August 13, 2012






The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, August 13, 2012, at the Fire Department Training and Conference Room.  Scott Oldham called the meeting to order at 7:00 p.m.  Dianna Bastin led the Pledge of Allegiance followed with a prayer by Phillip Smith. 


Roll Call:  Members present were Scott Oldham, President; Dianna Bastin, David Drake and Phillip Smith.  Dan Swafford was absent.  Sandra Hash, Clerk Treasurer; Darla Brown, Town Attorney, and Rick Coppock, Bynum Fanyo and Associates, Town Engineer, were also present


Supervisors Present were:  Jim Davis, Jim Ragle, Eric Chaudion, Connie Griffin, Mike Farmer and Jeff Farmer.


Approval of Minutes


Scott Oldham entertained a motion for the approval of the minutes for the regular meeting on July 23, 2012, the Budget Meeting on July 25, 2012, the Executive Session on July 30, 2012, the Public Hearing on July 30, 2012, the Budget Meeting on August 1, 2012, the Executive Session on August 6, 2012, the Special Session on August 6, 2012 and the Budget Meeting on August 7, 2012.  Phillip Smith so moved.  David Drake seconded.  Motion carried.


Accounts Payable Vouchers


Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers.  Dianna Bastin so moved.  Phillip Smith seconded.  Motion carried.


Clerk-Treasurer’s Report

July 2012 Fund Balances











Beginning Balance



Ending Balance







$   565,461.56

$   47,847.00

$   151,787.52

$      461,521.04







$   119,334.27

   $    40,302.10

$     34,790.08

$      124,846.29


 temporary loan

 $    50,000.00








Water O&M

$   250,415.44

 $   173,401.44

$   241,631.35

$      182,185.53






Waste Water O&M

$   159,894.86

$   244,019.05

$   155,589.89

$      248,323.72




Resolution 12-2012 Encroachment Issue at 4315 N. Rindle Lane


Darla Brown, Town Attorney, explained this involves a piece of property owned by Kurt Siebolt.  When he went to sell the property a survey was done and the surveyor noted there was a setback encroachment and a drainage easement encroachment.  Michael Korus is the realtor and is present.  Mr. Siebolt is asking the Town Council to approve this resolution.  If the Town Council approves the resolution and allows the setback and utility easement encroachments it will be filed in the Recorder’s office and  will follow subsequent owners of the property.


Michael Korus said everything Ms. Brown said is exactly the case.  They have an accepted offer on the property and a mortgage survey showed two different encroachments.  One was into a side yard setback and the other into a drainage easement.  On the same day they received the survey, they scheduled a stake survey because mortgage surveys are not as accurate.  The stake survey confirmed the two encroachments and wasn’t as bad as originally thought.  The property is .1’ into the drainage easement.  They are requesting this resolution because the last buyer’s lender specifically required the title company to insure over this.  Without knowing exactly what it was they wouldn’t lend on it.  Now they can provide the stake survey to potential buyers. 


Scott Oldam asked if the home is actually in the setback and drainage easements.  Mr. Korus replied that is correct.  The drainage easement is 7 1/2’ and the setback is 10’ from the side lot of the property.  They’re 2.7’ over in the side yard setback and now .1’ over in the drainage easement.  Mr. Oldham asked if it’s the home or the porch.  Mr. Korus answered it’s the north corner of the house.


David Drake asked if this was the result of a bad previous survey.  Mr. Korus replied he doesn’t know exactly how it happened.  Kurt Siebolt built the house.  Mr. Siebolt feels based on the stakes from the stake survey that the northwest corner doesn’t seem like a stake he would have used.  He ran a stringer from the front of the property to the back and built off of that.  When the home was built Spring Valley was under construction everywhere.  Bull dozers hit stakes and moved them.  Mr. Drake asked if the property owner on the other side has any issues with this.  Ms. Brown said she has not talked to them.  Mr. Korus said he has not talked to them, and they haven’t received any complaints from anyone.  Mr. Smith confirmed it’s hitting the easement and not going on to anyone’s property.  Mr. Korus responded that was correct. 


