December 14, 2009



The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, December 14, 2009, at the Fire Department Training and Conference Room.  Dianna Bastin called the meeting to order at 7:30 p.m. with the Pledge of Allegiance.  Phillip Smith led in prayer. 


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


Supervisors Present:  Jim Davis, Jim Ragle, Tony Bowlen, Mike Farmer, Rick Coppock, and Connie Griffin were present.  Jeff Farmer was absent.


Approval of Minutes


Dianna Bastin entertained a motion for the approval of the minutes for the Regular Meeting November 23, 2009.   David Drake so moved.   Phillip Smith seconded.  Motion carried.


Accounts Payable Vouchers


Dianna Bastin entertained a motion for action to pay Accounts Payable Vouchers.  Phillip

Smith so moved.  Scott Oldham seconded.  Motion carried.




Resolution 22-09 Transfer of Funds

Sandra Hash reported the first fund transfer request is within the Rainey Day Fund which was not used as anticipated last year.  The request is to move $17,929.00 from Wages to Miscellaneous Professional to pay the three agreements signed for the I-69 grant.  These must be paid up-front and then reimbursed.  The Rainey Day Fund is the only appropriations available.  Sandra Hash will get a purchase order and carry this over until next year to pay those agreements and when these are reimbursed, they will go back into the Rainey Day Fund.  The second funds transfer request is within the Motor Vehicle Highway Fund.  There is a shortage in Health Insurance and the request is to move $3,515.54 from Gasoline and Oil.  David Drake asked how much this would leave in Gas and Oil and Sandra Hash responded that gas was going to be paid from Storm Water.  There is a $5,000 appropriation that hasn’t been spent this year in Storm Water.  There was about $5,000 in this fuel line in Motor Vehicle Highway.  David Drake made a motion that we adopt Resolution 22-09.  Dan Swafford seconded.


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


Ordinances on First Reading


Ordinance 09-23 fixing of the Salaries for Budget Year 2010


Dianna Bastin announced these salaries were agreed on during the budget meetings.  And, except for the names for longevity pay for 2010, nothing has changed.  She congratulated these people.  Sandra Hash stated there was one reduction under Director of Planning Services.  Dianna Bastin went on to say that the pay was adjusted in that department.  Sandra Hash remarked there was a slight difference in pay in Police and Fire due to the 27th pay last year.


New Business


Community Development Report


Dianna Bastin commented that the Chamber of Commerce sponsored the Office of Community and Rural Affairs to come and Matthew Crouch, the facilitator of the report from the State is present.


Matthew Crouch, with the Office of Community and Rural Affairs spoke regarding the results of the modified SWAT analysis gathered at the November 3, 2009 meeting with Town citizens.  This meeting was at the invitation of Town Council and the Chamber of Commerce.  Mr. Crouch provided copies of the final report for anyone who wanted them.  A copy is in the Clerk-Treasurer’s office.  The report lists the accomplishments of the town over the last three years, its strengths, its weaknesses, its threats, and a list of opportunities for Ellettsville.  Mr. Crouch read from the Opportunities list on page 8, from 1 through 15.  These suggestions were placed on the board at the meeting November 3rd and everyone in attendance was permitted three votes.  Mr. Crouch commented that, in his estimation, the attendance for this meeting was very good.  He reported that the following week, there was another SWAT meeting in the town of Seymour, which is much larger than Ellettsville, and the attendance was about the same – which was about 30-40 people.  This shows good interest from the Town of Ellettsville.  He said this was a good first step toward some of these potential opportunities.  There is plenty of work that needs to be done after this in order to make Ellettsville a better place.  It’s a first step in improving the great town and community that we have here in Ellettsville.  Dianna Bastin reminded Mr. Crouch of the meeting between her and him and the Chamber of Commerce to go over the results of this report and asked him to share with the whole Council the three categories he had presented at that meeting.  Mr. Crouch replied when reviewing the report he saw four different trends that are more attributes or essential components that everyone in attendance said they think are necessary or are what the town should look at and focus on.  The first one was economic development for the town, then quality of life, public services and finally educational opportunities.  Most of those things on the opportunities list can be placed in one of those four categories.  Some are not easily measured, but are broad goals that different objectives can be met to accomplish that broad goal.  Dianna Bastin reported in meeting with Mr. Crouch and the Chamber of Commerce funding opportunities were discussed and there are opportunities out there for the town to fund these suggestions.  She asked Mr. Crouch to inform the Council regarding these opportunities.  Mr. Crouch remarked that his office is responsible for administering the Community Development Block Grant which is federal funds passed through their office for non-entitlement communities.  So the smaller communities are able to apply for that money.  One of the programs under that Community Development Block Grant is the Micro-enterprises Systems Program.  The program is designed to focus on the economic development at a micro level – that being defined as five or less including the owner of the business.  What these funds can be used to do is to focus on low to moderate income individuals.  In that case, business owners or potential business owners and the funds can be used in one of two ways.  One is for education of potential or current business owners on business practices or how to develop a business plan.  It can also be used for developing a revolving loan fund for people who are looking to start their own business.  A board would need to be created to oversee the program.  When the money comes back in, it then is the Town’s to do with as it sees fit.  There is no local match required and it can help to promote small businesses in the area.  If the Town is interested, Mr. Crouch is willing to set up a meeting to talk about it in more detail.  Dan Swafford commented that it was very interesting and he would love to see something like that happen.  He went on to say that small businesses are the backbone of the country and unfortunately they are dying out.  Dianna Bastin went on to say that two Chamber members, Diane Critchlow and Jeana Kapczynski, were present at the meeting with Mr. Crouch and both are willing to assist the Council or whomever in any way they could.  They had some great ideas and anyone who is serious about this could go through the steps to get a market plan to bring to the Council or the Board.  Anything brought to the Council would need to go through the Town’s attorney.  Mr. Crouch reiterated that he was willing to schedule something before the end of the year or the beginning of next year to discuss this program.  These funds are available with a maximum of $75,000.  Diane Critchlow came forward to state that the Community Development Committee was formed within the Chamber of Commerce to facilitate communication between the leaders of the community.  She went on to say that she could not represent the Chamber as a whole, but she could represent the Community Development Committee, of which she is the leader, and share the information with them.  Jeana Kapczynski, as president of Main Street, is a part of the committee.


