February 13, 2012






The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, February 13, 2012, at the Fire Department Training and Conference Room.  Scott Oldham called the meeting to order at 7:00 p.m.  Dianna Bastin led the Pledge of Allegiance followed by a prayer led by Phillip Smith. 


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


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


Clerk-Treasurer’s Report


Sandra Hash – Presented the January Clerk-Treasurer’s Report as follows:





















 Year Balance


 MTD Revenue

 MTD Expenses

 Current Balance












 $     462,248.72


 $      43,816.61


 $     138,189.08


 $  367,876.25












 $       50,830.82


 $      27,282.40


 $       29,385.73


 $    48,727.49










Water O&M

 $     199,135.80


 $    129,201.19


 $     118,385.27


 $  209,951.72










Waste Water O&M

 $     190,643.47


 $    169,765.70


 $     141,002.07


 $  219,407.10


Approval of Minutes


Scott Oldham entertained a motion for the approval of the minutes for the regular meeting on January 23, 2012.  David Drake so moved.  Dianna Bastin 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.




Board of Zoning Appeals – 1 Democrat Appointment by the President

Park and Recreation Board – 1 Democrat Appointment by the President


Scott Oldham – There are not any candidates for the Board of Zoning Appeals.


Phillip Smith – There seems to be a lack of candidates.


Scott Oldham – He still hasn’t met with the candidates for the Park and Recreation Board.


Dianna Bastin made a motion to table the Board of Zoning Appeals appointment and the Park and Recreation Board appointment.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith – yes.  Motion carried 5-0.


Ordinances on Second Reading


Ordinance 2012-08 to Annex Richard’s Small Engines/Alfred Purdie, 8273 West State Road 46 and 8201 W. State Road 46, Ellettsville, IN.  Petitioners Richard and Jennifer Gieselman, Kevin Potter, Representing Engineer, Monroe County Parcel Numbers:  0071852007, 53-04-05-100-006.000-011 and 0071852005, 53-04-05-100-008.000-011.  Petitioner is requesting a Commercial 3 zoning classification for both parcels.


Phillip Smith – Basically, this is the same as the first reading.  There are not many changes except installing the blister.  Darla Brown, Town Attorney, advised there is a separate agreement that the Town Council will have to pass.  The agreement is between the Town and Richard’s Small Engines (“Richard’s”). 


Darla Brown, Town Attorney – This is an annexation and is a little different than a rezone where a condition of the rezone is part of the ordinance.  This is a separate agreement but if Mr. Geiselman isn’t at the meeting to sign it, it might be appropriate to postpone it for a date he can be there and sign it. Mrs. Geiselman was present and stated her husband had signed an agreement with Connie Griffin.


Scott Oldham entertained a motion to accept the agreement regarding conditions of annexation for Richard’s Small Engines.  Phillip Smith made a motion to accept the agreement regarding conditions of annexation for Richard’s Small Engines.  Dianna Bastin seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith – yes.  Motion carried 5-0.


Scott Oldham entertained a motion to adopt Ordinance 2012-08 to annex Richard’s Small Engines/Alfred Purdie, 8273 W. SR. 46 and 8201 W. SR 46, Ellettsville, IN, subject to the approval by the Petitioner and Signature of the Petitioner on the Agreement Regarding the Conditions of Annexation.  David Drake made a motion to adopt Ordinance 2012-08 to annex Richard’s Small Engines/Alfred Purdie, 8273 W. SR. 46 and 8201 W. SR 46, Ellettsville, IN, subject to the approval by the Petitioner and Signature of the Petitioner on the Agreement Regarding the Conditions of Annexation.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith – yes.  Motion carried 5-0.


Phillip Smith – Congratulated Richard’s Small Engines for coming into the Town of Ellettsville.


Old Business


Flood Insurance


Sandra Hash – Darla Brown obtained the additional quotes and a price comparison has been provided to Council members.  She also included the appropriations available, total cost of insurance this year versus last year, and insurance reimbursements due to water damage since she has been Clerk-Treasurer. 


Scott Oldham – The total cost for property, liability, earthquake and the umbrella is $91,180.23.  Ms. Hash advised that included in the premium is a cost of $548 for $1,000,000 in flood insurance for the areas of Town that are not in the floodplain.  Mr. Oldham asked how much the flood insurance would cost.  Ms. Hash replied for a $1,000 deductible the coverage is $13,021 for Utilities and $1,600 for MVH and Parks.  For a $5,000 deductible the coverage is $11,576 for Utilities and $1,430 for MVH and Parks.  If it’s a $10,000 deductible than the coverage is $10,669 for Utilities and $1,296 for MVH and Parks. 


