October 12, 2004







The Ellettsville, Indiana, Town Council met in regular session on Tuesday, October 12th, 2004 at the Town Hall.  Patrick Stoffers called the meeting to order at 7:30 PM.  Lisa Creech led in prayer and Dennis Williamson led in the Pledge of Allegiance. 


Roll Call:  Patrick Stoffers asked for roll call of the Council Members.  Members present were:  Patrick Stoffers, President; William Evans, Vice-President; Phillip Rogers, Lisa Creech and Dennis Williamson.  Also present were Sandra Hash, Clerk-Treasurer; Mike Spencer, Attorney; Rick Coppock, Town Engineer.


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


Approval of the regular meeting minutes for September 27th, 2004


Lisa Creech made a motion to approve the minutes for September 27th, 2004.  William Evans seconded.  Motion carried.


Action to pay Accounts Payable Vouchers


William Evans made a motion to pay the accounts payable vouchers.  Lisa Creech seconded.  Motion carried.


Announcements – Free flu shots for Town employees, paid by the Town through Bloomington Hospital


Sandra Hash explained the Town had arranged with Bloomington Hospital to have the Town pay for flu shots for all interested Town employees October 14, 2004, however, Bloomington Hospital contacted the Clerk’s Office and informed her that there is a shortage of the flu vaccine so the Hospital had to cancel this opportunity.




Resolution 23-04 concerning the Council’s desire to pick up all of the three percent (3%) mandatory contributions by the employees, who are members of PERF


Lisa Creech read the resolution in its entirety.


Patrick Stoffers this was a budgetary decision made by the Council which was made in lieu of salary raises for the Budget Year 2005.   He added this is a fairly common practice for government entities to pick up employees’ 3% contribution.


Lisa Creech made a motion to adopt Resolution 23-04.  William Evans seconded.  Motion carried.


Resolution 24-04 Transfer of Funds


Lisa Creech read the resolution in its entirety. 


From:  G-122 Group Health Insurance                                      $500.00

To:  G-123 Unemployment Tax                                                $500.00


From:  Parks 342 Skate Park Property and Liability      $162.50

From:  Parks 343 Skate Park Medical and Accident     $112.50

From:  Parks 314 Legal Services                                              $300.00

From:  Parks 211 Miscellaneous Supplies                              $1,000.00

To:  Parks Community Support                                              $1,575.00


Patrick Stoffers asked for Sandra for a synopsis. 


Sandra Hash said the unemployment tax had gone up at the beginning of the year which was not budgeted for in the previous budget so this adjustment was needed.  The other transfer is per a Parks Board memo requesting to transfer these funds in order to pay for the security the Ellettsville Police Reserves are providing.


William Evans made a motion to adopt Resolution 24-04 Transfer of Funds.  Phillip Rogers seconded.  Motion carried.


Ordinance on First Reading


Ordinance 04-18 Additional Appropriation


Patrick Stoffers read by title and asked Sandra for a synopsis. 


Sandra Hash explained this is for “bookkeeping housework” and explained the reason for each additional appropriation.  The Planning and Zoning Administrator’s vehicle had unexpected repairs, more funds were needed to cover Rule 13 Storm water unexpected expense, fuel for the PZA’s vehicle which was taken out of B-215 and a new appropriation line created for fuel for the vehicle and other vehicle maintenance was taken out of the street light line which needed to be reimbursed.   These were issues not anticipated in 2003 for budget year 2004.  


P-231 Vehicle Repair and Maintenance                                   $1,540.00

G-315 Miscellaneous Professional Expense                  $5,000.00

B-215 Office Supplies / Permit Forms                                      $1,000.00

B-221 Gasoline and Vehicle Maintenance                                 $ 500.00

G-354 Street Lights                                                                 $3,400.00

Total for General Fund:                                                          $11,440.00     


Sandra added in 2003 $11,200.00 was encumbered for the PZA but, those funds could not actually be carried over for Personal Services so this money is actually covered from remaining funds from 2003.


Ordinance 04-19 an ordinance to amend chapter 36 of the Ellettsville Town Code concerning Holidays


Patrick Stoffers read by title and asked Sandra for a synopsis. 


