August 23, 2010





The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, August 23, 2010 at the Fire Department Training and Conference Room.  Phillip Smith called the meeting to order at 7:30 p.m. Phillip Smith led the prayer following the Pledge of Allegiance. 


Roll Call:  Members present were Phillip Smith, President; Scott Oldham, Vice-President; Dianna Bastin; David Drake, and Dan Swafford.  Sandra Hash, Clerk-Treasurer and Darla Brown were also present.   


Supervisors Present were:  Mike Cornman, Jim Ragle, Tony Bowlen, Mike Farmer, Jeff Farmer, Connie Griffin and Rick Coppock.


Approval of Minutes


Phillip Smith entertained a motion for the approval of the minutes for the Regular Meeting and Executive Session August 9, 2010.  Dan Swafford so moved.  Scott Oldham seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Accounts Payable Vouchers


Phillip Smith entertained a motion for action to pay Accounts Payable Vouchers.  Dianna Bastin so moved.  Dan Swafford seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Andrew Harrison, Schneider Corporation


Connie Griffin introduced Andrew Harrison from the Schneider Corporation.  Andrew explained the company was established in 1962.   They have worked with the town on the Green Ways study and are getting ready to start on the Heritage Trail project.  When they do work for a community they really want to get to know the people of the community and give the community a face with the name.  Andrew will service as the account representative and will be available to answer questions or concerns.   He works out of the Indianapolis office and had been with the company for 23 years.  The project manager is Kevin Foster for the Heritage Trail project.  Andrew distributed literature explaining the services Schneider Corporation offers.  They also have a monthly news letter that has grant alerts.  They also host which shows every real estate parcel in Indiana.


Proposals for the McNeely Street Water Storage Facility maintenance and management Program


Darla Brown, Town Attorney opened the proposals and verified the needed documents were included.


TMI Coatings, 3291 Terminal Drive, St. Paul, MN 55121

Caldwell Tank, 4000 Tower Road, Louisville, KY 40219

Utility Service Company, PO Box 1350, Perry, GA 31069




 TMI Coatings

 Caldwell Tank

 Utility Service Co.



 $ 321,500.00


 $ 251,934.00


 $   258,000.00




 $     5,000.00


 $     1,093.00


 $       2,000.00




 $     8,500.00


 $     3,265.00


 $       2,200.00




 $     5,000.00


 $     1,159.00


 $       2,400.00




 $     8,500.00


 $     3,464.00


 $       2,600.00




 $     5,000.00


 $     1,231.00


 $       2,800.00




 $     9,000.00


 $     3,675.00


 $       3,000.00




 $     5,000.00


 $     1,304.00


 $       3,200.00




 $ 148,000.00


 $ 120,130.00


 $   145,000.00




 $     5,000.00


 $     1,384.00


 $       3,600.00




 $ 262,000.00


 $ 184,196.00


 $   185,000.00




 $ 782,500.00


 $ 572,835.00


 $   609,800.00




Darla Brown suggested Council table the proposals to allow her and the Town Engineer time to look over the proposals.


Dan Swafford asked for clarification from Jeff Farmer concerning the proposals.  It was his understanding if they entered into a maintenance agreement it would save the initial lump sum fee.  These proposals seem to have a large up front fee and a large fee every ten years.  Is this what Jeff expected?  Jeff replied when this was initially discussed 3 years ago the fees were about $20,000 to $25,000 per year, but there was always an initial fee.  As he remembers it was $80,000 per year for the first 3 years with a much higher annual fee.  Dan replied he thought the intent of the maintenance agreement was to reduce the up front payment and he wasn’t sure this was what they had discussed.  Jeff said it was expected. They will review the information and come back with a recommendation at the next meeting for both tanks.


Dianna Bastin made a motion to table this in order to give the Attorney and Town Engineer a chance to look over all of the proposals.  Scott Oldham seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Quotes for Louden Road Water Storage Facility maintenance Project


Darla Brown, Town Attorney opened the Quotes and verified the needed documents were included.


