October 14, 2003






The Ellettsville, Indiana, Town Council met in regular session at 7:30 PM, Tuesday, October 14th, 2003 at the Town Hall.David Drake called the meeting to order.Geraldine McIntyre led in the Pledge of Allegiance.Ray Freetage led in prayer.


Roll Call: David Drake asked for roll call of the Council Members.Members present were David Drake, Vice-President; Ray Freetage and Geraldine McIntyre.Also present were Sandra Hash, Clerk-Treasurer; Wes Merrian, Attorney representing Mike Spencer and Rick Coppock, Engineer.David Sorokoty and Lisa Combs-Creech were absent.


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


Approval of the meeting minutes for September 22nd and September 29th, 2003


Geraldine McIntyre moved to approve the minutes.Ray Freetage seconded.Motion carried.


Action to pay Accounts Payable Vouchers


Ray Freetage moved to approve the accounts payable vouchers.Geraldine McIntyre seconded.Motion carried.


Utilities Department Status Report and INDOT Project Update


Mike Farmer congratulated employees Joe Bowman for 15 years of service and Brian Miller for 5 years of service with the Utilities Department.


He also informed the Council that the Utilities Department had finished the INDOT project after four and a half long years.The project was started on July 8th, 1999 and acting foreman Brian Miller and his crew of seven full-time men with the help of a couple of temporary men and the office ladies who have kept the records and taken all of the calls have accomplished a great task.He recognized all of the employees by naming each one.They are Dave Hough, George Webb, Dick Grubb, Tom Cornman, Jim Harden, Joe Bowman, Kevin Fluke, Brian Miller, Kay Neal, Jean Ramsey, Becky Wines and Lynn Weiss.They have laid new water main lines from Smith Pike to almost Flatwoods Road for a total of 38,000 feet of new water and sewer main lines including 40 new fire hydrants along the INDOT corridor as well as replaced 200 services. ††Along with the INDOT project the Utilities managed several other projects including replaced water lines on Chester Dr., Dewey Dr., Vine St., Starnes Rd., Paul St. and brought water lines to Reeves Rd., Ratliff Rd. Trooper Lane, Carmola Dr. and are currently working west of Ellettsville onHighway 46.


The Utilities Department has installed within the last 5 years a total of 76,000 feet of new water and sewer mains, they have fixed 102 main breaks, installed 529 new services for homes, replaced 497 services, 98 new or replaced fire hydrants, upgraded 223 manholes and installed 88 new manholes for the sewer lines and cleaned 750,000 feet of sewer lines.In the office they have billed over 80,000 customers and managed almost 10,000 customer action and line locations requests.The Utilities Department has also helped out during the tornado, the flood and with snow removal over the last five years.The INDOT project has reimbursed to the Utilities $2,224,000.00.He pointed out that between the cooperation of the Ellettsville Utilities employees and Bynum Fanyo Utilities Management an enormous task has been completed with the INDOT project as well as the other accomplishments listed above.He thanked the Utilities Department for all of their hard work.


He commented about the political ad in the newspaper referencing the Bynum Fanyo contract with the Town of Ellettsville agreeing that it is expensive but added it is the cost of doing business when professionals are employed to run the department efficiently.He added Bynum Fanyo has not increased the rates since they have been under contract and do not plan to do so.He closed by saying the Utilities Department is currently in good financial condition and welcomed the public to review the records.He thanked the Council for supporting their contract and for allowing him to give his status report on the Utilities Department.








David Drake said it was obvious the contributions the Utilities Department have made for the Town.Heís impressed by the way they Utilities Department have used the INDOT project in conjunction with Utilities projects to improve things for the Town at no additional cost to the Town.He also congratulated all of the Utilities Department employees and Bynum Fanyo for their hard work.




Resolution 26-03 replacing a Director of the Ellettsville Building Corporation


Ray Freetage read the Resolution in its entirety.David Drake explained Gary Burton resigned his position and Jack Neal who lives at 321 Cedar Drive has agreed to be appointed to the position.Geraldine McIntyre made a motion to adopt Resolution 26-03.Ray Freetage seconded.Motion carried.


Ordinances on First Reading


Ordinance 03-20 to establish a fee for copies and facsimile transmissions


David Drake read by title.Sandra Hash explained there has been a need for this fee to be in place for some time.Recently several large documents have been requested which costs the Town in supplies and research.The fees collected will go into the General Fund.


Old Business


John Litten Ė Mustang Drive problem


Judy Litten, Johnís wife questioned if the Town could advise Rex Voils that he is in violation of his P. U. D. plans.


John Litten said it is advertised as a development for 50 years and older.


Wes Merrian, Attorney explained as he understands it, the portion of the P. U. D. as proposed that makes it a Senior Citizens Development for citizens 50 years and older is the Restrictive Covenants.Therefore, if it is the Restrictive Covenants within the PUD that reflects there is an age stipulation which has been violated then that goes back to the fact that they as homeowners must seek the legal action against Mr. Voils to enforce the covenants and restrictions, the Town can not enforce them.


David Drake said if he recalls correctly when they reviewed this problem a few years ago when Mr. Voils was trying to change the covenants and restrictions to eliminate the age restriction to 50 or older that the Council had stopped Mr. Voils from changing them, he thought, because the Council had realized it was written on the plat or somewhere other than the Covenants and restrictions that the development was for Senior Citizens.He said the Council can stop Mr. Voils from changing the covenants and restrictions as they were originally approved but reiterated what Wes had said the Town can not enforce them.


