September 8, 2003



The Ellettsville, Indiana, Town Council met in special session to adopt the 2004 Budget at 7:00 PM, Monday, September 8, 2003.  David Sorokoty called the meeting to order at 7:03 PM.  Ray Freetage made a motion to adopt the 2004 Budget.  Lisa Creech seconded.  Motion carried.


Ray Freetage made a motion to adjourn.  Lisa Creech seconded.  Motion carried.  Meeting adjourned at 7:08 PM.                                                                                           



The Ellettsville, Indiana, Town Council met in regular session at 7:30 PM, Monday, September 8th, 2003 at the Town Hall located at 221 N. Sale Street, Ellettsville.  David Sorokoty called the meeting to order and Ray Freetage led in prayer.  Lisa Creech 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; Lisa Combs-Creech, Ray Freetage and Geraldine McIntyre.  Also present were Sandra Hash, Clerk-Treasurer; Mike Spencer, Attorney and Rick Coppock, Engineer.


Supervisors present at the meeting were Jim Davis, Jim Ragle, Ron McGlocklin, Mike Farmer and Jeff Farmer.


Approval of minutes of the meetings for August 25th and August 27th, 2003


Lisa Creech moved to approve the August 25th and August 27th minutes and Geraldine McIntyre seconded.  Motion carried.


Action to pay Accounts Payable Vouchers


Ray Freetage moved to approve the accounts payable vouchers.  Lisa Creech seconded.  Motion carried.




Resolution 21-03 to approve preliminary drawings and form of lease for the Police Station


Lisa Lee, Ice Miller presented a new time table for the Police Station.  She explained the maximum lease term is for 22 years with rental bi-annual maximum payments of $184,000 to be made in January and July.  The first payment is due on July 1, 2005.  After the bonds are sold the payments are expected to be reduced once the interest rates are locked in so the payments match the debt service on the bonds.  The Hearing with the Department of Local Government Finance is set for September 25th.  This resolution states the lease rental is fair, reasonable and in the best interest of the public which uses the same Building Corporation and sets the public Hearing date for September 22, 2003 at 7:30 PM.  Since the original site chosen (old sewer site) is not acceptable now, she suggested using the address of the new location when publishing the public hearing notice.  Ron McGlocklin said he did not have an address yet, but it is between 1402 and 1410 West Temperance Street (the old water tower site).  Ray Freetage moved to adopt Resolution 21-03.  Lisa Creech seconded.  Motion carried.


Resolution 22-03 Declaration of Official Intent to reimburse (Police Station)


Lisa Lee, Ice Miller explained this resolution is a federal tax requirement if you want to reimburse the Town for money that was spent prior to issuing the bonds.  She recommended proceeding with adopting this resolution now because this document insures being reimbursed.  Ray Freetage moved to adopt Resolution 22-03 Declaration of Official Intent to Reimburse Expenditures.  David Drake seconded.  Motion carried.


Resolution 23-03 Replacing a Director of the Ellettsville Building Corporation


David Sorokoty explained Street Commissioner Jim Ragle is not allowed to participate in this corporation because he is an employee of the Town.  Ray Freetage moved to appoint John Emmons of 399 Cedar Drive, Ellettsville, Indiana be appointed to the Ellettsville Building Corporation Board of Directors to fill the vacancy created by Mr. Ragle’s resignation.  Lisa Creech seconded.  Motion carried.


Ordinances on First Reading




Ordinance 03-17 Additional Appropriation


Sandra Hash explained the reason for an additional appropriation is to fund the street light fixtures for $60,000. 


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


David Sorokoty introduced Ordinance 03-18 reading it in its entirety.  This ordinance adds the following information.


Mustang Drive will have a maximum speed limit of 20 M.P.H. and no parking on both sides of the street from end to end.   


Through Streets                                 Stop Streets

Ashbrook Lane                                 Ridgemoor Court

Deer Park Drive                                Ashbrook Lane

Susan Street                                      Mary Street


The ordinance deletes the following information.