Caldwell Tank, 4000 Tower Road, Louisville, KY 40219 – declined

TMI Coatings, 3291 Terminal Drive, St. Paul, MN 55121

Mid Atlantic, 1551 Robinson Road, Washington Court House, OH 43160




 TMI Coatings


 Mid Atlantic







 $   32,500.00


 $   10,530.00







 $   13,900.00


 $     9,110.00







 $   36,500.00


 $     8,840.00







 $   13,000.00


 $   10,530.00







 $     7,000.00


 $     1,400.00






 $ 102,900.00


 $   40,410.00






Dianna Bastin made a motion that we table this to give our Attorney and Engineer a chance to look the bids. Dan Swafford seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Plan Commission’s Favorable Recommendation for the Allen and Joyce Grimes Annexation


Connie Griffin, Planning Director, Mr. Grimes started the annexation process in August of 2009.  He has abated the observable code violations.  On August 5, 2010 he received a favorable recommendation from the Plan Commission.  She provided a map showing the 5 land uses currently on the property along with a signed land use verification form signed by Mr. Grimes making him accountable for the 5 current uses and acknowledging that if he changes any of the land uses on the property he would be required to bring the property up to current code such as paving the parking.  With Council approval of Ordinance 10-14 it will grant the Grimes annexation allowing him to obtain the building permit to complete the 17 repairs on the Guiding Light Ministries Church.  When the repairs are complete he will get the occupancy permit needed for the church.




Resolution 08-10 to adopt a Written Fiscal Plan for the Allen and Joyce Grimes Property at 5027 North Lakeview Drive


Connie Griffin, Planning Director, The Grimes property is surrounded by Ellettsville parcels on the North, South and West sides.  Out of the 1,512 feet of border 756 feet or 50% are contiguous meeting the annexation requirements.  The public hearing notice and the adjacent property owners all have been fulfilled.  The fiscal plan has been reviewed by all the supervisors and there are no problems.


Dianna Bastin questioned if the problems in Section 7 of the Fiscal Plan were all cleaned up and taken care of.  Connie replied that was correct those are all taken care of.  Dianna stated we are not taking in any property with any code or ordinance violations.  Connie replied that is correct. 


Dan Swafford stated he met with Ike Grimes and toured the church.  He was impressed.  The church looked really nice and Ike has worked hard to bring the property up to the Town standards.


Phillip Smith requested a motion to approve Resolution 08-10 to adopt a written Fiscal Plan for the Allen and Joyce Grimes property on Lakeview Drive.  Dan Swafford so moved.  David Drake seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Ordinances on First Reading


Ordinance 10-14 concerning the Annexation of the Allen and Joyce Grimes property on Lakeview Drive


Scott Oldham moved that Ordinance 10-14 be submitted for first reading.  Dianna Bastin seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Scott Oldham moved that Ordinance 10-14 be adopted on the same day it was introduced.  David Drake seconded. Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Scott Oldham moved that Ordinance 10-14 be adopted.  Dan Swafford seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Phillip requested Connie let Mr. and Mrs. Grimes know the Council thanked them for all their hard work.


Ordinance 10-12 to amend various sections of Chapter 96 of the Ellettsville Town Code concerning animals


Connie Griffin, Director of Planning, stated one comment had been received concerning this ordinance by e-mail from one Council member.  That is the only comment received since the August 9th meeting and the public notice was advertised. 


Town Council concerns from the last meeting and suggestions from Legal Council:

·        In Town 4-H kids are being deprived of raising animals as projects-that is one reason 96.03 was included to allow families to petition the Town Council approval by written request.  Technically this would require a BZA variance with the Town Council being the last appeal process.  This may be something Connie would need to discuss with the Darla

·        Definition of domesticated animals is too broad - Proposed Definition: 

Domesticated Animal - A domestic animal is one which has been selectively bred in captivity and thereby modified from its ancestors for use by humans who control the animals breeding and food supply.

·        After review Monroe County Code we might want to break it down to domestic livestock and domestic pets.


