October 23, 2006




The Ellettsville, Indiana, Town Council met in regular session on Monday, October 23, 2006, at the Fire Department Training and Conference Room.  Patrick Stoffers called the meeting to order at 7:30 p.m.  Lisa Creech led in prayer and William Evans led the Pledge of Allegiance.


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


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


Approval of the minutes


Lisa Creech made a motion to approve the minutes for the Regular Meeting of October 9, 2006.  William Evans seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


Lisa Creech made a motion to pay Accounts Payable Vouchers.  William Evans seconded.  Motion carried.




Resolution 18-06 to adopt a written Fiscal Plan for the Early Childhood Center, Lifeway Baptist Church and Chapel Hill Wilderness Area Annexation to be known as the Near West Side State Road 46 Annexation Area


Frank Nierzwicki, Director of Planning Services presented the Fiscal Plan of the area.  This was brought before the Plan Commission’s last meeting.  The Chapel Hill Wilderness Area is 245 acres located north of State Road 46. Lifeway Baptist Church and Early Childhood Center are south of State Road 46.


Lisa Creech made a motion to adopt Resolution 18-06 to adopt a written Fiscal Plan for the Early Childhood Center, Lifeway Baptist Church and Chapel Hill Wilderness Area annexation to be known as the Near West Side SR 46 Annexation Area.  William Evans seconded.  Motion carried.


Resolution 19-06 concerning Crossing Guard at Edgewood Drive and State Road 46


Dr. Thomas Eddington, Superintendent of the Richland Bean–Blossom Schools stated the RBB School Board has begun the process of finding and paying a crossing guard for the end of the Junior and High School dismissal times.  The intersection of Edgewood Drive and State Road 46 is very busy with buses, student drivers, faculty and parents.  The bus drivers asked to have something done about this intersection.  He met with Mary Beth Axsom, RBB Comptroller, after the School Board approved this.  The regulations in the State Board of Accounts do not allow them, as a school district, to hire and pay a crossing guard.  To make it legal, during an audit, a resolution from the Town Council would need to be passed to say “we did not have a Crossing Guard for the school in our budget this year and do not have the resources to provide that”.  The other resolution would be one the School Board adopts to say “as the School Board, under the Home Rule Powers Act Resolution, we would take the normal municipality duty of traffic control and pay for it”.  These resolutions will make all of this legal.  He provided a sample resolution to Sandra for review and the Town attorney added to it which was acceptable to the School Board.   He will take this resolution to the next School Board meeting and write their Home Rule Powers Act Resolution and make this all legal. 


Dennis Williamson apologized for having to do it this way.  He thinks the Town should have helped out a little more.  With a little more planning, they may be able to help in the future.  He does not like having to go “the resolution route” and feels the Town should be doing this for the community.  Dr. Edington went on to add the Town and the School System are partnering together on other things.  The Crossing Guard will be paid for out of their Transportation Funds. 


Lisa Creech made a motion that we adopt Resolution 19-06 concerning Crossing Guard at Edgewood Drive and State Road 46.  William Evans seconded.  Motion carried.


Ordinances on First Reading


Ordinance 06-19 to amend 152.263 of the Ellettsville Town Code concerning a sign permit fee


Frank Nierzwicki explained in a prior amendment to the code; a section was inadvertently removed regarding sign permits.  This ordinance will reinstate that section. 


Ordinance 06-20 to annex the Early Childhood Center, Lifeway Baptist Church and Chapel Hill Wilderness Area


Frank Nierzwicki announced this is a 271 acre tract on the west side of Ellettsville.  The northern part of the tract is 245 acres and has requested to be zoned Agricultural.  There are ongoing farming operations.  The two tracts to the south (the school and church) are requesting C-3 zoning.  These have been brought to the Plan Commission and recommended for approval. 


Dr. Edington missed the Plan Commission meeting where this was discussed but added the School District is looking forward to annexation and partnering.  It does not change the tax status.  They are working with the Town and County to apply for grants for a connector road from Sycamore Drive to State Road 46.  He feels being annexed will put them in a more favorable position for any grants.  He is looking forward to someday having a straight, safe access to State Road 46.  This is their number one focus and being annexed should help in the efforts. 


