Roll Call: Members present were Dan Swafford, President; Dianna Bastin, Vice-President; David Drake, Scott Oldham and Phillip Smith. Sandra Hash, Clerk-Treasurer; Mike Spencer, Town Attorney and Rick Coppock, Town Engineer were also present.
Election of Officers
Dan Swafford called for a nomination for President.
Scott Oldham nominated Dianna Bastin. David Drake seconded. Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes. Motion carried 5-0.
Dianna Bastin entertained a motion for Vice-President of the Council.
Oldham nominated David Drake. Dan
Swafford seconded. Roll call vote: Dan Swafford – yes; Dianna Bastin – yes;
David Drake – yes; Scott
Police Department – Scott Oldham
Fire Department – David Drake
Street Department – Phillip Smith
Utility Department – Dan Swafford
Planning Department – Scott Oldham
Grievance Officer – Phillip Smith
Board of Zoning Appeals
One Republican appointment by Council vote
Geraldine McIntyre – term ended 2008
Sandra Hash stated Geraldine McIntyre would like to retain the Parks Board seat but she did not mention the BZA. Geraldine McIntyre was not present at the meeting. Dianna Bastin reappointed Geraldine McIntyre; should she change her mind, the Council will bring it back up.
David Drake made the motion to appoint Geraldine McIntyre to the Board of Zoning Appeals. Dan Swafford seconded. Motion carried.
Parks and Recreation Board
One Republican appointment by the President
Geraldine McIntyre – term ended 2008
Dianna Bastin reappointed Geraldine McIntyre to the Parks and Recreation Board, in her absence.
No political party directions/annual appointments
5 appointments – 3 by the President and 2 by the Council
David Drake suggested the Council appoint two members this evening and allow Dianna to research her appointments.
David Drake made a motion for the Council to appoint Frank Buczolich and Phillip Rogers. Dan Swafford seconded. Motion carried.
Dianna Bastin reappointed Darby McCarty with the same stipulation, if she is not interested she can contact the Council.
Annual appointments by the Town Council
Ellettsville Chamber of Commerce – Sandra Hash
Dianna Bastin reappointed all current appointments. David Drake made a motion that we adopt those appointments. Phillip Smith seconded. Motion carried.
Approval of Minutes
Bastin entertained a motion for the approval of the minutes for the Regular
Meeting December 22 and the Special Session
Accounts Payable Vouchers
Dianna Bastin asked for a motion for action to pay Accounts Payable Vouchers. David Drake so moved. Dan Swafford second. Motion carried.
Resolution 01-09 to enter into a lease
with T-Mobile Central LLC –
Mike Farmer stated the Ellettsville Utilities Department would
like to enter into an agreement with T-Mobile and allow them to place an
antenna ray on the top of the
David Drake made a motion we adopt Resolution 01-09. Scott Oldham seconded. Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes. Motion carried 5-0.
Ordinances on First
Ordinance 09-01 to amend the
Sandra Hash explained the existing code lists the sales tax amount
of 6%, which is included in the shelter house rental. To avoid having to amend this ordinance in
the future, the sales tax amount will be taken off and now say “amount includes
Indiana Sales Tax”. The existing code
talks about equipment needed for the
Ordinances of Second
Ordinance 08-12 to amend the Ellettsville Town Code concerning Sewer Rates and Charges
Dianna Bastin stated a Public Hearing was just held before the
Jack Neal asked if the increase is the same inside of Town as out. The rate increase will be 17% for all customers. Northern and Eastern are wholesale customers and will determine how they are going to raise their customers’ rates.
David Drake and the rest of Council pay the same rate. After ten years everyone should expect that costs are going to go up. In order to run the utilities successfully, the Town has to pass along some of those costs. In order to be responsible stewards of the utilities system, the Council needs to ensure there is enough money to operate the system or they are being irresponsible.
David Drake made a motion we adopt Ordinance 08-12. Phillip Smith seconded. Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes. Motion carried 5-0.
Agreement with H. J. Umbaugh and Associates for financial advisory services – Valuation Analysis
Mike Farmer presented an agreement with the Utilities Department’s accountants, H. J. Umbaugh. Information is needed; with the litigation with Northern Richland Sewer Corporation, and H. J. Umbaugh are the only ones who can supply that information. The agreement lists what H.J. Umbaugh will and will not do. The agreement is for $4,500.