Domesticated Pets (Monroe County Code definitions)


Domestic Pet- means any animal that is a member of one (1) of the following species and is kept for pleasure rather than utility:  cat, chinchilla, cockatiels, dog, ferret, gerbil, guinea pig, hamster, mouse, parakeets, rat, and reptile.


Rabbits are not listed as a domesticated pet in the Monroe County Code.


Proposed Definitions:


Domesticated Animals - A domestic animal is one which has been selectively bred in captivity and thereby modified from its ancestors for use by humans who control the animals breeding and food supply.


Domesticated Animals - any of various animals that have been tamed and made fit for a human environment.


Submitted by Town Council member:  Livestock - Livestock is defined as those animals which are kept for or were originally bred for the purpose of being food or producing food products intended for human consumption or who are kept or bred for the purpose of transportation.


Proposed Livestock Definition: (our definitions varied by the underlined section)


Livestock - Domesticated farm animals, such as those animals which are kept for or were originally bred for the purpose of being food or producing food products intended for human consumption or which are kept or bred for the purpose of transportation, including but not limited to buffalo, oxen, horses, donkeys, mules, cattle, ostrich, goat, swine, sheep, turkeys, and poultry.

Monroe County Animal Code- Domestic Livestock


Domestic Livestock means any animal, other than a domestic pet, that is kept for commercial purposes or is a member of (1) of the following species and rabbit is listed there.  Rabbits are listed here.


The fowl definition should contain other bird varieties.  The fowl definition has changed to cover smaller bird varieties.  Statement added by Ms. Brown:  The term "fowl" is not intended to include the smaller variety of birds such as parrots, parakeets, macaws, or cockatoos.


One other concern was the Ordinance as prepared is too restrictive.  If it is not restrictive then domesticated livestock has to be well defined so we don’t discriminate against one form of domestic livestock as compared to another.  Agricultural zoning is expected to be used for those purposes, commercial and residential have others.


The current Town Codes lists AGRICULTURAL USE (1) the use of land for: (a) the production, keeping, pasturing, confined feeding or breeding of livestock; as well as other listings. The Ellettsville BZA upheld the determination that a goat is a livestock animal and was not allowed in a commercial zone in 2008.  The Board of Zoning Appeals actually separates the zones for what types of uses and the animals there.  When reviewing those things and looking at additional code they looked at lot size, application permitting and fees.  It would also throw in another layer of code enforcement.  Currently the Marshal is responsible for enforcing the animal code and Connie is not opting to do this code because there are a lot of different considerations such as training and educations.  The negative side of animals is their abandonment, when they die, disease, noise, housing slaughtering, cruelty and those breeding to sell as a home occupation.  These are all things that need to be considered when preparing this code so she doesn’t think this it is ready yet.  We continue to bring up more questions as we go.  There are currently 3 complaints about chickens.  There are some rabbits in one area.  These are some of the reason we are revising this code.  Connie doesn’t think this is ready quite yet.  Phillip Smith agreed.  Connie suggested taking it back to the Planning Commission from a zoning perspective.  Technically it should be revised by the department that is responsible for enforcement and that is the Police Department.  When we were looking at it at the Plan Commission level it was one of those things that we had not thought about it not being in chapter 152, The Planning chapter.  This is something the Council may prefer the Planning Department back away from.  Scott Oldham stated he would not be in favor of putting this on the Police Department to deal with.  He would prefer planning deal with it.  She just wanted to make sure she didn’t step on anyone toes.  David Drake added now you know why this hasn’t been dealt with in such a long time.


