November 14, 2005



The Ellettsville, Indiana, Town Council met in regular session on Monday, November 14,  2005, at the Fire Department Training and Conference Room.  William Evans called the meeting to order at 7:30 p.m.  Dennis Williamson led in the Pledge of Allegiance and Lisa Creech led in prayer.


Roll Call:  Members present were William Evans, Vice President; Lisa Creech and Dennis Williamson.  Sandra Hash, Clerk-Treasurer and Mike Spencer, Attorney were also present.  Patrick Stoffers was on vacation and Phillip Rogers was recovering from surgery.


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


Approval of the minutes


Lisa Creech made a motion to approve the minutes for the regular meeting on October 24, 2005.  Dennis Williamson seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


Lisa Creech made a motion to pay the Accounts Payable Vouchers.  Dennis Williamson seconded.  Motion carried.


Award Bid for Dump Truck and Snow Plow


William Evans explained the bidding was done on-line and we saved some money doing it this way.  The company with the winning bid was Wabash Ford-Sterling in Indianapolis.  The bids ranged from $74,999 to $65,500.  The winning bid was for $65,500.  We will pay for this over a period of a few years. 


Lisa Creech made a motion to accept the bid for the dump truck with snow plow from Wabash Ford-Sterling in the amount of $65,500.  Dennis Williamson seconded.  Motion carried.




Resolution 13-05 Fiscal Plan for the voluntary annexation of 5259, 5249 and 5325 Lakeview Drive also know as the Burrell and Bishop Property


Frank Nierzwicki, Planning Department, showed a map of the property to the Council. Some analyses have been done on the tax amount the Town will receive.  The total net assessed valuation for the proposed area is $188,300.   Based on the Town’s 2005 tax payable corporate rate the estimated tax revenues from the area would be an additional $4,254.78.  There would be no extra service for the Town to serve this area.  The Plan Commission reviewed this at their last meeting and recommends approval. 


Depending on the outcome of how the Council votes on the fiscal plan, the Ordinance below will bring this area into the Town of Ellettsville.


Ordinances on First Reading:


Ordinance 05-22 voluntary annexation of contiguous territory 5259, 5249 and 5325 Lakeview Drive also known as the Burrell and Bishop Property


Frank explained this ordinance describes the parcels and 29 acres that would be added to the Town.  Williamson asked if there are three separate parcels.  Frank said there were five or six parcel numbers.  


Lisa Creech made a motion to adopt Resolution 13-05 Fiscal Plan for the voluntary annexation of 5259, 5249 and 5325 Lakeview Drive also known as the Burrell and Bishop property.  Dennis Williamson second.  Motion carried.


Ordinance 05-24 to establish a fund for the Ellettsville Fire Department for receipts from the Assistance to Firefighters Grant


Jim Davis, Fire Chief, explained a few weeks ago the Fire Department was notified they received a $590,000 grant from the Department of Homeland Security.  This is for the entire County to purchase 800 Mz radio equipment.  Sandra is establishing a separate fund for this money to come in and go out of.  Lisa Creech asked Sandra if it would be easier to have this ordinance passed tonight on first reading.  Sandra said it is not necessary because the money has not yet been received. 


New Business


South Central Regional Sewer District - City of Bloomington - Town of Ellettsville Mutual Aid Agreement


Mike Farmer, Ellettsville Utilities, read the document in the packet that was reviewed by Mike Spencer.  This is a Mutual Aid agreement between utilities, City of Bloomington Utilities and South Central Regional Sewer District (which takes cares of all sewer customers in Monroe County besides Ellettsville and The City of Bloomington).  This agreement is for times of distress or emergencies when the water supply or sewer collection systems are in jeopardy.  It basically says in the event there exists an emergency that threatens the safety of a water supply or where the loss of service of water supply or sewer collection or treatment threatens the safety of the citizens of the respective communities or endangers the environment, there should be in place a mechanism for a neighboring organization possessing the necessary resources and expertise to immediately respond to a call for assistance.  This agreement spells out everything that needs to be known in case of emergency.  It explains what can and can not be done.  It is the sole discretion of the Utilities to decide whether they can respond.  During the tornado we had several agencies help us.  There are some situations where this would be beneficial.  Everyone in this agreement has something to offer the others.  All the utilities have several people that are trained and licensed by the State.  He asked the Council to vote on this to get the agreement going. South Central Regional Sewer District has already signed on.  Dennis asked what South Central covers.  Mike said it used to be called Monroe Regional Sewer District and covers all the sewer customers in Monroe County except the Town of Ellettsville and the City of Bloomington Utilities.  It is responsible for sewer collection and treatment around Lake Monroe.  They have a treatment plant called Caslon on Monroe Dam Road that takes care of Harrodsburg and the Pointe towards Smithville and the Town of Stinesville.  They also take care of the sewer treatment plant just into Lawrence County.  Dennis asked who takes care of the area west of town in Bloomington.  Mike said Westmont Sewer Collection system is being put in to assist the people having problems west of Town and will be part of the South Central Regional Sewer District.  They will cover all public sewer systems not septic systems.  The Health Department takes care of septic systems.  Dennis asked if they get into the septic programs, will this agreement need to be amended.  Mike Spencer said if someone was unhappy with it, the agreement could be terminated with 60 days notice.  Mike Farmer read about this in a journal and thought it was a good idea.  A lot of utilities are doing this now. 


Lisa Creech made a motion to adopt the South Central Regional Sewer District – City of Bloomington – Town of Ellettsville Mutual Aid Agreement.  Dennis Williamson seconded.  Motion carried.


