December 8, 2003








The Ellettsville, Indiana, Town Council met in regular session on Monday, December 8th, 2003 at the Town Hall.  David Sorokoty called the meeting to order at 7:30 PM.  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; Ray Freetage; Lisa Combs-Creech and Geraldine McIntyre.  Also present were Sandra Hash, Clerk-Treasurer; Mike Spencer; Attorney and Rick Coppock, Town Engineer. 


Supervisors Present, Jim Davis, Jim Ragle, Jay Humphrey represented Ron McGlocklin, Mike Farmer and Jeff Farmer.


Approval of the meeting minutes for November 24th, 2003


Ray Freetage moved to approve the minutes.  Lisa Creech seconded.  Motion carried.


Action to pay Accounts Payable Vouchers


Lisa Creech moved to pay the accounts payable vouchers.  Ray Freetage seconded.  Motion carried.


Ordinances on First Reading


Ordinance 03-23 to amend section 810-25 of the Ellettsville Town Code concerning Zone Map


Lisa Creech read this ordinance by title introducing it for the first reading. 


Ordinance 03-27 adding chapters 851-859 of the Ellettsville Town Code regarding Regulation of Subdivision


Bill Land informed the Council on Ordinance 03-27 stating the work included reviewing the zoning map and bringing it up to date from all of the changes that have taken place since 1966 making it current for now and amending as needed paying increased attention to zoning areas correctly.  This ordinance repeals the old Town Code chapters 851-859 and replaces it with the revised chapters.  The Subdivision ordinance sets up a local control system for Ellettsville.  Mr. Land read for the record chapter 851 which sets up a preamble for the Subdivision Regulations.  It reads:


The standards set forth in these regulations control the development of land within the jurisdiction of the Town of Ellettsville.  The purpose of these regulations is to insure provision of adequate light, air, open spaces, drainage, streets and public utilities.  The aim is to develop and maintain a healthy, attractive and efficiently built environment that enhances the quality of life and sustains the natural environment.


The 2002 Comprehensive Plan and the East Area Plan adopted by the Town of Ellettsville both have a vision of quality development efficiently planned with amenities to increase investment value.  The subdivision regulations must implement the “quality development” policies found in the Comprehensive Plan and the East Area Plan.


New residential growth must develop within the context on the existing neighborhoods.  This will add value both within the neighborhoods and to the Ellettsville regional area as well.


Zoning regulation must serve the general welfare of the entire community.  Careful attention to process, public notice and record keeping is required.


Technical as well as administrative early review of each case must be thorough and professional with written minutes or reports submitted from each meeting.  The idea is to take time on the front






end of the process so that subdivision requirements are clear and the case is well prepared for each hearing.  Adding certainty and efficiency while gaining quality assurance is the aim of this ordinance.


Following State guidelines the primary plat will be conducted as a public hearing.  The secondary plat will be approved subject to the petitioner strictly following the subdivision regulations and financially securing the cost of the infrastructure.


Most smaller divisions of land will be approved at the same meeting for both primary and secondary plat.


As a subdivision is being built, a strict compliance with submitted plans and commitments will be mandated.  A follow up by the Zoning Administrator will be required and a written report will be submitted to the Plan Commission every six months during the

build out.


Mr. Land recommended adopting this ordinance as presented as soon as possible and strongly suggested a formal 2-year review take place to keep the ordinance up to date and to change what may not be working well.  This document is the result of 3 Plan Commission workshops and was officially adopted unanimously by the Plan Commission Thursday, December 4th, 2003.  He asked this be adopted tonight so that it could be put in place starting the first of the year. 

Lisa Creech stated she has concerns on drainage, rental codes, parking issues, new construction creating problems for existing homes and the need for a Zoning Administrator to enforce the new regulations.  Lisa also questioned allowing a developer to put in the utilities for new subdivisions in sections.


Bill replied it is critical the drainage be correct.  We want to work with the developers to make a strong green light for quality development and economic investment.  We do not want to hold them back.  The critical thing is to exact commitments at each stage to make sure they are done as well if not better.  With careful review and research to ensure commitments are exacted.  We want to work with the developer so their finances are not pressed and we can continue to have investment.  The Plan Commission upon their approvals should really look at the plans very carefully to ensure the existing homes are protected from the new development and are part of the written commitments. 


David Sorokoty said appointing a Zoning Administrator would be taken care of at the beginning of the year.


Ray Freetage asked for clarification on the six month follow up.