Sandra Hash explained Lisa Creech introduced an ordinance last year that added Veteran’s Day and Election days (primary election in May and fall election in November); however, that Council denied the election days but approved Veteran’s Day.  When the Town Code was codified by American Legal it wasn’t clearly defined to leave off the election days and they inadvertently added Election Day to the Town‘s Holidays list.  She said it is her understanding this Council would like to amend the Holidays section of the Town Code to give all Town employees election days on election years off as it is already stated in the Code and to correct paragraph #1 to change eight hours off to one shift off for all personnel other than fire and to correct that Fire personnel will receive five paid holidays on election years and four paid holidays plus eight hours on years without elections in paragraph #2.    Therefore, on election years Town employees would receive fifteen paid holidays off and on years without elections employees will receive thirteen paid holidays off.


Ordinance 04-20 annexation request for Chris Sims, Timothy Sims and Michael Sims at 5080 N. Capital Avenue (Plan Commission recommends C-3 zoning as requested by petitioner)


Sandra Hash explained this parcel was divided in the 1990’s so homes could be built on a portion and just that portion was annexed into the Town.  The owners would now like to have the remaining property to be annexed into the Town to have uniformity on all of their property instead of part of it being in the Town and part of it being in the County.  It is behind an existing commercially zoned area so they are requesting commercial zoning.


Ordinance 04-21 annexation request for Arthur and Mary Ann Staggs at approximately 5500 N. Union Valley Road (Plan Commission recommends R-1 zoning as requested by petitioner)


Rick Coppock explained this property is to the north of Union Valley Farms and the petitioners Arthur and Mary Ann Staggs want to continue with the same design concept as the Union Valley Farms subdivision.  This is zoned R-1.  The single lot with the existing house on it will remain the same.                       




Jennifer Freeman is an adjacent property owner and stated she would like the area to remain the same as it is currently or at least not have four homes per acre as planned.  This development will take away from the environment that is there now and asked the Council to consider her concerns.


Ordinance 04-22 vacating the alley between 108 and 114 W. Temperance Street (Plan Commission recommends)


Bob Sowder explained prior to purchasing their property they were told it was a private drive, then sometime in the 80’s they were asked to tear down an old garage/storage building that set in the alley so that the Town could repave the alley.  They thought that it would be a good idea so they contracted to have it torn down then found out the Town was wrong and that it wasn’t an alley after all.  The property owner Nancy Acuff then built a wooden fence across the drive to prevent through traffic saying her Attorney Fred Gregory said it was not an alley but a private drive.  Since INDOT has completed bringing their drive up to grade the Town now thinks again the drive is an alley.  Therefore, he brought this issue up before the Plan Commission and Town’s Attorney Mike Spencer suggested they request the alley be vacated officially to clear up this issue.   The property sets mainly on 114 W. Temperance Street.  


Ordinance 04-23 zoning change from C-2 to I-1 from approximately 104-114 W. Temperance (Plan Commission denied)


Bob Sowder explained prior to purchasing their property in 1978 they were told by Town Officials they were zoned the same as Robinson Block which is Commercial, Light Industrial.  In June of this year Jeffery York, former PZA sent them a letter stating they were zoned C-2.  He spoke to Mr. York about this issue and a second letter from Mr. York reiterated they were zoned C-2 Tourist Commercial which was taken from the 1966 zoning map.  He doesn’t understand why Town Officials have repeatedly told him and Darlyne over the past twenty-six years that their zoning is the same as Robinson’s even when they have specifically asked about their zoning and feels there must be some confusion on the maps or maps must be missing.  In the Town Code their type of business is listed only under industrial (Town Code section 152.080) which indicates warehousing and distribution are acceptable in the I-1 district and that is what Sowder Distributing Company is and has been for twenty-six years.  If they do not get officially zoned Commercial, Light Industrial their business could be in jeopardy and possibly put them out of business if rezoned to C-2.  He touched on other issues Mr. York had reported in his staff report to the Plan Commission such as parking and Bob said they have adequate parking spaces.  He believes Mr. York rushed through this issue and didn’t look deep enough because Mr. York was incorrect in his assessment of the areas surrounding them being vacant buildings, they are in fact in use for merchandise storage.  There are other occupied homes near them also including the owner of the old operating carwash as well as the home with at least three apartments.  He and Darlyne think changing their zoning to C-2 will be detrimental to their business and property values.  None of their neighbors they have spoken to have voiced opposition to the I-1 zoning.  They are requesting rezoning from C-2 to I-1 to correct the mistake that has occurred somewhere along the line since the property was purchased by them. 




