The Ellettsville, Indiana, Town Council met in regular session at 7:30 PM, Tuesday, October 23, 2000. Members present were Geraldine McIntyre, President; Jerry Pittsford, Vice President; Michael Cornman, David Drake, and David Sorokoty. Geraldine McIntyre called the meeting to order. Jerry Pittsford gave the prayer and Dave Sorokoty led the Pledge of Allegiance.

Bob Sowder commented on the membership of the Government Center Committee consisting of seven members of which five reside outside the town limits. He stated if the Park Board members must live in town then the committee members should also live in town. David Sorokoty replied he looked at knowledge and experience not addresses.

Ed Bitner asked about rezoning on Main Street once the highway comes through to commercial. Mike Cornman explained the previous council contemplated the possibility of rezoning at a reduced rate or for free three years ago.

Jerry Pittsford thought the Planner and the Plan commission should take this under advisement so the council can make an informed decision. He thought the residents of the area should be able to weigh in on the decision.

Kevin Farris said the Plan Commission is considering it as part of the 20-year comprehensive plan. The steering committee has spent 9 months developing recommendations for the 20-year plan. There will be public meetings followed by approval of the Plan Commission and Town Council. Jerry Pittsford suggested residents come to these meetings.

Ed Bitner said that the fire station did not really need to be replaced because of limited access. He just wants someone to admit that they just want a new fire station. There was further discussion on this. Geraldine commented that this subject is on the agenda and could be discussed later in the meeting.

Scott Wells spoke about the need for planning particularly in light of the new highway. He congratulated the council for the adopting the communication tower ordinance. He thought the provisions regarding the search ring needed extended to 2 miles from 1 mile. Scott said he thought the council needed to reconsider opting out of the IURC, which he noted was a free service. He noted issues surrounding conflict of interest, water customers who live outside the town limits not having any say when rates increase, sewer rates, and people on fixed incomes.

Jerry Pittsford commented that we pay the same rates as the people he spoke about and the sewer plant operates at 1/10 capacity. Jeff Farmer interjected that the plant operated at 50% capacity. Jerry said he thought the IURC was not sensitive to our needs. Scott Wells commented that Ellettsville water customers out in the county cannot vote for council members and there would be no checks and balances for these people. The IURC provides a safety net and 3^rd party conflict of interest protection. Jeff Farmer invited Scott over to the Waste Water Plant to maybe help clear up some issues.

Ordinance 00-19: Ordinance Concerning the Annexation of Adjacent and Contiguous Territory of the Ellettsville Town Code: High School and Junior High School Property

Jerry Pittsford read Ordinance 00-19. Rick Coppock said this is the Public Hearing for Ordinance 00-19, Ordinance 00-20, and Ordinance 00-21 and explained the next action to be taken after the public hearing would be for the council to adopt the annexation ordinances at their meeting on December 11, 2000. There was some discussion regarding ownership of the park property and annexation procedures.

Ordinance 00-20: Ordinance Concerning the Annexation of Adjacent and Contiguous Territory Of the Ellettsville Town Code: Elementary School Site

Jerry Pittsford read Ordinance 00-20 by title.

Ordinance 00-21: Ordinance Concerning the Annexation of Adjacent and Contiguous Territory Of the Ellettsville Town Code: Park Site -10 Acres

Jerry Pittsford read Ordinance 00-21by title.

Purchase of Property for the Fire Station: Appraisals

Rick Coppock said he turned in the 2 appraisals of the property in to the Clerk-Treasurer. Both appraisals came in over the amount the town offered for the property. Jerry Pittsford made a motion to exercise the option to purchase the Love property for the use of the fire station and we direct Clerk-Treasurer Sandy Hash to write a check for $4000.00 for the earnest money. David Sorokoty seconded the motion.

Darlene Sowder discussed the location of the new fire station and the ability to get the fire trucks out.

Ed Bitner said basically you guys just want a new fire department. If that is the case just say it and don’t lie about it. Geraldine McIntyre said at one time INDOT did tell the council that the fire trucks would not be able to get out. Ed Bitner commented that INDOT now says that they did not ever say it. David Sorokoty said the plans change all the time. One day they will say one thing the next day another. It goes back and forth. There was further discussion.

