September 22, 2003




The Ellettsville, Indiana, Town Council met in regular session at 7:30 PM, Monday, September 22nd, 2003 at the Town Hall.  David Sorokoty called the meeting to order.  Ray Freetage led in prayer.  David Drake led in the Pledge of Allegiance. 


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


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


Approval of the meeting minutes for September 8th and September 12th, 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.


Appointment to the Animal Control Board


Chuck Radke has volunteered to fill this appointment taking Karla Frownfelter’s place.


Public Hearing on Proposed Lease for Police Station


Gregory Scott Hudson questioned if it was necessary in a repressed economy to spend the money on something that may not even be needed and if it was fair to spend the children’s future by borrowing into the future without giving the public adequate time to speak for or against the issue. 




Resolution 24-03 Transfer of Funds


Ray Freetage read the resolution in its entirety.

From:  MVH-222 Tire and Tubes                     $1,000.00

To:  MVH-391 Miscellaneous              $1,000.00


Geraldine McIntyre moved to approve Resolution 24-03.  Ray Freetage seconded.  Motion carried.


Resolution 25-03 Approve Execution of Lease Agreement for Police Station


David Sorokoty read the Resolution in its entirety.  Geraldine McIntyre moved to approve Resolution 25-03 approving the execution of the Lease Agreement for the Police Station.  Ray Freetage seconded. 


Greg Hudson suggested the Police Department use the current Fire Station for a new headquarters once the Fire Department moves to their new location since the Town already owns this building.


Motion carried. 


Ordinances on Second Reading


Ordinance 03-17 Additional Appropriation


Ray Freetage read the Ordinance in its entirety.  David Sorokoty explained the $60,000.00 was for the new street light fixtures to line Main and Temperance Streets.  Ray Freetage moved to approve the additional appropriation.  Geraldine McIntyre seconded. 


Darlyne Sowder questioned if any of these lights would be installed on Vine Street.  She said the light poles are still there but the lights are disconnected.   


David Sorokoty said no.  He will speak to Jerry Barnes to find out whether the lights will be reconnected on Vine Street.


Ed Bitner lives on Main Street and he said the vandalism has increased since there haven’t been any lights.  He asked if the money would raise taxes and for clarification where the money was coming from.





David Sorokoty explained the Town has an operating budget of approximately $500,000.00 and this is where the $60,000.00 for the street lights will be taken from.  The Town has the money and this will not raise taxes.


Greg Hudson asked if any consideration was being taken about the lights shining into resident’s bedrooms. 


David Sorokoty said yes and they are acorn style lights with reflectors to shine onto the sidewalks.


Motion carried.


Ordinance 03-18 to amend Chapters 441, 442 and 443 of the Ellettsville Town Code designation speed limits, through / stop streets and no parking areas


David Sorokoty explained it was read at the last meeting.  Ray Freetage moved to adopt Ordinance 03-18 amending chapters 441, 442 and 443 as presented.  David Drake seconded and added it should be noted that this ordinance states there will be no parking allowed on both sides of Mustang Drive from end to end. 


John Litten lives on Mustang Drive and commented he was glad to see this pass because it was hard to get through the street when people parked their cars on it.


Greg Hudson asked if this ordinance included horses.


David Sorokoty said horses, bicycles, skateboards, etc. would all have to follow this ordinance like a vehicle.


Motion carried.   


Ordinance 03-19 Zoning change for Kirby Apathy at 5810 West State Road 46


David Drake read by title and explained the property is surrounded by commercial zoning so the Plan Commission unanimously approved the zone change from R-1 to Commercial-3.  David Drake made a motion to adopt Ordinance 03-19.  Ray Freetage seconded.  Motion carried.


New Business


Prominence Pointe Subdivision request to reduce bond


Joe Smith, Quality Construction Corporation developer said the letter from Bledsoe Tapp & Riggert to Rick Coppock was self explanatory.  Rick Coppock has already reviewed, signed off and gave his approval for the reduction.  Phase One of Prominence Pointe will have eighteen home sites.  David Drake clarified the developers want to reduce the bond from $46,000 to $24,000 because the other improvements have already been made and there is only $24,000 of improvements left to be made.  David Drake made a motion to approve Prominence Pointe’s reduction of their bond from $46,000 to $24,000.  Geraldine McIntyre seconded.  Motion carried.


Privilege of the Floor 


John Litten presented the Council with a document from the developer of Edgewood Villages on Mustang Drive.  It reads that Article IV is deleted from the Covenants and Restrictions which concerns the occupancy age limit in the homes.   He said he doesn’t think they can legally change this section of the Covenants and Restrictions but they have already done it according to the document he presented.  He questioned whether the letter he requested to be sent about a twenty-seven year old living in the homes was sent.  He added there are five children living in one of the homes; the man has bought the house so he questioned what can be done now.  He and other citizens have formed a group called the Mustang Drive Senior Citizens which consists of thirty-five members.  He remembers when the duplexes were approved they were supposed to be sold not rented but currently 2 are sold and 3 are rented.  He mentioned there is a couple living in one of the homes who have had to move to the other side of their home due to the noise that the twenty-seven year old makes when riding his ATV and dirt bike.  This couple has spoken with Mr. Voils and he said he can do nothing about the situation because the man has signed a one year contract.  The elderly gentleman is so upset he has asked Mr. Voils to buy back his duplex so he can move to somewhere quiet.  Mr. Voils said he would have to talk to the realtor, but Mr. Voils was the one who originally sold it to the gentleman.  He closed by saying this was a P. U. D. and rules need to be followed. 




Mike Spencer said he was not instructed to send a letter.  The Clerk’s Office was not instructed to send a letter either.  No letter was sent.