He asked Wes to speak with Mike Spencer to review Mr. Voils plans to see if any commitment was made outside of the covenants and restrictions that the Town could enforce saying some of the wording elsewhere in the P. U. D. may reflect Mr. Voils is bound to leave it as a Senior Citizens Development.


He summarized saying if the only place Mr. Voils ever committed to the age 50 and older is in the Covenants and Restrictions then that is the only way that age limit can be enforced is in the Covenants and Restrictions.If, in fact, the age restriction was made as a commitment other than in the Covenants and Restrictions, then the Town may be able to enforce that as part of the Planned Unit Development.He thought the age restriction was mentioned somewhere else but is unsure.


He explained there is another issue as well that needs to be addressed concerning Mr. Voils Development.His letter of credit for improvements he bonded for in the amount of $308,256.63 which was issued on February 10, 2000 expired on May 10, 2000 and has not been renewed and the improvements have not been completed.†† Therefore, he believes since the improvements have not been completed and the letter of credit has expired this should be brought to Mr. Voils attention.








John Litten said he will need a letter from the Council or the attorney stating the age requirement when he goes to his lawyer.


David Drake said that information can be found in the Town minutes and off of the plat map.He questioned Wes if the Town could stop Mr. Voils working since they have not completed the improvements and donít have a letter of credit.


Wes Merrian said yes he believes they can stop development.The Building Inspector can put a stop work order on Mr. Voils.


David Drake said the most reasonable action is to allow him to complete the homes that have already been started but that no future construction can begin until he either reinstates his letter of credit or completes the improvements complying with the Planned Unit Development. ††††


Jim Davis, Building Inspector, said if the Council wants to stop Rex Voils from further development then he will tell Rex what the Council has instructed.He pointed out that if Rex has applied for and already paid for new permits but hasnít started construction yet then he may want the fee refunded to him.


Judy Litten thanked the Council.


Ray Freetage moved to require them (Mr. Voils Construction) to have their letter of credit as per the PUD they must comply with all the things in the P. U. D. and if not the work will be stopped.Geraldine McIntyre seconded.David Drake asked for a roll call vote.Motion carried 3-0 with Geraldine McIntyre, David Drake and Ray Freetage voting yes to stop all development at this site until Mr. Voils meets these requirements.They instructed Building Inspector Jim Davis to inform Mr. Voils and he said he would take care of it.


Sandra Hash said she and Rick Coppock had composed a letter to Mr. Voils requesting a letter of credit approximately thirty days ago and we have not received any response.


New Business


Trick or Treat Hours


David Drake asked for a motion to set the hours from 6 to 8:30 p.m. and request that people only go to houses with the porch lights on.Geraldine McIntyre made a motion to set trick or treat hours from 6:00 Ė 8:30 p. m. and please donít go to houses where the lights are not on.Ray Freetage seconded the hours.This is for Halloween night only which is Friday, October 31st.


Springs Valley section 3 Final Plat Approval


Rick Coppock said they donít have their letter of credit ready for this meeting.


Union Valley Farms section 3 Final Plat Approval

Rick Coppock said the bond was delayed.


Rick Coppock said it is a requirement to have a letter of credit before a final plat is approved.


Ray Freetage moved to table these two items until we get their letters of credit on both projects.Geraldine McIntyre seconded.Motion carried.


Community Access Television Station annual agreement for 2003


Sandra Hash explained it is an annual agreement which deals with the fees and that nothing has changed except it resets the amount due.


Ray Freetage moved to approve the annual agreement with CATS.Geraldine McIntyre seconded.Motion carried.


Privilege of the Floor - None


Supervisorís Comments


Rick Coppock said that according to Rule 13 the Notice of Intent requires a responsible party to be named.Ray Freetage made a motion to make David Sorokoty the responsible party for Rule 13.Geraldine McIntyre seconded.Motion carried.






Mike Farmer informed everyone the water will be shut off between 46 and Woodyard Road from 3 to 5 p. m. on Wednesday, October 15th.Also the street lights will be installed and coming on soon at the intersections.


Ron McGlocklin presented the site plan for the new Police Station.He said heís spoken with Smithville Telephone and they would like to put in a new access road for a right-of-way to get to their maintenance facility.There is enough room to allow this and the Police could have space for 27 parking spaces.He told Smithville Telephone they would need to come before the Council first.††


Jim Ragle said the Masons are going to carve two statues in the Vine Street parking lot.Geraldine McIntyre made a motion to allow lodge to set up a lean-to carve the two statues.Ray Freetage seconded.Motion carried.


Sandra Hash requested permission for her and Amber to attend a District Meeting in Nashville.Geraldine McIntyre made a motion to allow Sandy and Amber to go to training at Nashville, IN. October 28th and 29th.Ray Freetage seconded.Motion carried.


Geraldine McIntyre said there has been a rumor about Bloomington trying to Unigov Ellettsville.She talked to the Mayor and Commissioners and they have no desire to have a Unigovernment system.Boundaries for Ellettsville were set in a meeting a while back.


There will be a work session on October 27th at 7:00 p. m. before the regular Council meeting for the Zoning Administrator job description.






David Drake asked for a motion to adjourn.Ray Freetage moved to adjourn.Geraldine McIntyre seconded.Motion carried.The meeting was adjourned at 8:33 PM.






_____________________________†††††††††††††††††††††† __________________________

David Sorokoty, President ††††††††††††††††††††††††††††††††††††††† David Drake, Vice President




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Lisa Combs-Creech††††††††††††††††††††††††††††††††††††††††††††††††† Ray Freetage




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Geraldine McIntyre††††††††††††††††††††††††††††††††††††††††††††††††††† Sandra C. Hash, Clerk-Treasurer