Darla suggested a motion to send this back to the Plan Commission for consideration.  Scott Oldham so moved.  Dan Swafford seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Ordinance 10-13 to add a new section to Chapter 93 to the Ellettsville Town Code concerning Leaf, Tree and Brush Removal


Jim Ragle, Street Commissioner stated the Brush ordinance was tabled at the last meeting.  We have redone some of it.  Dan Swafford asked for the major changes they had made.  Jim replied they had changed severe storm damage will be picked up within 30 days rather than 2 weeks and there will be no Christmas tree pick up.  Monroe County Solid Waste offers Christmas tree disposal at the drop off site.  They kept the length of 4 foot so one man can load the bundle.  Dianna Bastin asked if, residents who hire a commercial service for tree removal or trimming should make sure the contractor hauls away all tree trimmings and debris, was in there last time.  Jim replied yes.  Jim added it would not start immediately.  They would make sure it was well advertised and publicized before it was started.  It is getting close to fall and they will stop doing it anyway.  They would like to get it started by spring of 2011.  Ed Bitner requested a copy.  Connie replied it was published in the Journal, the changes are minor and she would send him a copy.  Dianna Bastin said there had been 2 severe storms since she had been on Council.  It was not addressed.   They added it so people wouldn’t think if the storm was 3 days before the pickup they would have to get it all to the curb and it would have to be in the 4 foot bundles.   Phillip Smith questioned again when it would start.  Jim said leaf pick up started in October and they would stop picking up brush.  Scott Oldham said technically is it not 7 days or two weeks after it is passed?  Darla answered it has to be published and it would be effective 3 days after it is published.  It was decided to publish it in both the Journal and the Herald Times.   Someone from the audience asked if the ordinances were on line.  It was explained the individual ordinances are not on line but the code of ordinances is available on the Town web site.  Once a year the ordinances are codified into Town Code.  Copies are available at the Clerk-Treasurer’s Office.


It was clarified this was the first reading of this ordinance in its current form so no vote was taken.


Ordinance 10-15 to amend the Zone Maps for the area known as Chapel Hill Wilderness, LLC, 7649 West State Road 47 from A-1 to I-1


Connie Griffin, Planning Director explained this was a multiple phase project by Smithville.  She displayed a map of the location.  It is on the West side of Ellettsville past Red Hill Road.  Ten acres was broken off of 244.69 acres.  It is currently zoned A-1 for Agricultural – 1.  When the warehouse was discussed the Industrial – 1 zoning seems to be more appropriate.  At the August 5, 2010 Plan Commission meeting it received a favorable recommendation.  This is the first reading for Town Council but actually the first reading was at the Plan Commission level so the Council would vote on the rezone this evening.  The development review is scheduled on September 2, 2010 with the Plan Commission.  It has already been discussed that the Board of Zoning Appeals will have to review the request for a variance on the gravel road and septic system.  All the protocol has been met, the petitions signed, fees collected, notification of adjacent property owners, Plan Commission and supervisors review and public hearing notices have been published.  The proposed usage for the 10 acres is for a warehouse, office building, truck garage, truck shed, trailer shed, equipment storage yard, driveways, parking lots, and septic field area for Smithville Telephone.  She has the site plan and project map available if the Council would like to look at them.  Kevin Potter, Civil Engineer representing the project is here to answer any questions.   Phillip clarified this was just for the rezoning and David Drake asked it is just for the 10 acres.  Connie answered yes to both questions adding the subdivision was done at the Plan Commission level.


Phillip Smith asked for a motion to accept Ordinance 10-15.  David Drake made a motion to adopt Ordinance 10-15.  Dan Swafford seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Old Business