Through Street                                   Yield Street

Deer Park Drive                                Ashbrook Lane


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


David Drake explained the Plan Commission has already reviewed this ordinance and gave a unanimous, favorable recommendation to have this property rezoned from R-1 to C-3.  The property is along St. Rd. 46 and the surrounding property is already zoned commercial.  This lot would share a drive with another commercial business.  Since this ordinance has already held the public hearing through the Plan Commission it can be passed on the first reading.  Mike Spencer questioned whether the 0.203 acres of easement property on page two of the zoning description ordinance be included in this re-zone ordinance.  The Council agreed to leave this as the first reading and look into this further before passing it.      


Ordinances on Second Reading


Ordinance 03-13 to amend Chapter 255 of the Ellettsville Town Code by adding 255-102 Commendation Awards


Dave Sorokoty read by title and reminded this was for both the Fire and Police personnel and that a slight change was made from the original ordinance.  Sandra Hash said the change is reflected in this Ordinance.  The change was made in a section of the Medal of Bravery Award.  It now reads “The Medal of Bravery will be awarded to an Ellettsville Firefighter / Police Officer on the basis of an exemplary performance while COURAGEOUSLY risking his / her own life while confronting a dangerous situation.”  David Drake made a motion to adopt Ordinance 03-13.  Geraldine McIntyre seconded.  Motion carried.


Ordinance 03-15 to create a fund for Hazardous Materials


David Sorokoty read Ordinance 03-15 by title.  Mike Spencer explained this ordinance authorizes the Fire Department to bill for their services during hazardous clean up incidents and allows the Town to set up a fund to receive and disburse money.  He added the money received for services can be used to purchase supplies, equipment and for training to acquire the skills necessary for hazardous clean up situations.  Lisa Creech made a motion to adopt 03-15.  David Drake seconded.  Motion carried.


Ordinance 03-16 Chester Martin zoning change from R-1 to R-2 on Union Valley Subdivision


David Sorokoty read the introduction to Ordinance 03-16 to amend the zone maps and asked for public comment.




Ian Hall commented he and other adjacent property owners met and discussed this issue and would like to request the Council consider carefully all of the ramifications of changing the zoning in this area.  The condominiums will be wide and therefore closer to the property lines than a single family home.  He is concerned if it is re-zoned that the condominiums may eventually become rentals which he believes would be detrimental to



the area which he calls a “starter home community”.  He submitted a petition of property owners that would like to see the zoning remain R-1. 


Chuck Radke stated he supports the residents who signed the petition even though this zoning change would not directly affect his property.  He added that he didn’t think this small of a condo association could be effective in governing or generate enough funds to do what they plan.


Chester Martin thanked the Council for hearing this issue and added this zoning was passed unanimously previously by the Plan Commission.  All of homes will be sold and have 2 car garages.  The outside maintenance will be taken care of by the association in a uniform manner.  There will be five houses with ten families and the open space will be landscaped.  Will-Harris Builders is the contractor and they will be nice homes with some brick on them, they will be similar to Briargate.  He explained this is one of his original plans to flip the cud-de-sac the other way which would allow another home to be built under the R-1 zoning.  However, the R-1 zoning with only a few homes was not cost effective when building the road and other expenses for the number of single family lots proposed which is why he opted to pursue an R-2 zoning.  He closed by saying he chose the best building option for all property owners concerned and as long as he is alive these homes will not be rentals. 


After further discussion Ray Freetage made a motion to adopt Ordinance 03-16 for the Chester Martin zoning change from R-1 to R-2 on Union Valley Subdivision.  David Drake seconded.  Motion carried 3-2 with David Sorokoty and Lisa Creech voting against it.


Old Business


Bynum Fanyo & Associates, Inc. Architect Agreement for new Fire Station


Jim Davis met with Sherman Bynum and he added the information for the additional services plus a fee schedule if additional services were needed and removed article 7.  Also any changes made must go before the Council prior to the change.  He forwarded this information to Mike Spencer for his review. 