Lisa Creech pointed out Mr. York brought this entire issue came up because of the storage trailers and asked Bob for confirmation. 


Bob Sowder confirmed Mr. York said he couldn’t have the trailers parked there under this zoning of C-2 which is their actual zoning.  He’s been told some people would like to see the trailers moved but where they’re parked right now is kind of a secluded location behind the building where they’re hard to see.  He’s had people from the Town tell him he should move his trailers across the road to Robinson’s property which is zoned appropriately and that would solve the problem.  So if they look “bad” on my property they’re going to look bad sitting on Robinson’s property.  He can’t move the trailers quickly because they are full of merchandise and he doesn’t have anywhere to put the merchandise right now.  He is renting one of the trailers and would like to get rid of it. 


Lisa Creech said the Code reads if the property is zoned I-1 is says that residential should be prohibited in that zone so since they (Bob and Darlyne) live next to the business that could be a problem for them if the Council would allow the I-1 zone.  She said suggested they really look at this because they might solve one problem for the business but end up with another for their residence.


Sandra Hash pointed out in Jeff York’s staff report is said if it was zoned Industrial that could lead to other manufacturing in that part of the Town, if it were to be sold, which the Town may not want.


Bob Sowder pointed out the code limits the type of manufacturing that could go in that type of zoning.    It also says it needs to be on or along an arterial street which that would be.  He doesn’t understand why zoning it Commercial, Light Industrial would be a problem; his neighbors are fine with it.  If the zoning doesn’t get changed the Town may force them right out of Town and he might have to file bankruptcy.


Lisa Creech said reading the Code she thinks they will fit into the C-2 and not be driven out of Town and but they will still have to move the trailers.


Ordinance on Second Reading


Ordinance 04-16 an ordinance to amend sections 152.220 – 152.227 and adding section 152.228 of the Ellettsville Town Code concerning parking, loading and driveways


Patrick Stoffers read by title and asked Sandra for a synopsis. 


Sandra Hash explained the Council had passed an ordinance in April that had several drastic changes to the Town Code but Jeff York after handling several issues with the public realized the ordinance was too restrictive and hard to enforce.  Jeff realized the ordinance needed to be revised so that the public could come into compliance more easily so Jeff revised the ordinance after several Plan Commission meetings and public comments.  She pointed out since we don’t have a PZA we don’t have anyone to issue driveway permits currently.  She requested to be allowed to only publish the fee schedule in the newspaper and not the entire ordinance since this is such a large ordinance.


Pat Stoffers said he thinks the entire ordinance should be published.


Mike Spencer said the entire ordinance needed to be published.


Dennis Williamson asked if some people previously paid $25 for driveway permits including him when the first version of the ordinance was adopted; do those people get a $20 refund because a few people have asked him.    


Sandra Hash said that question should be considered by the Council.


Patrick Stoffers said that won’t be taken into consideration until after this ordinance is officially adopted and published.


Lisa Creech made a motion to adopt Ordinance 04-16.  William Evans seconded.  Motion carried.


Ordinance 04-17 an ordinance to amend sections 152.101 – 152.112 of the Ellettsville Town Code concerning floodplains


Patrick Stoffers read by title and asked Sandra for a synopsis. 


Sandra Hash explained the Indiana Department of Natural Resources (DNR) met with Jim Davis to tour the Town and after reviewing our current Code on floodplains the DNR has suggested these changes.  These changes are described in this ordinance and will update our Code which will bring the Town into compliance with State and Federal regulations for floodplains.  This doesn’t effect in any way the flood maps, FEMA does the flood maps and the Town is not at liberty to change those.


Dennis Williamson asked if there was a permit fee, section 152.104 and if so how much.


Rick Coppock said there was no actual permit fee for site improvements currently.  He believes the Town will have to look into issues such as this further.


Dennis Williamson and Lisa Creech pointed out by passing this ordinance the Town will be creating the requirement for having site improvement permits.


