February 26, 2007




The Ellettsville, Indiana, Town Council met in regular session on Monday, February 26, 2007, at the Fire Department Training and Conference Room.  Dennis Williamson called the meeting to order at 7:30 p.m. with a moment of silence to remember Jim Thrasher who was a Volunteer Fireman for 20 years, local school teacher, Program Director for the Fall Festival and all around good guy.  Dennis led with prayer and the Pledge of Allegiance. 


Roll Call:  Members present were Dennis Williamson, President; Dan Swafford, Vice- President; Dianna Bastin, Ted Robertson and Phillip Rogers. Sandra Hash, Clerk Treasurer; Mike Spencer, Attorney and Rick Coppock, Town Engineer were also present. 


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


Approval of the minutes


Dianna Bastin made a motion to approve the minutes for the Regular Meeting February 12, 2007 and the Executive Session of February 22, 2007.  Phillip Rogers seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


Dan Swafford made a motion to approve the Accounts Payable Vouchers.  Dianna Bastin seconded.  Motion carried.




Proclaim the month of March 2007 as American Red Cross Month


Sandra Hash read the Proclamation in its entirety stating The Monroe County Chapter of the American Red Cross has served the Citizens of Ellettsville with compassion and integrity since inception in 1917 therefore, The Ellettsville Town Council do hereby proclaim the month of March 2007 as American Red Cross Month. 


Sandra Hash read the Tri Kappa Proclamation in its entirety.   Tri Kappa is celebrating 105 years of community and charity programs statewide during the week of February 18-24, 2007.  Tri Kappa is a philanthropic organization located only in the State of Indiana.


Dianna Bastin made a motion to approve and adopt the Red Cross and Tri Kappa Proclamations.  Phillip Rogers seconded.  Motion carried.


Ordinances on First Reading


Ordinance 07-01 to amend Ordinance 06-25 fixing of the Salaries for Budget Year 2007


Sandra Hash stated this ordinance is to correct a longevity error.


New Business


Purchase of a 2008 Ford Escape 4WD for the Department of Planning Services


Frank Nierzwicki presented the price summary for a new vehicle for the Planning Department.  He explained the current vehicle expired with a dead battery during the cold weather.  He passed the repair information on to his Liaison who suggested replacing the car. 


Phillip Rogers made a motion to accept the bid offer on the 2008 Ford Escape for the Planning Department.  Dan Swafford seconded.  Motion carried 4-1. 


The following discussion took place before the vote was taken


Dan Swafford asked what the vehicle will be used for.  Frank said the use of the vehicle will be for enforcement issues, violations such as sign removal, on site inspections and driving to conferences and meetings.  Dianna asked what color is it.  Frank answered “light green”.  Ted Robertson asked Frank if he will be driving this vehicle home.  Frank stated this is not a take home vehicle.


Fire Department request to hire four Part-time Firemen


Jim Davis, Ellettsville Fire Department presented a letter signed by his Liaison, Ted Robertson, and himself requesting additional part-time employees.   Part-time employees cover 19,000 hours a year and are located at both fire stations.  Three current part-time firemen have left and taken full-time jobs so there will be no increase in hours, money or personnel. 


Phillip Rogers made a motion we accept the request of the Fire Department for four part-time Firemen.  Ted Robertson seconded.  Motion carried.


The following discussion took place before the vote was taken


Ted Robertson went on to say these new firemen had the highest scores.  Dianna asked if these firemen were on the payroll.  Jim Davis explained they are not on the payroll; they are volunteers.  The Town Policy (36.100) allows for volunteer firemen, as long as they were brought on in the same process as paid employees, be allowed interdepartmental transfer from volunteer status to full pay status.  They will start in the morning if this is approved.  Dennis asked if this is in the budget.  Jim Davis replied yes and reiterated there is no increase to the current budget.  


Litten Estates Phase I Replat


Frank Nierzwicki and the Plan Commission are requesting the replat approval of Phase I for Lots 8, 9 and 10.  The petitioner would like to increase the size of the lots and move the retention area to the southern portion of the next phase.  The Planning Staff has worked with the Town Engineer concerning the petitioner’s proposal and the Plan Commission approved this at their February 2007 meeting. 


Brian Hearne, Hearne Development explained the revision of these three lots is to enable them to have bigger backyards.  The plat originally had a 50 foot utility and drainage easement; the new comprehensive drainage plan will allow them to move the detention area to the north on an acre parcel by itself. 


Dianna Bastin made a motion to approve the Litten Estates replat for Phase I.  Phillip Rogers seconded.  Motion carried. 


Edgewood Village PUD Amendment


Frank Nierzwicki presented the Edgewood Village PUD Amendment explaining two issues. The first issue was regarding patio homes on an “eyebrow” street located on the north east portion of the proposed development.  The other issue was a drainage change in the same location.  The Plan Commission discussed and approved this proposal during the February 2007 meeting. 


Jeff Fish, Edgewood Village Developer has come up with a good compromise plan to blend the project.  He handed out a packet showing the old and new plats for a reference point. 