Mike Spencer said the changes made were acceptable.


David Drake made a motion to approve the Architectural Agreement for the Fire Station with Bynum Fanyo & Associates, Inc. as presented.  Geraldine McIntyre seconded.  Motion carried


Drainage Problems Deer Run Subdivision – Chuck Radke


Chuck Radke reiterated there is still a problem of how to handle the storm water runoff from the Lantern Lane storm sewer also pointing out that the drainage easement between lots 3 and 4 in Deer Run Section II does not have a rock lined ditch to handle the water.  He presented each of the Council members with a letter and included pictures of the flood water after the last big rain the Town had between 8-31-03 and 9-2-03.  He said the corrective action they took has created a worse problem.  He suggested a rock lined ditch system like the one between lots 5 and 6 for Militia Court runoff to handle the Lantern Lane runoff.  He closed by saying if the Town feels this has been engineered correctly up to their standards he will “respectfully disagree and move on” but at least he’s tried his best to bring it to everyone’s attention and correct the problem.  He requested the changes that were made be reversed to the original state even if it wasn’t perfect it was better than the attempted correction.


Lisa Creech, who also lives in the Deer Run subdivision, commented it’s a total addition problem that needs to be addressed.  She has researched this drainage issue for three years because of her problems and believes proper grading and swales would help tremendously.


David Sorokoty said this is not a dead issue; the Council will speak to Mr. Robinson, Rick Coppock and Bynum Fanyo about the best course of action to take.


New Business


Offer for sale - Parcels 138 & 139 by Indiana Department of Transportation


Sandra Hash explained she had received a letter from Stephen Catron, Supervisor Property Management for INDOT offering the Town the option to purchase these two




lots prior to a public bid process.  The fair market value of the property is $53,500 but they would consider any reasonable offer.  The property is the former Pizza Hut lot and former Dollar General adjacent lot. 


David Drake stated since its not big enough for a Police station then the Town really didn’t have a need to purchase the property and would rather tax dollars be collected from someone else.  The Council agreed to not purchase the land.


David Drake made a motion to not make an offer on parcels 138 and 139 by the Indiana Department of Transportation.  Lisa Creech seconded.  Motion carried.


Capacity Certification / Allocation Letters for Chester Martin Subdivision


Rick Coppock explained this is the sewer for this subdivision.  There will have to be two sewer systems, one side of the property drains to the Eastern-Richland Sewer Corporation and the other part of the property drains to the Town’s sewer system.  It will be low flow because there are not very many units.  David Drake made a motion to approve the capacity certification / allocation letters for the Chester Martin subdivision.  Geraldine McIntyre seconded.  Motion carried.


Privilege of the Floor


Kathy Wagner – Parking in Yards Issue


Kathy lives in Kelli Heights and is concerned about parking in yards.  She mentioned she saw the meeting about the Zoning Administrator with Bill Land as a possible candidate and that Ray Freetage would be writing a job description for this position.  Therefore, she has e-mailed Bill Land about this parking concern and his reply was that he is not the Zoning Administrator currently and that Lisa Creech is taking care of that issue.   Her impression was that Mr. Land did not want to enforce this.  She questioned if this is correct and how this would be taken care of?  She also asked when the description will be finished.


Ray Freetage stated the job description is not finished yet and he is still working on it.  He and David Drake still need to go through it line by line applying the term “Zoning Administrator” where applicable.  He’s trying to make it realistic if that can be accomplished.  He doesn’t have a definite time frame when the description will be done.  He added he’s not sure if that person will even be dealing with parking issues but that his main focal point should be on zoning.


Lisa Creech read his quote “Lisa, I take it, will take charge of parking enforcement and I will continue with my regular contract to the end of the year.  Some enforcement tasks will be given to me by the Council I am sure.”  He feels there should be something done in the interim and questioned if the Police Reserves could handle this.  The ordinance needs clarification and the changed to read “yard” in general.