Agreement with the Monroe County Library to provide local access television programming


William Evans read the agreement between the Library and the Town of Ellettsville to provide services and facilities to the public for local access television programming in its entirety. 

1.      To partially fund the operational expenses of the Community Access Center for the year 2006, the Town shall pay the fifty percent (50%) of its franchise fee for the calendar year 2004.  This amount shall be $9,618.00.  Such payment shall be in equal installments of $2,404.50 payable at the end of each quarter of the calendar year 2006.

2.      The Library shall, by means of the Bloomington Community Access Television, telecast meetings of the Ellettsville Town Council and other appropriate public meetings.

3.      The Library shall provide an annual progress and financial report to the Town Council, which report shall summarize the utilization of the Town’s payments.

4.      This agreement is subject to an appropriation of funds by the Ellettsville Town Council.

5.      Either party may terminate this agreement upon sixty (60) days written notice.

6.      This agreement is for a period of one year.


Sandra mentioned the 2006 contract amount will be 50% of the franchise fee we received in 2004.  There has not been increase for years in the percentage charged for franchise fees in our area.


Dennis Williamson moved that we accept the Agreement with the Monroe County Library to provide local access television programming.  Lisa Creech seconded.  Motion carried.


Supervisors’ comments


Frank Nierzwicki, Planning Department, had a meeting last week in the Fire Department Conference Center with the Metropolitan Planning Organization on Transportation Improvements.  About 25 people attended with the MPO staff taking input.  Bloomington had 30 people attend their meeting later that evening.


The Town of Ellettsville has a number of stakes in the Indiana Department of Transportation right of way along State Road 46.  This is part of a landscaping project by the State for trees and shrubs.  He will be having a meeting November 15 with INDOT to get the number and types of trees and shrubs. 


Sandra Hash referenced the Ordinance Violation List in the back of the packet. The Ellettsville Town Code requires the Clerk Treasurer to report code violations to the Town Council if a person fails to deny or admit the violation.  The Town Council shall determine whether to refer the cases to the Town attorney for further proceedings.  The list contains violations from the Police Department (parking, burning).


Lisa Creech made a motion we allow Sandy to send this list on to Mr. Spencer for collections in the court system.  Dennis Williamson seconded.  Motion carried.


Sandra announced we received the report from Bynum Fanyo Environmental on the 2005 storm water sampling.  A copy of the report is available for review at the Clerk’s office.


Dennis Williamson attended the Parks Board Meeting.  At the end of the year there will be two vacancies.  L.D. Axsom’s term is expiring and he does not want to renew.  Jeff Frownfelter submitted his resignation. The positions are for one Democrat and one Republican.  He would also like to wish everyone a Happy Thanksgiving.


William Evans wished all the Veterans a Happy Veteran’s Day.  He attended a training session on drug testing at the Police Station for the Reserves. 


Privilege of the Floor – non Agenda Items


Barbara Stafford, property owner of 431 Kelli Drive, has a concern about a man in Town that is buying a lot of property in Kelli Heights.  He is renting to people who are not taking care of the property.  There is a house across from hers that is loaded with trash in the yard.  There are junk cars and a truck in the street without a transmission.  The truck was tagged today after she called the police.  She has called Frank numerous times without any return phone calls.  She wants to know what can be done about this because she wants to put her home up for sale.  The other neighbors have put lots of money into their homes.  She has put $20,000 into her home during the last few years.  William mentioned there is a process the Town has to follow to take care of this.  Frank does the best he can when he can.  Mrs. Stafford mentioned this has been going on for months.  William asked Frank to comment on this situation.  Frank said there have been numerous complaints up and down this street.  Letters have been sent out and pictures have been taken.  The letters are sent to the owner and the renter.  Mrs. Stafford feels the letters are not doing any good.  There is still broken down furniture, trash in the front yard and noisy people coming and going during all hours of the day and night.  She spoke with a policeman and he is watching the house. She feels there are other things going on.  Mrs. Stafford inquired about the man who owns the property.   Is there something that can be done to make him check out the people he is renting to?   William said it is the owner’s responsibility to take care of this.  Dennis Williamson asked who owned the property.  Mrs. Stafford said Fred Ponton owns the properties and lives in Tanglewood.   Mrs. Stafford would like these rental people to move across the street from Mr. Ponton so he would know how it feels.  Sandra thinks these homes might be through Section 8 and maybe they would inspect the homes.  Lisa commented if Section 8 is notified these violations are taking place, they will come out and do an investigation.  If there are violations then the renters can lose their home and the owner could lose their Section 8 status and never have it again.  Section 8 is very proactive.  She also mentioned if enough violations are given to a home owner, Section 8 can deny them any Section 8 property.  Mrs. Stafford called the Clerk’s office and Sandra referred her to Laura at the Police Department number instead of calling the Planning Department number so she would be able to talk to someone.  Sandra asked if there was a way to have Frank’s calls roll over to Laura when he is not in the office.  Frank said he hasn’t been able to work that out.  Lisa recommended adding the additional number to his voice mail.  William Evans commented this is not a quick fix and it will take time.  Mrs. Stafford would greatly appreciate if something was done because the situation is getting bad.  Lisa said they will keep working on it.  Frank mentioned there is a two week follow up after the letters are sent. The renters are taking more of the responsibility.


William Evans mentioned Patrick Stoffers is on vacation this week. Phillip had some surgery to correct a vision problem and will hopefully be back after Thanksgiving.




Dennis Williamson made a motion to adjourn the meeting.  Lisa Creech seconded.  Motion carried.  Meeting adjourned 8:05 p.m.