The Roads in Autumn Ridge


Phillip Smith stated it was decided at the last Council meeting that the road was to be started by this meeting.  Dan Swafford and Jim Ragle went through the area before the meeting and there was a paver sitting in the cul-de-sac.  Brue Frye said the time is running out and questioned what the Town is going to do next.  Dan asked Darla how long we had on the letter of credit.  She replied until the 15th of September.  The next meeting will be September 13th which is too close to the expiation date.  Scott Oldham said under the tick of the wire they have placed a piece of equipment up there rather than doing something in the last 2 weeks.  It seems again, until something is eminent on the way side, there is nothing that gets done up there.  This has been over the last two years every time we have threatened to do something at the very last minute something happens.  Phillip asked Darla if we sent him a letter.  She replied yes.  Dianna said we gave him our word that if he didn’t do something like pavement by today we gave him our word we would react strongly.  She thinks we should keep our word.  David Drake paraphrased an e-mail from Darla that our carrot was a lot bigger than our stick.  As long as we are getting some action until the letter of credit expires we should not take that drastic of a step.  At this point in time it was not prudent for us to seize that.   David requested verification from Darla that was what she said.  Darla replied that wasn’t really the subject.  She was addressing some other aspect of his e-mail.  It wasn’t the letter of credit.  David said so it was more on getting the other aspects done. I guess it really depends on weather we desire to get the sidewalks and the trees.  Dan asked if there had been an attempt to extend the letter of credit.  Darla said all she had was the e-mail from Mr. Laurer that she had circulated to the Council.  Dan asked how long was needed before the letter is signed.  David wanted everyone to understand that if we draw down the letter of credit and do the work ourselves there will not be enough to do the sidewalks and trees.  Scott Oldham interjected if we don’t do it now we stand to loose all of it and then would be responsible for the rest.   Dan asked if we could do a motion that if we do not have an extension we could seize the letter of credit.  Bruce Frye commented he didn’t see any benefit in extending the letter of credit.  Dan replied we still need the letter of credit extended in order to cover the sidewalks and trees.  Dianna said the important thing is that this will be the last meeting we discuss this.  David Drake asked are we better off to take all the money now, Darla said she doesn’t think it is a legal issue as much as policy.  Legally you can seize it now or wait and seize it later.


The Council stated the following concerns:


  • Does it obligate the Town to put in the sidewalks and trees even if it is beyond the letter of credit?
  • If the town seizes the letter of credit that is it.  There is no more.  He will not open up another letter of credit.
  • The Town won’t know the amount needed for the improvements until after the letter of credit expires.
  • More practical to seize the entire letter of credit. 


Darla Brown explained the whole purpose of having him post the letter of credit was to finish out the public improvements.  The amount that is there is the amount that is there and if the Town were to seize that money they could use if for the roads, landscaping and sidewalks.  The town, as far as she knows, is not obligated to spend beyond that for the public improvements.    David – we won’t know how much to take until after the letter of credit expires.


The way the letter of credit is drafted we could seize a portion.  Dan is more in favor on giving him until September 1 to pave.


David Drake made a motion that if the paving is not completed in Autumn Ridge by September 1st that we authorize our attorney to take the necessary steps to call or seize the letter of credit in the full amount.  Scott Oldham added an amendment that he has to have a new letter of credit in place by September 1st along with the paving or we authorize we take the whole amount.  Dan Swafford seconded. 


Dan asked for the motion to be repeated for verification.


Darla repeated the motion is if the paving is not completed by September 1st and Mr. Lauer or Mr. Walls do not have a new letter of credit in place by September 1st the Council is authorizing her to take what ever steps are necessary to seize the proceeds of the current letter of credit.    That is the motion.  It is 2 steps that you want Mr. Walls to complete by September 1st.   Phillip added that would be by the end of the business day September 1st. 


Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Inter-local Agreement between the Town of Ellettsville and the Monroe County Solid Waste Management District


Scott Morgan, Operations Manager with the Solid Waste District introduced himself and explained the inter-local agreement that will allow the Monroe County Solid Waste District to continue the use of the property on Matthews Drive for our recycling and solid waste station.  This inter-local agreement is for 5 years with automatic renewals in 5 year terms.  Ms. Brown had a requirement placed in the agreement that we add the Town of Ellettsville as an insured on our liability insurance policy.  We have done that.  It would also be at no cost to the Solid Waste District for the use of this property as long as it is used for its intended purpose.    Phillip added this is the best maintained site in the County.


