May 27, 2008




The Ellettsville, Indiana, Town Council met in regular session on Tuesday, May 27, 2008, at the Fire Department Training and Conference Room.  Dan Swafford called the meeting to order at 7:30 p.m.  Brian Mobley led the Pledge of Allegiance and Phillip Smith led in prayer. 


Roll Call:  Members present were Dan Swafford, President; Dianna Bastin, Vice-President; David Drake, Brian Mobley and Phillip Smith.  Sandra Hash, Clerk Treasurer and Mike Spencer, Attorney were also present.


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


Approval of the minutes


Dianna Bastin made a motion to approve the minutes for the Regular Meeting May 12, 2008.   David Drake so moved.  Phillip Smith seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


Dianna Bastin made a motion we pay the Accounts Payable Vouchers.  David Drake seconded.   Motion carried.


Ordinances on Second Reading


Ordinance 08-03 to adopt Supplement 2008 S-5 to the Town of Ellettsville, Indiana Code of Ordinances


Sandra Hash stated this ordinance will accept all the changes, passed in the last twelve months, to the Town Code.  The updates are complete and on-line. 


David Drake made a motion we adopt Ordinance 08-03.  Dianna Bastin seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Brian Mobley – yes; Phillip Smith – yes.  Motion carried 5-0.


Ordinance 08-04 to amend Ordinance 07-14 fixing the salary budget for 2008


Sandra Hash explained before Tony Bowlen was promoted to Marshal; he was paid for two certifications that Gary Darland did not have.  When the 2008 Salary Ordinance was put together, only the “base salary” was covered for the Marshal position.  This ordinance is an amendment to accommodate the certification pay. 


David Drake made a motion we adopt Ordinance 08-04.  Dianna Bastin seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Brian Mobley – yes; Phillip Smith – yes.  Motion carried 5-0.


The following discussion took place before the vote


Brian Mobley stated certification pay is paid across the board from Officers down to Patrolman.  Dianna Bastin added Tony Bowlen was receiving the certification pay before being appointed Marshal and this ordinance will allow him to continue to receive it. 


New Business


2009 Agreement between the Town of Ellettsville and the Monroe County Public Library for local access television programming


Sandra Hash summarized the annual agreement.  The Monroe County Library provides service and facilities to the public for local access television programming of the Town Council meetings.  The Town will pay fifty percent of its franchise fee, received from cable during the 2007 calendar year.  The amount will be $11,166 payable in four equal installments of $2,791.50 at the end of each quarter of the 2009 calendar year. 


David Drake made a motion we approve the agreement between the Town and the Monroe County Public Library for the Community Access Television.  Phillip Smith seconded. 


David Drake reminded the Council they talked about the possibility of going to a “Live” broadcast of the meetings.  Has there been anymore discussion about that?  Sandra said no and she was never in on the negotiations for that but knows it never progressed.  Dan asked what would it take to go “live” and who would we need to talk to?  Sandra explained the Council would need to speak to the library because there are many factors involved.  Dan thinks this is good for the public to know what is going on and to broadcast live would be beneficial.  Dan asked Sandra to look into this and suggested this agreement be tabled until the next meeting. 


Dan withdrew the motion on the table.  Dan Swafford made a motion to table this agreement.  Phillip Smith seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Brian Mobley – yes; Phillip Smith – yes.  Motion carried 5-0.


Dan Swafford would not like the price to increase but Sandra feels it would.


Supervisor Comments


Mike Farmer, Ellettsville Utilities, requests to hire a seasonal full-time employee (Temporary Full-time Employee) for the summer to catch up on some of the “grunt work”.   Dan Swafford called for a motion to approve the hire.  Phillip Smith said “we don’t have to”.  Dianna Bastin stated the Utilities Department hires someone every year; usually a high school person.  Sandra Hash informed the Council the Personnel Policy states the Council does all the hiring and it needs to be voted on.  Mike Farmer feels this is a reoccurring position that has been approved and is in the budget.  Dan Swafford asked Mike Spencer for legal advice.  Mike Spencer said to vote on it.   Mike Farmer stated the person he is requesting to hire is Jake Thornton, an Edgewood High School graduate. 


Phillip Smith made a motion we do this.  David Drake seconded the motion to hire Jake Thornton as a Temporary Full-time employee of the Utilities Department.  Roll call vote: Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Brian Mobley – yes; Phillip Smith – yes.  Motion carried 5-0.


