March 28, 2011
The Ellettsville, Indiana, Town
Council met for a Regular Meeting on Monday, March 28, 2011,
at the Fire Department Training and Conference Room. David Drake called the meeting to order at 7:00
p.m. Dan Swafford led the Pledge of
Allegiance followed by a prayer led by Sandra Hash.
Roll Call: Members
present were David Drake, President; Scott Oldham, Vice President; Dianna
Bastin and Dan Swafford. Phillip Smith
was absent. Sandra Hash, Clerk-Treasurer,
Darla Brown, Town Attorney, and Rick Coppock, Town Engineer, were also present.
Jim Davis, Tony Bowlen, Jim Ragle, Connie
Griffin, Mike Farmer, and Jeff Farmer.
Approval of Minutes
David Drake entertained a motion for the approval of
the minutes for the Regular Meeting on March 14, 2011. Dianna Bastin so moved. Dan Swafford seconded. Motion carried.
David Drake entertained a motion for action to pay
Accounts Payable Vouchers. Dianna Bastin
made a motion to pay the vouchers. Dan
Swafford seconded. Motion carried.
Tracking Factor Approved by Indiana Utility
Regulatory Commission to Reflect the Change in the Water Rates Charged by the
City of Bloomington
Ellettsville Utilities – They have
received the tariff raising the water rates to reflect the increase of the
purchase water from the City of Bloomington
will affect Ellettsville Utilities customers at the rate of 25¢ per 1,000
gallons used. The Indiana Utility Regulatory
Commission has approved the tariff. It
will be on the May bills. David Drake
asked if this reflects the increase the Town has to pay the City of Bloomington for
water. Mr. Farmer stated this is
Clerk-Treasurer – She and Becky Wines
had discussed the Town Code. Umbaugh is
going to prepare the information for Darla Brown, Town Attorney. Ms. Brown will prepare an ordinance to
reflect the 25¢ increase.
Between the Town of Ellettsville
and Smithville Security, LLC
Town Attorney – The week after the
last Town Council meeting she exchanged telephone conversations and emails with
Richard Kissel in Indianapolis,
the attorney for Smithville Security.
They were not able to reach an agreement with regard to language in the
contract. She had issues with paragraphs
10 (release from liability) and 11 (indemnification from third party
lenders). They weren’t able to work
anything out before the deadline to notify the current security company whether
or not the Town was going to renew its contract. If this is appropriate, someone should move
to rescind the motion approving the agreement between the Town of Ellettsville and
Smithville Security. Dan Swafford asked
if the same language was in the contact with the current security
provider. Ms. Brown said she has not
seen that agreement and did not know.
Mr. Swafford asked what happens if the Town rescinds this
agreement. Ms. Brown said she told Mr.
Kissel she would be willing to try again in the future to see if something
could be worked out.
Bastin – Commented there are more
than ample security companies and, maybe, if we want to look for a better deal
now would be the time.
David Drake entertained a motion to rescind the motion
to approve the agreement between the Town of Ellettsville and Smithville Security. Dianna Bastin made a motion to rescind the
motion to approve the agreement between the Town of Ellettsville and Smithville Security. Scott Oldham seconded. Roll Call Vote: David Drake – yes; Scott Oldham
– yes; Dianna Bastin – yes and Dan Swafford - yes. Motion carried 4-0.
Bean Blossom Community School Corporation Request Use of Memorial Park on
Friday, June 3, 2011, for a School Activity
Johnson, Retired Teacher from Richland Bean
Blossom – She is representing the
second grade teachers from Edgewood
Primary School. The State of Indiana
has cut education funding which has had a domino affect to Monroe County
Schools, and they have cut the Honey
field trips. Honey Creek
School is a one room
school house on Low Gap Road. For many years, they have enjoyed being able
to go to the school. The children spent
the day role playing as students in the mid-1850s and they got a lot out of
it. This is also for learning past
history which is also one of the state’s standards in Social Studies. The second grade teachers came up with the
idea that the school could have a study trip called “The Pioneer Day” in
Ellettsville for their students. The
date to do this is Friday, June 3, 2011, the week before school is out for the
summer. They are trying to recreate as
many of the one room school activities as they can. This involves 150 children from the school
and parents will be attending as well.