Dianna Bastin – She asked Utilities to look at what they have and what they could lose.  Mike Farmer can explain his opinion on flood insurance.


Mike Farmer, Ellettsville Utilities – They did not solicit the cost for flood insurance and they have not had it for quite a few years.  Flood insurance would cover Town Hall, which Utilities owns, and the blue building, which is the maintenance building at Matthews and McNeely.  He doesn’t know how to advise the Council as to whether or not flood insurance is needed.  Utilities has taken precautions to protect their facilities and the important things they have in them.  For example, in Town Hall all computers are off of the floor by three feet.  They have never had a flood high enough to take out all of the computers.  Everything else is replaceable.  Every few years they have to update computers.  Depending on when a major flood would hit, he is uncertain if they have enough equipment to need additional insurance.  The blue building is a pole barn and is very basic.  The equipment can always be moved if there is an extreme event. 


Sandra Hash – The Town has never had flood insurance to her knowledge.  Homeowners in the floodplain are required to have flood insurance because they have mortgages. 


David Drake – In a perfect world flood insurance would be great but based on the Town’s budget and past history, he doesn’t know that it is necessary at this time.  Phillip Smith agrees with Mr. Drake.  The Town has seen pretty bad floods in the last 30 years but nothing it couldn’t handle.  Mr. Drake commented the downtown flooding got better when State Road 46 and the bridge were improved.  Ms. Hash stated it hasn’t flooded too badly since then.  In 2008 there was a flood and the area around Town Hall had sandbags but it didn’t get close to Town Hall, but damaged a street and utility line.  It was declared a disaster so the Town got a reimbursement from FEMA and OCRA.  Mr. Swafford stated if an area is declared a disaster then FEMA and OCRA will pay for it.  Mr. Farmer commented during rain events, when they do have high water, Utilities is probably the second out and most of the crew is out during any kind of high water event.  They are prepared to protect their facilities and they have sandbagged Town Hall prior to the creek getting out of its bank when the forecast said it would rain more and more.  They are there day and night with all the other departments.  They have the ability to plan ahead during those events.


Scott Oldham – Asked Sandra Hash if the Town has had three events, two in 2002 and one in 2008, did it incur any type of financial damage.  Ms. Hash replied that is since she’s been Clerk-Treasurer.  In 1993 and 1994 there were a couple of floods when she worked in Town Hall.  They did get a little bit of water in Town Hall, and they cleaned it up themselves.  She confirmed with Fire Chief Jim Davis they did not receive any financial assistance. 


Scott Oldham entertained a motion.  Phillip Smith made a motion to postpone the flood insurance coverage to a later date.  David Drake seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith – yes.  Motion carried 5-0.


Sandra Hash – Asked if they want to continue the $548 for flood insurance on the facilities that are not in the floodplain.  Mr. Drake asked if the Town is already paying it.  Ms. Hash replied it is already included in the premium.  The consensus was to leave it in the premium.


New Business


The Indiana Department of Transportation (“INDOT”) and the Federal Highway Administration Extend an Invitation to the Town of Ellettsville to Become a Local Participating Agency on Section 5 of I-69.  INDOT is requesting Name and Title of the Participating Official if Invitation is accepted.  Response Required by March 7, 2012.


Steven Walls, Office of Project Management for I-69, INDOT – This is in reference to the Environmental Impact Statement (“EIS”) they will be doing on Section 5.  They have asked five agencies, Morgan County, Town of Ellettsville, City of Martinsville, City of Bloomington and the County of Monroe to participate in this process.  This means they will have a more active role and typically they meet once a month.  Sometimes there is a conference call every couple of weeks.  As they develop the document that will eventually become the final EIS which in turn becomes the record of decision that will allow them to construct the interstate in that area.  As a participating agency, the Town would designate a person who would sit on the review process and would have the opportunity to review the EIS.  This is a process that will begin immediately.  The person will have input on development of the EIS throughout the entire process.  The first meeting is February 15, 2012, at 3:00 p.m. at his office.