The following discussion took place before the voting


Dan Swafford clarified this person has not worked for the Town before.  Mike Farmer reiterated the position will be Temporary Full-time, will not receive any benefits and will be employed for 10 -12 weeks. 


Frank Nierzwicki, Director of Planning Services read a letter he received from the Indiana Office of Community Rural Affairs; “We are pleased to congratulate you on the recent announcement that the Indiana Department Transportation has awarded the Town of Ellettsville an I-69 Community Planning Program Grant in the amount of $50,000”.  Frank needs a signature from an executive of the Town board.  The Town has $50,000 for 18 months which is electronically reimbursable on a monthly basis.  Frank will work with Sandra on this.  INDOT explained to Frank it will take 60 – 90 days to get all the accounts set up.  Dan Swafford asked Mike Spencer for some legal guidance.  Mike Spencer does not review grants but recommended approval of a signature tonight. 


Phillip Smith made a motion we take these peoples money for $50,000 for the I-69 grant.  Dianna Bastin seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; David Drake – yes; Brian Mobley – yes; Phillip Smith – yes.  Motion carried 5-0.


The following discussion took place before the vote


Dan Swafford asked if we pay first and then get reimbursed.  Frank stated this is on a monthly basis reimbursement.  Dan Swafford asked Sandra if we are set up to handle an account like this.  Sandra explained she spoke with Phillip today; normally in the past, accounts were established using the specific grant title.  She will research and see if a “General Grant” account could be established.  Sandra questioned if $10,000 could be moved from the Build Indiana Grant as a loan for “set up money” to be paid back at the end of the 18 months.  Frank explained up front money is not needed giving the example:  if work is charged to a certain account, the grant money will go back to that account.  Frank would like money set up into a “General Grant” fund because there will be other grants coming in and this would give the Town more flexibility.  Sandra will research the options since we have not had a grant like this before.  Dan Swafford asked what this grant will be used for.  Frank outlined:

·        Capital Improvement Program for the Town which would help all the departments.  There is growth and there will be more when I-69 begins. 

·        “Green space”; planning ahead for park space. 

·        Wells Park; inventory plants and animals.  Work with SPEA (School of Public Environmental Affairs) to make recommendations to the Park Board on future usage.

·        Money set aside for training of elected and appointed officials on planning issues.



Tony Bowlen, Ellettsville Town Marshal announced two surplus Crown Victorias are listed on eBay.  Dan Swafford asked Tony about former Town Marshal Gary Darland, who was involved in an accident, how he is doing.  Tony explained he is doing well, is in good spirits and will recover.  Dan stated our thoughts and prayers are with Gary Darland who was involved in a golf cart accident.


Sandra Hash announced she and Amber will attend a conference for Indiana Clerks June 9 – 12.  Marion will be sitting in for Sandra at the next Town Council meeting.  Sandra will put a notice in the paper the Clerk’s Office will be closed Wednesday that week. 


Sandra received a fax from the Citizens Action Coalition stating they will be canvassing through Town this summer.  Dianna asked Sandra to forward the fax to the Police Department. 


Brian Mobley announced effective May 31, 2008 he will resign from the Council due to relocation.  He has lived in Ellettsville his entire life and all his family still lives here.  He has seen it grow from a “blinker light” with one police officer to having a major highway.  He worked for the Town for over 10 years starting as a Reserve up to a full-time officer to a Town Council member.  He thanked everyone in the Town of Ellettsville and stated this will always be his hometown.  He spoke with the Republican Party and is sending his endorsement for Scott Oldham.  Scott Oldham would work really well for this town; he is very dedicated and devoted. 


Dianna Bastin would like to amend the Town ordinance and let the supervisors hire their temporary part-time people.  The supervisors know they need these people and budget for it.  The Town Council has strong faith in the supervisors and they can pick out their temporary part-time.  This will allow the seasonal workers to start sooner instead of waiting for a Council meeting to get approval.  Dan Swafford stated we could look into this for the next meeting.  He asked Mike Spencer to help Dianna with this.  Dianna met with the Farmer’s, who explained what the seasonal employee would be doing; they know what they are looking for.  She would still like for them to announce a new employee at a meeting.




Dan Swafford made a motion to adjourn.  Dianna Bastin seconded.  Motion carried.  Dan Swafford adjourned the meeting at 7:59 p.m.