Mr. Land said the project should be reviewed frequently, not just once in six months but according to the length of the project it should be reviewed every six months and a written report filed.  He also offered his services to mentor the appointed zoning administrator at no cost if he is not the person appointed.


Geraldine McIntyre reiterated the Planning and Zoning had passed this unanimously and suggested approving it as is.


David Drake likewise said he agreed with adopting this ordinance and make changes as needed.  He fell Bill Land did a good job on this update.


Mike Spencer reviewed the Indiana Code about passing this ordinance on the first reading and since this ordinance is being presented under I. C. 36-7 subdivision control ordinance in the 700 provision then he suggested the Council could suspend the rules and pass this on the first reading if they choose.


Sandra Hash stated the Planning Commission will not meet until January.  This would allow the Council time to review the Subdivision Regulations update before the next Council meeting.







David Sorokoty informed Mr. Land we would wait to review this again at the next meeting.


Ordinance 03-24 to create a fund for Federal Grants for the Police Department


Sandra Hash explained the Police had applied for grants, received the money and now a separate fund is needed to house the money to keep it separate from appropriations.  She requested this be passed tonight because the grant money has already been received and is on the accounts payable docket sheet to be expended tonight.  Lisa Creech moved that Ordinance 03-24 be submitted for first reading.  Geraldine McIntyre seconded.  Motion carried.  Lisa Creech moved that Ordinance 03-24 be adopted on the same day as which it was introduced.  Geraldine McIntyre seconded.  Motion carried.    Lisa moved that Ordinance 03-24 be adopted.  Ray Freetage seconded.  Motion carried.


Ordinance 03-25 to adopt the new Ellettsville Town Code


Sandra Hash explained American Legal re-codified the Town’s Code bringing it up to date and requested it be passed tonight as well so that it can be accepted as the official Code.  There will be quarterly updates including the internet updates which will cost the Town approximately $1,500 a year.  Lisa Creech moved that Ordinance 03-25 be submitted for first reading.  Ray Freetage seconded.  Motion carried.  Lisa Creech moved that Ordinance 03-25 be adopted on the same day on which it was introduced.  David Drake seconded.  Motion carried.  Lisa Creech moved that Ordinance 03-25 be adopted.  Ray Freetage seconded.  Motion carried.


Ordinance 03-26 Salary Ordinance for 2004


David Sorokoty read by title and welcomed anyone who requested to see the entire document to view it in the Clerk-Treasurer’s Office.  Sandra Hash explained it reflects a 3% raise for the employees over last year’s salaries.  Geraldine McIntyre pointed out the Plan Commission’s pay was raised from $15 per meeting to $25 and it not reflected in the Salary Ordinance.  Sandra agreed to correct it for the next meeting.


New Business


Fire Contract between Ellettsville and the Richland Township Trustee


Jim Davis informed the Council that the contract with Richland Township needed to be renewed for 2004.  The new agreement will have a 5% increase over last year’s contract.  Richland Township is approximately 36 square miles with an approximate population of 17,000.  The Town has a population of approximately 5,000.  David Drake made a motion to approve the Fire Contract between Ellettsville Fire Department and Richland Township Trustee.  Geraldine McIntyre seconded. 


David Sorokoty asked for further discussion.


Chuck Radke expressed his concern about the funding of the new Fire Station.  It is Ellettsville’s responsibility to bear the entire cost.  He is concerned that our levy increase will not be enough to cover the entire debt.  It appears that Richland Township might be getting a little bit better deal on fire protection than the residents of Ellettsville.  He strongly supports the Council supporting Chief Davis to revisit his efforts earlier in the year to work out some agreement with the township to come up with some kind of firefighting entity that covers both Ellettsville and the Township so that the fire protection would come out of the tax rolls of both entities.  He wants to make sure everyone is carrying their share of the load. 


