June 25, 2007




The Ellettsville, Indiana, Town Council met in regular session on Monday, June 25, 2007, at the Fire Department Training and Conference Room.  Dennis Williamson called the meeting to order at 7:30 p.m. with prayer and the Pledge of Allegiance. 


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


Supervisors Present:    Jim Davis, Jim Ragle, Jay Humphrey, Mike Farmer and Frank Nierzwicki were present.  


Approval of the minutes


Dianna Bastin made a motion to approve the minutes of the Regular Meeting June 11, 2007 and the Executive Sessions of June 15, 19, 20 and 21, 2007.   Phillip Rogers seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


Dan Swafford made a motion to pay Accounts Payable Vouchers.  Dianna Bastin seconded.  Motion carried.


Appointment of the Ellettsville Town Marshal


Ted Robertson announced the Town Council’s decision for Gary Darland as the appointment of the Ellettsville Town Marshal.  Ted Robertson made the motion.  Dan Swafford seconded.  Roll call vote:  Dennis Williamson – yes; Dan Swafford – yes; Dianna Bastin – yes; Ted Robertson – yes; Phillip Rogers – yes.  Motion carried 5-0. 


The Council congratulated Gary Darland.  Gary Darland thanked the Council for the surprising vote this evening and he will do his best.  He wants the “suburb” of Bloomington to be as proud of the town as the people are.  He has met most of the officers in the department and looks forward to working with them.  He introduced his wife, Lynn. 


Public Hearing Ellettsville Comprehensive Plan/Thoroughfare Update


Frank Nierzwicki, Director of Planning Services announced tonight is the public hearing for the Comprehensive Plan/Thoroughfare Plan.  This plan started in February with input from work groups, open meetings and recommendation from the Plan Commission. 


Todd Royer, resident on Wildflower Drive in the Meadowlands said the plan looks good and is all for it.  There have been a lot of issues in his subdivision with traffic and speeding; the proposed roads will help.  Speed bumps were installed last year but speeding is still a problem.  His concern with the plan is added traffic to Lakeview Drive.  It needs to be upgraded. 




Resolution 08-07 concerning the adoption of the Comprehensive Plan update including the Thoroughfare Plan for the Town of Ellettsville, Indiana


Frank Nierzwicki presented the resolution to adopt the Thoroughfare Plan with the Comprehensive Plan.  It was recommended for approval by the Plan Commission.  Sandra Hash read Resolution 08-07 in its entirety.


Dianna Bastin made a motion we adopt Resolution 08-07 concerning the adoption of the Comprehensive Plan update including the Thoroughfare Plan for the Town of Ellettsville, Indiana.  Phillip Rogers seconded.  Motion carried. 


Resolution 09-07 Temporary loan


Sandra Hash read the resolution in its entity.  The Ellettsville Town Council has determined that an emergency exists due to the delay of property tax distributions.  The ability to utilize temporary loans from funds having different balances to certain funds which will be depleted due to the lack of property tax distribution will enable adequate cash flow requirements and reduce or avoid the costs of borrowing funds.  The following temporary loans were made from funds having sufficient balances and will be repaid with future tax draws and/or other revenues no later than December 31, 2007.


$2,601.20        Loaned from:  Ellettsville Building Corporation Construction Fund (Police)

                        Loaned to:  Ellettsville Building Corporation Sinking Fund (Police)


$40,448.66      Loaned from:  Ellettsville Building Corporation Construction Fund (Police)

                        Loaned to:  Ellettsville Building Corporation Sinking Fund (Fire)


$43, 049.86     Total of All Temporary Loans


The bond payments for the Police and Fire Stations were due the 15th of January and July.  Normal tax distributions are received by December 31 and June 30th.  With the delay in tax bills this year, there are no provisions for making a late payment to a bond.  There is unspent money in the Police bond that we will utilize on a temporary basis.  When the tax distributions are received, Sandra will pay the money back into the Police Bond Fund.  Dan Swafford asked when we should receive the tax distribution.  Sandra explained if property taxes are mailed out this week and due by July 26 then the Town should receive the tax distribution in six or so weeks.  If we do not receive the tax distribution then we can look at our other funds.  It is possible to borrow money from the Water and Sewer Department.  A resolution will always be brought to the Council for any borrowing between funds.  As long as we borrow from within, we avoid interest costs.  Dianna asked Sandra to advise the Council when the loan is paid.  Dennis Williamson stated we are fortunate that we are able to borrow from ourselves.


Dianna Bastin made a motion that we adopt Resolution 09-07 temporary loan.  Phillip Rogers seconded.  Motion carried.