Agreement between the Town of Ellettsville and Enviro-Seal Foam Insulation LLC


Dianna Bastin stated this was the agreement the Fire Chief presented for the repairs due to problems with the roof.


Jim Davis, Ellettsville Fire Chief summarized the information presented at the last Council meeting.  There is too much heat building up in the attic and they have battled it almost since day one.  It was constructed the way we asked it to be with the ductwork in the attic.  The ductwork is insulated and everything is within industry standards.  The reason for the ductwork in the attic is to give more space in the building.  Ice builds up along the edges of the roof.  As ice builds up, and freezes and thaws, the snow melts underneath and runs down to the edge and starts to re-freeze, freezing up the gutters and the ice starts to work its way back up the roof until it meets the heat.  Water starts to build and it starts raining inside the building.  Many remedies have been attempted with no good results.  After speaking with many people, the conclusion has been reached that insulating the roof deck might be the solution.  The proposal is to put spray foam insulation on the roof deck underside.  Dan Swafford asked was the foam encapsulated and Jim Davis responded that it was part of the foam as opposed to another company which would have to come back and add it afterwards.  Dan Swafford asked what the life expectancy was of the product.  Jim Davis answered that he did not know of one in the contract, but that he was informed he should notify the company as soon as possible if and when a leak is noticed and the company would return and repair the leak.  Dan Swafford asked if there was a warranty with the work.  Darla Brown answered there was no time limit mentioned for a warranty and the original contract had no warranty information in it and she asked the company to put in a paragraph. They have agreed to do so, saying “The contractor expressly warrants and promises that the goods, materials, and services provided pursuant to this contract are consistent with the highest commercial standards in the relevant trade or profession in which it is engaged, and the contractor therefore expressly warrants and promises that all the goods, materials, and/or services provided are fit for the particular purposes used by the contractor.”  Dan Swafford asked Darla Brown if she could go to the company and put a time period of a year in which they could warranty their work.  Darla Brown agreed she could certainly do that, but that they also state in the contract that the material is warranted by the manufacturer and the Town would have to look toward the manufacturer for a material problem, but that she could ask the company to add a time period of one year for warranty of workmanship.  Dianna Bastin asked if there was a motion to table this until the next meeting.  Dan Swafford made a motion to table this until next meeting after our attorney checks with the warranty period.


