December 26, 2007




The Ellettsville, Indiana, Town Council met in regular session on Wednesday, December 26, 2007, at the Fire Department Training and Conference Room.  Dan Swafford called the meeting to order at 7:30 p.m.  Phillip Rogers led the Pledge of Allegiance and Phill Smith led in prayer. 


Roll Call:  Members present were Dan Swafford, President; Dianna Bastin, Vice-President; Ted Robertson, Phillip Rogers and Phill Smith.  Sandra Hash, Clerk Treasurer; Mike Spencer, Attorney and Rick Coppock, Town Engineer were also present. 


Supervisors Present:    Jim Davis, Jim Ragle, Gary Darland, Mike Farmer, Jeff Farmer and Frank Nierzwicki were present.  


Approval of the minutes


Dan Swafford asked for a motion for approval of the minutes for the Regular Meeting December 10, 2007 and Administrative Meeting December 11, 2007.  Dianna Bastin made the motion.  Phillip Rogers seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


Phill Smith made a motion that we pay Accounts Payable Vouchers.  Dianna Bastin seconded.   Motion carried.




Resolution 24-07 Transfer of Funds


Sandra Hash explained different appropriations run low at the end of the year.  She went over the following transfers:

Planning Department









Telephone & Fax



 $            6.08







 $        168.80



Furniture & Equipment


 $        163.30



Office Supplies



 $        338.18














 $             9.25



Vehicle Maintenance


 $             9.25

Fire Department









Telephone & Fax



 $     1,100.00



Uniforms & Gear



 $     1,100.00










Natural Gas



 $     1,000.00



Computer Supplies


 $     1,000.00










Natural Gas



 $        807.18



Gasoline & Oil



 $        807.18














 $        109.32



Arms, Radar & Equipment


 $        109.32














 $          29.05



Office Supplies



 $          29.05


Dianna Bastin made a motion we approve Resolution 24-07 Transfer of Funds.  Phillip Rogers seconded.  Motion carried. 


Resolution 25-07 2007 Encumbrances


Sandra Hash explained Encumbrances are purchases made in 2007 that will not be invoiced until 2008.  Sandra asked to submit the encumbrances by total only.  Dan said that would be fine. 


  • Town Administrative:                                                    $  5,146.97
  • Department of Planning and Redevelopment:      $10,336.99
  • Fire Department:                                                            $16,303.58
  • Police Department:                                                        $18,171.13
  • Motor Vehicle Highway:                                               $11,540.88
  • Parks & Recreation Department:                                   $     267.38
  • Local Roads & Streets:                                     $  2,150.00


Total Encumbrances for 2007                       $63,916.93


Phill Smith made a motion that we pass Resolution 25-07.  Dianna Bastin seconded.  Motion carried.


Ordinances on First Reading


Ordinance 07-17 to amend Chapter 36.005, 36.121, 36.204, 36.228, 36.122, 36.126, 36.205, 36.229 and 36.127 of the Ellettsville Town Code concerning PTO, Holidays, Paid Sick Leave and Other Leaves


Sandra Hash summarized Ordinance 07-17, which makes changes to the personnel policy. The Ordinance clarifies if an employee gives written notification of intent to separate, resign or retire from employment and is vested in the Town’s retirement after June 30, they will receive their remaining Paid Time Off and Holiday Pay in a lump sum on the next regular payroll after the date of separation.  The paid holidays are rearranged in chronological order.  The language regarding paid Sick Leave in the Civil, Fire and Police Departments are standardized and allows sick leave to be granted in two hour increments.  Grandparents are added to Bereavement Leave as immediate family and clarifies a Fireman will receive one twenty-four hour shift for any family member. 


Ordinances on Second Reading


Ordinance 07-14 Fixing of the Salaries for Budget Year 2008


Sandra Hash explained this ordinance will set the 2008 Salaries.  The ordinance is a very long, detailed document that is public record if anyone would like to review it in the Clerk’s office.   Dianna pointed out a change under Planning and Development (118) Administrative Assistant should be from $13.46 to $15.65 and clarified the change is on the official document that may be signed. 


