August 8, 2011





The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, August 8, 2011, at the Fire Department Training and Conference Room.  David Drake called the meeting to order at 7:00 p.m.  Scott Oldham led the Pledge of Allegiance followed by a prayer led by Phillip Smith. 


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


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


Approval of Minutes


David Drake entertained a motion for the approval of the minutes for the Regular Meeting on July 25, 2011, Executive Sessions on July 22, 2011 and July 25, 2011 and the Budget Meeting on July 27, 2011.  Dianna Bastin so moved.  Phillip Smith seconded.  Motion carried.


Accounts Payable Vouchers


David Drake entertained a motion for action to pay Accounts Payable Vouchers.  Scott Oldham so moved.   Dan Swafford seconded.  Motion carried.


Clerk-Treasurer’s Report


Sandra Hash, Clerk-Treasurer – Presented the Clerk-Treasurer’s Report for the month of July.


General Fund:


§         July revenue was $38,210.93.

§         July expenses were $136,193.71.

§         This leaves a balance of $472,300.10.


Motor Vehicle Highway:


§         July revenue was $10,449.18.

§         July expenses were $26,595.39.

§         Ending balance of $74,712.33.


Water Operating Account:


§         July revenue was $138,156.70.

§         July expenses were $126,786.79.

§         Ending balance of $206,061.31.


Sewer Operating Account:


§                                 July revenue was $162,833.63.

§                                 July expenses were $149,602.68.

§                                 Ending balance of $155,464.23.


Old Business


Agreement with Eastern Richland Sewer Corporation (“ERSC”)


Darla Brown, Town Attorney – This is an update.  Don Morton, Eastern’s Attorney, had sent a proposed agreement on or about July 25, 2011.  They took a look at it and sent back a counter on or about July 29, 2011.  That was rejected.  ERSC is now waiting on instructions.  She actually thinks they may be closer than what the Council might think based on some things that have happened.  They have the same conceptual idea of what this advisory board should look like and some other things.  She thinks the parties are having trouble expressing the minor things.  She doesn’t think they’re as far apart as it may look in the correspondence. 


Dan Swafford – Asked Darla Brown if she thinks mediation is the way to go or does she think they’re close enough they wouldn’t have to do that.  Ms. Brown replied she certainly thinks that’s not a bad idea.  A mediator could help the parties work out those little issues they seem to be having some problems correcting.  Sam Ardery has some time before the month of August is out.  If they’re interested, she can email the dates he’s available.  Mr. Swafford asked if she had spoken with Eastern’s attorney about mediation.  Ms. Brown responded the attorney suggested that might be a possibility.  He hasn’t gotten back to her with an affirmative absolute yes or no but he thought that it might be an idea.  Phillip Smith asked in mediation if everyone would just sit down and before they left the mediation an agreement would be written.  Ms. Brown said yes, she thinks that the mediator is very good at is sitting down and writing up the agreement right then and there.  Everybody would sign off on it.  Mr. Swafford asked if it would then be done and over with and they wouldn’t have to bring it back to the council.  Ms. Brown responded that it would still have to be voted on by the Town Council. 


Larry Barker, President of ERSC – Before they would be interested in mediation, he would have to take it before his board.  They meet next Monday, August 15, 2011.  He’ll probably need a little bit more detail as to what they’re looking at and the costs associated with mediation.  Ms. Brown will check on the mediator’s hourly rate and provide the information to Mr. Barker.


David Drake entertained a motion to instruct Darla Brown to set up mediation.  Dan Swafford so moved.  Phillip Smith seconded.  Roll Call Vote:  David Drake – yes; Scott Oldham – yes; Dianna Bastin –no; Dan Swafford – yes and Phillip Smith - yes.  Motion carried 4-1.


New Business


Mike Faulk, Retirement Specialist, Nationwide Retirement Solutions – Amendment to Ellettsville’s Plan document to offer Roth 457 (b) and modify the payroll process to uniquely identify Roth payroll contributions.


