November 13, 2006




The Ellettsville, Indiana, Town Council met in regular session on Monday, November 13, 2006, at the Fire Department Training and Conference Room.  William Evans called the meeting to order at 7:30 p.m.  Lisa Creech led in prayer and Phillip Rogers led the Pledge of Allegiance.


Roll Call:  Members present were William Evans, Vice President; Lisa Creech, Phillip Rogers and Dennis Williamson. Sandra Hash, Clerk Treasurer; Mike Spencer, Attorney and Rick Coppock, Town Engineer were also present.  Patrick Stoffers was absent due to a previous engagement.


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


Approval of the minutes


Lisa Creech made a motion to approve the minutes for the Regular Meeting for October 23, 2006 and the Executive Session for November 2, 2006.  Phillip Rogers seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


Lisa Creech made a motion to pay Accounts Payable Vouchers.  Phillip Rogers seconded.  Motion carried.




Resolution 20-06 to adopt a Fiscal Plan for the Young Area Annexation (Louden & Reeves Road)


Frank Nierzwicki, Director of Planning and Redevelopment for the Town of Ellettsville explained the fiscal plan for the Young Area Annexation.  This property is approximately 122 acres located on the south east corner of Louden and Reeves Road.   The Plan Commission approved this during their last meeting.  The area would be zoned R-1.


Lisa Creech made a motion we adopt Resolution 20-06 to adopt a Fiscal Plan for the Young Area Annexation.  Phillip Rogers seconded.  Motion carried.


Resolution 21-06 to adopt a Fiscal Plan for the Headley-Kinser Annexation


Frank Nierzwicki stated the legal description from the petitioner had not been submitted and will have to be tabled until the next meeting. 


Resolution 22-06 to adopt a Fiscal Plan for the Lakeview Drive II (West) Annexation


Frank Nierzwicki announced this property is the continuation of Lakeview Drive I annexation that was passed last year.  This property is 35 acres located to the west of Lakeview Drive, south of the Meadowlands and north of State Road 46.  This would be zoned Commercial/Residential PUD. 


Lisa Creech made a motion we adopt Resolution 22-06.  Phillip Rogers seconded.  Motion carried.


Resolution 23-06 Transfer of Funds


Sandra Hash explained the Fire Department made this request to do some truck repairs.  They are asking for $4,000 to be transferred from the Fleet Insurance line to Truck Repairs.  The Fleet Insurance has already been paid this year.


Dennis Williamson moved that we adopt Resolution 23-06 Transfer of Funds.  Lisa Creech seconded.  Motion carried.


Ordinances on First Reading


Ordinance 06-21 to annex the area known as the Young (Louden & Reeves Road) Annexation


Frank Nierzwicki stated this property was introduced earlier under the Resolutions.  There were no questions and no action will be taken on first reading.


Ordinance 06-22 to annex the area known as the Headley-Kinser Annexation


This ordinance has been tabled for the evening.


Ordinance 06-23 to annex the area known as Lakeview Drive II Annexation


Frank Nierzwicki presented all the information earlier under the Resolutions.


Ordinances on Second Reading


Ordinance 06-19 to amend 152.236 of the Ellettsville Town Code concerning a sign permit fee


Frank Nierzwicki explained a section of the sign permit fee in the Town Code was inadvertently removed.  This ordinance will add it back into the Code.  The ordinance will constitute a review fee for a new sign or when a sign face is changed.  Lisa Creech asked if this meant any sign face.  Frank said there needs to be a review of all sign changes.  Sandra questioned this at the last Plan Commission meeting because it was such a broad statement.  She spoke with previous inspectors and asked if they charged for a sign permit if “just the wording changed”.  There was not a charge for that type of change.  She questioned the message boards are changed daily and this ordinance is vague enough that it could be debated.  Frank explained the reasoning for the fee but Sandra is still not convinced there should be a $50 fee every time.  Lisa Creech understands where Frank is coming from.  We want our Town to be presentable.  Frank said it is common practice in most cities and towns to have an ordinance like this.  Stuart York asked how is this going to affect the Methodist Church and Chicago Pizza changing the letters on their signs.  Frank explained the permit on a “read board” allows the wording to be changed. 