Jim Davis stated the township pays about 50 percent of the fire department’s operating budget.  The Town may pay slightly more; however, the Township has provided approximately 4/5 of the funds for the new fire truck.  The cost of the truck was spread over a period of five years and next year is the last year to pay on the truck.  In the Supplemental Fire Service Agreement it states “That the Township hereby agrees to pay $389,914 as its payment obligation for fire services from 12-31-03 to 12-31-04 payable as follows: a) $341,012 in cash or check; b) $48,902 credit for Ellettsville’s purchase of the Township’s equity in the 1999 Pierce SABAR Pumper Truck.”  In the






past history the Town primarily paid for the cost of daily operations, however, Jim explained that in approximately 1997 the Department started running on EMS calls and

had increased the contract with Richland Township at that time by approximately $70,000 to help cover the calls which made the cost of daily operations spread out more evenly between the Town and Township.  He added that Trustee Don Lewis had bought and assisted in the purchase of several fire trucks in the past as well.  Purchasing trucks is an ongoing process.  Currently we have two 1969 trucks that need to be replaced and the cost to replace them is expensive.  It would cost approximately ¾ million dollars to replace one of them and around ½ million dollars to replace the other.  If we would buy a new truck and Don would agree to help purchase it 4/5 of $500,000 would be $400,000 carried over a five year period.  Jim agrees both the Town and Township should pay the same for fire services and reminded the Council they had tried to get the Fire Territory passed, however, complications arose and it didn’t get passed.  He closed by saying they have not let the idea drop for making things more even between each entity and are constantly looking at ways to  improve all aspects.


Motion carried.


Disaster Recovery Agreement with Komputrol


Sandra Hash explained it was our annual agreement to keep the Town prepared for a disaster.  Komputrol stores our information offsite and in case of an emergency and our systems were destroyed then we could resume operations by contacting Komputrol for our information.  It costs the Town $450 in an annual payment.  She added she had considered storing backups in a safety deposit box but had to continue using Komputrol in order to fulfill State Board of Accounts guidelines.  Geraldine McIntyre moved to accept the agreement for disaster recovery with Komputrol.  Ray Freetage seconded.  Motion carried.


Request to rollover unused vacation days to 2004


Sandra Hash explained Kip Headdy was hired November 26, 2001 and earned 5 of his vacation days on his two-year anniversary date and it is hard for him to schedule his time off within only one month.  In Kip’s letter he explained this was a bad time for him to schedule vacation time off with the threat of snow.  If approved to rollover, these days would remain his vacation days.  Lisa Creech moved to grant the request for Mr. Headdy.  David Drake seconded.  Motion carried.


Request to transfer unused vacation days to unused sick days for 2004


David Sorokoty read the requests to transfer.  According to the Ellettsville Town Code under section 255-35 it allows employees to have this benefit.


Jim Davis – 5 days              Kevin Patton – 2 days

Mike Stalcup – 2 days        Kip Headdy – ½ day


David Sorokoty stated he disagrees with this benefit emphatically.


David Drake commented this benefits the Town by the employee not using the time off.  He added some employees want to save up sick days in case of personal sickness.  Lisa Creech moved to allow the transfer of vacation days to sick days for 2004.  Ray Freetage seconded. 


Ed Bitner questioned if in the event an employee has a large number of sick days accumulated if that employee would terminate their employment would they be compensated for those days when they leave.


Sandra Hash stated no, there is no provision to pay out any sick time on termination.


Motion carried 4-1 with David Sorokoty voting no.


Supervisor’s Comments









Darlyne Sowder informed the Council the Parks and Recreation Board had received the draft version of the five year master plan for the Parks and Recreation Department.  She requested the Council give her any comments on the draft as soon as possible.  She

added the Parks Board was uncomfortable with the outcome and they will be sending their comments and concerns to Mr. Segedy at Ball State to review.  The multi-purpose building is gradually being worked on.  It is being paid for with the Skate Park grant money.


Sandra Hash invited all the Town employees and the Council to the Town’s Christmas Luncheon which will be on Wednesday, December 17th at the Rebekah’s Lodge Building from 11:00 a.m. to 2:00 p.m. (upstairs) and it will be caterer by the Rebekah’s. 


Geraldine McIntyre informed the Council that on December 16th, 2003 at 1:30 p.m. there will be a ground breaking ceremony at Crane for a new building.  


David Drake commented that Geraldine has been a good supporter of Crane as the Town’s representative and would like her to continue being the representative.  David Sorokoty agreed.


David Sorokoty appointed Geraldine McIntyre to be the Town’s Representative at Crane for 2004.  He closed by saying “Shop Ellettsville!”




He asked for a motion to adjourn.  Geraldine McIntyre moved for adjournment.  Lisa Creech seconded.  Motion carried.  Meeting adjourned at 8:33 PM.







____________________________                         __________________________

David Sorokoty, President                                         David Drake, Vice President




_____________________________                       __________________________

Lisa Combs-Creech                                                  Ray Freetage




____________________________                         __________________________

Geraldine McIntyre                                                    Sandra C. Hash, Clerk-Treasurer