March 26, 2007




The Ellettsville, Indiana, Town Council met in regular session on Monday, March 26, 2007, at the Fire Department Training and Conference Room.  Dan Swafford called the meeting to order at 7:30 p.m. Dianna Bastin led the Pledge of Allegiance and Sandra Hash in prayer. 


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


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


Approval of the minutes


Dianna Bastin made a motion to approve the minutes of the Regular Meeting March 12, 2007.  Phillip Rogers seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


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


Open Bids for 1997 Ford Crown Victoria Patrol Car


Sandra Hash opened and announced two bids.  The first bid was for $302 and the other $800. 


Dianna Bastin made a motion that we accept the bid of $800 for a 1997 Ford Crown Victoria patrol car.  Phillip Rogers seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; Ted Robertson – yes; Phillip Rogers – yes.  Motion carried




Resolution 03-07 authorizing expenditures from the Rainy Day Fund to cover unexpected expenses


Dianna Bastin made a motion to approve Resolution 03-07 authorizing expenditures from the Rainy Day Fund to cover unexpected expenses.  Phillip Rogers seconded.  Motion carried 3-1. 


Ordinance on Second Reading


Ordinance 07-02 to amend Ordinance 06-25 fixing of the Salaries for Budget Year 2007


Dianna Bastin explained the Water and Sewer Fund would like a position to be changed from Temporary Part-Time to Temporary Full-Time.  The other section of this ordinance is to remove “16 hours per week” for the Code Enforcement Assistant.  Dianna clarified the money has already been budgeted for 16 hours and she does not want them to run out of money to pay this position.  She would like to amend this ordinance to change the Water and Sewer Fund and leave the Code Enforcement as is.  Sandra asked about adding the Temporary Part-Time line to the Planning and Zoning.  Dianna understands these two positions can be separate.  Sandra clarified striking both references to the Code Enforcement Assistant.  Dan Swafford asked if this will need another reading with the changes.  Sandra said this could be passed as amended. 


Dianna Bastin made a motion to accept Ordinance 07-02 as amended.  Phillip Rogers seconded.  Motion carried.


Supervisors Comments


Frank Nierzwicki, Director of Planning Services introduced two individuals from the Southern Indiana Pediatric who will be opening an office very soon in Ellettsville; Doctors Jason Simmons and Amy Simpson.  Jason Simmons introduced himself and said he is a 1992 graduate of Edgewood High School and recently joined SIP.  He graduated from IU in 1996, went to IU Medical School and did his residency at Riley Hospital.  The SIP goal date for opening is May 21, 2007.  He is happy to be back in his hometown and looks forward to working here.  Sandra asked if he was related to a teacher and he said yes.  Sandra welcomed him to the community and commented this will be a great asset.


Amy Simpson introduced herself and said she graduated from Medical School at the University of Kansas in 1986.  She did her residency at Riley Children Hospital finishing in 1989.  She practiced in Arkansas for 11 years.  She has worked for SIP, in all of their offices, for 5 ½ years.  She has three children and will be glad to be working in Ellettsville. 


Public Comments


Monroe County Fall Festival


Ron Wayt, Monroe County Fall Festival President requested street closures for the Festival.  The Festival will be September 20, 21, 22 (Thursday – Saturday) and be held at Lewis Park.  The Eagles Landing will not be used for the festival grounds as last year.  He would like Park Street from State Road 46 to where it joins Ritter including Campbell’s Park Drive closed off.  The intersection of Turtleback Creek Drive and Park Street will also be closed.  He spoke with Ron McGlocklin and Jim Ragle who said this is not a problem.  The streets will be shut down completely because last year the cars continued to drive through. They are requesting the main roads be closed Thursday at 4 p.m. until the Festival closes Saturday night.  The streets will be closed with barricades and a staffed person directing traffic.  The only traffic allowed in Campbell’s Park Drive will be used only as an access to handicapped parking at Campbell’s Park.  Additional handicapped parking will be at the RBBYS baseball field.  The vendors will also park at the baseball field.  If the weather is nice they are expecting 50,000 people which will be an asset to the community. 


Dan Swafford asked Ron McGlocklin and Jim Davis if there were any problems with this street closing.  Ron McGlocklin said the street closings will be easier to handle at one location.  Dianna clarified the streets will be closed from Temperance to Ritter, Campbell’s Park Drive and Turtleback Drive. 