Discussion prior to second

Dan Swafford asked if the delay would cause any hardships and Jim Davis responded that it depended on whether it snows or not.  Scott Oldham asked Dan Swafford if he would be amenable to this contract if voted on tonight contingent upon the company giving a year’s warranty.  Dan Swafford answered in the affirmative if Council is able to do it that way.  Darla Brown answered that it could.  Dianna Bastin commented that the installation would only take 2-4 days.  David Drake suggested finding out what the manufacturer’s warranty is as well.  Dianna Bastin also noted that the contract stated that the Fire Station would store the company’s materials from weather and she asked Jim Davis if he had space to do that.  He answered in the affirmative.  Dianna Bastin asked if there was a second to Dan Swafford’s amended motion to table the vote until next meeting.  Dan Swafford reiterated that he felt the vote should be tabled until the manufacturer’s warranty and the labor warranty could be checked into and he would like to see the motion to table stand until next meeting.  He would hate to jump into the contract not knowing how long the materials or labor is warranted.  David Drake noted that the contract states that the manufacturer’s warranty is Exhibit A.  Dianna Bastin asked Jim Davis if he had an Exhibit A in his paperwork and he answered in the negative.  Dianna Bastin asked for a second to the motion.  No second.  The motion dies for lack of a second.  Dianna Bastin asked if there was another motion.  David Drake states that he doesn’t think the contractor will give a warranty other than the manufacturer’s warranty.  Scott Oldham remarked that what Darla Brown has added to the contract constitutes a warranty.  Dianna Bastin asked if the foam didn’t work, would it not be noted with the first snowfall.  Jim Davis replied that he was not sure of that; the purpose of the foam is not to prevent water from coming into the building, but is strictly for insulation.  The company has said that if a leak develops, they will come back and repair the insulation in that area.  Jim Davis also said that once the signed contract is returned to the contractor, it will still be a month before installation.  Dan Swafford discussed the concerns with not getting a warranty on the work performed and asked when the problem began.  Jim Davis noted that the problems were evident the first winter.  Dianna Bastin reiterated that the issue was evident within 30-40 days of moving into the building.  Dan Swafford asked if the builder was consulted.  Jim Davis replied that the builder, the architect, the heating people, and everyone involved were asked to come back out to look at the situation numerous times.  He updated Dan Swafford regarding the temperature readings they took and the unscientific experimentation with insulation.  Dianna Bastin informed Dan Swafford of the last meeting discussion with pictures and temperature gauges provided by Jim Davis.  David Drake expressed his concern that a company such as this is not going to warranty that the roof isn’t going to leak when they didn’t build the roof.  Dianna Bastin stated that Enviro-Seal Foam Insulation LLC has a reputation and this is a $2 million building that we need to take care of and if this will help take care of it, then that’s exactly what we need to look at.  Jim Davis stated that he had no problem with them passing the agreement tentative to the warranty information.  Dianna Bastin asked if there was a motion.  Scott Oldham made a motion that we would approve this contract contingent on the delivery of a warranty which is satisfactory to Council.  David Drake seconded the motion.


Discussion prior to vote

David Drake asked if, legally, there would have to be another meeting to actually approve the contract with the warranty information provided.  Darla Brown stated that she would prefer to talk to the vendor first to get the warranty issue settled.  She would hate to see the Council approve a contract without knowing fully what that contract entailed.  Scott Oldham asked would item #11 of the contract not allow the contract to proceed until the point of execution with just the fact that we put a contingency on this contract for them to either negate it on their own by not providing it to us or for us to negate it at a later date even though its already an approved contract given the fact that the contingency is put in place there.  Darla Brown answered that she did not read it that way.  She said she did not have a problem with placing a contingency on it.  It’s just that right now, we don’t know what that contingency is going to be.  If Council wanted to place a specific time-frame in that contingency, then she would prefer that.  Scott Oldham amended his motion as approval contingent on the delivery of at least a one year guarantee by the contractor.  Dan Swafford seconded.


Public comment prior to vote

Jeana Kapczynski commented that she went to Minnesota all the time and she sees the use of heat tape because ice build-up is a problem up there and she was wondering if that had been looked at, not just on the downspouts, but all along the edge.  Dianna Bastin answered that it had been looked into and discussed at the last meeting and it was not going to work.


Russ Ryle of Reeves Road asked the Council what we were asking the contractor to warrant – if the material is applied correctly or if the roof leaks.  Darla Brown answered that we are asking him to warrant his work.  Mr. Ryle asked if his work is going to be judged on whether the roof leaks.  Darla Brown answered that it would depend on why the roof is leaking.  Mr. Ryle suggested the matter be tabled until all the facts are in.


