August 13, 2007




The Ellettsville, Indiana, Town Council met in regular session on Monday, August 13, 2007, at the Fire Department Training and Conference Room.  Dan Swafford called the meeting to order at 7:30 p.m. and introduced the newest Council member, Phill Smith.  Phillip Rogers led the Pledge of Allegiance and Sandra Hash led in prayer. 


Dan Swafford presented Dennis Williamson with a plaque for his years of service as President and past Council member. 


Roll Call:  Members present were Dan Swafford, President; Dianna Bastin, Vice-President; Ted Robertson, Phillip Rogers and Phill Smith.  Sandra Hash, Clerk Treasurer; Mike Spencer, Attorney and Rick Coppock Town Engineer were also present. 


Supervisors Present:    Jim Davis, Jim Ragle, Gary Darland, Mike Farmer and Frank Nierzwicki were present.  


Approval of the minutes


Dianna Bastin made a motion we approve the minutes for the Regular Meeting July 23 and Budget Meetings July 18 and 25, 2007.  Phillip Rogers seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


Dianna Bastin made a motion to take action to pay Accounts Payable Vouchers.  Phillip Rogers seconded.   Motion carried.




Resolution 12-07 Temporary Loan


Sandra Hash explained a month ago the Town received a loan from the Police Building Corporation Holding Fund to pay Debt Service payments.  Sandra received a second advance draw from the Monroe County Treasurer enabling her to pay the Building Corporation back for that loan.  Money then needed to be transferred from the Police Debt Fund to the Fire Debt Fund.  When she receives her final distribution for the first half of the year, she will immediately pay back $15,952.25 to the Police Debt Fund.  Dan Swafford asked Sandra to read the resolution in its entirety. 


Dianna Bastin made a motion to pass Resolution 12-07 Temporary Loan.  Phillip Rogers seconded.  Roll call vote:   Ted Robertson – yes; Phillip Rogers – yes; Dan Swafford – yes; Dianna Bastin – yes; Phill Smith – yes.  Motion carried.


Resolution 13-07 to adopt a written fiscal plan and to establish a policy for the provision of town services to an annexed area


Frank Nierzwicki presented a request for annexation.  The property is a vacant 32 acre lot north of Centennial Drive and was recommended for approval by the Plan Commission.  Frank went over the fiscal plan; there is no extra cost to the town, a $15,000 increased assessed valuation will be included into the town and it is already served by town sewer, water and fire. 


Dianna Bastin made a motion that we pass Resolution 13-07 to adopt a written fiscal plan and to establish a policy for the provision of town services to an annexed area.  Phillip Rogers seconded.  Roll call vote:  Ted Robertson – yes; Phillip Rogers – yes; Dan Swafford – yes; Dianna Bastin – yes; Phill Smith – abstained.  Motion carried.


Ordinances on First Reading


Ordinance 07-08 to annex the area known as the Romine-Cole-Sykora Annexation, 4011 West Lost Mans Lane consisting of approximately 32 acres


Frank Nierzwicki explained this ordinance goes along with the fiscal plan.  This property is presently an R-1 single family residential and there are no plans at this point to develop it.  Dianna Bastin went on to add this property is adjacent to the Headley property, The Arbors at Woodgate and north of Highland Park Estates.  Dan Swafford stated this property is moving closer to the Bloomington “magic line” that has been drawn.  Frank has worked with Bloomington concerning this property.  The Indiana Code allows 100% voluntary annexation of property within 3 miles of a city. 


New Business


Monroe County Fall Festival request street closing for Parade on September 22, 2007


Ron Wayt, President of the Monroe County Fall Festival is requesting street closures for the parade route.  Marshal Darland has secured the necessary permit from the State Department of Transportation to close eastbound State Road 46 for the parade on Saturday, September 22 from 11a.m. – 2 p.m. The parade will be held at noon that day.  Ron Wayt is requesting street closures for the safety of the public and parade entries.  The streets being requested for closure intersect with the eastbound side of State Road 46; Edgewood Drive, Sharp Street, Walnut Street, Matthews Drive, Sale Street, 5th, 4th, 3rd, 2nd, 1st and Paul Street.  This has been the traditional parade route for 45 years and he is not asking for anything uncommon.  All the residents have another way out.  Dan Swafford asked how the Fall Festival is going.  Ron answered they are a month away and invited everyone to attend.  The entertainment schedule is set, printed in a brochure and available at the local sponsors.  The program book will be available September 1st.  He went over the list of entertainers that will be performing.  Anyone interested in being in the parade or having a commercial booth, there is a website with a link to the Fall Festival.  Gary Darland has no problem with the closings.