Supervisor Comments


Jim Davis, Ellettsville Fire Department requested several weeks ago the Council declare certain items surplus property.  One of the items was a 1989 Chevrolet car.  It was advertised but no bids were received.  Someone was interested in it but forgot.  The person came back and Jim wasn’t sure if the process had to start all over again so he contacted Mike Spencer for his opinion.  Mike Spencer wrote back stating it was okay.  The car is valued at less than $1,000.  He would like the Council to sell this vehicle.  The purchaser is Smitty, who is requesting it for $400. 


Lisa Creech made a motion that we let Chief Davis sell the 1989 Chevy for $400 to Smitty’s Upholstery.  William Evans seconded.  Motion carried.


Sandra Hash announced she and Amber will be attending training in Nashville on Tuesday.  The classes are on “Home Town Matters” and “Election Laws”.  They will be meeting with the State Board of Accounts Wednesday morning and returning in the afternoon.  She commented on the Town Ordinance regarding the signs; it did go before the Plan Commission but she did not realize there was an added section “if the words are changed on the signs you will have to pay the $50 permit fee”.  She does not agree with this.  Patrick said this can be discussed at the Second Reading. 


Dennis Williamson is the Fire Department Liaison and he announced all evaluations have been completed for this year.  He also reminded everyone to vote on November 7th.  Patrick announced you can vote this Saturday and next Saturday downtown at the Curry Building from 8 a.m. – 4 p.m. 


Lisa Creech announced she voted early because she will be missing the next meeting due to job training.  She should be here the rest of the year. 


William Evans stated October 14th there was a Bulk Day for the Solid Waste District.  Ellettsville collected 19.9 tons of garbage not including metal.  He thanked Jim Ragle for coming down.


Public Comments


Robert S. Johnson candidate for Richland Township Trustee introduced himself and reminded everyone to come out and vote November 7th.  It would be a great honor to serve the Township residents, if elected.  He announced if anyone needs a ride to the polls to call and he will make arrangements to get them there. 


Art Hayes stated he asked about the liability with the speed bumps in the Meadowlands.  He asked if the Town has informed the Hospital about the speed bumps.  He has corresponded with Karen Sherfick and sent her the document where she signed the waiver to reduce the set back on Lot 71. Mr. Hayes went on to discuss:

·        There is supposed to be 6 feet between the sidewalks and curb with a strip of grass.  Regarding the width of the street; he measured the street being 24 feet including 2 feet curbs so the street would only be 20 feet wide.  He reviewed the plats that stated “the residents will pay for the sidewalks”.  The plat was plainly changed to show one section moved probably due to moving Lot 71.

·         He thinks the speed limit should be 30 mph.  He looked at his neighborhood ordinance stating the speed limit should be 35 mph.

·        Brought up the meetings held in the past regarding putting in a gate versus speed bumps.  Speed bumps are not good for school buses.

·        He gave Mike Spencer a copy of the Road Access for Disabled Americans; 88 Title 2 State and Local Government Justice Regulations #28 CFR Part 35 and read part of it.  He also stated a section of the Indiana Code says the sidewalks and roads should meet the ADA requirements.  Section 153.085 of the Town Ordinance also states sidewalks must meet ADA requirements and they do not. 

·        He thinks all things should have been looked at first and it is time to take the speed bumps out.


Don Lewis, Township Trustee provided a list of things he has helped with over the past 15 years including helping the Fire Department get two new trucks and other equipment.  He spoke about various other things they have done without raising the taxes.  It is election time and he hopes to continue the cooperation he has had with the Town since it has worked out for the betterment of both. 


Patrick Stoffers suggested everyone take advantage of their right to vote.  He reiterated voting can be done downtown at the Curry Building Monday thru Friday from 8 a.m. – 4 p.m. and also the next two Saturdays with Election Day November 7th.




Lisa Creech made a motion to adjourn.  William Evans seconded.  Motion carried.  Meeting adjourned 8:03 p.m.