David Sorokoty said we will wait until the job description is finished before proceeding with any action.  He pointed out the best solution to put Bill Land in as interim Zoning Administrator was voted down.


Sandra Hash commented Attorney Susan Sturgeon pointed out to her if a Council Member writes up the violations and then also gets to set on the Board who makes the final decision then it takes away from a citizen’s due process.


Geraldine McIntyre stated she spoke with Bill Land at the last Plan Commission meeting and he was planning on looking at some of the parking issues the following Saturday but she hasn’t heard back from him yet.


Ron McGlocklin could use the Reserves and Full-time Officers but the Ordinance needs to be clarified with steps to follow and a fee schedule before it can be enforceable.  He also suggested publishing in the Journal and Herald-Times that the Town will be enforcing no parking in yards to inform the public as much as possible prior to issuing tickets.


Lisa Creech requested the Council allow Mike Spencer to change the Ordinance and permit the Police Reserves to enforce the ordinance in the interim while the job description is being established.  After further discussion David Sorokoty closed the floor for comments and continued to supervisor’s comments.





Supervisor’s Comments


Mike Farmer requested permission to allow several employees to travel on September 22nd or 23rd or 24th to Louisville, Kentucky for one day to attend an International Construction and Utilities Exposition.  It is an excellent opportunity for our employees to be exposed to new technologies.  Four to six employees may be traveling to the Expo.  Two meals per employee plus gas will be the cost, it is not an overnight trip and the admission is free.  David Drake moved to approve Mike’s request.  Geraldine McIntyre seconded.  Motion carried.


Ron McGlocklin stated the first site chosen is not suitable and they are looking at building on the old water tower site.   Ron and Ray Freetage will be meeting with the architect and engineers tomorrow about the new site.  David Sorokoty told Ron to check with Jerry Barnes of INDOT about fill dirt for the sink holes on this property.  The primary access to the property will be the same as it is now but he would also like to have another access road off of Grant Street.


He also said Kathy Duncan with Prime Source has created an Incident Management Database for the Ellettsville Police Department which costs $900.


The entire department will be meeting with the Prosecutor and Judge Kellams on September 17th from 1:30 to 3:00 PM for a training seminar.


Sandra Hash asked direction on payment of Mike Spencer’s for his legal services connected with the bond process.   Ray Freetage moved to pay Mr. Spencer’s legal fees associated with the bond project through the bond.  Lisa Creech seconded.  Motion carried.


Jim Fielder requested permission to use the Town Hall as a poling site for November 4th.  Geraldine McIntyre made a motion to allow Mr. Fielder to use the Town Hall for voting for the elections in the fall.  David Drake seconded.  Motion carried.


Sandra also requested permission for her and Amber to attend the annual IACT Conference in South Bend, Indiana from September 29th  through October 2nd.  The 29th is a payroll day but they will be in the office by afternoon and make the checks available to the employees on Friday morning as usual.  Geraldine McIntyre made a motion for them to attend the conference.  Ray Freetage seconded.  Motion carried.


Geraldine McIntyre informed the Council that Bill Earles passed away this afternoon and extended her prayers to his family.  Also her prayers are extended to the Governor who is still in the hospital.


David Sorokoty agreed with Geraldine, wishing the Governor and his family the best.  Also extended his sympathy to Bill Earles family.




David Sorokoty asked for a motion to adjourn.  Geraldine McIntyre moved to adjourn.  Lisa Creech seconded, motion carried.  The meeting was adjourned at 9:12 PM.




_____________________________                       ________________________________

David Sorokoty, President                                         David Drake, Vice President




_____________________________                       ________________________________

Lisa Combs-Creech                                                  Ray Freetage




____________________________                         ________________________________

Geraldine McIntyre                                                    Sandra C. Hash, Clerk-Treasurer