February 11, 2013






The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, February 11, 2013, at the Fire Department Training and Conference Room.  Scott Oldham called the meeting to order at 6:30 p.m.  Dan Swafford led the Pledge of Allegiance followed with a prayer by Phillip Smith. 


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


Supervisors Present were:  Jim Ragle, Tony Bowlen, Mike Cornman, Mike Farmer and Jeff Farmer.


Approval of Minutes


Scott Oldham entertained a motion for the approval of the minutes for the regular meeting on January 28, 2013.  Dan Swafford so moved.  Phillip Smith seconded.  Motion carried.


Accounts Payable Vouchers


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


Clerk-Treasurer’s Report

January 2013 Fund Balances








Beginning Balance



Ending Balance







$   530,357.68

$     128,700.30

$   173,196.85

$     485,861.13







$     83,759.47

   $        11,956.16

$     41,343.30

$       54,372.33






Water O&M

$   205,451.66

 $      135,830.72

$    139,697.86

$     201,584.52






Waste Water O&M

$   310,036.91

$      158,945.93

$    159,146.48

$     309,836.36


Proclamation for Tri Kappa Week


Sandra Hash read the Proclamation as follows:




WHEREAS, Kappa Kappa Kappa, Inc. more commonly known as Tri Kappa  is celebrating 112 years of community and charity programs statewide during our, Tri Kappa Week Celebration, February 18-24, 2013.


WHEREAS, the unselfish service of the seven young women who founded Tri Kappa in 1901, of the nearly 12,000 female members in Tri Kappa today, and of all of the women who serviced in-between, has all combined to allow Tri Kappa to thrive and serve for 112 years, and


WHEREAS, Tri Kappa is a philanthropic organization located only in the State of Indiana; and


WHEREAS, The objective of Tri Kappa for the past 112 years, has been and continues to be, to bring women into close, unselfish relationships for the promotion of charity, culture and education throughout the State of Indiana; and


WHEREAS, Tri Kappa’s scholarship program, which began in 1913, has provided students with scholarships in the areas of academics, fine arts, and to those returning to school after an extended absence, in addition to supporting Gifted and Talented programs throughout the State in Indiana; and


WHEREAS, Tri Kappa’s charity program has been, and continues to be, actively involved with James Whitcomb Riley Hospital for Children since it opened in 1922, and also donates to charities such as Ronald McDonald House, Camp Riley, Indiana Special Olympics, Mental Health Association of Indiana, Very Special Arts of Indiana and the Indiana Association of Retarded Citizens in addition to local charity programs throughout the State of Indiana; and


WHEREAS, Tri Kappa’s cultural program has been a strong supporter of the Hoosier Salon since its inception in 1926, and it maintains the Tri Kappa Art Collection, a collection of almost 100 paintings on permanent loan to the Rose-Hulman Institute of Technology, and supports Youth Art Month throughout the State of Indiana; and


WHEREAS, Tri Kappa returns to State and local communities more than $1.5 million every year to charitable, cultural and educational projects throughout the State of Indiana;


NOW THEREFORE We, Ellettsville Town Council, do hereby proclaim February, 18-24, 2013, as TRI KAPPA WEEK (Kappa Kappa Kappa Epsilon Xi) in the town of Ellettsville, in recognition of the contributions of the hardworking women who have and will continue to comprise this organization for the next 100 years, and invite all Hoosiers to take note of this special observance. 


ADOPTED this 11th day of February in the year of our Lord, Two Thousand Thirteen


Ordinances on First Reading


Ordinance 2013-02 to amend Ordinance 2012-26 fixing the salaries for budget year 2013


Sandra Hash explained it was decided inat the last Council meeting to give a part-time clerical person a raise to $14.50.  This is an amendment toof the Salary Ordinance to allow it in the Clerk’s office.


Ordinance 2013-03 to amend the Zone Maps for Richardson at 5920 West State Road 46, Bloomington, IN from C-3 to R-1.  This Ordinance had the first reading at the Plan Commission meeting and should be moved to second reading.


Sandra Hash explained Mr. Richardson came before the Plan Commission on February 7, 2013, and he received a favorable recommendation.  The property is located on the east side of Pro-Build.  There is a business, Rich Craft, which is a woodworking business and located behind it is a home.  A parcel sits between the existing home and business and he would like to build a home on the lot.  There is no other access to the second house except the driveway.  It’s currently zoned commercial and since he’s building a home he wanted to change that parcel to a Residential 1 (“R-1”).  David Drake said he always thought commercial could be used as an R-1.  Mr. Swafford advised Mr. Richardson was concerned about setbacks from a commercial to residential.  If it’s commercial the setbacks for a residential are doubled.  The house he is thinking of building would not fit within the commercial setbacks. 


Scott Oldham entertained a motion to adopt Ordinance 2013-03. David Drake made a motion to adopt Ordinance 2013-03.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 4-0.


Ordinances on Second Reading


Ordinance 2013-01 to amend Section 36.018 of the Ellettsville Town Code concerning the Americans with Disabilities Equal Opportunity Policy


Darla Brown, Town Attorney, explained the purpose of this ordinance is to change the language in the code to make it more definitive as to what rights individuals with disabilities have under the Americans with Disabilities Act (“ADA”).