Dan Swafford made a motion we enter into an agreement with H.J. Umbaugh for financial advisory services. Phillip Smith seconded. Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes. Motion carried 5-0.
Sandra Hash spoke with the new auditor and they expect the settlement checks to be available January 13th. The Town has some bonds payments due by the fifteenth. Sandra thanked Dan for signing and picking up the COIT check; she was able to get the check deposited the same day.
Frank Nierzwicki gave an update on Town grants. The money received on the I-69 Grant: Green-Space $785.80 with 10% complete; Training Course $100 with 10% completion and Capital Improvement Plan $3,167.21 25% complete. Frank invited the Council to attend a Training Course Monday, March 23rd at McCormick’s Creek from until There will be a consultant there to conduct the training class. Frank will present the consultants contract at the next Town Council meeting. The Town received three payments totaling $5,710.75 (89% of the grant) from the 2008 MPO Funding. A voucher will be submitted for $564.70 2009 MPO Funding (9% of the grant).
Frank announced Dan signed the Letter of Intent with SIDC (Southern Indiana Development Commission. This grant is for almost two million dollars.
Sidewalk Projects – The RFPs (Request for Proposals) were completed in November. INDOT sent them back in December. Five proposals have been received. Frank will meet with the School Corporation to review the proposals. A consultant will be selected by February.
Trail – Frank met with INDOT in the fall to decide what to do with the money that was received. They have met with Rick Coppock to get some costs on a bridge.
Frank received twenty applications and interviewed seven people for the Code Inspector position. He is recommending Dexter Luck for the position. Dexter Luck is a former Bloomington Police Officer; retired after twenty nine years. His background is in carpentry and other inspection issues. Phillip Smith was not involved in the interview process. Frank made it clear this position is “grant funded”. Dan asked how long the grant funding is for. Frank stated the funding will probably go through January 2010. There is some “laxed time” between the request being submitted and the reimbursement. Mr. Luck will be working twenty-four hours a week to start and possibly more during the summer. Frank would like for Mr. Luck to start January 16th.
Phillip Smith made a motion we hire Dexter Luck Jr., II, whatever, the older one for this position. David Drake seconded. Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes. Motion carried 5-0.
The Town has an ordinance that specifies what can be done with “take home cars”. Some of the specifics have been pushed down by the IRS. Mike Spencer thinks a W-9 might need to be issued to show the police officers are being compensated for use of the car. Scott asked about the option of funding going through the town or from an entity of the town. Mike Spencer explained there were OWI (Operating While Intoxicated) Funds the prosecutor had and they were paying Ellettsville police officers to run extra OWI patrols within the town. The money was coming from the prosecutor’s office and therefore the town did not run into FLSA (Fair Labor Standards Act) or overtime issues. Another issue is; cars are parked outside the jurisdiction of the entity. Mike Spencer is concerned a 1099 would be required indicating they are receiving extra money for using the car on a second job. Sandra explained the OWI money came back into the town and went through the payroll process. The town was required to pay the matching FICA.
Scott Oldham stated this question has come up and needs to be answered. Will the Council allow or disallow this and how. Mike Spencer said the Council will need to decide if they want this or not. Mike Spencer suggested entering into an inter-local agreement with the University to provide service.