Jim Davis drew a diagram of the intersection where the current fire station is located. There was discussion of the right of way and curb placement regarding the department’s 16 foot and 24 foot trucks. The plans had changed but there was a point where there was a problem 2 years ago regarding getting vehicles in and out. Jim Davis discussed the history of the Fire Department:

The Fire department used to be located on Vine Street. They moved to the current location in 1967, on school property, because of a lack of space. The cost was $1.00 per year. The department has had a contract with Richland Township for fire protection since the 1950’s. a new truck was purchased in 1967 but they had no room for it in the building on Vine Street. In 1967 the new building had 3 bays and a meeting room. In 1970, the building was added on to because of another truck purchase. In 1971 another fire station was built on Curry Pike, and paid for by the west-side industries, to try to keep Bloomington from annexing. This is where the first full time firemen were. Both fire stations are outside of the town limits. In 1977 the meeting room was converted to the police station. In 1975 full-time people were added to the fire station in Ellettsville. In 1980 the two-story section was added, paid for by grant money. The Police Department was then given more space. In 1990 the council appropriated $15,000 from the CCI Fund to build on to the backside of the fire station to give fire and police more space. In 1986 an ambulance was added at the fire station costing them more space. In 1992 a secretary was added in to the station seven kitchen. The Deputy Chief’s office was placed in the day room. In 1997 EMS was started to back-up BHAS. The department acquired through the Department of Natural Resources two grass-rig trucks and two Blazers for EMS. The current garage doors and size of the building limit the department in placing the vehicles in the station. The town had to place low-profile tires on the new tanker or they could not get it through the doors. In 1995 the station flooded and the news media came down and took pictures. The station flooded twice in 1994. Flooding has destroyed fire and police property. The cost of the last lightning strike was nearly $20,000. The Fire Department has monitoring carbon dioxide detectors at the Westinghouse PCB sites for 20 years. Westinghouse sent engineers and electricians to study the current station and try to resolve the lightning strike problem. After a $10,000 expense the building was still struck. The Fire Department now turns their radios off during lightning events and has still been struck. The fumes when the trucks are started every morning enter the upstairs portion of the station though the fire pole portal. The carbon monoxide detectors go off on a constant basis. To fix the situation, all the garage doors are opened regardless of the outside conditions. The fire station currently sits on the fringe of the flood plain. There was further discussion regarding site selection and travel distances.

Geraldine McIntyre said both appraisals came in at $200,000 with a purchase price of $144,000.

Darlyne Sowder said her concern was not that the fire stations are not in town rather moving away from the core of the town. She said she thought as long as the fire station was flooding then the council would do something about the problem. She said she may have lost all hope of this when the fire station moves.

David Sorokoty said he thought Jim Davis was addressing The Journal article about the fire stations not being in town. A former fire chief told him that you should build a fire station where the people are not where they are going to be.

Jerry Pittsford said if there is industrial development on the west end there will be a need for another fire station and the industry on the west end will pay for it just as the east end of the township paid.

Jim Davis diagramed the site of the new fire station and discussed travel distances for both stations in relation to sites on State Road 46. The contract with the Township specifically states the judgments made by the Fire Chief shall not have any bearing between the town and the township. In other words, the chief cannot let a fire burn in the township because they are taking care of a fire in town. Richland Township pays over half the fire department budget and those residents deserve the same service. There was further discussion on site location and the ISO rating system.

David Drake said he thought there were some serious issues with the current fire station and the land is a steal.

Motion passed. Mike Cornman abstained from voting.

NEW BUSINESS

Union Valley Road Subdivision: Gregg Popp concern with the development

Debbie Popp thanked Clerk-Treasurer Sandra Hash for getting them on the agenda. She is concerned about the retention pond on eastern most edge of the subdivision. Rick Coppock said it is not designed to hold water and used only during rain events. The pond is currently holding water because the pumping structure is not constructed yet. It is built to county standards, which exceed Ellettsville standards for retention ponds. The pond should always empty after a storm over time.

Debbie said that concerns her even more. A retention pond is specifically for the purpose to hold overflow water created by hard surfaces like asphalt and rooftops that do not allow for water drainage. Debbie showed pictures that she had taken of the pond. Water is retained in a place previously designated for a road. The road cannot be placed there because of this. When they began pumping the pond she had water running across her property for 2 days at a high rate of speed. The area is a pasture and they cannot turn the horses out on the property because they will tear up the ground and have a bigger erosion problem. Their concern is that their property will be devalued and other neighbors will have the same concerns. She should not be forced to reduce the use of the land they own because of someone else’s actions.

Debbie does not object to the retention pond but there are different ways it can be managed particularly during overflow situations. This overflow will combine with the Tanglewood retention pond overflow, which routinely is at capacity and overflows the western property boundaries. What will happen when these overflows combine? Debbie showed additional pictures to the council. Debbie believes this is a substantial burden. Debbie said they do not mind the subdivision as long as the pond serves its purpose. She has heard that the pond will be a collector and the water will be funneled across her property. Before there was a pond the water would collect in a small valley and be gone 2 hours later. The retention pond is only creating a larger volume of water rather than maintaining the current flow rate.

Rick Coppock said when the water is released it goes across their property at the same place it always went. Debbie said previously the 33 acres soaked up the water, the 33 acres of hard surface will not. The volume and rate of flow will increase. She does not want to enter into a relationship with new neighbors under these circumstances. Rick Coppock said there would not be a pump in the final pond and flow will be regulated by the inlet and flow structure. Eventually the outlet pipe will empty into the same swale, with the flow reduced by the volume capacity of the outlet pipe. It is his understanding that the flow will be less than it is right now.

