squeaky clean, he’s had his mandatory pre-basic training, meets all of our qualifications and we are requesting to bring him on board. 


William Evans as Police Lesion recommended his appointment.  William made a motion that we appoint Kyle Abram to the Reserve Police Department of Ellettsville.  Phillip Rogers seconded.  Motion carried.


Sandra finalized his appointment by swearing Kyle in as a Reserve Deputy Marshal and presenting him his shield and identification cards.


Supervisor’s Comments


Ron McGlocklin, requested Eric Chaudion’s appointment as a part-time Deputy Marshal.  Eric was hired in 1992 as a police officer.  He left the department in 1997 to be a builder in Monroe County.  The department currently is without a part-time officer.  The one hired this year had to resign due to his employment with the IU Police Department.  The academy in Plainfield verified that Eric is a certified Police Officer.  He will need to complete 16 hours of in-service training.  Ron McGlocklin recommended Eric Chaudion as a part-time officer.  Williams Evans agreed with the recommendation.


William made a motion that we appoint Eric Chaudion as part time officer for the Ellettsville Police Department.  Phillip Rogers seconded.  Motion carried.


Sandra finalized his appointment by swearing Eric in as a Deputy Marshal.


Frank Nierzwicki reported on a request concerning noise produced by semi trucks braking devices.  Ellettsville is not the only town in Indiana or the United States that has concerns about trucks making noises with their braking systems.  There have been some towns and cities that tried to have ordinances on this; actually naming the brand of brakes that they think is the problem, which causes legal problems and is a deterrent in enhancing an ordinance against a certain brand of brakes.  After looking at the ordinances, we do have a code concerning nuisance with the level of noise.  He would recommend not trying to specify one type of noise, but go for the level of noise which means we might have to have a decimal type of limit.  That is something that we can do, but we need the machinery and equipment to be able to do that.  With vehicles the person might be half way out of town before you could get to them, but we can do that.  It is somewhat difficult to enforce. 


Phillip Rogers questioned if we could use the term compression brake instead of the brand name.  Frank answered we could do that, but he would feel more comfortable going with the level of noise. 


Patrick added with a certain decimal level and someway to measure that objectively rather than subjectively.  Frank gave the example of his aging parents turning their television up very high so they can hear it and it is a wonder their neighbors haven’t complained about them.   He suggests we narrow it down a little bit.


Jim Davis asked the Council if they would mind using a different table at the next meeting to enable moving the large conference table to the Fire Department Training Room in preparation for the meetings to start at that location.  The Council agreed to use folding tables at the next meeting if needed.


Lisa Creech mentioned several new street lights are in and they look very nice.  She also announced how proud she is of the Street Department for such a wonderful job on the snow removal.  She actually received two phone calls complementing the Street Department on their good job.  In addition she met with Frank Nierzwicki, Ed Bitner and Phillip Rogers to discuss planning for downtown.  They would like to assist the Town in becoming more involved with the Chamber and Main Street in order to unify plans to beautify the downtown.  They would like to move forward organizing a committee to help find funding sources for the downtown beautification.  Patrick replied “very good”.


Phillip Rogers and William Evans closed by thanking Jim Ragle and his crew along with all the Town Departments for their efforts during the 12 inch snowfall before Christmas.  They did a fantastic job.


Patrick’s closing comment was “it has been a good year, next year will be even a better year and he wished everybody a Happy Yew Year and a safe holiday”.  We will be back in a couple of weeks for our last meeting in this building as the Town Council will move down to the Conference  Center.




Phillip Rogers made a motion to adjourn this meeting.  William Evans seconded.  Motion carried.  Meeting adjourned at 8:35 p. m.