Tony Bowlen, Town Marshal will check into an inter-local agreement. Dan Swafford stated the police officers working for the University are a definite violation of Town Code. Mike Spencer agreed that it is and clarified Scott is looking for clarification of “town business”. Mike Spencer, in his opinion, does not think this would be “town business”. Scott Oldham would like to clarify this issue and make a decision. Mike Spencer said if they decided to go with an inter-local agreement, the FLSA issue would need to be looked at. Dianna asked if it mattered if the agreement was with the Ellettsville Reserves, who own part of the cars. Mike Spencer said the Ellettsville Reserves is a different question. Scott stated the original question was regarding the regular police officers but there might be a defining line because the Ellettsville Reserves have hired some of the full-time officers to work in that capacity. Tony Bowlen explained when the Reserves can not fill the intersections they need; then they ask the paid officers for help. The paid officers use their vehicles. Dan asked about the officers not being allowed to “wear two badges”. Tony explained the officers are paid by Indiana University Athletics and not the police. David Drake explained the officers are not “holding two badges”; they are still working under the authority of the Ellettsville Police Department even if they are directing traffic for IU. Dan asked if they would be under Ellettsville jurisdiction if there was any type of accident. David said yes but IU would be liable to some extent because they are employing them but the town would still be responsible. Dan’s opinion is “why do we want to even put ourselves out there for litigation”. Tony stated if our officers are injured while working for IU, IU has procedures for treatment. Sandra asked if IU carries Workmen’s Compensation if an officer is incapacitated for a period of time. Another issue with the cars the Reserve Officers purchased is that the Town pays all the fuel, insurance and up keep on those cars. Mike asked does the Town want to support this certain function of the Ellettsville Police Officers and if you do, what is the effect on terms of FLSA and the IRS codes. The inter-local agreement should deal with those issues.
Scott asked Tony would the Town benefit from this with an inter-local agreement. Tony said yes in several ways. The first way being positive exposure; marketing itself in an aggressive way, the Town helping a State institution with staffing. The Town has gained in large ways, with them helping IU, they have been invited the police department to their training (which is State mandated) without having to pay for it. IU has offered to put on training for the police department such as Emergency Vehicle Operations which became a requirement the beginning of this year. The Ellettsville Police Department has never been accepted into trainings by other departments but since being exposed to the other officers and helping them they have been asked to participate in many training exercises. The combination of things is a positive impact not only for the department but also for our community.
David Drake feels the way around the FLSA problem is the Town figures out what IU will pay to have an officer and car there (regardless if it is regular or overtime).
asked if there will be a problem with FLSA if they have not reached their set
number of hours. David does not think
the Town should refuse to do this. We
are part of
Scott asked Tony if there are any other entities that pay for the services of the regular or Reserve Officers. Tony answered Monroe County Fall Festival pays the Reserves Officers. Sandra explained the Monroe County Fall Festival pays the Reserve Officers by check. The full-time officers also work the Fall Festival and incur overtime. Dan clarified the Fall Festival is in our community. The Reserve Officers are paid for the Hilly Hundred also. Mike Spencer will meet with the Marshal and look into some of the issues. Dan clarified the work has ceased. Tony spoke with each of the board members before football season ever started; it never went before a formal vote. He emailed each one, brought it up at a Supervisor’s meeting and received no negative feed back. There was no intent for any of the police officers to break any Town Codes. The police were not advised there was a problem and they didn’t view it as an issue.
Drake stated “town business” is whatever the Town Council says “town business”
is. If the Town Marshal tells his
officers this is “town business” then it is “town business”. Unless the Council tells the Marshal it is not
“town business” then he is within his authority to do that. When Tony was contacted and asked by the
Phillip Smith clarified that our full-time officers are not on duty at the time. Phillip asked if our insurance covers them while working for another agency. Sandra stated our officers are covered anytime they are in uniform and in the vehicles. David said there would be some argument as to who would be the most responsible and who would end up paying the bill if they are working for IU. Sandra will check on the Worker’s Comp question and also the insurance.
Dianna Bastin asked Tony that “In the interim, you are not driving any police cars out there, correct? Not even the Reserves are driving theirs either but you still are helping”. Tony said they are still helping and will not turn their backs on them. They are still wearing Ellettsville uniforms. Mike Spencer asked if there is any Ellettsville Police Officers working security at the hospital. Tony said yes some of the Reserves Officer’s have primary jobs there and do not wear their uniforms. There are also some paid officers that work there too. David Drake stated the Sheriffs Department and Bloomington Police are allowed to work outside jobs in uniform with approval from their police department.
Dianna Bastin stated this issue is complaint driven. This is not the Council deciding that the Ellettsville Police Officers can not drive their cars to x, y or z. Scott Oldham could not confirm that it was complaint driven.
Dianna Bastin thanked the Utilities Department; she learned a lot and they helped her with the Christmas decorating. She thanked the Council for the vote of confidence.
Dianna Bastin entertained a motion we adjourn. David Drake so moved. Scott Oldham seconded. Motion carried. Dianna Bastin adjourned the meeting at