Jerry Pittsford said that the volume may increase but the flow on the land will decrease. It may take longer to dry out. Debbie Popp said that is not the point. You are decreasing the value of my land and my ability to put houses on it. It affects my future value. It affects my current value.

Jerry Pittsford asked if this property was going through our planning process. It was stated that this was the Ponton property and was in town.

David Sorokoty asked Debbie what her solution would be. Debbie said they could field tile her property and drain it underneath their driveway with a proper size culvert to the ditch at the edge of the road. They could drain it to the edge of the county highway and let it follow its natural path instead of running it through her ground.

Rick Coppock said she should write the suggestions down and give them to the developer. Debbie suggested the developer be required to post a bond specifically to deal with any water problems with the surrounding property owners. David Sorokoty suggested he and Rick go see the developer and work on a compromise. Gregg Popp said that when the new drain system is installed the pond will have to be drained and that water will be released over his property. David Sorokoty said to reach a compromise there might be some inconvenience to get to that point.

Jerry Pittsford asked Mike Spencer about the process of approvals and whether we could place conditions on any approval. Rick Coppock said there has only been preliminary plat approval so far. Mike Spencer indicated he did not know the answer to the specific question at this time. Debbie Popp said they had attended the Plan Commission meetings and had previously voiced their concerns regarding this. Jerry Pittsford said his biggest concern was telling her that the council could fix the problem when they legally cannot.

Ordinance 00-24: Ordinance to Establish the Town Court of Ellettsville, Indiana: Introduce

David Sorokoty discussed studying the establishment of a town court and explained that he would like to take a year to study the costs and revenues associated with a town court. He was not pro or con on it. This would have to be passed this year or otherwise we would have to wait 4 years. There was discussion regarding the council’s ability to dissolve a town court. David would like a committee established to study this.

Geraldine McIntyre said they had looked into a town court 5 or 6 years ago and the costs were high. David said he would like to study it during 2001 by looking at no less than 15 other communities. Jerry Pittsford likened this to the council not establishing a utility service board after a referendum was passed several years ago and he did not want that to happen again. There was further discussion of the possible revenues, source of tickets, and possible fines and fees. Clerk-Treasurer Sandra Hash discussed the distribution of funds and maintenance of records, and that she would like to volunteer for the committee. She commented that Jim Palmer discussed with her the ability of the town to collect infraction fees on town code violations if the police department issued tickets for ordinance violations. David Sorokoty read Ordinance 00-24 up to Section 1.

Ordinance 00-25: Ordinance to Amend Chapter 280 of the Ellettsville Town Code Concerning Fees and Charges: Introduce (Increase in fees for accidents reports, case reports and criminal background checks. Codify fees for gun permits, videotapes, and photographs.)

Jerry Pittsford read Ordinance 00-25 by title only. There was discussion regarding copying cost. Mike Cornman suggested IACT be contacted regarding this. There may be some issues regarding the access to records laws and any other statutory limits.

Request to attend training: The Clerk-Treasurer and Deputy Clerk-Treasurer are going to attend the Indiana Fiscal Policy Institute presented by Tim Berry, Treasurer of the State of Indiana on November 29, 2000.

David Drake made a motion to approve. David Sorokoty seconded the motion. Motion passed.

MINUTES AND CLAIMS

Jerry Pittsford made a motion to approve minutes and claims. David Sorokoty seconded the motion. Motion passed.

Mike Farmer said they are relocating water and sewer lines associated with the McNeely bridge replacement. The work will spill out to Matthews Drive. They will make an announcement when there will be some street closings associated with this project.

David Sorokoty said he was at the band championships at Indianapolis and it was a proud moment for Ellettsville. The band finished fourth overall. They were first in music, second in effect, and fifth in marching. The H-T quoted the announcer "On Route 46 in southern Indiana is the beautiful community of Ellettsville. Ellettsville is the source of some of the finest limestone in the country. It also produces one of the finest bands in the country…". It was a proud moment and people are starting to notice.

Mike Cornman

Mike Cornman asked Rick Coppock if he knew what the road names were going to be on the Ponton property. The road mapping committee is meeting and they need to make sure they are not duplicating road names out in the county.

Geraldine McIntyre announced Ellettsville After-Hours would be November 9^th at 6:00 PM at the Endwright Center. They will be recognizing the highway workers, fall festival workers, and newly elected officials. David Sorokoty said they will have the committees meeting on October 26^th at the Town Hall at 7:00 PM and it is a public meeting. Sandra C. Hash notified the council that she would be at a district meeting on Wednesday and the office would be open.

None

David Sorokoty made a motion to adjourn. Mike Cornman seconded the motion. Motion passed. Meeting adjourned at 9:43 PM.

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D. Geraldine McIntyre, President


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Jerry Pittsford, Vice President


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Mike Cornman


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David Drake


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David Sorokoty


Attest:


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Sandra C. Hash, Clerk-Treasurer