Scott Oldham asked if they’re wanting a modification to the easement and drainage area.  Ms. Brown explained it’s permission to encroach.  In exchange for that the Town is agreeing not to bring certain causes of action.  The owners, and it applies to all subsequent owners, are responsible for certain things such as maintaining the encroachment.  They allow the Town to enter the easement at any time.  They also agree to hold the Town harmless from any and all damages that may occur if the Town has to do work in the drainage easement.  If some accident occurs it will hold the Town harmless from any and all responsibility for any damages that may occur.  They agree not to encroach further.  Mr. Oldham asked Mike Farmer and Jeff Farmer if there would be any reason the 2.7’ would cause concern later.  Mike Farmer replied no.


Scott Oldham entertained a motion to adopt Resolution 12-2012.  David Drake made a motion to adopt Resolution 12-2012.  Phillip Smith seconded.  Roll Call Vote:  Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith - yes.  Motion carried 4-0.


Ordinances on First Reading


Ordinance 2012-19 to Amend Chapter 51 of the Ellettsville Town Code Regarding Water Usage during Emergencies


Darla Brown, Town Attorney, explained this is an ordinance drafted to address any water emergencies that may occur.  It sets forth the procedure for the Town Council to follow in order to declare an emergency, what the Town would consider violations, penalties for the violations and so forth.  The ordinance is directed to all Town water company customers. 


Scott Oldham knows there was an email exchanged this date regarding water customers not living in Town.  Ms. Brown replied there was a question as to whether or not the Town has jurisdiction to fine customers who don’t live within the Town limits and she thinks the Town does.


Dianna Bastin asked if the ordinance is enacted at this meeting will it take immediate effect.  Mike Farmer replied that is his recommendation.  Ms. Bastin said that’s a good idea.  She’s wanting everyone to understand that because Bloomington has been in the paper, Ellettsville will be right behind them.  Mr. Farmer advised there will be a publication with the City of Bloomington and Ellettsville will be part of it.  They’re ready to start.  They’ve been preparing for a week.  Ms. Bastin asked if the City of Bloomington water ban started today when will Ellettsville’s start.  Mr. Farmer answered if it’s enacted at this meeting, it will start tomorrow. 


Scott Oldham asked if they choose not to enact it at this meeting what would the ramifications be.  Mr. Farmer replied the City of Bloomington Utilities is depending on the Town as one of their large customers to enact it.  If the Town does not enact it Bloomington will be talking to them. 


Phillip Smith asked at what point will the restriction be lifted.  Mr. Farmer answered it is until the next meeting.  Mr. Brown advised she has allowed for two different kinds of emergencies.  If there’s an immediate emergency such as a main break, there’s a provision under subsection B for the Town Council President upon recommendation by the Town water company superintendent to declare the existence of an emergency and then the Town Council will re-visit it at the next meeting.  If they declare an emergency under subsection A, which is what is being done at this meeting, then the emergency stays in the place until the Town Council cancels it.  It could be the next meeting or it could be September. 


Scott Oldham asked if it will mimic Bloomington.  Ms. Brown answered that is correct.  Mr. Farmer commented it seems to him Town Council would expect an update at the next meeting at the very latest.  Mr. Oldham asked who would be issuing fines and investigating violations.  Mr. Farmer replied through education, a lot of door knocking and by mail they will be notifying a lot of people.  If they get to the point where they think someone is being abstinent and refuses to conserve water, they will send a written warning the first time and if it continues they’ll get a letter in the mail which will outline the fine.  Ms. Brown commented the second offense is a $100 fine and all subsequent offenses are Class C ordinance violations and they are $500 fines. 