Dianna Bastin made a motion to accept the Inter-local agreement between the Town of Ellettsville and the Monroe County Solid Waste Management District.  Scott Oldham seconded.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Purchase of engineering services for the valuation study and sanitary sewer evaluation of Northern Richland Sewer Corporation


Darla Brown, Town Attorney, stated as you are aware we solicited bids for services to perform an evaluation study and sanitary sewer valuation of Northern Richland Sewer Corporation.  We received back two bids, one from Robert Curry and Associates and one from GRW Engineers Incorporated.  The proposals are similar.  The purpose is to look at the condition of Northern Richland Sewer Corporation, come to a value if we can from an engineering perspective as to what that is worth.  We already have the accounting perspective.  The fair market value is determined by the CPA the Town chose.  The other purpose of coming to the fair market value from an engineering perspective is to identify the condition of the pipes and the mains.   It needs to be done if the Town acquires Northern Richland either by purchase or condemnation or if the Town wants to give serious consideration to either one of those two proposals the Town needs to know what it is getting, what condition Northern Richland is in and what it is going to cost to fix or rehabilitate it.  Likewise, there is a contract the Town has in place with Northern Richland for the treatment of sewage and maintenance of the sewage system.  The 1971 contract which has carried through to the current, states that the Town is permitted to inspect the lines and systems in Northern Richland and repair them if Northern Richland doesn’t and send them a bill.  So if the Town wants to enforce that section of the contract again the Town needs to know the condition of Northern Richland’s mains and lines.  She thinks this need to be done.  Both Robert Curry and Associates and GRW Engineering are well qualified.  She doesn’t have an opinion as to whether one proposal is better than the other.  Maybe the Town Engineer would have an opinion.  If the Council agrees there needs to be two motions.  First motion would be that the Town will conduct a valuation study and sanitary sewer valuation in Northern Richland Sewer System.  The second motion to retain one of the organizations mentioned above to conduct the study and valuation.


Darla Brown advised the bid amounts are as follows:

·        Robert Curry:  

Part 1:    Flow data review and analysis                                     $   1,140

                     Part 2:       Valuation study to estimate fair market value                $   9,870

Part 3:    Field reconnaissance and condition of sanitary sewers  $   3,510

Total Bid                                                                                  $ 14,520         

·        GRW Engineering:

Part 1:    Initial review of maintenance records, flow metering     $  4,000

Part 2:    Complete sanitary sewer valuation                                           $  5,000

              Total Bid                                                                                $  9,000


Rick Coppock stated he had examined both of the bids and noted both were similar without having a well defined scope of work.  Mr. Coppock further noted the Town has worked with both firms before and they are well qualified to do the work.  Part of the work will be with the Town crews doing some televising and actual cleaning of the system to evaluate the existing condition of some of the lines. 


Scott Oldham made a motion to conduct a valuation study and sanitary sewer valuation of the Northern Richland Sewer System.  Dianna S. Bastin seconded the motion.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Ed Bitner asked what the purpose of the work on the Northern Richland Sewer System as he thought Northern and Eastern merged.  Phillip Smith advised they had not actually merged but only announced their intent to do so.  Mr. Bitner then asked if the Town was trying to purchase the Northern Richland Sewer Corporation before the merger is complete.  Dan Swafford stated the Town is looking at the feasibility of purchasing the Northern Richland Sewer Corporation, determining the problems of the system and under the current contract requesting those problems be repaired. 


Larry Barker, President of the Eastern Richland Sewer Corporation, advised they are doing something similar to the Town except they are doing a mapping of the entire system and have it on a GIS plotter.  This identifies the exact size of the lining, every manhole and every trunk line coming into it.  In addition to this process, they are also televising it to determine where the infrastructure problems are with the line in order to start working on it when the merger has been completed.  They have solicited bids but have not yet hired a firm to do this work.  Mr. Barker further stated no matter who does the work, the bottom line is to save their plant.  Eastern Richland Sewer Corporation applauds all efforts of the Town working with them and Northern trying to resolve the problem.  While Eastern Richland Sewer Corporation has no problem participating in an independent study and sharing the data with the Town, their main concern is to have it mapped by GIS and televising so there is a record.  Their next board meeting is September 20, 2010, but will call a special meeting to discuss whether or not to share in the cost of the studies with the Town.  He will notify the Town of the Board’s decision by the September 13, 2010, meeting.  It is too dry at this time to determine the location of infiltration when doing televising until it rains.  This will enable the locations that need repair to be identified.