She has tentatively reserved the Ellettsville Library and, hopefully,
the Town Park, the log cabin and the area around
the Library for June 3, 2011, between 9:00 a.m. to 3:00 p.m. The students will bring their lunches. They are seeking initial approval to use the Town Park
and, maybe, close off the street between the Library and the Town Park
to the old-fashion cabin. They will
recreate learning areas and centers. The
Home Economics Department has helped in the past with old-fashion activities. They have someone to demonstrate making corn
husk dolls, basket weaving and old-fashion penmanship. Stephanie Holman, the Children’s Director at
the Library has volunteered to help.
Carol Darling, who was the original Honey Creek
School teacher, has a
program, “Aunt Caroline from 1835,” she will be presenting. Ms. Darling will bring a conestoga wagon,
tell stories and play games. She also
gave them some ideas of games to play.
Ms. Darling suggested they try to borrow McGuffy readers from the
Historical Library at University
David Drake entertained a motion to approve the use of
Memorial Park and the road closure from the alley next to Kenny’s Tavern to Matthews Street. Dianna Bastin made a motion to approve the
use of Memorial Park and closure of the road from the alley next to Kenny’s
Tavern to Matthews Street
and behind the Library. Dan Swafford
seconded. Roll Call Vote: David Drake – yes; Scott Oldham
– yes; Dianna Bastin – yes and Dan Swafford - yes. Motion carried.
of the 457 Governmental Plan Document – The
Purpose of This Restated Document is to Incorporate Recent Legislative and
Regulatory Changes Into the Plan
Sandra Hash – Prepared a synopsis of the changes to the 457
Governmental Plan with Nationwide Retirement Solutions, formally known as
PEBSCO. On October 24, 1994, the
Ellettsville Town Council approved participation in a 457 deferred compensation
plan for government employees. The Plan
allows employees to invest in a pre-tax retirement plan through payroll
deduction. The plan requires an Employer
Administrator and the Clerk-Treasurer has served in this capacity since the
Plan’s inception. Currently, seven
employees participate in the 457 Plan.
With legislative changes and Internal Revenue Service (“IRS”) regulations
the Plan Document has to be updated from time to time. Nationwide updates and administers the plan according
to the legislative and IRS changes and provides the updated plans to the
Town. The Plan Document was updated in
2000, 2002 and 2006. It states “no features will be taken away from the
plan.” With the 2011 update,
Nationwide is requesting a “Plan Sponsor Signature Page” acknowledging receipt
of the Certificate of Participation and Disclosure Document and acceptance of
the changes. If the Town chooses not to
adopt the Plan Document, it would need to create its own Plan Document that
would be in compliance with the IRS and acceptable to Nationwide so they can
administer the Plan. The Plan Sponsor
Signature Page is due by May 31, 2011 and the plan will be retroactive to
January 1, 2011. She is requesting
direction of the Town Council on how to proceed with the approval process.
David Drake – Asked if these are things that will change what the
person is contributing and receiving or are they procedural changes as required
by the IRS. Ms. Hash responded they are
legal procedural changes required by the IRS.
Ms. Hash summarized the changes as outlined in the 2011 Restated Plan
Document Initiative previously provided to the Town Council. Mr. Drake suggested providing copies of the
changes to the supervisors so the employees enrolled in the Plan are aware of
the changes. The Town Attorney should be
given a copy of the changes as well for her review. Ms. Hash stated the Plan Documents are booklets
and Nationwide sent the current plan, the new plan and the fee structure. Nationwide is now offering a Roth IRA. Before, the Plan offered mutual funds and a
fixed account. Dan Swafford suggested
providing the information to all employees.
Ms. Hash commented a representative came through about one year ago to
meet with employees. Maybe one or two
people joined the Plan. It would be
confusing to give the other employees a copy of the Plan unless they show an
interest. This matter will be tabled
until the next meeting of the Town Council.
Tony Bowlen – Presented a Software
License Agreement for the InterAct Public Safety Systems which had been
reviewed by the Town Attorney. This
Agreement is for the mobile data terminal in the cars. The Agreement allows the Police Department to
run its own drivers license and license plate checks in the cars. They will “piggy back” the City of Bloomington system at a
significantly lower price. David Drake
asked if the Police Department had the funds for this in their budget. Marshal Tony Bowlen responded they had the
funds in their budget. Sandra Hash asked
if they could write tickets and do background checks. Marshal Bowlen stated they already have the
ability in the computers in the car to do the ticketing. This system allows them to do drivers license
and license plate checks. David Drake
asked if it will be IDACS and NCIC or the CAD screen. Marshal Bowlen answered they will get the CAD
screen. Dan Swafford asked if there are
any fees other than the initial cost with the signing of the Agreement. Marshal Bowlen stated there will be an annual
maintenance agreement. Mr. Swafford
asked if they will have unlimited usage.