Mike Farmer noted he has talked to the City of Bloomington Utilities on the type of notification they have and he’s talked to Connie Griffin.  They may issue something similar to what the Planning Department issues for code violations.  Ms. Brown explained the ordinance states it can be enforced by all town managers and supervisors.  Her thought being everyone is out and about such as fire and police departments.  She doesn’t expect people to devote extra manpower hours but while everyone is out and about they can observe and if they see someone violating the ordinance they can write the violation.  Mr. Farmer further noted for those people who have irrigation meters and use a lot of water will have their meter read.  They thought about shutting off all irrigation meters but he doesn’t know what it would do to their controls.  Rather then shut them off they will be notified directly and they will read their meters. 


Phillip Smith had a couple of people ask about the wordage, “water even” and “water odd”, on their bills.  Mr. Farmer said that is no longer in existence because no one will be watering for irrigation after the ordinance is passed.  Ms. Bastin wanted to clarify that this isn’t something the police or dispatch would be called about.  She can’t see their neighbor watering and turn them in.  This isn’t a police call.  Mr. Farmer said that’s correct.  If they have any questions or concerns in the Town of Ellettsville they’re to call (812) 876-2297 and they’ll take care of it.  They have a customer action system and they’ll take down all of the information and return calls if necessary. 


Scott Oldham stated there are a number of exceptions.  Mr. Farmer advised the list of exceptions will be available at Town Hall.  They’re not intending to interrupt commerce.  The irrigation is one of the main culprits of high water usage and there are some exceptions.  People can water their gardens if they use a hand held hose.  Nurseries are exempt. 


Tom Mathison thinks the ordinance is basically good and he supports it.  It’s considerably better than the City of Bloomington has put out in that it allows for certain things such as operating recycling water fountains which are important for birds and other wildlife.  The Town has removed allowing customers to top off swimming pools.  He reiterated it is a very good ordinance and he’s all for it.  He’s concerned, however, with rushing through it at this meeting.  Normally, ordinances require two readings before they adopt them and there may be members of the public who simply didn’t come to the meeting because they assume there will be a second reading.  They should stick to the normal procedures and wait to adopt it after the second reading.  If Bloomington has a problem with it, it’s their problem. 


Dianna Bastin made a motion that Ordinance 2012-09 be submitted for first reading.  David Drake seconded.  Roll Call Vote:  Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith - yes.  Motion carried 4-0.


Dianna Bastin made a motion that Ordinance 2012-09 be adopted on the same day at which it is introduced.  David Drake seconded.   Roll Call Vote:  Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith - yes.  Motion carried 4-0.


Dianna Bastin made a motion that Ordinance 2012-19 be adopted.  Roll Call Vote:  Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith - yes.  Motion carried 4-0.


Scott Oldham stated for clarity purposes the motion has been introduced and passed on its first day of adoption.  It goes into effect on August 14, 2012.  Ms. Brown advised if they see fit to there needs to be a motion to declare a water emergency pursuant to the ordinance.


Dianna Bastin made a motion to declare a water emergency pursuant to Ordinance 2012-19.  Phillip Smith seconded.  Roll Call Vote:  Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith - yes.  Motion carried 4-0.


Scott Oldham asked at what point the ordinance takes effect.  Ms. Brown replied it takes effect immediately.  She prepared a notice for Sandra Hash to publish in the paper.  If she wants to use that notice or something similar that’s fine.  Mr. Oldham asked if it will be revisited in two weeks for an update from Mike Farmer.  Mr. Farmer responded that’s correct.  They’re in daily contact with the City of Bloomington Utilities and he will keep the Town Council informed by emails.


Sandra Hash normally publishes in the Journal.  Do they want it published in the Herald-Times?  Mr. Oldham responded they should because education is essential to this.  Ms. Brown suggested putting the notices on a couple of local radio stations.  Mr. Smith asked Ms. Hash if she will publish the complete ordinance.  Ms. Hash replied she will or she may publish the press release.  Ms. Brown noted the ordinance is on the website so people can view the entire ordinance.  Ms. Hash asked if she needs to publish the whole ordinance or the press release.  Ms. Brown replied she would do both because the ordinance has to be published anyway because it includes penalties. 