David Sorokoty said he will call an Executive Session to discuss with the Council what can be done legally so this issue can be resolved once and for all for the seniors living in Edgewood Villages.  There are rules developers are supposed to follow especially if it is a Planned Unit Development (P. U. D.).


Note:  This Executive Session was cancelled at Attorney’s request on September 23rd, 2003.  The Amendments to the Covenants and Restrictions document Mr. Litten represented were officially recorded, however, they are incorrect and have been  replaced with original Covenants and Restrictions after the Council noted Mr. Voils would be in violation of his P. U. D. standards if these were changed.


John Litten said his cousin Sandy Stevens and her sisters have a piece of property (the Mary Higgins property) and she asked him to inquire if a road could be built from the school to access State Rd. 46. 


Geraldine McIntyre said she’s been working on this.  She spoke to Peggy Welch and she said there isn’t any money available from the State for this project.  She still has to contact Vi Simpson.  The school is still interested in a direct access road to the highway.  She would like to see the road built also because all of the school buses and delivery trucks that now travel through Ridge Springs due to the road construction.  The increase in traffic is tearing up that subdivision’s road.  She assured him she is still looking into the situation.


Kathy Wagner requested an Executive Session concerning the parking issue.  She mentioned at the last meeting the parking issue could be taken care of without costing the Town any money.  According to Indiana Code she stated if you are replacing an existing, amending or repealing an Ordinance then # 3 states the Planning Commission and the Legislative body both must comply with section 603 of this chapter.  She cited 36-7-4-603 which reads “In preparing and considering proposals under the 600 series, the plan commission and the legislative body shall pay reasonable regard to:  (4) the conservation of property values throughout the jurisdiction…”  There are over 20 homeowners within two subdivisions using their lawns to permanently park in, which causes property values to decline.  Driveways are placed anywhere in the yards.  In the old ordinance it reads driveways must be paved.  In the new ordinance it reads that ten feet off of the road must be sealed then it can be graveled.  She understands some people are not instantly able to pave their driveways but the Town could give them time to comply. 


Lastly she pointed out that she and her husband have been voicing their opinion since the spring of 2001about the parking issue.  David Sorokoty has sat on the Board discussing and making decisions about parking the entire time until August 11th, 2003 all the while with a financial conflict of interest.  She cited Indiana Code 36-7-4-223 “(a) As used in this section, ‘zoning matter’ does not include the preparation or adoption of a comprehensive plan.  (b) A member of a plan commission or a legislative body may not participate as a member of the plan commission or legislative body in a hearing or decision of that commission or body concerning a zoning matter in which the member has a direct or indirect financial interest.  The commission or body shall enter in its records the fact that its member has such a disqualification.”  She said David was in violation of the Town’s ordinance since he had a gravel driveway until August 11th when he paved it.  She explained the financial interest was that if this ordinance had on been enforced prior to August 11th he would have had to pay to pave his driveway.  She requested again to call for a special session.


David Sorokoty explained the Council could call a meeting on the parking issue but said they should wait until Ray Freetage has the Zoning Administrator job description written.  He said the Council would take her remarks into consideration and they may call for a special session at a future date.


Ed Bitner commended the Board for their conduct and professionalism throughout this controversial meeting.


Supervisor’s Comments


Jim Davis explained Crider & Crider is putting in several driveway stubs for the businesses along the new section of highway currently and offered to put in the Fire




Departments.  He thought it might be cheaper for the Town if we could put our driveway in now.   He presented a proposal from Crider & Crider for the driveway cut for $15,000.  They have been using the Church’s access road, with their permission, when removing dirt from the site.  The Church probably wouldn’t care if they continued using it but the Fire Department will eventually need their own driveway.  He asked if the Council would like for Crider to put the driveway in now or wait for them to put it in after we receive the bond proceeds. 


Geraldine McIntyre asked if Crider is willing to wait for payment.


David Sorokoty asked if the cost will be the same if we do it now or later when we have the bond proceeds.  It needs to be done and he doesn’t care if they do it now or later. 


David Drake said while they’re in the area putting in others we should go ahead and let them do it now.  He added, in general, prices only go up.


Sandra Hash suggested asking them to wait also because the $147,000 we have is being used on Architectural fees.


Mike Spencer asked if the driveway stub amount was included in the original bond paperwork overall project cost.


Jim Davis said yes it’s included in the site preparation line.  He will ask if Crider will wait for payment and if the cost will be the same either way.  If the say “no” they won’t wait for payment then we will wait until the bond proceeds are available to put the cut in.


David Sorokoty agreed depending on Crider’s response we will either wait to put the cut in after we receive the bond proceeds or we will tell them to put in the cut now if they are willing to wait for payment. 


Sandra Hash said she and Amber will be attending the I.A.C.T. conference in South Bend next week.  The office will be closed on Tuesday and ˝ day on Thursday.  Donya will be in the office on Monday and Wednesday.


Ray Freetage explained the new Police Station will be built on the old water tower site.  They are building a road to the site because it dips down from the property on to the highway. INDOT is bringing their excess dirt and stone and packing it down.  It is being constructed at no additional cost to the project. 


David Sorokoty congratulated Lisa Creech and her husband on the birth of their baby girl.  He reminded everyone to shop in Ellettsville. 




David Sorokoty asked for a motion to adjourn.  Geraldine McIntyre moved to adjourn.  Ray Freetage seconded.  Motion carried.  The meeting was adjourned at 8:17 PM.






_____________________________                       __________________________

David Sorokoty, President                                         David Drake, Vice President




_____________________________                       __________________________

Lisa Combs-Creech                                                  Ray Freetage




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Geraldine McIntyre                                                    Sandra C. Hash, Clerk-Treasurer