February 25, 2013






The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, February 25, 2013, at the Fire Department Training and Conference Room.  Dan Swafford called the meeting to order at 6:30 p.m.  Dianna Bastin led the Pledge of Allegiance followed with a prayer by Phillip Smith. 


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


Supervisors Present were:  Jim Davis, Mike Cornman, Jim Ragle, Tony Bowlen, Connie Griffin and Mike Farmer.


Approval of Minutes


Dan Swafford entertained a motion for the approval of the minutes for the regular meeting on February 11, 2013.  Phillip Smith so moved.  Dianna Bastin seconded.  Motion carried.


Accounts Payable Vouchers


Dan Swafford entertained a motion for action to pay Accounts Payable Vouchers.  Dianna Bastin so moved.  Phillip Smith seconded.  Motion carried.




Resolution 03-2013 to Adopt a Written Fiscal Plan and to Establish a Policy for the Provision of Town Services to an Annexed Area – the CVS Annexation


Dianna Bastin made a motion to table this issue.  Dan Swafford seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – yes; and Phillip Smith – abstained.  Motion carried 2-0 with one abstention.


Ordinances on First Reading


Ordinance 2013-04 Concerning the Annexation of Adjacent and Contiguous Territory to the Town of Ellettsville – the CVS Annexation


Dianna Bastin made a motion to table Ordinance 2013-04 concerning the annexation of adjacent and contiguous territory to the Town of Ellettsville – the CVS Annexation same situation.  Dan Swafford seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – yes; and Phillip Smith – abstained.  Motion carried 2-0 with one abstention.


Ordinances on Second Reading


Ordinance 2013-02 to Amend Ordinance 2012-26 Fixing the Salaries for Budget Year 2013


Sandra Hash explained in January the Town Council granted a raise for the part-time assistant in her office.  The salary ordinance has to be amended to accommodate the raise to $14.50 an hour.


Phillip Smith made a motion to approve Ordinance 2013-02 to amend salary ordinance 2012-26 fixing the salary for budget year 2013.  Dan Swafford seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – no; and Phillip Smith – yes.  Motion failed even though the vote was 2-1 a majority of the elected officials is required to pass an ordinance.


Dan Swafford asked when the Council agreed to the raise did it include the new job description.  Sandra Hash answered it was just the dollar amount.  It was requested that the positions be combined.  Mr. Swafford asked if there was a new title.  Darla Brown replied the new duties were incorporated into the old job description. 


New Business


Jeff Baldwin with the Boys and Girls Club Requests Permission for Temporary Signs for the Big Hearts Campaign


Jeff Baldwin appreciates the support of the Boys and Girls Club of Ellettsville.  They have seen tremendous growth since 2009 and have established themselves as a very important youth development organization within the community.  For the third year, they are asking for a waiver of the sign permit fee and permission to post signs in the right-of-way for the “Big Hearts” campaign.  The signs will be posted as soon as possible through April.  There are approximately 50 yard type signs that will acknowledge the contributions from donors to the campaign.  They will be placed on the fence and there will be a 4’ x 8’ sign that tracks the progress of the campaign.  They have approval from the Indiana Department of Transportation.  Their goal is to raise $35,000 to support the efforts of the club.  A vast majority of their support does come from individuals and local companies.


Phillip Smith asked if the sign situation will be the same as it has been in the last two years.  Mr. Baldwin replied it will be no different.  Last year there was a slight difference because they put the signs on the fence which allowed for a much neater appearance.  Mr. Swafford asked where the location was.  Mr. Baldwin answered it is in front of Eagles Landing.  Mr. Swafford asked if traffic will be blocked.  Mr. Baldwin replied none whatsoever.  They won’t have signs on the road side of the sidewalk.  They will be located back from the sidewalk area.


Dan Swafford entertained a motion to approve the request from Jeff Baldwin of the Boys and Girls Club for the temporary signs for the Big Hearts Campaign and waive the sign permit fee.  Phillip Smith made a motion to approve the request from Jeff Baldwin of the Boys and Girls Club for the temporary signs for the Big Hearts Campaign and waive the sign permit fee.  Dianna Bastin seconded.  Roll Call Vote:  Dan Swafford – yes; Dianna Bastin – yes; and Phillip Smith – yes.  Motion carried 3-0.


Jeana Kapczynski, President of Ellettsville Main Street, Requests Permission to Proceed with Designing Signs (interpretive and small) and the Limestone Art Project (six blocks of limestone along the trail to show how a block is transformed into a piece of art)


Jeana Kapczynski, President of Ellettsville Main Street, explained they have been a partner with the Town of Ellettsville for several years to develop the Heritage Trail.  To date they have raised $42,000 in matching funds for Phase I of the trail and they have received a Community Foundation Grant of $25,000 for matching funds in Phase II which is the bridge.  They’ll work this year to raise $30,000 which will bring the total of matching funds to $97,000 for Phases I and II.  They hope the Heritage Trail will help to revitalize historic downtown, bring new businesses to the area and be a way to appreciate the limestone heritage.   In 2011, Ellettsville Main Street obtained a $16,500 grant from the Smithville Charitable Foundation for trail amenities including signs and limestone art.  They want to place six blocks of limestone along the trail and show how a block is carved and transformed into a work of art.  The estimated time for construction of the trail is mid-2014.  This year they would like to start working with the consultants on the signs and art project so they will be ready when construction occurs.  In the future, they may want to add additional limestone features along the trail such as benches, planters or more art.  They may raise funds by developing a memorial walk or wall which would be on or near the trail or on Town property.  They can work with the Heritage Trial Advisory Committee to coordinate the placement of the amenities and to ensure that everything is Americans with Disabilities Act (“ADA”) compliant.  They are requesting permission and guidance on how they’re to proceed with the assurance from the Town that these amenities such as signs, art, trash receptacles, and a memorial wall would be on the Town of Ellettsville Heritage Trail property now and in the future.