Dianna Bastin made a motion to approve Edgewood Village PUD Amendment.  Phillip Rogers seconded.  Motion carried.


The following discussion took place before the vote was taken


Ted Robertson asked if the new units had age requirements.  Jeff Fish’s proposal is to keep the commitment for at least one person over 50 years of age.  There are no minimum age restrictions.  Dianna asked about the traffic flow in the “eyebrow” section.  Jeff Fish said this area will serve eight total units and he does not expect a lot of traffic flow through the “eyebrow”.  The primary traffic will travel through the current cul-de-sac as presently designed.  The “eyebrow” will give the area a nice green space.  Stuart York asked about the size of the homes.  Jeff Fish said the units are fairly small at less than 1,000 square feet with one and a half garage.  He is hoping to have this development finished within five years or sooner.  Dan Swafford applauds Jeff’s efforts working with the neighbors.  Jeff Fish said it has been a pleasure working with everyone in Ellettsville. 


Russ Ryle, Reeves Road adjoining neighbor stated it has been a pleasure working with Jeff Fish and watching this project the last two years.  It will be an asset to our community.  He clarified Jeff will be reducing the density of this project from 40 to 34 units.  Russ Ryle would live in one of these homes.  He asked about some unresolved issues on Mustang Drive west of Jeff’s project.  There is damage to the substructure of Mustang Drive, pavement issues and on going work to get this resolved.  He asked the Board to have Frank Nierzwicki give an update of this project at the first meeting in May.  Dennis Williamson asked Russ Ryle to clarify the area he was asking about; from Edgewood Drive coming east to the last W.R. Dunn property, eastern edge of the property owned by Area 10 on the north side of Mustang Drive.  There are some serious issues with the pavement not having a top coat.  Russ Ryle stated Jim Ragle, of the Street Department, marked the street where the issues were.  Russ Ryle is hoping that between what Jeff Fish will do for the street and the remaining bond money from the previous developers the repairs can be made.  Frank can make the report to include the plan, where the money will come from and the issues we need to address.  His objective is to see the street in “A-1” condition by the end of this construction season. 


Sandra Hash added the availability of bond money was brought up at the Plan Commission meeting.  The letter of credit taken out by Mr. Dunn has expired.  She called the bank and confirmed this.  There is no available bond or letter of credit for the street repairs.  Frank Nierzwicki replied he has been in contact with Mr. Dunn and they have discussed the patch work that needs to be done.  Russ Ryle asked if these conversations took place before the bond expired do we still have access to the bond money?  Mike Spencer said to read the contract and see what it says.  Sandra called the bank directly and was told once it expires, if no claim has been made on it, then it is expired.  Frank said some claims were made to clean up and remove the trailer debris. There are also some outstanding occupancy permits on hold.  He met with Mr. Dunn’s representative last fall about sidewalk and pavement issues.  Sandra asked if Frank has a written agreement because conversations are not binding.  Frank said the holds on the occupancy permits are important to Mr. Dunn and feels they have a good understanding. 


Russ Ryle rephrased his request for the May meeting.  By the first Council meeting in May he would like a formal report from Frank and or the attorney for the Town as to where we stand on this.  The Town owes it to Jeff Fish to fix the streets. 


Art Hayes asked when the PUD was mentioned and which PUD?  The Town Ordinance refers to something that is not there. 


Supervisors Comments


Jim Davis, Ellettsville Fire presented the Council with the Fire Department year end report.  He commended Donya, Administrative Assistant, for putting together an excellent document.  He pointed out the run volume for the year including Town, Township and Mutual Aid.  He explained the Percentage of Calls per Area Chart.  He clarified the new aerial truck they are purchasing will be blue.  Dennis Williamson commended Donya on a nice job. 


Dennis Williamson read and appreciated Ron McGlocklin’s report.  He would like Ron to tell Russell Harris he did a good job on the report.


Public Comments


Art Hayes asked about the SUV “boy toy”.  Has the Town purchased this vehicle before the meeting or is it being donated?  Dennis Williamson replied the Town is purchasing it.  Art Hayes asked about the cylinder and purchase price.  Ted Robertson stated the vehicle is a 6 cylinder.  The price is $20,053.  Art Hayes stated he did not know why the Town needed to buy an SUV.  It should have been something more reasonable and practical with better gas mileage.  He asked how this vehicle will be paid for.  Sandra answered from the Cumulative Capital Development Fund. 


Dan Swafford congratulated the Edgewood Basketball team.  They are very impressive.


Dianna Bastin thanked the Ellettsville Street Department on the great job they are doing.  The weather has been very bad since the last meeting and the Street Department was out there. 


Dennis asked Ron McGlocklin when the basketball team wins Sectionals this weekend is there an escort plan.  Ron said it has all been worked out. 




Dianna Bastin made a motion we adjourn.  Phillip Rogers seconded.  Motion carried. Dennis Williamson adjourned the meeting at 8:08 p.m.