Dan Swafford asked for a motion to pass Ordinance 07-14 fixing the Salary Budget for the Year 2008.  Dianna Bastin made the motion.  Phillip Rogers seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; Ted Robertson – nay; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 4-1.


The following discussion took place before the vote


Jim Davis, Ellettsville Fire was approached by town citizens asking why the firemen were getting such a large raise.  He clarified statements regarding Police and Fire pay increases printed in The Journal.  The paper listed the 2007 base pays for the Police and Fire Departments but did not include the certifications and education pay they have received for the past twenty years.  Jim used the Captain’s pay and as an example. 


Laura Entrekin asked how is it decided who got raises.  Dan Swafford explained the decision is based on Supervisor’s comments and then the Town Council votes on the raise percentage.  The raises are discussed at the budget reviews during the summer.  The salary is different from the budget and the salary ordinance confirms the salaries.  Laura asked why everyone at the Police Department got a raise except Ron McGlocklin and what the reason behind that is.  Dan does not know why.  Laura suggested that question should be answered before the 2008 Budget is passed. 


Art Hayes asked about Gary Darland and Frank Nierzwicki’s salaries since extra people have been hired in their departments.  He requested the Council consider responsibilities and qualifications before the ordinance is passed. 


Ordinance 07-15 to amend section 36.220, 36.230, 36.231 and appendix B of Chapter 36 of the Ellettsville Town Code


Sandra Hash summarized the changes to the Police section of the personnel policy.

  • In the “Definitions” the following are added: 

1.      Member of the Police Department – Marshal, full and part-time Deputy Marshals are the only members

2.      Rank Structure – Changes the rank designations from Marshal and Deputy Marshals to Chief of Police, Assistant Chief of Police and Deputy Chief of Police, Sergeant and Police Officers

  • Changes the term throughout the document from Department Head and Marshal to Chief of Police
  • Under promotions the words “or on inactive duty due to disability” are deleted and “Officers on Military Leave will be able to apply for promotions” is added and the procedure to apply is explained
  • Chief of Police or his designee along with the department liaison will replace “staff review board” to recommend to the Town Council the person for promotion
  • Clarifies the procedure for discipline of Police personnel instructing they will follow Indiana codes:  IC 5-2-1-9, IC 36-5-7-3, IC 5-2-1-9 and IC 36-8.  These are procedures we have followed in the past but this ordinance will put these procedures in the Town Code.  Mike Spencer stated this will clarify the procedures as to the Marshals position.
  • Changes the Police Department Board of Chief Officers from Town Marshal to Chief of Police and adds Assistant Chief of Police and still maintains Deputy Chief Marshal
  • Changes Police Department Board of Officers from Town Marshal and Chief Deputy Town Marshal to Chief of Police and Assistant Chief of Police


There was a question from the audience if this ordinance will change Marshal to Chief of Police.  Sandra explained the addition of Assistant Chief of Police position would change the make up of the Police Department Board of Officers.  This position will not add another person to the Police Department; it will give a patrolman the opportunity to become an Officer.  Dan stated this is confusing and would like to table it until the next meeting.


Dan Swafford made a motion to table Ordinance 07-15 to amend all that until the next meeting.  Dianna Bastin seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; Ted Robertson – yes; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 5-0.


Ordinance 07-16 to annex the area known as the Romine-Cole-Sykora II Annexation, 4011 Lost Mans Lane consisting of approximately 40 acres


Frank Nierzwicki, Director of Planning Services explained this is a voluntary annexation of approximately 40 acres.  The property is adjacent to Lost Mans Lane connecting to an existing area, within town.  The Plan Commission gave the annexation a positive recommendation.  Dianna Bastin clarified this property has one structure, a dog kennel, and the rest is undeveloped land. 


Dianna Bastin made the motion to approve Ordinance 07-16 to annex the area known as 4011 Lost Mans Lane – 40 acres.   Phillip Rogers seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; Ted Robertson – nay; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 5-0.