Dan Swafford - Asked if any other agency has signed this document.  Mr. Walls replied he has received a signed document from Morgan County.  He received a call from the Monroe County Engineer advising he will be participating in that process.  Scott Oldham asked if it had to be a council member who would participate.  Mr. Walls replied no, it would be an expert in planning or an engineer.  It is an ongoing process.  This is quick moving and perhaps a year long process.  Mr. Swafford spoke with Rick Coppock and he is willing to participate in this process if the Town signs the agreement.  Mr. Swafford asked if it would be okay for a couple of the Town Council members to attend the first meeting.  Mr. Walls said he has no problem with that.  Phillip Smith asked where Section 5 begins.  Mr. Walls responded Section 5 begins on Hwy. 37 just south of That Road.  It will then proceed north to about the incorporated limits of the City of Martinsville which is just a little south of State Road 39.


Scott Oldham entertained a motion.  Dan Swafford made a motion to sign the letter of the participating agency and have Rick Coppock as Ellettsville’s representative.  David Drake seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith – yes.  Motion carried 5-0.


Supervisor’s Comments


Michael Farmer, Ellettsville Utilities – He sent an email to Town Council regarding replacing vehicles in the Utilities fleet.  A few years ago they had a rate increase.  Incorporated into the rate increase was a plan to modernize their fleet of vehicles.  They have been putting away $5,000 a month for this effort.  They currently have approximately $84,000 in that account and they continue to put $5,000 a month into it.  They are wanting to replace two pickup trucks and one service truck.  They have received quotes from four vendors on the service truck and two local vendors on the pickup trucks.  They are requesting permission to proceed with the purchases.  Dan Swafford asked if they had the quotes.  Mr. Farmer responded he sent an email on February 10, 2012, but he had the quotes.  The 2003 ½ ton GMC has 100,000 miles on it and the replacement cost will be $30,000 to $31,000.  He has two quotes that are less than $31,000.  They are replacing a 2000 ¾ ton pickup truck that has 130,000 miles with a ½ ton pickup truck.  The replacement cost will be $20,944.  Mr. Swafford asked for copies of the quotes.  Mr. Farmer replied he will get them.  They are also replacing a 1996 ¾ ton Ford service truck.  They use it for operation maintenance of the water and sewer system.  He anticipated a replacement cost of $35,942 but has found one that is $1,500 less.  He is requesting permission to ensure that the specs meet what they want and award it to the lowest quote.  He thinks they will be able to buy all of the vehicles locally in Monroe County.  Scott Oldham asked if they have the money in their budget to purchase the vehicles.  Mr. Farmer replied they do. 


Dan Swafford - Jeff Farmer had mentioned replacing the backhoe.  Mr. Farmer replied in his email he stated he will be back to Town Council in the future about replacing a dump truck that has 288,000 miles on it.  It is one of the dump trucks used to haul sludge and for construction projects.  Also, they have a 1997 310 backhoe they are going to replace.  It has over 4,000 hours on it.  It is now their backup backhoe and they use it with their backhoe mounted hoe ram.  It is in need of a lot of repairs but it is still in fairly decent shape where they should be able to get some good trade in value on it.  They are still soliciting specifications and figuring out everything they may need on the backhoe and dump truck.  Mr. Swafford advised he had asked Jeff Farmer to get estimates on repairs and asked Mr. Farmer if they looked into that.  Mr. Farmer replied they just spent $6,000 on the dump truck and it is in good enough shape that they can trade it in or sell it surplus.  They are certain it is time for the dump truck to be replaced because it has 288,000 miles on it.  The backhoe, if you tried to go through the boom,  replace everything and try to get it back up to standards for it to continue to be used would cost $10,000.  If it had any major engine repairs it would cost $8,000 to $10,000.  Mr. Farmer asked if he was wanting estimates on what it would cost to make it like new or is he saying he doesn’t want a new backhoe.  Mr. Swafford replied he knows they’re rather expensive and $8,000 or $9,000 compared to $120,000 or whatever they cost is not bad if they can get another 10 to 15 years out of it.  Mr. Farmer advised they shouldn’t keep the backhoe another 10 to 15 years.  Mr. Swafford reiterated he is just wanting some estimates or something to show what the repairs have been.  Is this the first time it has been repaired or have they spent a lot of money in repairs?  Mr. Farmer replied they maintain and repair equipment on an ongoing basis.  One of the things they look at as they update their fleet is selling the equipment in a timely manner so they still get value out of it on the secondary market.  It is important not to run them in the ground before they try and sell them. 