Marshal Bowlen stated the data side is handled by the Verizon
cards. It is unlimited data for $29.99 a
month per card. The City of Bloomington is acting as host for the Town of Ellettsville. This is under an agreement they have with
InterAct, the software company. The City
of Bloomington has been hosting Sullivan County for one year. David Drake stated this will increase the
efficiency and productivity of the Police Department. It also cuts down on radio traffic. Sandra Hash asked if calls would go directly
to the Town or to Central Dispatch. Mr.
Drake advised 911 calls would still go through Central Dispatch. The thirty day trial will not go into effect
until they take delivery of the software licenses. Then, the Police Department will have thirty
days to inspect and ascertain whether or not they have any issues or problems
with the software. If there are any
problems, they have to give InterAct written notice within ten days from the
end of the trial period. Mr. Swafford
asked if training was included. Marshal
Bowlen stated the training will come from Cheryl Carlyss, the IDAC Coordinator
at Central Dispatch and from Brenda Russ of the Monroe County Sheriff’s
David Drake entertained a motion to sign the Agreement
with InterAct for the software license. Dan
Swafford made a motion to sign the Agreement with InterAct for the software
license. Scott Oldham seconded. Roll Call Vote: David Drake – yes; Scott Oldham
– yes; Dianna Bastin – yes and Dan Swafford - yes. Motion carried 4-0.
Griffin, Director of Planning - On March 30, 2011, she will be attending Employee in
Responsible Charge training as a local public agency. This is a certificate that has to be renewed
every two years. Technically, she is not
due to go for training until the fall.
However, training the closest to Ellettsville is on March 30th. The office will be closed on that day. Americans With Disabilities Act – On December
14, 2010, she had provided updates on the ADA Transition Plan the Planning
Department has been working on. So far,
the Planning Department has logged 68.5 hours that can be billed to the
Metropolitan Planning Organization (“MPO”).
The MPO has given different agencies up to $10,000. This plan will be able to be financed through
the Planning Department doing the work and billing back to the MPO. The Planning Department has attended one
training session which was the “Ins and Outs of Conducting a Self-Evaluation”
for the Town government and services. On
April 19, 2011, there is a seminar, “Are My Recreational Areas Accessible” and
the third seminar will be “Reasonable Accommodations.” The very least to start with would be coming
before the Town Council for a longer presentation on April 11, 2011, with more
of a breakdown as to the compliance issues.
An ADA Coordinator has to be designated, notice to the public regarding
ADA requirements, establish a grievance policy and procedures, design
standards, specifications and details, approving a schedule and budgets to get
the transitions into place and monitoring progress of the implementation of the
transition plan. On April 11, 2011,
setting up a task force will be discussed.
Supervisors should be included for the self-evaluations of each service
area. Perhaps Town Council and Plan
Commission members should be included in the task force as well as a few
citizens. Technically, she would like to
get the policy written to have something to work with rather than creating it
all at once.
Dan Swafford – Asked Rick Coppock, Town Engineer, the status of
mapping the water lines. Mr. Coppock
responded they should be done by the next meeting. They still have to check on a couple of lines
before the mapping is finalized. Mr.
Swafford stated Monroe County Commissioners have requested the master plan and
requested status of the same. Mr.
Coppock stated Monroe
County wanted a copy of
the service area boundaries. There has
been a master plan since 1990 or 1995 stating the areas that could be serviced
with gravity in the treatment plant plan.
A copy of the plan will be made available for the next Town Council
meeting. It’s more or less a plan of
what could gravitate to the Town based on the topography of the area.
David Drake – There’s going to be an Earth Day event on Friday,
April 22, 2011, from 10:00 a.m. to 4:00 p.m. at the College Mall if someone
wants to promote their recycling business, healthy lifestyles, organic foods
and plants, alternative energy or sustainable living they can get a table for
$100. The deadline to register is April
15, 2011. People can contact Dena
Marietta at (812) 339-9370 at College Mall if interested
Dan Swafford made a motion to adjourn. Scott Oldham seconded. Motion carried. David Drake adjourned the meeting at 7:36