July 11, 2016




The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, July 11, 2016, at the Fire Department Training and Conference Room.  Scott Oldham called the meeting to order at 6:30 p.m.  Dianna S. Bastin led the Pledge of Allegiance followed with a prayer by Scott Thomas.


Roll Call:  Members present were Scott Oldham, President; Dianna S. Bastin, Vice President; Scott Thomas, Kevin Farris and Brian Mobley.  Sandra Hash, Clerk-Treasurer; Darla Brown, Town Attorney; and Jim Davis, Town Manager, were also present. 


Supervisors present were:  Mike Cornman, Danny Stalcup, Kevin Tolloty, Mike Farmer and Jeff Farmer.  Deputy Marshal Eric Chaudion represented the Police Department.


Approval of Minutes


Scott Oldham entertained a motion for approval of the minutes for the regular meeting on June 27, 2016.  Kevin Farris so moved.  Scott Thomas seconded.  Motion carried.


Accounts Payable Vouchers


Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers.   Brian Mobley had questions on claims which were answered by the supervisors.  Dianna S. Bastin advised the purchase of three notebooks cost approximately $1,449.  Dianna S. Bastin so moved.  Kevin Farris seconded.  Motion carried.




Resolution 16-2016 to Authorize Ellettsville Town Council President,  Brian Scott Oldham, to Execute the Town of Ellettsville’s Nondiscrimination & Accessibility Letter of Commitment to Indiana Department of Transportation (“INDOT”)


Denise Line, Planning Department, read the following statement:  “As a recipient of federal funds INDOT implements compliance with Title VI of the Civil Rights Act of 1964 and related statutes and regulations to ensure that no person is excluded from participation and denied the benefits of or subjected to discrimination under any program or activity on the grounds of race, color, national origin, disability, sex, sexual orientation, gender identity, religion, age, low income status or limited English proficiency.”   This applies to all public entities whether or not they have received federal funds.  INDOT is now requiring all public entities to prepare a Title VI Implementation Plan which will also consist of several documents as outlined in the Nondiscrimination and Accessibility Letter of Commitment.  The Letter also includes a schedule for providing this documentation to INDOT.  The resolution gives Scott Oldham the authority to sign the letter to INDOT.


Dianna S. Bastin asked if this is a formality as the Town has always followed it.  Ms. Line answered yes, and described the documents that will be prepared over the next two years.


Scott Oldham entertained a motion to approve Resolution 16-2016.  Dianna S. Bastin made a motion to approve Resolution 16-2016.  Kevin Farris seconded.  Roll call vote:  Scott Thomas – yes; Brian Mobley – yes; Kevin Farris – yes; Dianna S. Bastin – yes; and Scott Oldham - yes. Motion carried 5-0.


New Business


Release of Letter of Credit for Phase I of Hidden Meadow; Henry’s Fork, LLC, Petitioner


Kevin Tolloty, Planning Director, requested this matter be tabled until the next meeting because certain improvements have not been completed.  Mr. Oldham asked for a synopsis of the remaining items to be completed.  Mr. Tolloty answered some sidewalks and curb ramps need put in, asphalt top coat put down, and a few other things they requested be completed approximately one month ago.  Ms. Brown asked when the Letter of Credit expired.  Mr. Tolloty replied July 15, 2016.  Henry’s Fork, LLC has another open Letter of Credit for Phase II and will be requesting another one for Phase III.  He doesn’t anticipate any problems with getting the work done or having them renew it later.  Mr. Oldham asked since this expires on July 15, 2016, will it become a moot point.  Ms. Line answered some banks require a formal release by Town Council even if it has expired.  Ms. Brown suggested putting it on the agenda for the next meeting and if the work hasn’t been done then don’t release it.


Dianna S. Bastin asked if it is because they’re building three or four houses at the same time.  Mr. Tolloty answered there are a couple of houses being finished that don’t have sidewalks in and they’ve accounted for that.  They’re supposed to put in a top coat of asphalt, curb ramps and some other things that should have been done in the past couple of weeks.  Their intention is to have everything done without renewing the Letter of Credit.


Scott Oldham entertained a motion to table the release of the Letter of Credit for Phase I of Hidden Meadow.  Dianna S. Bastin made a motion to table the release of the Letter of Credit for Phase I of Hidden Meadow.  Kevin Farris seconded.  Roll call vote:  Kevin Farris – yes; Dianna S. Bastin – yes; Scott Oldham – yes; Scott Thomas – yes; and Brian Mobley – yes. Motion carried 5-0.


Council Comments


Brian Mobley explained someone called him regarding their water bill showing the levels for contaminants are still fluctuating.  They asked if the new waterline reduced the ratio of what is in the lines.  Mike Farmer answered for peak usage they use 800,000 to over 1 million gallons of water a day this time of year.  The numbers for the disinfectant byproduct are coming down.  They again received a violation from the last four quarters.  Until the numbers come down consistently they can have a violation based on past numbers.  The numbers aren’t coming down so, therefore, the average is not coming down.


Dianna S. Bastin commented they received a report in the water bill.  Is this what they’re referring to?  Mr. Farmer replied no, they received the Consumer Confidence Report required yearly by the Indiana Department of Environmental Management.  The report looks at the water quality, maximum contaminant levels and the type of water.  Ms. Bastin noted the bottom of the water bill lists the violations along with an explanation of what causes it and what is normal.  Mr. Farmer stated disinfectant byproducts are more prevalent in surface water systems than well waters.


Brian Mobley said their hearts go out to Dallas, Texas, because of recent events.


Town Manager Comments


Jim Davis, Town Manager, advised the exterior walls of the new Town Hall are up and they will be starting on the interior walls.  Roofs have been put on the storage and concrete safe rooms.


Supervisor Comments


Darla Brown, Town Attorney, announced the first meeting of the Monroe County Income Tax Council is tentatively scheduled for July 21, 2016, at 5:30 p.m. in the City Council chambers at the Showers Building.  She would like for a couple of Town Council members and Jim Davis to go with her.  The purpose of the meeting is to formulate guidelines for additional funding applications and determine the percentage of the funds gleamed from the tax that should go to townships.  It will not be a meeting wherein the Income Tax Council decides who gets the money and how much.  It is to formulate general guidelines for the future.  Town Council members could think about how they want to approach this in the future.  Meaning, do they want to appoint one of the members of the Town Council to go to the Income Tax Council meetings and represent Ellettsville by resolution?  Do they want a setup where policies are formulated and brought back to the Ellettsville Town Council for consideration? 


Scott Oldham mentioned there have been some communication between the councils to make sure they all have attendance at the meetings so they have a quorum.


Privilege of the Floor


Russ and Evelyn Ryle has lived on Reeves Road for 30 years.  They enjoy the Town’s fireworks.  He photographs the fireworks and for the first time the fireworks were literally overhead.  Their neighbor had embers falling on the pool cover and house roof which he sprayed with a garden hose.  They presented three baggies of shell fragments from the fireworks recovered from their yard.  They had more on their roof and front yard.  When they first starting having fireworks it was lovely.  They’re in the middle of a neighborhood and there is no place to drop the shell fragments.   The Town has about built themselves out of a fireworks range.  Normally, the shells go up and burst.  The aerials were going off farther south than they have ever before.  He loves the fireworks and will have guests over to watch them next year.  He hopes they will not go off in such a manner that he has hot embers coming down on his head while he is trying to take photos of the fireworks. 



Scott Oldham entertained a motion to adjourn.  Dianna S. Bastin made a motion to adjourn.  Kevin Farris seconded.  Scott Oldham adjourned the meeting at 6:54 p.m.