Scott Oldham – He looks at repairing it if they have to but not a whole lot are using their cars as much as they’re using a backhoe.  On the other hand, not a lot of people are driving 14 year old cars.  The money is there now and if they keep throwing good money after bad it may eventually not be there.  Mr. Farmer explained until two days ago both dump trucks were down and had been for a week.  The dump truck they’re trying to replace had been out of service for over ten days.  It’s been in the shop six times over the last twelve months.  Mr. Swafford stated he understands this and is not questioning the dump truck.  He is more concerned about the back hoe.  Mr. Farmer stated the backhoe has been used for numerous projects.  It has taken a beating because of the backhoe mounted hoe ram that is in place.  It worked them through the INDOT project and has a good life.  They have a 1998 410 backhoe that will become a backup and the new backhoe will become the primary one used for excavating.  Mr. Swafford asked what the year was for the other backhoe.  Mr. Farmer responded it is a 1997.  Mr. Swafford asked if the 1998 backhoe was in good shape.  Mr. Farmer replied it is in fair shape and has over 5,000 hours.  Right now it is the primary backhoe and is a little bigger than the other one.  It is used a lot in excavation.  Mr. Swafford asked if he is considering not to purchase the backhoe until spring.  Mr. Farmer replied spring is March 21st.  Mr. Swafford asked him to get together what he has asked for so he can look at it.  Mr. Farmer told him he can come down and look at the backhoe to show him what they’re talking about.  He requested direction on the service trucks and pickup trucks.  Mr. Oldham asked if they will surplus the old trucks.  Mr. Farmer replied the 2003 GMC pickup has a trade in value of $8,000.  The other two pickup trucks will be surplused.  Mr. Swafford asked if he has checked with any other departments.  Mr. Farmer answered he has not. 


Sandra Hash – Asked Mr. Farmer to go over the three trucks they’re asking to purchase.  Mr. Farmer replied they’re replacing a 2003 ½ ton GMC and they are proposing to purchase another ½ ton crew cab pickup truck.  They’re proposing to replace a 2000 ¾ ton regular cab pickup truck and they are going to replace it with a ½ ton for better gas mileage.  It’s last one is a 1996 ¾ ton service truck and it will be replaced with another ¾ ton service truck.  All of the new equipment will have the latest safety features.  For example the ¾ ton service truck has an aluminum lift gate which will allow the employees to put heavy equipment into the back of the truck with having to lift it in with the backhoe. 


Scott Oldham – Asked Darla Brown if they had to make a motion if the money is in the budget.  Ms. Brown replied they do need a motion because in the ordinances the Town Council is the purchasing agent unless they have delegated that to someone else.


Dianna Bastin made a motion to allow Utilities to purchase, based on approval of the specifications they need, all three of the trucks that were mentioned.  David Drake seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes and Phillip Smith – yes.  Motion carried 5-0.


Sandra Hash – Asked if there was enough money in the two funds to purchase the trucks or will there be any financing.  Mr. Farmer replied they have enough money in the two funds to purchase them.  He will be talking to his liaison about whether or not they completely deplete the funds.  He doesn’t care but there are different ways to approach the purchase of these vehicles because they may have vehicles they may want to purchase in the future.  They have more than enough money to purchase all three vehicles.  Mr. Swafford asked before the vehicles are purchased that Mr. Farmer provide him with copies of the bids.


Dianna Bastin – She has been down there but hasn’t been in the backhoe and doesn’t want to.  She has accepted the explanation from the operator and Mike Farmer.  If you take a serious look at his equipment, a lot of it is based on safety.  She has seen the trucks they’re voting on tonight and they have improved them. 


David Drake – He is sure these vehicles are needed.  Utilities are a different type of animal than the rest of the Town budget.  They have set aside the money for this and it is what the money is planned for.  He wishes they had some way to do the same thing for the Street Department but they just can’t.  They’re financed differently.  If they could find the money to get the Street Department what they needed they would.  It is just a completely different situation.  He wishes it wasn’t like that but it is. 


Dianna Bastin – They need to remember that they started this fund several years ago when Jeff Farmer came to them with this suggestion. 


Scott Oldham – Confirmed they are receiving $8,000 for a trade in. Mr. Farmer replied that was correct.


Council Comments


Dan Swafford – He sees on the agenda they missed the taxable fringe benefits presentation with Umbaugh.  Mr. Drake explained he had the old agenda.  Mr. Swafford asked why it was removed from the agenda.  Mr. Oldham replied because they’re asking questions that would be better served in a supervisors’ meeting.  Mr. Swafford stated he also has questions and doesn’t want to forget about this.




Dianna Bastin made a motion to adjourn.  Dan Swafford seconded.  Motion carried.  Scott Oldham adjourned the meeting at 7:47 p.m.