Mike Spencer agreed there are obligations of the PZA in this and some of the same information concerning floodplains may have been in the old floodplain ordinance.  This ordinance adds an administrative review of plans so a site improvement permit will need to be created if this ordinance is passed.  Therefore, potential developers will have to provide proof of approval from the DNR before the PZA can issue a site improvement permit.


William Evans made a motion to pass Ordinance 04-17 concerning floodplains.  Lisa Creech seconded.  Motion carried.


Old Business - None


New Business


Preliminary and Final Plat request for Meadowlands, section Six Subdivision (six lots, zoned R-2) (Plan Commission Approved)


Rick Coppock explained this is for six one acre lots.  The homes will set on the west side of the road on a hillside and the lots are wooded.  Charlie Wright wanted to keep most of the woods intact.  These lots will have increased front setbacks lines; they have a sixty foot front lot set back from the road and the rear yard has a forty foot set back. 

The public improvements are already complete.   


Lisa Creech made a motion to approve the both the Preliminary and Final Plat for Meadowlands, section Six Subdivision as zoned R-2.  William Evans seconded.  Motion carried.


Capacity Certification / Allocation request from Riverbend Phases II and III


Tyler Doades of Smith Neubecker & Associates, Inc. is here representing the petitioner Mohney Homes, Inc.  He said they are requesting a Capacity Certification / Allocation letter from the Town for a new development with fifty-seven (57) single family homes to connect onto the sewer. 


Rick Coppock has reviewed the subdivision off of Smith Pike.  It will be tied into the Eastern-Richland Sewer Corporation sewer system.  The Town’s system does have the capacity to accept this additional flow.    


Lisa Creech made a motion to approve the Capacity Certification / Allocation request from Riverbend Phases II and III.  William Evans seconded.  Motion carried.


Trick or Treat hours for Ellettsville (October 31st is on Sunday this year)


Patrick Stoffers read by title and said he had discussed setting permanent hours with Sandra.  He asked Sandra to explain past practices for Halloween.    


Sandra Hash explained it has varied by half an hour or so in the past but the hours are generally 6 to 8 p. m. and she is okay if they want to make set hours forever for trick or treat night.  She has already received several calls from concerned mothers.


The Council agreed it would be a good idea to set the hours at tonight’s meeting for trick or treat hours forever on Halloween. 


Dennis Williamson suggested the time start at 5:30 p. m. so littler children wouldn’t have to be out after dark if they didn’t want to.


v     Dennis Williamson made a motion to allow the Trick or Treat hours be set between the hours of 5:30 p. m. to 8:30 p. m. (on Halloween) for permanent.   Lisa Creech seconded.  Motion carried.


Street light agreement for Prominence Drive (2), Antler Court (1) and Mustang Drive (1) between Cinergy and the Town of Ellettsville


Jim Ragle said this is a standard agreement when new subdivisions go in, they decide where new street lights should be placed.  Cinergy stayed with the seven dollar price.


Sandra Hash said this is a ten year contract so we will get that good rate for those years.   Cinergy met with her a month ago and said once those ten year contracts expire they will not renew those contracts.  Then we will be charged the basic monthly fee but we will be charged for repair work. 


Lisa Creech made a motion to adopt the Street light agreement for Prominence Drive (2), Antler Court (1) and Mustang Drive (1) between Cinergy and the Town of Ellettsville.  William Evans seconded.  Motion carried.


Agreement between the Richland Township Trustee and the Street Department


Jim Ragle explained that he had worked out an agreement with Jim Davis for the Fire Department to generate an agreement per Jim Ragle’s request so the Street Department and the Township Trustee could share the old Fire Station building located at 102 S. Park Street.  The Street Department needs the space and this way the building would be put to good use for two purposes.  The Township’s square footage is 2,134 and the Town’s square footage is 4,808 making the Town’s portion 69%.  This will also give Don Lewis more commodity storage. 


Jim Ragle has also been sworn in on the Richland Township Advisory Board.


Phillip Rogers made a motion to accept the lease agreement between the Town of Ellettsville’s Street Department and Richland Township.  William Evans seconded.  Motion carried.


Police Change Order - Change Order Estimate # 9


Ron McGlocklin explained Ron Gellenbeck had spoke to Pat Stoffers on this.  This change order is to cut a hole in the wall for evidence lockers to place and pass evidence thorough so that it can be secured in lockers. 