Rick advised there are four or five manholes that have been identified but have not been mapped. The first part of the GRW proposal is not involved in the flow monitoring.  Efforts could be coordinated with Eastern to work on the flow monitoring.  Certain aspects of the plan will be proprietary to both Eastern and the Town and perhaps the costs could be divided on the other part, especially the flow monitoring.  Rick further advised the Town could get started on Part 1 of GRW’s bid.


David Drake made a motion to retain GRW for the initial review for the bid of $4,000.  The motion was seconded by Scott Oldham. Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Supervisor Comments


Mike Farmer, Ellettsville Utilities:  Due to circumstances in their billing office they anticipate having an opening by the morning of August 25, 2010.  Someone will need to be hired as soon as possible because they are understaffed.  Shawn Meadows is a part time person filling in for someone on medical leave and they would like to offer her the position. 


Dan Swafford requested clarification that the position Ms. Meadows is in now is the same as the full time position that will be offered to her.  Dianna Bastin made a motion to offer Shawn Meadows the position that will come open on August 25, 2010, in the utilities office.  David Drake seconded the motion.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Mike Farmer suggested it may be helpful to have a meeting to coordinate with Larry Barker and other board members of Eastern prior to the next Town Council meeting.


Tony Bowlen, Town Marshal, made a request to purchase a new squad car for the low bid price of $24,157 for a new Dodge Charger with a five year/75,000 mile bumper to bumper warranty from Fletcher Dodge.  The Police Department has the money in their cumulative capital development budget.  They have a 2001 Crown Victoria with a bad transmission that will be surplused.  Darla Brown reminded the Council that pursuant to the Town Code, small purchases under $25,000 can be made as long as the Council is informed and without the Council’s vote.


David Drake made a motion to approve the purchase of the new Dodge car for $24,157.  The motion was seconded by Scott Oldham.  .  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Marshal Bowlen advised that effective August 31, 2010, he has an officer retiring.  He is seeking permission from the Council to elevate a part time officer, Mark Freeman, to full time.  His start date with Ellettsville will be October 1, 2010.  This position will not be advertised because Officer Freeman is already employed part time with the Town and it is an internal promotion.  Officer Freeman’s pay rate will be $35,000 plus any certification pay until the 2012 budget year.  He has 17 years experience has a police officer and has attended the academy.  Scott Oldham made a motion to hire Mark Freeman as a full time Deputy Town Marshal beginning October 1, 2010, at a pay rate of $35,000 a year.  The motion was seconded by David Drake.  Roll Call Vote:  Phillip Smith – yes; Scott Oldham – yes; Dianna Bastin – yes; David Drake – yes; Dan Swafford – yes.  Motion carried 5-0.


Connie Griffin, Planning Director, stated she had five items to discuss:


1.                  The storm water audit is scheduled for September.  Therefore, some of her hours will be changed to prepare for the audit.


2.                  Alan Fluke with the Street Department suggested an informational tri-fold brochure of information consisting of Town telephone numbers and certain ordinances to give to real estate agents for people coming into Town.  Connie will work on the brochure. 


3.                  Seven properties have been identified for potential annexation.  These properties are located east toward Smith Pike and receive the Town’s services.  She will discuss the list in the near future after she obtains property information.


4.                  Doug Norton of Area 10 has approached the Planning Department with the idea of partnering with the Town to bring in two bus shelters.  One would be across from Town Hall in the parking lot and the parking lot behind the Sale Street and Temperance gas station.  Area 10 has an increase of 21% in their bus transit system. 