Lisa Creech made a motion to adopt Ordinance 06-19 to amend 152.263 of the Ellettsville Town Code concerning a sign permit fee.  Phillip Rogers seconded.  Motion carried.


Ordinance 06-20 to annex the Early Childhood Center, Lifeway Baptist Church and Chapel Hill Wilderness Area (Near west side State Road 46 annexation area).


Frank Nierzwicki explained this is 271 acres with 245 acres located north of State Road 46.  The Lifeway Baptist Church and Early Childhood Center are located on the south side of State Road 46.  The properties to the south are requesting a C-3 zoning which is consistent to the corridor development on State Road 46.  The 245 acres on the north side is requesting an agricultural zoning which is consistent with the use of the land.  The owner of the property does not have any plans for development at this time. 


Dennis Williamson moved to adopt Ordinance 06-20 to annex the Edgewood Early Childhood Center, Lifeway Baptist Church and Chapel Hill Wilderness Area.  Lisa Creech seconded.  Motion carried. 


New Business


Meadowlands Section Three Final Plat, Amendment One


Rick Coppock, Bynum Fanyo presented a plat amendment to change two lots in the Meadowlands into one to accommodate a home equal to the homes already there.  The roads, water and sewer are all developed around these lots.  This will be known as Lot 18. 


Art Hayes asked if the sidewalks were six feet off the street with grass strips.  Rick Coppock answered everything will match what was approved with the original subdivision.  Art Hayes stated the zoning ordinance says there should be six feet of grass with five foot sidewalks.  He asked if they were violating the ordinance.  Frank Nierzwicki said there is a common practice of having six feet of grass buffer but you want sidewalks to meet up with the existing sidewalk in this addition.  Lisa Creech clarified there was an original plat that was approved and all we are doing is amending the original plat for this one lot.  Frank verified everything will be the same except two lots will become one.  Rick Coppock stated they are required to build whatever was approved at the original plat.  Art Hayes pointed out the sidewalks are on the streets.  William Evans asked if the Town is legal in approving this the way it was originally submitted.  Mike Spencer stated there is a petition to amend one lot and they are well within their legal prerogative to approve this.  The issue of the sidewalks is not before the Council tonight.   


Lisa Creech made a motion to amend the Meadowlands Section Three Final Plat Amendment One to allow Lot 18A & B to be Lot 18.  Phillip Rogers seconded.  Motion carried.


Public Comments


Art Hayes asked if Bynum Fanyo works for the Town and the developer.  William Evans answered yes they work for the Town.  Rick Coppock clarified Bynum Fanyo is representing the developer.  Art Hayes said “this is conflict of interest” and asked “is there one here”?  He has reviewed records back to 1994 and continues to see “the Town and Bynum Fanyo”.  He alleges the Town put in the speed bumps in the Meadowlands because of a mistake someone else made.  He asked again “is there a conflict of interest here”? 


Mike Spencer was not aware of any conflict of interest at this point.  He thinks the Town has always been aware Bynum Fanyo has brought forward to them projects they are developing privately.  His recollection is Bynum Fanyo is not an employee but work for the Town by contract.  As long as everyone is aware of what is going on; which the Town Council and developers have been, Bynum Fanyo has never received any benefit being the Town Engineers. 


This did not answer Art Hayes’ question and he will look further into it.  Art Hayes then asked Mike Spencer if he read the copy of the “Road Access for Disabled Americans” that was given to him at the last council meeting.  Mike Spencer replied he was not asked by Council to review it.




Lisa Creech made a motion to adjourn.  Phillip Rogers seconded.  Motion carried.  Meeting adjourned 7:54 p.m.