Scott Oldham entertained a motion to approve Ordinance 2013-01 to amend Section 36.018 of the Ellettsville Town Code.  Phillip Smith made a motion to approve Ordinance 2013-01 to amend Section 36.018 of the Ellettsville Town Code.  David Drake seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 4-0.


Supervisor Comments


Jeff Farmer, Ellettsville Utilities, sent the Town Council an email about replacing the roof on the sludge storage barn at the plant and replacing a push camera to televise their sewer lines.


Darla Brown explained because the camera is under $25,000 it is considered to be a small purchase so that can be done without advertising for bids or quotes.  Under the Town Code, the Town Council is the purchasing agent so the Town Council needs to approve that purchase.


Jeff Farmer presented two quotes for two different cameras.  They want the more expensive camera.  It’s a better camera and fits their existing equipment.  The quote for it is $10,002.10 and the other camera would cost $7,900.  Phillip Smith asked what the life span is for the camera.  Mr. Farmer replied their current camera is approximately 15 years old.  They took pretty good care of it but it has maintenance issues and theiy’re spending up to $1,000 a year to keep it going.  The repairs are not lasting very long so they thought it was time to retire the old camera.  Also, technology is much better now than 15 years ago. 


Scott Oldham commented after looking at the statistics it seems like they’re getting a lot for their money even though they’re spending $2,100 more.  It’s a much bigger camera and monitor and more accessories. 


Dan Swafford asked when they were getting bids did they explain what they wanted and the companies came up with two different cameras.  Mr. Farmer replied a push camera is different than a tractor camera.  The Town has a trailer mounted camera which is great for doing laterals or emergency jobs.  They called the dealer and explained what they were looking for.  Mr. Swafford asked what the warranty is on the camera.  Mr. Farmer answered he thinks it’s a one to two year warranty.


David Drake made a motion to approve the purchase of the video camera from Echo Infrastructure Solutions for $10,002.10 as quoted.  Phillip Smith seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 4-0.


Darla Brown explained the roof is considered to be a public works project because it’s an alteration, repair or renovation of an existing building.  Last year, the legislature changed the public works statute to add a provision for projects that are estimated to cost under $25,000.  With this procedure the Town can, without doing a formal process through the newspaper, solicit bids from at least three different contractors who are known to do this type of work.  There is no waiting period required.  At the next meeting Mr. Farmer could present quotes from those contractors willing to give a quote.  Then, the Town Council can pick whichever contractor it wants.


Dan Swafford asked if there are any guidelines on the low bid.  Ms. Brown answered it’s always the lowest responsible bidder.  The legislature also changed the statute to say anybody entering into a contract with a municipality has to sign a document saying they don’t do business with Iran.  They also have a document to state they check for illegal aliens on E-Verify.  Mr. Farmer asked if this pertains to everyone they purchase from.  Ms. Brown replied the E-Verify doesn’t apply to supplies but both statutes apply to contracts for services in public works projects.  Mr. Swafford commented that would be a good memo to send to all the supervisors.  Mr. Farmer noted the contractor is the same one who just painted the building that was erected over the bar screen.  Mr. Swafford said they need to get two more bids.  It seems any local contractor could do it.  Ms. Brown clarified the statute states you have to solicit bids from three people. 


David Drake noted if they send requests for bids to the same people as on the other building and they don’t receive any response, it seems they’ve solicited for their bids. 


Jeff Farmer asked at what point they bring purchases to the Town Council.  Sometimes they have pumps and bearings that go out.  Sometimes they spend $25,000 to $30,000 a year to replace UV bulbs for the wastewater treatment plant.  They’re specialty items that can only be purchased from one manufacturer.  They’re getting ready to purchase 400 meters that will cost $28,000.  Mr. Swafford noted the meters would be equipment.  Ms. Brown advised the Town Code says the Town Council is the purchasing agent for the Town.  It probably wouldn’t hurt to update the Town Code to exclude the types of things Mr. Farmer is talking about.  Mr. Farmer said the purchase is actually approved when claims are approved.  Ms. Brown noted the Town Code contemplates construction projects and/or large purchases such as vehicles or fire trucks.  She will draft an update to the Town Code to include the new language in the code.


Town Marshal Tony Bowlen explained he wants to purchase a car.  The cheapest bid is Fletcher Chrysler-Dodge in Franklin.  The cost of the car is $22,632 and a max-care five year/100,000 mile warranty with zero deductible is an additional $2,475.  The total including the warranty is $25,107.  This will replace a 2003 Crown Victoria which will be auctioned on Ebay. 


Dan Swafford made a motion to approve one vehicle purchase with a warranty from Fletcher Chrysler-Dodge for a new 2013 Dodge Charger.  Phillip Smith seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; David Drake – yes; and Phillip Smith – yes.  Motion carried 4-0.


Privilege of the Floor


Dan Swafford thinks it’s a good idea if they would go paperless.  It would save a tremendous amount of money.  Monroe County is doing it and the City of Bloomington is to follow.




Scott Oldham entertained a motion to adjourn.  Dan Swafford made a motion to adjourn.  Phillip Smith seconded.  Motion carried.  Scott Oldham adjourned the meeting at 7:303 p.m.