Scott Oldham clarified that the vendor will warranty the application of the insulation, not that the roof wouldn’t leak.  Dan Swafford asked if anyone had asked the town engineer if he thought this would solve the problem.  Jim Davis answered that he had never had that discussion with the architect or the builder.


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


Payment of the Enviro-Seal Foam Insulation LLC Agreement from the Build Indiana Fund


Sandra Hash informed the Council that Darla Brown felt the Council should vote on this so everyone was aware it was going to be paid from the Build Indiana Fund.  Other options were considered.  Going to the bank for a loan or borrowing from another fund will not help because funds are available in the Cumulative Building and Equipment (CB&E) Fund to pay for the improvement but we lack the appropriations.  The Town can’t get an additional appropriation in the month of December or before the budget for 2010 is approved which could be as early as February or as late as June.  Money is available in the Build Indiana Fund and we can pay that money back from the CB&E Fund if you so choose at a later time.  Dianna Bastin asked Jim Davis if he thought the money would be paid back to the Build Indiana Fund and he replied that it was his intention to repay it out of the Cumulative Fund over an 18 month period so that it doesn’t hit the Fund too hard at once.  Dianna Bastin asked if paying back the Build Indiana Fund from the Cumulative Fund was feasible.  Sandra Hash answered in the affirmative.  Scott Oldham asked what risk is run by borrowing from the Build Indiana Fund rather than just borrowing from Utilities.  Sandra Hash explained that in order to borrow from other funds, the borrowing fund must be totally depleted and the CB&E Fund has cash available.  David Drake made a motion that we make the payment of the Enviro-Seal Foam Insulation agreement from the Build Indiana Fund.  Phillip Smith seconded. 


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


Annual agreement between the Town of Ellettsville and Komputrol for Annual Maintenance Agreement


Dianna Bastin asked for clarification on which agreement this was and Sandra Hash responded that there are several agreements with Komputrol.  The last one was for disaster recovery. This one is for the annual maintenance which allows us to get all the updates and call for software support.  David Drake made a motion to approve the annual agreement between the Town of Ellettsville and Komputrol for annual maintenance agreement.  Dan Swafford seconded.


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


Supervisor’s Comments


Mike Farmer, Ellettsville Utilities, informed the Council they were ready to move forward with auto draft for customers to pay their water and sewer bills.  They need 10-20 customer volunteers to run through a month or even two months to see if it works properly before opening it up to the general public.  He is appealing to the Council or any others who were in favor of the direct debit to come forward and volunteer for the process.  If anyone wants details before they sign up, please call Becky Wines at 876-2297.  Dan Swafford volunteered.  Sandra Hash added that a form is available at Town Hall for anyone to fill out.


Tony Bowlen, the part-time receptionist at the Police Station, Robin Roberts, has resigned.  He asked permission to advertise that position.  The position is 35 hours per week with pay currently at $10.30, but he would like to start the new person at $10 per hour.  Dianna Bastin asked how long it would take to fill the position and Tony Bowlen replied he would advertise for a couple of weeks, then begin interviewing and probably would be back before Council in January.  Applications can be picked up at the Police Station or Town Hall and then turned in at the Police Station.  Phillip Smith asked when she was leaving the position.  Tony Bowlen answered that she had already left.  Scott Oldham stated that the position was already a funded position.  Dianna Bastin advised Tony Bowlen to post the position.


Privilege of the Floor


Ed Bitner commended the Council for raising the franchise fee and not dropping Community Access Television Station (CATS).  Dianna Bastin informed Mr. Bitner that Council does not raise the franchise fee.  They pay 5% and Ellettsville is only receiving 3%.  They did not renew the contract with CATS.  Mr. Bitner replied that he had read the information in the Journal and may have misunderstood.  Dianna Bastin responded that Council had decided to look out for Town employees first.


Council Comments


Dianna Bastin thanked the Town employees for everything they did for the Ellettsville tree lighting.  She personally thanked Terri Bartlett for the photo book and disk of photos to be copied.  She thanked Ron Wayt for writing the program and taking care of the details by finding the local talent.  She also thanked Sam Baker for the idea and coming before Council which started the whole process.  Dianna Bastin thanked all the sponsors and the people who have come to her to ask if they can help.


Sandra Hash reminded the Council that the Town Christmas luncheon is Friday, December 18, 2009 from 11:30 a.m. until 1:30 p.m. at the Fire Station.



Dianna Bastin entertained a motion to adjourn.  Dan Swafford so moved. Scott Oldham seconded.  Motion carried.  Dianna Bastin adjourned the meeting at 8:37 p.m.