October 25, 2004






The Ellettsville, Indiana, Town Council met in regular session on Monday, October 25th, 2004 at the Town Hall.  Patrick Stoffers called the meeting to order at 7:30 PM.  Sandra Hash 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 and Dennis Williamson.  Also present were Sandra Hash, Clerk-Treasurer; Mike Spencer, Attorney; and Frank Nierzwicki, Planning and Zoning Administrator.  Lisa Creech is on a business trip out of Town.


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


Approval of the regular meeting minutes for October 12th and October 19th, 2004


William Evans made a motion to approve the minutes of the regular meeting October 12th, 2004 and October 19th, 2004.  Phillip Rogers seconded.  Motion carried.


Action to pay Accounts Payable Vouchers


William Evans made a motion to pay the accounts payable vouchers.  Phillip Rogers seconded.  Motion carried.




Resolution 25-04 to amend Resolution 24-04 Transfer of Funds


Dennis Williamson read the resolution in its entirety. 


Deleted From:  Parks 211 Miscellaneous Supplies                              $1,000.00

Added From:  Parks 231 Park and Rec. Materials                             $1,000.00


From:  MVH-234 Uniforms and Laundry                                           $1,000.00

To:  MVH-391 Miscellaneous                                                           $1,000.00


From:  B-112 Planner / Zoning Administrator                                     $8,842.80

To:  G-316 Planner                                                                            $8,842.80


William Evans made a motion to pass Resolution 25-04 that amends Resolution 24-04 Transfer of Funds.  Phillip Rogers seconded.  Motion carried.


Resolution 26-04 to adopt the Fiscal Plan for the Brian Hearne voluntary annexation at 7405 West State Road 46


Dennis Williamson read Resolution 26-04 in its entirety. 


Patrick Stoffers requested Sandra give a synopsis of this Resolution.


Sandra Hash said she would first like to correct the resolution by changing 03-14 to read Ordinance 04-14 and the third paragraph should add 46 behind the words State Road.  She explained this is a requirement procedure of a voluntary annexation to provide a fiscal plan to see how this addition will impact the Town’s services and if more tax dollars will be needed to support the annexation.  The fiscal plan attached to the resolution gives these details. 


Patrick Stoffers asked Mike Spencer if a motion to amend was needed and Mike suggested amending it.  Pat asked for a motion to amend the resolution stating to reflect in the first “Whereas” changing 03-14 to 04-14 and in the third “Whereas” inserting 46 after the 7405 West State Road.


Dennis Williamson moved to do that.  William Evans seconded.  Motion carried. 


William Evans made a motion to adopt Resolution 26-04.  Phillip Rogers seconded.  Motion carried.


No Ordinances on First Reading









Ordinances on Second Reading


Ordinance 04-14 Annexation of 7405 West State Road 46


Dennis Williamson read the ordinance and legal description in its entirety. 


Sandra Hash pointed out the fiscal plan must be accepted by resolution before the annexation ordinance is passed. (Resolution 26-04) This Ordinance was voted on and passed last month but without the fiscal plan.  


William Evans made a motion to accept Ordinance 04-14 Annexation of 7405 West State Road 46.  Phillip Rogers seconded.  Motion carried.


Ordinance 04-18 Additional Appropriation


William Evans read the ordinance in its entirety. 


Funds appropriated out of the funds listed below to the General Fund for a total of $11,440.00.


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


Patrick Stoffers asked Sandra for a synopsis. 


Sandra Hash explained these appropriations requests are due to unexpected repairs to the Planning and Zoning Administrator’s vehicle, Rule 13 Storm water expense and funds to repair a Police vehicle.    


William Evans made a motion to accept Ordinance 04-18 Additional Appropriation of Funds.  Phillip Rogers seconded.  Motion carried.


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


William Evans read the ordinance in its entirety. 


Patrick Stoffers asked Sandra for a synopsis. 


Sandra Hash explained the Town Code had contradicting language concerning Holidays.  The Holidays are listed but the Fire and Police are exempt from the full amount of Holidays due to incorrect wordage.  This is a correction to allow the Fire and Police to take all the listed Holidays.  Therefore, on election years fulltime employees would receive fifteen paid holidays and thirteen paid holidays on none election years.


William Evans made a motion the Council accept Ordinance 04-19.  Phillip Rogers seconded.  Motion carried.


Ordinance 04-22 vacating the alley between 108 and 114 W. Temperance Street


William Evans read the ordinance in its entirety.


Frank Nierzwicki stated the vacation of this alley would not harm the public interest.  Therefore, he recommends it be vacated.    


