August 4, 2009




The Ellettsville, Indiana, Town Council met for a Special Session on Tuesday , August 4, 2009, at the Fire Department Training and Conference Room.  Dianna Bastin called the meeting to order at 6:06 p.m.


Members present were Dianna Bastin, President; David Drake, Vice-President and Scott Oldham.  Sandra Hash, Clerk-Treasurer and Mike Spencer, Town Attorney were present. 




Resolution 17-09 Fiscal Plan for the Blackwell Annexation 2-2009


David Drake made a motion that we adopt Resolution 17-09.  Scott Oldham seconded.  Roll call vote:  Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith and Dan Swafford are absent.  Motion carried 3-0.




Ordinance 09-18 concerning the annexation of adjacent and contiguous territory known as the Blackwell Annexation 2-2009, 7490 West State Road 46


David Drake made a motion we introduce Ordinance 09-18 for 1st Reading.  Scott Oldham seconded.  Roll call vote:  Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes.  Motion carried 3-0. 


New Business


Meet with prospective attorney


Darla Brown stated she has been practicing law for twenty years and graduated from the Indiana University School of Law in 1988.  She has been with Kelley, Belcher & Brown for sixteen years and they are a “general practice” law firm.  She explained all the different cases she has represented for the general public, school corporations and municipalities. 


David Drake explained what the present Town Attorney currently handles for the town; procedural questions on what the town can and can not do, writing ordinances and how to pass ordinances.  David Drake asked Ms. Brown if she has experience in those areas.  Ms. Brown does not but she has reviewed the Town Code and is willing to learn.


Dianna Bastin announced Mike Spencer has offered to work with his replacement and turn over all files.  Dianna stated Utilities Law seems to be a big part of the Town Attorney’s job at the present time. 


David Drake sees this as an opportunity for Ms. Brown to get involved in different areas of the law that she has not been in before.  Dianna Bastin asked if it was alright if the Town Supervisors called the Town Attorney instead of just Town Council members.  Ms. Brown said that was fine and she takes phone calls when she is in the office. 


David Drake asked if the other partners in her law firm will have a problem with Town business and problems.  Ms. Brown answered that will not be an issue.  The Town will be considered “clients” and will be given the same treatment as the other clients.  Sandra explained there were times she spoke with Mike Spencer’s associates and asked if this would be an issue?  Ms. Brown stated if she was not available and someone needed answers, the other associates would be available. 


Dianna Bastin asked Ms. Brown, after her review of the Town Code, is there anything that would give her pause about being the Town Attorney.  Ms. Brown said no. 


Sandra Hash asked Ms. Brown if she was familiar with Mike Spencer’s contract.  Ms. Brown spoke with Mike Spencer briefly.  Sandra explained the Town pays a retainer, hourly fees and a reduced rate for the legal assistant.  Ms. Brown is willing to work under Mike Spencer’s fee structure. 


David Drake made a motion to authorize Mike Spencer to prepare the necessary contract and at the next meeting approve the contract.  By the next meeting there should be a date upon which the contract will start in order to sign the contract.  Scott Oldham seconded.  Roll call vote:  Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes.  Motion carried 3-0.




Scott Oldham made a motion we adjourn.  David Drake seconded.  Motion carried.  Dianna Bastin adjourned the meeting at 6:30 p.m.