Ordinances on Second Reading


Ordinance 2012-18 to Amend Chapter 93 of the Ellettsville Town Code Public Health Nuisances – Darla Brown


Darla Brown, Town Attorney, explained this is the second reading on an ordinance that was introduced at the last meeting.  This ordinance made some changes to §93 which added some definitions for weeds and rank vegetation.  It also incorporates the new sections of the Indiana Code that allow for once the notice is provided by certified mail the subsequent abatement notices can be posted at the property.  She also added a section to allow individuals to appeal, in writing, to the Town Council.


Dianna Bastin asked if uncontrolled growth of annual and perennial plants includes a butterfly bush in a garden.  Ms. Brown replied no, they’re worried about things that aren’t cultivated. If it has a decorative or ornamental purpose then it’s also excluded from the definition of weeds and rank vegetation. 


David Drake made a motion to adopt Ordinance 2012-18.  Phillip Smith seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith - yes.  Motion carried 4-0.


Old Business


Agreement between Monroe County Redevelopment Commission and the Town of Ellettsville Regarding Award of Tax Increment Financing Funds


Fire Chief Jim Davis explained for about three months the Fire Department has been in the process of gathering information for the replacement of two vehicles.  One is a typical fire engine and the other is a rescue truck.  The fire engine is a 1977 model that is 35 years old and they’re wanting to replace it.  The rescue truck is 26 years old and is a 1986 or 1987 model.  Richland Township has a Tax Increment Financing District (“TIF District”) and they utilized this when they purchased an aerial truck seven years ago.  To explain, when a county or agency forms a TIF District the taxes are held at that level to go to the government and the TIF District receives any increases in taxes from that point on.  Their particular TIF District happens to be where Cook, Inc. is located.  So, substantial funding has been placed into the TIF District.  Inside the rules and regulations of the TIF District they’re allowed to assist with the purchase of firefighting equipment to help cover the TIF District.  They helped to purchase the aerial truck which was $840,000 and they contributed $220,000 seven years ago.  He and Mike Cornman met with those folks a month ago and requested they assist in purchasing firefighting trucks for Ellettsville and Richland Township.  Ellettsville provides fire protection to Richland Township via contract.  The TIF District has offered to pay $220,000 this year and next year.  The TIF District has requested an agreement be prepared stating they will spend the money to purchase a fire truck.  Darla Brown, Town Attorney, has prepared the agreement.


Darla Brown, Town Attorney, explained the Town agrees to purchase the two vehicles along with the equipment and the TIF District contributes $440,000 which is $220,000 for two years.  The purpose of the agreement is to make clear the Town of Ellettsville Fire Department funds will be used to pay the balance of the cost, the Town is liable for insuring and maintaining the vehicles and things of that nature.  The recitals are longer than the actual agreement but the county attorneys thought it was appropriate to have the language to address some of the statutory requirements for TIF funding.


Fire Chief Jim Davis further noted the purchase of both vehicles is above the $440,000.  The remaining funds will come from the Town of Ellettsville through the Cumulative Building and Equipment Fund and Richland Township’s Cumulative Building and Equipment Fund based on the same ratio used in past years. 


David Drake made a motion to approve the agreement between Monroe County Redevelopment Commission and the Town of Ellettsville regarding the award of Tax Increment Financing funds for two new fire trucks.  Dianna Bastin seconded.  Roll Call Vote:  Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith - yes.  Motion carried 4-0.


Fire Chief Jim Davis advised the TIF District still has to approve this on August 15, 2012.  Ms. Brown advised he, Mike Cornman and David Drake are scheduled to attend the TIF District meeting.


Council Comments


Dianna Bastin found it interesting with regard to the water emergency that someone asked her what took the Town so long.  Her answer was the utilities managers work closely with Bloomington and they know Ellettsville.  They had hoped they would never have to do this.  After much consideration did they decide to do it on the same night.




Dianna Bastin made a motion to adjourn.  Phillip Smith seconded.  Motion carried.  Scott Oldham adjourned the meeting at 7:34 p.m.