Mike Faulk, Nationwide Retirement Solutions – They have been the provider for the deferred compensation plan for the Town employees for several years.  Roth IRA has been around for a long time and they’ve been able to contribute on an after tax basis so that money can actually grow tax free for retirement.  It’s been seven or eight years ago, maybe not that long, that people could begin to be able to put Roth contributions into their employer sponsored 403(b) or 401(k) plan. Unfortunately, when Congress passed that several years ago they did not allow the 457 plan.  As a part of a bill last year, Congress did pass an act allowing government employees to include Roth IRAs in their 457 plan in September or October of last year. Currently, employees of the Town are able to actually contribute on a pre-tax basis to the 457 Plan.  A 457 Plan is really the equivalent of a 401(k).  It’s the government equivalent.  They can contribute pre-tax dollars up to $16,500 a year.  By adding the Roth option, they would actually contribute dollars on an after tax basis and allow that money to grow tax free for their retirement.  Some people will probably be interested in it, others would not.  It would be a good addition to the current plan to make that option available for employees.  As part of the same package, there will also be Transition Support Services.  This is something Nationwide is rolling out along with the Roth 457.  It allows them to help employees beyond retirement from the time they actually retire by trying to help them look at their retirement planning.  As an individual who has been doing employee sponsored plans over the last ten years, a lot of times he will get the question, “I’m getting close to retirement, is the best option to leave my money in my plan, roll it to an IRA, do something different” or “my wife just lost her job and she’s got a 401(k), what should I do with it.”  Under the current agreement with a retirement plan through Nationwide they don’t have the ability to just say, “we can help you with that” through another division of Nationwide. 


David Drake – Asked if there is any cost to the Town.  Mr. Faulk replied no, not at all.


David Drake entertained a motion to adopt the Roth 457(b) Amendment and to later modify the payroll process to identify Roth payroll contributions.  Scott Oldham so moved.  Dan Swafford seconded.  Roll Call Vote:  David Drake – yes; Scott Oldham – yes; Dianna Bastin – yes; Dan Swafford – yes and Phillip Smith - yes.  Motion carried 5-0.


David Drake entertained a motion to agree and accept the terms of the Additional Products and Services Plan Sponsor Authorization Agreement.  Dianna Bastin so moved.  Scott Oldham seconded.  Roll Call Vote:  David Drake – yes; Scott Oldham – yes; Dianna Bastin – yes; Dan Swafford – yes and Phillip Smith - yes.  Motion carried 5-0.


Ellettsville Boys and Girls Club request a street closure on October 2, 2011, for their second Quacker Classic Fund Raiser.


Tom Norris, Boys and Girls Club of Ellettsville – Last year was the first year of their duck race.   This was a successful event but after review they looked at what they could improve on and it was mainly safety.  They are requesting South Park Street be closed between Campbell’s Park Drive and Turtleback Creek Drive from 1:00 p.m. to 5:00 p.m.  Scott Oldham asked how they were going to close the street.  Mr. Norris  talked to Mike Farmer and he said he would be willing to help.  Dianna Bastin confirmed the road will be closed from the intersection of Campbell’s Park Drive on South Park Street to the intersection of Turtleback Creek Drive.  Mr. Norris replied that’s correct and all of the traffic would still be able to flow.


David Drake entertained a motion to allow South Park Street to be closed from in front of the Street Department to the intersection of Turtleback Creek from 1:00 to 5:00 p.m. on October 2, 2011.  Dianna Bastin so moved.  Scott Oldham seconded.  Motion carried.


Request for a Joint Ordinance with the City of Bloomington Common Council and Monroe County Board of County Commissioners to form a nonpartisan Youth Council to act as an advisory group to the policy makers, elected officials and government representatives to develop youth-centered educational and recreational programs and initiatives.  David Nosko, Director of Programs, Community Justice and Mediation Center and Matt Wysocki, Franklin Initiative, Bloomington Chamber of Commerce.


David Nosko, Director of Programs, Community Justice and Mediation Center –Introduced a draft of the joint resolution with the County Commissioners and City of Bloomington Common Council for establishing Monroe County Youth Council beginning in the fall.  It is still being worked out in terms of the attorneys from both the County and the City.  There may be a final copy available next month.