Old Business


Proposal to place an FM antenna on the McNeely Street water tower by WFHB, Bloomington Community Radio


Stanton Doyle, General Manager of WFHB explained the proposal was discussed during the last Town Council meeting.  Since that meeting, he met and discussed with Mike Spencer the legal hurdles to the antenna placement.  Mr. Doyle also has a letter of intent from Cook Inc. who will execute a partial release of the deed restrictions to allow transmission from the tower by WFHB.  A deed restriction release is still needed from Randy and Connie Cassady.   This will be tabled until July.


Supervisor Comments


Jay Humphrey, Ellettsville Police welcomed Mr. Darland aboard.  Dennis Williamson thanked and appreciated Jay for working with him and all his help during the last month. 


Frank Nierzwicki announced he will be taking vacation starting Thursday June 28 and will be back in the office Friday July 6. 


Dennis Williamson asked Jim Davis about a letter regarding Squad 8.  Jim Davis will bring the information to the Council during the next meeting.


Dennis Williamson complimented the Street Department on the Sale Street road work and the sidewalks on Vine Street. 


Public Comments


Art Hayes, resident commented about an article in The Journal stating Kenny’s Tavern wants to trade the Town parking lot for the old tavern.  He feels the building needs to be condemned and outlined some of the problems.  He brought up the paving of Kenny’s parking lot.  Some items he talked about were: the original parking lot being gravel, the green boxes not belonging to the Town and where the water lines are located. 


Dianna reiterated to Art Hayes that Mike Farmer explained the whole situation and invited him to the parking lot to answer any other questions.  Art Hayes wants to know how many square feet were torn up to do the work.


Mike Farmer would like for Art Hayes to meet him at the parking lot to discuss what work was completed.  He does not know the square footage of the parking lot and once again, explained all the work that was completed on the Kenny’s Tavern parking lot.  An eight inch water main was placed along the north boundary inside Kenny’s property limits.  A green box was placed on the alley of State Road 46 which is also on Kenny’s property.   There was a new storm sewer put in a beehive inlet behind the building traveling south along the alley behind the Masonic Lodge to Vine Street.  A new storm sewer installed.  The sanitary sewer was replaced that goes along the same path.  Three meter services were replaced with copper and brass services to insure they will not need to be replaced again.  Three individual conduit runs to the Town Hall, Kenny’s and The Journal for future consideration to take the overhead wires down and place underground to update the electrical service and improve the aesthetics.  Smithville Telephone moved some of their lines that run north and south along the alley next to Kenny’s.  It was agreed to properly pave the parking lot after all the work was complete.  The work should have been done sooner.  It was citizens, business owners and utility companies (phone, electric and gas) all working together to improve Ellettsville.  This was an efficient operation that he is proud of.


Art Hayes asked if the utility companies (Duke, PSI) helped with the cost of the parking lot.  Mike explained Cinergy, with the help of Vi Simpson, and the INDOT supervisors in charge made the whole project work.  The project was not based on that parking lot or the corner.  There were eight transformers installed and the project depended on securing the easements.  There were time constraints with INDOT and Duke Energy.  The easements were given on a verbal basis.  Weekly meetings were conducted with INDOT, all utilities and property owners; when something needed to be done the government project moved forward.  Mike invited Art Hayes out so he can explain and point out all the utilities that are running under the parking lot. 


Frank Nierzwicki was contacted by State Representative Peggy Welch this week concerning a complaint made to Elmo Gonzales in Indianapolis about the speed bumps in the Meadowlands made by Art Hayes.  Frank spoke with Mr. Gonzales who commented INDOT does not have anything to do with road situations in a city or town that is a jurisdiction of a city or town.  This is what was told to Art Hayes by Mr. Gonzales. 


Dianna Bastin thanked Mike Farmer for helping her understand the parking lot.  She welcomed Mr. Darland aboard.  Ellettsville fireworks will be July 3rd. 


Dan Swafford welcomed Mr. Darland aboard.  He asked Mike Farmer if Kenny’s parking lot was the only area affected in this project.  Mike answered there was eight miles of conduit water and sewer pipe.  A lot of yards and driveways were torn up and they fixed everything as good as or better than it was before. 


Dennis Williamson thanked Dianna and her flag task force Mike Farmer, Jim Ragle and Sandra Hash.  Mike Farmer stated Brian Miller was the front man and did a good job.  The flags were up by Memorial Day and Flag Day.  Our Town Hall finally has flags.  Dennis welcomed Gary and his wife aboard.  He thanked everyone who applied. 



Dianna Bastin made a motion we adjourn.  Phillip Rogers seconded.  Motion carried. Meeting adjourned the meeting at 8:04 p.m.