Dianna Bastin made a motion we allow the Festival to close the roads from Park Street on Temperance to Ritter, Campbell’s Park Drive, the entrance to Turtleback.  Phillip Rogers seconded.  Motion carried.


Ron Wayt stated there are a lot of people working on this but would like more volunteers.  He invited the Board members to attend the meeting Thursday at the park.  The Shelter House will need some improvements; the money will come from the Fall Festival budget and they will go before the Parks Board and Trustee.  He questioned this because the Shelter House was built and paid for by the Fall Festival but the rest of the land requires going through so many different people to get anything done.  He would like the Town Board to look at having one governing body in charge of the park.  It is very confusing.  Ron was told he needed to go before the Parks Board before any repairs are done to the building.  There is $10,000 worth of repairs and renovating that needs to be done.  This will help the Parks Board rent out this facility since some of the changes include a handicap ramp onto the stage, a solid floor and post removal from the stage.  Ron has received two estimates on the work that needs to be done.  Being a home owner and part of the community, he would like to see things planned out and working properly. 


Dianna suggested starting with the Parks Board to see if they are willing to take command of this situation.  Dan thanked Ron for his help to make this Festival great and successful. 


Sherry Hayes had a few concerns:

  • The Resolution passed tonight - she asked if the car, already allocated to the Director of Planning Services, had money originally allocated in the budget for the repair and up keep of that car.  If there was, were repairs made to the vehicle unsuccessfully requiring it to be replaced?  If it does need to be replaced, why was the decision made to replace it with an SUV?  Why wasn’t a more “budget conscious” vehicle selected like a small pick-up?  As a taxpayer, she feels the            Town has a duty to the taxpayers to be as fiscally responsible as possible.
  • Meadowlands – the new road being constructed does not meet the angle required by Subdivision Regulations.  The new house being constructed is below both street levels.  She expressed concern since Town money was used to correct a situation with another house in the Meadowlands that had flood water rushing in because it was below street level.  If this is not a violation of any ordinances; she does not want to see Town money used to correct it when people buy the house and complain because there is water.  Dianna asked if this house was being built for someone.  Sherry Hayes did not know. 
  • Walk Bridge – the developer built a walk bridge across the creek connecting both pieces of the property behind the house.  The bridge could become dislodged in high water and create a dam which could cause more flooding.  There are other walk bridges on this creek.  She questioned if they have proper permits or if they have a legal right to do this giving an example of a walking bridge at the ball park that required approval from the DNR. 
  • PUD Ordinances – She does not believe our PUD zoning have sufficient ordinances backing them.  It seems to reference back to the Thoroughfare Plan which does not appear to be an ordinance.  There are less ordinances covering development in Ellettsville now than in the past.  Ellettsville should have better, clearer and concise ordinances.   Developers can come into town and do what they want.  It is the taxpayers of Ellettsville that will pay for this lack of protection.  Why are so many things being called a PUD when her understanding of a Planned Urban Development should be a mixture of zoning types? 


Ed Bitner, Main Street resident liked Sherry Hayes’ comments about several things.  He had some other items to discuss:

  • He questioned Dan Swafford about not asking for Public Comment the on Resolution voted on this evening.
  • He has not heard anything regarding the sign at Jack and Jill Daycare.  Frank Nierzwicki answered it has been turned over to the Attorney for follow up. 
  • He asked “Did I miss the meeting where the Town Board voted to raise the cable bill?” 


Sandra Hash answered the Board had not voted to increase the franchise fee.  Ed Bitner explained his cable bill had gone up and he called the cable company.  The cable company explained “the Town of Ellettsville raised their percentage on the Franchise Fee and to talk to the Board”.  Sandra Hash stated she can verify an increase has not come before the Town Council.  The whole concept of cable has changed.  Legislation has changed the way it is handled; they must now go through the Indiana Utility Regulatory Commission.  She received a letter stating the Town will continue to receive franchise fees, but no increase was indicated.  Ed Bitner replied he spoke with the cable company who did say the percentage went up in Ellettsville and the Town Board voted to bring it up.  Sandra clarified that did not happen. 




Dianna Bastin made a motion we adjourn.  Phillip Rogers seconded.  Motion carried. Dan Swafford adjourned the meeting at 7:59 p.m.