Darla Brown, Town Attorney – Stated she would like to see the final copy.  Mr. Nosko stated it shouldn’t be much different than the draft he provided.   It’s primarily focusing on the board of directors of the youth council, appointments and what that would look like.  They tried to be as general as possible to allow some flexibility since it’s not necessarily directly connected to government.  It’s a freestanding organization and they wanted to allow that flexibility as well.  What the Town will be asked for is approval of the appointment to the Youth Council.  Dirk Ackerman, Principal of Edgewood High School has been a champion in the development of this initiative.  He is someone the group would advocate for the Town Council to appoint.  Although, the Town Council is free to appoint whomever they would like.


Supervisor Comments


Connie Griffin, Director of Planning:


Provided notes to the Town Council for items to be discussed at their meeting on August 22, 2011.  On August 4, 2011, at the Plan Commission meeting, they started the four step process for a PUD review of Pip Jay Properties, Burch Enterprises, Roger New and Patricia New for the PUD creation.  Steps 1 and 2 have been completed.  They are now ready to proceed on the August 22, 2011 meeting and the Plan Commissioners, 5 – 1, recommended a non-favorable recommendation for the PUD approval.  In the notes, she provided criteria review of the comprehensive plan which is in accordance with Indiana Code 36-7-4-603.  They also have current code violations listed for the salvage yard case.  Also in the notes are updates to the process.   A directive was requested for Darla Brown to contact Mr. Carmin to let him know that the PUD case will be continued on to the August 22, 2011, Town Council meeting.  The PUD case will be on the agenda and advertised in accordance with the public information act and 48 hour hearing notice.  She has photographs for the salvage yard that goes back to 2010.  If Town Council would like to review them, they’ll be in the Planning Department.  Town Council was also provided with 1966 code, PUD basics from the Indiana Planning Commission and current Town code.


Dan Swafford - Asked Ms. Griffin to let Rick Coppock know that he would like to have a summary on the hydrology study to be presented at the August 22, 2011 meeting.  Mr. Swafford also requested Ms. Griffin check into the licensing of the salvage yard.  Ms. Griffin responded she has made some telephone calls and sent emails regarding the permit that was issued. 


Darla Brown, Town Attorney – Will contact Mike Carmin about the August 22, 2011 meeting. 


Planning Department Code Enforcement Updates:


Lenzy Hayes – Connie Griffin has been working with an Indiana State Department of Health Inspector.  Both of them are in agreement that they have exhausted all of their code issues and they are ready to proceed at a higher level. She is requesting that the Town Council issue a directive to Darla Brown, Town Attorney, to proceed and work with the Department of Health.  There are more photographs for the Town Council to review. 


Cedar Bluff Gardens – There are more enforcement issues that they observed on July 19, 2011, at an inspection.  There are a lot more photographs from that inspection in the Planning Office.


Other Enforcement Issues – Tall grass enforcement.  With the addition of the part-time code enforcement officer they no longer have to go from a complaint driven or selective enforcement.  They are doing a blanket enforcement on those as well as yard sale signs that are left on public property or in the right-of-way. 


Connie Griffin has submitted her resignation for the Parks Board.  It has been delivered to the Town Council President as well as the President of the Parks Board.


There is a CVS annexation letter for the Town Council members to sign.


Jim Davis, Fire Chief – Donya Medley sent the Town Council a letter requesting a correction on her deduction for PERF from May 4, 1999 to December 31, 1999.  Basically, Donya was hired part-time in 1996 and at that time, the Personnel Policy had no benefits whatsoever.  However, they did come up with an employee section that said “Limited Full time”.  Basically, for limited full time the employees were on a progression to be full time employees and that’s why they moved them from part-time to limited full time.  The only benefit they received other than the mandatory benefits were retirement.  To be limited full time they had to work at least 32 hours a week.  Donya worked for the Town in 1996 part-time until 1999.  When she started working on limited full time in 1999 she didn’t have the PERF taken out of her payroll for the first eight months of 1999 through December 31, 1999.  Donya was ultimately put on PERF in 2000.  She’s made a request of the Town Council to pay their portion of the PERF which would be $642.97.  Chief Davis took Donya’s documents to legal counsel to be reviewed. 