William Evans asked if the terminology to retain a utility easement needed to be included in this ordinance.


Frank Nierzwicki said yes and suggested adding that terminology. 


Mike Spencer agreed and suggested amending the ordinance to include this language and presenting it before the Council again.








Bob Sowder said he was fine with allowing the Town an easement and asked if this would be tabled until the easement wordage was added or if it could be passed as is and add the Town retains an easement in later.


Patrick Stoffers asked for a motion to table this ordinance.


William Evans made a motion to table Ordinance 04-22 until the next Council meeting.  Phillip Rogers seconded.  Motion carried.


Ordinance 04-23 zoning change from C-2 to I-1 from approximately 104-114 W. Temperance


William Evans read the hi-lights of the ordinance omitting the three legal descriptions for addresses 104, 108 and 114 W. Temperance Street as instructed by Mike Spencer.


Frank Nierzwicki said he has reviewed this petition and met with the petitioner and agrees with the previous recommendation of denial as per Jeff York’s staff report that was previously presented. 


Bob Sowder requested 114 W. Temperance Street be dropped off of his petition. He’s concerned being a warehouse distribution if he’s not rezoned then he will be in violation of the C-2 zoning code.  Warehouse distributing is permitted under the I-1 zoning but not under the C-2 zoning.  He asked if this was not approved could he get a legal document from the Town stating they would allow him to continue as a warehouse distributor under the C-2 zoning so that he is not in violation and won’t have any future problems if a new planner would be hired.  He needs some sort of protection for his business so he won’t go out of business. 


Patrick Stoffers asked if the Sowders have retail customers.


Bob Sowder said yes they have both retail and wholesale customers. 


Patrick Stoffers said as long as you are a retailer you are just fine in C-2.  He added he’s not sure how removing the 114 address will affect the ordinance legally tonight.


Bob said it is a residential address which is not allowed in the I-1 zoning so he wants to remove the 114 so their residence won’t be in violation of the I-1 rezoning request.  He apologized for asking to remove this so late. 


Mike Spencer said removing the 114 address is not a problem; it would only be a problem if he wanted to add an address to the ordinance.  He said the Council should vote to amend the ordinance by removing the 114 W. Temperance Street address and instructed what legal description and wordage to remove.


Dennis Williamson moved to amend Ordinance 04-23 which deletes 114 W. Temperance Street as described in the second paragraph on page one and on the second page the bottom paragraph and on the third page the first two sentences that describe the property and delete the parcel number 009-00080-00.  William Evans seconded.  Motion carried.


Dennis Williamson made a motion to adopt Ordinance 04-23 as amended.  This motion, if passed, would approve rezoning the Sowder properties 104 and 108 W. Temperance Street to an I-1 zoning.  William Evans seconded.  A roll call vote was taken.  Patrick Stoffers – no, William Evans – no, Phillip Rogers – no and Dennis Williamson – yes.  Motion failed with a 1 to 3 vote.


Bob asked where this leaves him now.


Patrick Stoffers suggested Bob meet with Frank Nierzwicki and himself in the next few days to discuss this issue.


No Old Business, New Business or Public Comments












Supervisor’s Comments


Sandra Hash said she and Amber Ragle will be attending a meeting in Nashville, Indiana Tuesday and Wednesday, October 26 and 27.  Tuesday will be a continuing education class. Sandra needs credits to maintain her Municipal Clerks certification while Amber is working toward certification.  Wednesday, October 27th will be fall regional State Board of Accounts meeting.  She added Donya will be in the office on Tuesday and Frank will be in the office on Wednesday.


Dennis Williamson reminded everyone that Halloween hours are this Sunday from 5:30 p. m. to 8:30 p. m. and added to have a safe Halloween. 


v     Note:  Trick or Treat hours are now permanently set for the Town of Ellettsville to be on October 31st from 5:30 p. m. to 8:30 p. m. every year.


William Evans thanked the Street Department for the new street signs.  He also thanked the Utilities Department for the flag on water tower with dust to dawn lights. 


Patrick Stoffers read and explained the press release concerning community bulk item drop off is this Sunday, October 31st at the Utility Building and there is no charge to the public for disposal of these large items.




William Evans made a motion to adjourn.   Phillip Rogers seconded.  Motion carried.  Meeting adjourned at 8:17 p. m.






____________________________                         __________________________

Patrick Stoffers, President                                          William Evans, Vice-President





_____________________________                       __________________________

Lisa Creech                                                               Phillip Rogers





____________________________                         __________________________

Dennis Williamson                                                     Sandra C. Hash, Clerk-Treasurer