Dan Swafford suggested they work with the Planning Department on plans, layouts and drawings.  As they get those done and completed, they should come before Town Council for final approval.


Dianna Bastin agrees they should work with Planning but thinks the people responsible for raising the money need to have some strong input about where the signs are on the trail.  She would hate to see Town Government decide the location of the signs.  She knows it is their goal to be a partner with the Town but she would like to see them have some strong input.  Mr. Swafford added if they bring diagrams and designs before Town Council then the supervisors will be able to make certain there’s nothing they have problems with.  Ms. Bastin noted this is all a precursor to when the trail is started.  She doesn’t want to see any department in Ellettsville move or remove anything from the trail without it being brought up in a public meeting and giving the people who worked on it a chance to ask why it’s being moved.  Ms. Kapczynski advised there will be two signs, one about the art and one about the trail.  The signs will be expensive because they will be graffiti proof so they last a long time.  Mr. Swafford complimented Ms. Kaczynski and Chris Fisher for doing a wonderful job.  They appreciate all of their help.  If it wasn’t for Main Street the project would never have gotten off the ground.  Ms. Kaczynski said they’ve had a lot of help from donors, grants and people who want it to happen.  Mr. Swafford asked when construction of the trail is scheduled to begin.  Ms. Kaczynski replied it will be mid to late 2014.  Mr. Swafford complimented Connie Griffin for also doing a wonderful job on the project.


Privilege of the Floor


Jillian Prall, KRC Catering, explained they’re opening a new facility in Ellettsville.  They are interested in hosting two concerts on April 18, 2013 and April 19, 2013.  The April 18th concert would be an electronic dance music concert and the April 19th concert would be a country music concert.  On both of those days they would want to run from 5:00 p.m. to 10:00 p.m.  The stage will be outside on the parking lot because they are anticipating approximately 3,000 people on both nights.  They’ve presented their security plan to the Director of Planning.


Dianna Bastin asked if they will have their own security and will they be directing traffic.  Ms. Prall replied they are hiring Graham Security of Bloomington.  They have 16 years of running concerts in Bloomington.  They will also have their own security team who will be working within the facility.  They don’t anticipate a lot of traffic problems. They are going to bus people in from downtown Bloomington.  They anticipate busing from KRC Catering in downtown Bloomington where they have a large parking lot.  They plan to rent the parking lot of the property directly east for an extra parking area.  Mr. Graham will be head of security and will be hiring off duty officers to do any traffic control.  Ms. Bastin asked if they will be coordinating with the Town Marshal and the Fire Department.  Ms. Prall replied they will.  Ms. Bastin wants to make sure when the fire trucks head their direction there are no traffic problems.  Ms. Prall advised they have been in touch with Tim Klapp, the Bloomington Fire Marshal, and they do plan to contact and work closely with everyone in Ellettsville.  They understand it is a large undertaking and they’re willing to do whatever is necessary.  They have a couple of investors who are investing in the show.  They do think bringing the music scene here will be positive for the area. 


Darla Brown, Town Attorney, asked how many security personnel will be on duty.  Ms. Prall replied they will have 20 security guards from Graham Security, two EMTs and 10 to 15 of their own security.  Ms. Bastin asked if alcohol will be consumed.  Ms. Prall answered yes, they will have a bar area that will be designated 21 and over.  They will apply for the excise offsite liquor license.  The bartenders are licensed by the state and are excised trained.  People will be checked at the entrance for alcohol they’re trying to bring in by Graham Security.  Mr. Swafford asked if it’s a completely outside concert.  Mr. Prall explained there will be an area inside of their building, which has a capacity for 300 people, that will have some of the vending, a bar area, VIP setting areas for the artists but for the most part it will be outside.  Ms. Bastin asked if they have established a relationship with the Fire Chief and Town Marshal.  Ms. Prall replied she believed so but she wasn’t heading up construction, she does special events for the company.


Tony Bowlen, Town Marshal, will reserve judgment until he’s brought into the process.  This is the first he’s heard of it.  He’s looking forward to having a chance to discuss their plans.  Mr. Swafford stated he would like for them to contact the Town Marshal and Fire Chief over the next couple of weeks and come back before the Town Council after they’ve had a chance to review it.  His concern is 3,000 people in a small area.  The Town is going to have to make sure they have enough people on staff should something happen.  Ms. Prall said they will submit their security plan to the Town Marshal.  Mr. Swafford asked the Town Attorney what they need to look at from a legal standpoint.  Ms. Brown replied since this is the first she has heard of it she will have to take a look at the Town Code.  Mr. Swafford said this will be placed on the agenda for the next meeting on March 11, 2013, and they will take a look at it.  Ms. Bastin noted in Bloomington this is business as usual in Ellettsville this is new and that’s why she was pushing so hard.  Mr. Swafford added he hopes it does great because they want to promote business. 


Council Comments


Phillip Smith thanked the Street Department for doing an excellent job during the ice storm. 




Dan Swafford entertained a motion to adjourn.  Dianna Bastin made a motion to adjourn.  Phillip Smith seconded.  Motion carried.  Dan Swafford adjourned the meeting at 7:305 p.m.