Pat Stoffers spoke to Ron Gellenbeck and he thinks this is a sensible change order.


William Evans made a motion to accept change estimate # 9 for $1,262.89 for the Police Station.  Lisa Creech seconded.  Motion carried.


Fire Change Orders – Change Order Estimate # 4 and # 5


Jim Davis read all the changes for each change order    


Change Order # 4 - item 1 added insulation between the bedrooms walls; item 2 added ceiling fans in the apparatus space; item 3 is for altering the fresh air intact grills to help remove carbon monoxide and bring in fresh air, item 4 is a deduct changing the oil separator in the bay floors, additional framing in each kitchen, replaced tile with carpet in the dayroom, additional fluorescent lights in kitchens, added dumpster pad in back, floor access panels in bays, keypad on doors for entrances, back door on office side changed, door location changed, added drywall to mezzanine area for a total of $20,221.00 for change order estimate # 4.


Change Order # 5 is for curbing and signage.  Item 1 for standing curb, item 2 standing curb at north side of building and item 3 for building sign per faxed drawing on 9-14-04 for a total of $19,225.00 for change order estimate # 5.


Pat Stoffers said he had met with Jim at the building site and Jim had walked him through all of these change orders.  He thinks these all changes are sensible and conscious with the bond money and recommended the Council’s approval.


Lisa Creech made a motion to adopt Change Order # 4 for the Ellettsville Fire Station.  William Evans seconded.  Motion carried.


Lisa Creech made a motion to adopt Change Order # 5 for the Ellettsville Fire Station.  William Evans seconded.  Motion carried.


Privilege of the Floor


Darlyne Sowder, President of the Parks and Recreation Board stated they have had several problems at the Skate Park so they hired the Ellettsville Police Reserves to monitor the Park.  The Board has also received complaints on the equipment being unsafe and in need of repair.  An insurance company reviewed the equipment to put in a bid to insure the Skate Park but wouldn’t consider it with the homemade equipment.  Therefore, the Park’s Board decided to remove the homemade play equipment.  Next spring the Board plans to purchase professional grade skate park equipment such as ramps with some of the Build Indiana Funds.  The E. P. D. Reserves are still monitoring the park part-time.


Jeff Sears lives at 3358 N. Thomas Road.  He’s concerned about the water pressure pump the Utilities Department installed approximately on September 20th of this year by his residence because by four o’clock that evening he had a water line rupture.  He’s spoken with Mike Farmer and he said Mike could provide him with a water reducing valve to lower pressure on the first person past the water meter.  He’s actually lower than the water tower and all his neighbors are higher than him.  Tuesday the Utilities Department checked his pressure and currently he has 100 lbs. of water pressure at his outside faucet and Mike said since it was that high they will install a water reducer at his meter.  However, he has some damage and Mike suggested calling the Town’s insurance company.  He’s contacted the May Agency with his claim and their adjuster came out and the letter he received this week stated his claim was denied.  The letter stated that one reason for it being denied was you’re a municipality and if you’re not 100% at fault then you’re not responsible.  Another reason for denial was because I was informed to watch out for problems three times.   I was informed in June but for some reason it didn’t actually get turned on until September.   He didn’t have a problem with water pressure before this pump was turned on.  His pressure was 40 to 45 lbs. prior to this.  The damages were in his basement to dry wall, carpeting, insulation and plumbing.   The reason he’s here tonight is because his claim was denied by the Town’s insurance company.    


Patrick Stoffers said he would check into this situation tomorrow morning.


Supervisor’s Comments


Sandra Hash said she would be on vacation next week, October 18th – October 22nd. 


Dennis Williamson stated he had participated in the INDOT final inspection of State Road 46 project.  There were several items the Utilities and Street Department worked on.  Jim Ragle, Mike Farmer and their crews did a good job getting those things done and as far as he knows the Town’s part is complete.  He congratulated Ron McGlocklin for the update on the building project.  The Hilly Hundred is this weekend and the school’s Soccer sectionals are this weekend hosted by R. B. B. S. C. C. also so there will be a lot of traffic so be careful.


Lisa Creech said she’s received some calls from Town residents about fliers they’ve received concerning painting house numbers with reflective paint to make it easier for emergency services to respond to residences.    This is not mandatory and the Town is not responsible for sending out the fliers.  This is a private company and strictly up to the homeowners discretion whether they would like their house number painted by this company.    She will not be at the next Council Meeting because she will be in Dallas, Texas.