Dianna Bastin made a motion that Monroe County Fall Festival’s request for street closings for the parade on September 22, 2007 eastbound State Road 46; streets mentioned prior, be approved.  Phillip Rogers seconded.  Motion carried. 


Supervisor’s Comments


Sandra Hash made a few changes to the budgets.  She met with the May Agency representative last week and found out the health care provider, Anthem, will be increasing rates 10%.  The Fire Department health insurance increased $2,000, Police Department $4,000 and the Street Department $2,678 bringing the total increase to $8,678.  Copies of the budget changes have been made for the departments effected. 


Dan Swafford commented to the Fire Chief about the Fire Department sign.  A lady ran off the road and destroyed the sign. 


Gary Darland commended Ron Wayt on his efforts with the Fall Festival.  He explained there are four Reserve Officers, having wonderful qualifications, being brought on to the Reserve Force.  Eric Chaudion will be in charge of the Reserve Program and has been doing an excellent job.  Eric introduced Bill Benningfield and Brian Taylor who were both prior Reserves.  The other two are Anthony Witlow and Josh Calabrese.  Sandra Hash swore in Brian Taylor and William Benningfield.  Dan Swafford announced it means a lot to him that these men are volunteers and willing to risk their lives to protect the citizens of Ellettsville.  He welcomed them aboard. 


Public Comment


Frank Terkhorn of Ellettsville True Value talked about a situation that recently happened.  A fraudulent purchase of a $3,500 four-wheeler was made with a fraudulent credit card.  He received a notice that his claim was rejected and he lost the money.  He contacted the Ellettsville Police Department, who has a new program on a trial basis that allows them to search the country for different items.  The four-wheeler was found in Bloomington, Illinois and as a result of the police department’s effort; the “thief” was caught in Georgia and is now behind bars.  He fraudulently purchased over $200,000 worth of product.  Frank Terkhorn appreciates the effort from the Ellettsville Police Department and will receive his merchandise back.


Art Hayes talked about all the annexations in the last two months.  He thinks the water capacity is at 90% and sewer is 80% but more when it rains.  He asked what the hook up charge for utilities in the town.  Mike Farmer will produce a list a fees and hook-on requirements for Mr. Hayes.  Art Hayes asked if the Eastern fees for the same service is much higher and heard up to $2,000.  If this is true, he would like to take some of the weight off the town people and spread the fees around.  An extra water line will be needed. 


Don Kuster, resident for 51 years asked the Town Marshal why he fired Chuck Jacobs.  Chuck Jacobs was the firearm instructor, breathalyzer instructor and put in over 100 hours a month.  Gary Darland introduced himself to Don Kuster and explained when Mr. Kuster was Town Marshal he had to make tough decisions; now that Gary is Town Marshal he has to.  Gary Darland is not going into detail about the firing but explained he is turning the Reserves into a different organization.  He wants them to be part of the department and not a stand alone organization.  He wants to work with the Reserves and make them an asset different than they are now.  The Reserves will be working as “detectives”. 


Board Comments


Ted Robertson asked Marshal Darland if there is another place for the dismissed Reserve Officer to work.  Marshal Darland does not need him at this time.  Ted asked the Marshal to comment on Justin Mullis.  Marshal Darland said “that is an item that will have to come before the Executive Session and has consulted with the Town President about it”.  Ted asked Mike Spencer if the Marshal can fire people without the Council’s vote.  Mike Spencer said “as to the Reserves, yes; as to a part-timer, no”.  Dan Swafford announced an Executive Session will be scheduled.  Ted needed to understand “what does it take to keep part-timers working for the force; does it take a uniform or gun to keep them on the schedule”.  Marshal Darland did not understand the question.  Ted explained “to keep part-timers, it does not cost very much because they work at will”.  Marshal Darland explained money was not the issue but availability. 


Dianna Bastin recognized the Ellettsville Fire Department for assisting Bloomington City on a very hot day with a fire on the west side of Bloomington using the aerial truck.  She has received numerous comments.  It was a job well done in the current heat and humidity.   She thanked Mike Farmer for his service to the Town and does not expect him to have a list of fees and costs at a council meeting.  Mike Farmer replied he wrote the information down and will give it to Mr. Hayes after the meeting.


Dan Swafford saw all the supervisors out working today and thanked them.  He commended Jim Ragle for all the hard work he is doing in the heat when he could have his workers doing the work.  He commended Mike Farmer for working on a main break at the plant.  The Town is very lucky to have the Supervisors they have and all the workers too. 




Dianna Bastin made a motion to adjourn.  Phillip Rogers seconded.  Motion carried. Dan Swafford adjourned the meeting at 8:04 p.m.