Old Business


Request for consideration of making the Wishing Well Park a Nature Preserve


Phillip Rogers looked into this and found that giving it away will not benefit the Town.  Once it becomes a Nature Preserve, it will no longer belong to the Town and we may need it in the future.  Frank Nierzwicki attended the Parks Board meeting when this was originally brought up and understands Ms. Morran wants to preserve the area presently being used as a laboratory for the schools.  They would like to protect it for the future. 


Frank is working with the Indiana Department of Transportation on an I-69 Community Planning Grant that will require the Town to protect it in the future.  Frank will continue to

work with the School Corporation to have this incorporated into the grant.  He does not think any action is required by the Town Council at this time.  Dan Swafford recommended this should be approved by the Plan Commission first.  


Russ Ryle stated he and his wife have worked through the Wylie House Foundation that preserves historical correct and native species of plants.  If and when this area is developed, because it is a wetland, he would like the Town to consider emphasizing the preservation of native plant species that have been there for over 100 years.


Ted Robertson thinks this is a good idea.  If the area is a swamp, why would the Town need it? 


New Business


Agreement between the Indiana Department of Transportation and the Richland-Bean Blossom Community School Corporation for implementation of the Safe Routes to School project requires endorsement from the Ellettsville Town Council


Frank Nierzwicki presented an agreement between INDOT and Richland-Bean Blossom Community School Corporation for the implementation of the Safe Route to School Education Program.  This will help children and parents with a safe route to school using training programs.  Frank explained that in 2006 the School Corporation was the primary signer of this grant and the Town was the secondary because it is in our jurisdiction.  There are education and construction programs.  This year we won a $250,000 grant for construction of sidewalks in the school area and another grant split between Monroe County School Corporation and ours.  The School Corporation is asking for permission to start the project, since the Town was secondary signer of the grant.  The Planning Department and Engineering will be involved with the construction of the sidewalks.  Dan asked what will happen since there is talk of a new school.  Frank explained it will take at least a year to get the sign off and approvals from the State to start the projects and at least two to three years to start construction.  Sandra Hash stated the agreement was handed out to the Council Members during the last meeting to review with page to be signed.


Dan Swafford asked for a motion to sign the agreement between Indiana Department of Transportation and the school system here.  Dianna Bastin made the motion.  Phillip Rogers seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; Ted Robertson – nay; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 5-0.


Annual Service Agreement for the emergency generator system at the Waste Water Treatment Plant


Jeff Farmer, Ellettsville Utilities explained the service agreement is for the generator at the Waste Water Plant.  The generator will come on automatically in case of any natural disaster or loss of power.  It will run the entire plant.  There has been a three year service contract in the past and Jeff is suggesting another three years.  Jeff outlined the services provided with the agreement. 


Dan Swafford asked for a motion to approve this annual service agreement for the emergency generator system at the Waste Water Treatment Plant.  Dianna Bastin made the motion.  Sandra Hash asked for clarification of this being an annual or three year agreement.  Jeff Farmer suggested three year.  Dianna Bastin corrected her motion for a three year agreement; she did notice the price will not go up if we choose three years.  Dan asked to make a motion for three year agreement.  Phillip Rogers seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; Ted Robertson – nay; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 5-0.


The following question was asked before the vote was taken


Dan Swafford asked what the increase was since the last time.  Jeff Farmer said there is a slight increase but did not have the exact number. 


Council Comments

Dianna Bastin read a note from Ms. Jacobs and the Scholarship Committee for the contribution of $50 to the Maurice Endwright Scholarship Fund from the Town in lieu of flowers for Mrs. Endwright. 


Dan Swafford presented plaques to Ted Robertson and Phillip Rogers for their service on the Town Council. 


Dianna Bastin gave an update on Mr. Baker’s request for a Town Christmas tree.  The Town was not able to get it done this year but they will continue to work on having some type of lighting ceremony where Mr. Baker will be able to “throw the switch”.