Phillip Rogers said we’ve received several complaints about speeding on Main Street in the Town and said everyone needed to slow down, it’s not an interstate. 


William Evans agreed with Phil about the speeding issue.  He said the Council has been speaking with Frank Nierzwicki to fill the Planning and Zoning Administrator position for part-time for the remainder of the year and asked Frank to the podium.


Frank Nierzwicki introduced himself stating he is originally from Huntington, Indiana.  He completed his undergraduate studies at Valparaiso University, Indiana.  He came to study at Indiana University’s Bloomington campus in 1979 and graduated with a Masters Degree from the School of Public and Environmental Affairs (SPEA).  He worked five years at I. U. with traffic safety research, looking at accidents and data for the entire Midwestern region.  For fifteen years he worked for INDOT in Indianapolis as the senior long range planner and actually worked in the field.   He had everything south of Indianapolis including the Vincennes and Seymour Districts.  He did work in Bloomington, Monroe County, Evansville and Louisville.  When he was with INDOT he was involved in a number of major projects including the Ohio River major investment study in Louisville looking at the bridges which was a 3 1/2 year project.  He’s worked four years at the City of Bloomington in long range planning and transportation.  He’s lived in Monroe County since 1979.  He’s married and his wife is a nurse practioner at I. U. and he has two daughters.  The oldest is a senior at North High School and the youngest is a student at Tri-North.    


Patrick Stoffers added he had become acquainted with Frank through their mutual employment with the City of Bloomington.  Frank managed the Bloomington Metropolitan Planning Organization for several years doing a great job.  When Jeffery York resigned his PZA position Frank came to mind as a potential PZA for the Town.  Frank has met with William Evans; Phillip Rogers; Frank Buczolich, Plan Commission President and Ed Bitner, Plan Commission Vice-President as well as himself and everyone has “glowing” recommendations to sign an agreement with Frank.  He asked William to read the contract they have negotiated with Frank to fill the PZA position until the end of the year.  


William Evans read the contract in its entirety. 


Stuart York, reporter from The Journal asked since the Town originally had budgeted for a PZA an annual salary of $36,000 wouldn’t this hourly rate of $32.50 be approximately twice what was budgeted. 


Patrick Stoffers said he wasn’t sure if it would be twice but close.  He explained they determined an hourly rated based on the fact that former Town Planner Bill Land was paid $27.00 an hour in 2003.  This amount is a negotiated amount between Frank and others and himself.  They looked at the median salary for an Urban Planner in the Bureau of Labor and Statistics is $26.09 per hour, the low end being $15.30 an hour and the high end being $36.88 an hour.  Therefore, the hourly rate of $32.50 is in the 75% relative to the national mean of $26.09 per hour.  Lastly, he believes it is fair and reasonable to pay Frank this rate based on his years of experience and what he expects his work product would be for the Town.  He added because this is an independent contractual agreement the Town will not have to pay in PERF contributions, the Town’s FICA and Medicare match or have any added health insurance costs.    This contract ends on December 31st, 2004 so this buys the Town some time to evaluate the Town’s options relative to what they want to do with the PZA position.   


Lisa Creech made a motion to adopt this contract between Frank Nierzwicki and the Town of Ellettsville for the Planning and Zoning Administrator in Ellettsville.  William Evans seconded.  Motion carried.    


v     Frank Nierzwicki signed on as new Town of Ellettsville Planning and Zoning Administrator effective immediately until December 31st, 2004.


Patrick Stoffers reminded everyone that he was detained for the last couple Council Meetings by the Solid Waste District Board Meetings because they have been trying to resolve the landfill issue and discussions with Hoosier Disposal for an agreement.  This agreement is ready but an item still needs to be resolved.  At this coming Thursday’s agenda the District Board is considering reopening the Ellettsville Recycling site and the Bethel Lane site to three days a week.   The data justifies an additional day of service is needed which if approved would make the site open on Mondays, Wednesdays and Saturdays. 




Phillip Rogers made a motion to adjourn this meeting.  William Evans seconded.  Motion carried.  Meeting adjourned at 9:03 p. m.