Darla Brown, Town Attorney – Thinks the way the policy was written at the time, yes, Donya is probably entitled to it.  The policy at the time said retirement benefits are to be on the first time day of the month following the completion of twelve months employment.  It doesn’t say full time or part-time.  She obviously worked for the Town four years as a part-time employee.  The intent was to make somebody wait a full year after working full time before the PERF benefits kicked in and they wouldn’t have kicked in on January 1st in any event.  They would have kicked in on May 4, 2000.  The way the policy was written she thinks Donya should have the PERF benefit. 


Dan Swafford – Asked if this affected any other employee.  Sandra Hash responded it did not affect any other employees. 


Sandra Hash – Donya has to save her portion for her contribution.  Chief Davis said he thinks Donya prefers the Town take it out of her payroll on a bi-weekly basis.  PERF certainly allows for that even on a voluntary contribution and all that is required, according to the manual, is a resolution by the Council to do so.  Ms. Hash stated she can do a payroll deduction and put it into a savings account or hold it within a deduction.  She would have to create another deduction to do it.  PERF is held out as a percentage and everybody is set at the same percentage. They’ll have to work out a way to collect the money.  She’s willing to work with Donya but she can’t do it as an extra PERF deduction in the payroll system.  Her suggestion was for Donya to do a payroll deduction into a savings account and when she gets that money saved up they’ll send both checks in together.  Dianna Bastin asked how do employees make their own contribution into the account.  Ms. Hash replied there’s a voluntary contribution that is set up on an individual plan but that, too, is zeroed out at the end of each quarter.  Scott Oldham asked if this could wait until next meeting to do this so Sandy and Donya can come to an agreeable solution rather than trying to work it out with someone who’s not here, because, we’ve not heard anything for 11 to 12 years.  Chief Davis concurred there was no urgency. 


Mike Farmer, Ellettsville Utilities – The Sale Street project is over.  They do have rough pavement right now.  The Street Department will be taking over.  They replaced a 4 inch tap on the main part of the original water system in Ellettsville.  This will improve water quality and increase water flows in the area.  The second portion of the project goes from Ritter to Thomas and they will wait until school is out.   That ought to improve the loop system to Louden Road tank that provides water flow back and forth from the tank to the Town.  The Louden Road water tank maintenance and rehabilitation project is over.  The tank is completed and it went really well.  It was built in 1987 and besides a couple of wash-outs and minor maintenance items it has never really had any kind of rehab done to it.  It’s has thousands of bolts that hold it together.  It’s a unique type of tank.  It’s steel, glass lined alloy that is suppose to last for many years without rehab and it has.  They look forward to being able to use the tank for decades.  It may need more maintenance in ten years but it is relatively low amount they had to pay for the rehab.  It is filling up during this meeting and in two days it will be back on line.


Dianna Bastin – Jim Ragle said at the Supervisor’s meeting he hoped to hear from the people doing the asphalt on Sale Street this date.  He did not hear from them.  He was hoping they would start on Thursday or Friday and now he is not ready to commit to that.  He is waiting on the call for those of you that thought they could come in right behind the Utilities Department, that’s not how it works.  The road will be bumpy and as soon as he hears from the company doing the paving they will start on it and it will be closed for one day.  That’s all it takes.


Eric Chaudion, Deputy Marshal – They got the Operation Pullover Grant for 2011/2012.  During the next year, they will be given $6,000 from the grant.  They will get with the Clerk-Treasurer in the next week or so to get that paperwork signed so they can get it submitted.


Council Comments


Dan Swafford – Thanked all of the departments for being outside and working in the heat.  He doesn’t know how they do it everyday. 


Phillip Smith – Thanked the Utilities and Street Departments for the Sale Street pipe relocation.  They did a great job. 


David Drake – Reminded everyone to pick up a flyer on the Quacker Classic on October 2, 2011, beginning at 2:00 p.m.  The Quacker Classic is a duck pluck for the Ellettsville Boys and Girls Club.  There will be live music, games for kids, face painting and family fun.  For more information go to their website at  


Privilege of the Floor




Dianna Bastin made a motion to adjourn.  Dan Swafford seconded.  Motion carried.  David Drake adjourned the meeting at 7:41 p.m.