5.                  Carrie Fercik will be addressing some parking concerns after the supervisor’s comments.


Scott Oldham inquired about an email regarding a property on 409 Vine Street.  Ms. Griffin advised this is a burned out home owned by Laughlin and has been brought back into Monroe Bank ownership.  Monroe Bank has contacted the Town to find out if they’re interested in purchasing the property for $5,000.  It is unknown at this time if there are any hazardous materials on the property or something else that may be costly.  Mr. Oldham asked Ms. Griffin if she would investigate the property and ask Mr. Ragle what the cost would be to demolish the structure.  Mr. Oldham requested the home at 409 Vine Street be placed on the agenda for the September 13, 2010 meeting.


Privilege of the Floor


Doug Norton is a transit manager with Rural Transit, an agency that operates under the Area 10 Agency on Aging.  Rural Transit operates in Owen, Putnam, Lawrence and Monroe County.  Area 10 has 87 employees and Rural Transit has 51 employees and a fleet of 56 vehicles.  As of June 30, 2010, Rural Transit has made 108,000 trips and estimates a total of 215,000 to 220,000 trips by the end of the year.   This total has increased by 22% since last year.  Rural Transit is not just for the elderly, they transport people to work, the doctor’s office, the hospital and Ivy Tech.  With the economy the way it is, transportation will be a major issue in the years to come.   Rural Transit is trying to improve.  They are a non profit agency funded by the federal government and the State of Indiana.  Trips cost $7.50 per ride and they are reimbursed for each trip approximately $5.  To make up the difference, Rural Transit collects

$.75 per trip.  When the State of Indiana widened the highway through Town, the bus stops were removed.  Rural Transit has one shelter ready for placement.  They are looking at placing three shelters throughout Ellettsville.  The shelters can also serve as a billboard to let people know a bus is available and they will have some place to wait for the bus that is dry.  Mr. Norton will get with Connie Griffin regarding the best location for the shelters.  The shelters will hold five to fifty people.  Most shelters are 10’ by 3’ to 4’ deep and have a seat.  Costs for the shelters range from $2,000 to $25,000.  The shelter is ready to be placed at Sale and Main is approximately $5,500.  Mr. Norton will provide additional information regarding the shelters.  As a reminder, the Endwright Center will be starting their 25th annual senior games on September 7, 2010.


Carrie Fercik, a homeowner in the Meadowlands, which has several signs that state no parking.  Neighbors told her to park on the sidewalk and she would be fine.  A visitor parked on the sidewalk because her garage and driveway were full.  The visitor received a ticket for being parked on the sidewalk.  There are insufficient places for visitors to park due to the steepness of her driveway.  The officer that issued the ticket explained it is against the law to park on the grass and sidewalk.  Ms. Fercik said she was told that if she has a party she can call the police and let them know or obtain a parking allowance by calling every eight hours.  Her street is three cars wide and Ms. Fercik suggested that parking could be on one side of the street.  David Drake noted when he moved to Ellettsville he was surprised to find no parking on the streets because he had always lived where there was parking.  Connie Griffin noted homeowners can park on the grass but if it causes erosion issues, a letter will be sent to them and they will have to repair the area or be fined for it.  Ms. Fercik inquired as to whether or not parking allowances are granted.  Marshal Tony Bowlen stated they never turn anyone down and homeowners can’t block sidewalks or park on both sides of the street.  Dan Swafford advised Ms. Fercik can also apply for a driveway permit to expand her driveway but she will need to check on restrictive covenants before applying.  Dianna Bastin noted the streets must be able to accommodate emergency equipment and that’s why there is no parking allowed.


Scott Morgan, Operations Director with the Solid Waste District, wanted to let everyone know that their Bulky Item Days are scheduled for Friday and Saturday, October 8 – 9, 2010.  It will be the same setup as the last three to four years at the Monroe County Fair Grounds.  The hours will be 8:00 a.m. to 4:00 p.m.


Ed Bitner commended the police for assisting him recently when his truck broke down.  Ed also expressed displeasure concerning what he called slanderous campaigning.


Dan Swafford confirmed Darla Brown would send a letter to the Autumn Ridge Developer regarding the letter of credit.




Dan Swafford made a motion to adjourn.  Dianna Bastin seconded.  Motion carried.  Phillip Smith adjourned the meeting at 9:44 p.m.