Supervisor Comments


Frank Nierzwicki reiterated the School Corporation and the Town were joint signers on the $250,000 sidewalk grant.  The Planning and Redevelopment staff has written a grant with a proposal for Main Street Corporation on “match stick” which is a matching program with the Bloomington, Monroe Country Community Foundation.  The goal is to raise $37,500 in the year 2008.  When the goal is met, Main Street will receive another $12,500 from the Community Foundation making it a $50,000 endeavor.  The Planning staff will be working with Main Street.  The plan for this endowment is to have money constantly coming in, improvement to the downtown area, helping merchants to upgrade their façades, maintain gateway signs and maintaining the trail.  The Planning Department was notified the Town of Ellettsville received a $50,000 grant from INDOT for Community Planning Projects.  Plans for this are:

  • Working with the School Corporation on the Wells Park
  • Green space
  • Helping the Parks Board plan for future parks
  • Capital Improvement Program which will help Town Council make decisions on growth


Public Comments


Art Hayes attended a meeting at the library when the Thoroughfare Plan was discussed and it does not match up with Monroe County’s Thoroughfare Plan.  The projected date for State Road 46 to be four lanes from Ellettsville to Terre Haute is 2013 and the Town ordinances are not adequate for this type of expansion.  Art Hayes spoke about zoning, planning and PUD ordinances that do not agree with what the future of the town really wants to be.  He suggests redoing incomplete ordinances and stop until it is complete.  He listed some problems in town:  Capitol Avenue, Litten Estates, Meadowlands and animal control.   Art Hayes pointed out all the “voluntary annexation” coming into town and questioned their reasoning.  In addition he requested the front door could be unlocked before the meetings or ban the smoking from the outside doorways.


Pat Holt stated that as of December 25, 2007, according to the Police Academy, the Town Marshal does not have arrest powers.  Does this mean there is no “acting” Town Marshal; is there a figure head with no powers and who is next in line to succeed if the Marshal has no qualifications?  This is for the safety of the community.  Mike Spencer stated Indiana Law allows the Marshal to have arrest powers for twelve months from the date of hire. 


Jack Neal is glad Ordinance 07-15 was tabled.  There needs to be more community input since this does affect the community; we are still a Town and not running a city like Bloomington.  The Town has a state of the art Police Department facility and the community is well policed.  In 1968 we had one man who was the Town Marshal, the Street Commissioner, Dog catcher and Building Inspector.  As Ellettsville grew these became separate departments and the communuity approved.  At first we only had a Town Marshal.  Then we added a Deputy.  The Town hired a retired State Trooper and he didn’t want to be called a Marshal.  He wanted to be called Chief of Police, which was okay, but he was still a Marshal for the Town of Ellettsville.  The State Law designates a Town Marshal and a Deputy Marshal.  As the Police Department grew they set up a chain of command but the Marshal was in charge.  The Marshal dictated the hours they worked and oversaw the enforcement.  It was all done through the Marshal.  They tried to establish a merit board, but could not because we are not a city we are a town, community and family.  Anything that affects this community affects us “we the people”. 


Russ Ryle, Reeves Road resident thanked the Town Board for their service.  He reflected back 100 years.  Ellettsville has survived because of its economic proximity to Bloomington.   Russ suggested the Town Council keep the focus on the people of our community.   Russ reflected on the tornado and the strength of the community. 


Laura Entrekin is glad Ordinance 07-15 was tabled.  The Police Department has worked in the past and there is no reason to change it.  She does not understand why the current Town Marshal would be allowed to make changes when he has not completed the Law Enforcement Academy.  He may not be qualified to operate that department.  Laura reiterated her comments about Ron McGlocklin not getting a raise and suggested that when the reason is determined the money could be taken from the Marshal’s salary and given to Ron because he is qualified.  Laura thanked Ted Robertson for representing the Town and people of Ellettsville and having his own opinion. 


Dan Swafford thanked Ted and Phil again for their input over the past year and wishes them well. 




Phillip Rogers made a motion to adjourn.  Dianna Bastin seconded.  Motion carried.  Dan Swafford adjourned the meeting at 8:29 p.m.