May 1328, 2013






The Ellettsville, Indiana, Town Council met for a regular meeting on Tuesday, May 28, 2013, at the Fire Department Training and Conference Room.  Scott Oldham called the meeting to order at 6:30 p.m.  Dianna Bastin led the Pledge of Allegiance followed with a prayer by Sandra Hash.


Roll Call:  Members present were Scott Oldham, President; Dan Swafford, Vice President; Dianna Bastin and David Drake.  dPhillip Smith was absent.  Sandra Hash, Clerk Treasurer, and Darla Brown, Town Attorney, were also present.


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


Open Quotes for Tandem Dump Truck and Mini Excavator for Ellettsville Utilities


Darla Brown, Town Attorney, outlined the quotes received for the mini excavator as follows:


·         MacAlister Rentals, Indianapolis:  Caterpillar hydraulic excavator has a list price of $57,566 and a selling price of $38,739.

·         Smith Implements, Bloomington:  John Deere hydraulic excavator for $42,069.

·         Bobcat, Indianapolis:  Compact excavator $33,979 (includes a discount).


Mike Farmer, Ellettsville Utilities, requested the Town Council take this matter under advisement to give them an opportunity to look at the quotes. 


Darla Brown continued with the quotes for the dump truck:


·         Sternberg International, Jasper:  International cab and chassis for $82,169.60; Meyer bed for $22,645; Pal Fleet Bed for $19,561; International cab with Pal Fleet bed $101,730.60 and an International cab with Meyer bed for $104,814.60.

·         Stoops:  Freightliner with cab and chassis for $105,175; Pal Fleet bed for $19,561.13; MTE bed, no bed tarp for $23,225 and Clark bed, no bed tarp for $22,997.

·         Stoops Freightliner:  Freightliner cab with Pal Fleet bed for $124,736.13; Freightliner cab with MTE bed for $128,300 and Freightliner cab with Clark bed for $128,172.

·         Stoops Freightliner:  2014 Freightliner with a tandem axle dump truck with a Henderson dump body for $105,045 delivered.


Dan Swafford made a motion to take this under advisement and bring it up at the next meeting.  Dianna Bastin seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; and David Drake – yes.  Motion carried 4-0.


Approval of Minutes


Scott Oldham entertained a motion for approval of the minutes for the regular meeting on May 13, 2013. Dianna Bastin so moved.  David Drake seconded.  Motion carried.


Accounts Payable Vouchers


Scott Oldham entertained a motion for action to pay Accounts Payable Vouchers.  PDan Swafford so moved.  David Drake seconded.  Motion carried.




Resolution 07-2013Appointment to the Ellettsville Building Corporation


Darla Brown explained there is a vacancy for the Board of Directors because John Emmons tendered his resignation.  The purpose of the resolution is to nominate Dennis Williamson as the new member of the Board of Directors to fill Mr. Emmons’ spot. 


Scott Oldham knows Mr. Williamson personally.  He is a fine gentleman and is more than willing to do this.


Scott Oldham entertained a motion to appoint Dennis Williamson to the Ellettsville Building Corporation.  Dianna Bastin made a motion to appoint Dennis Williamson to the Ellettsville Building Corporation.  David Drake seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; and David Drake – yes.  Motion carried 4-0.


Resolution 08-2013 to Establish a Transitional Measurement Period, an Administrative Period and a Stability Period for the Town of Ellettsville for Purposes of the Patient Protection and Affordable Care Act (“Act”)


Darla Brown explained this resolution is to establish the Transitional Measurement Period which is optional.  Employers do not have to do this but if sometime down the road the Internal Revenue Service (“IRS”) wants to levy a penalty for failure to comply with the Act,the Town can show how it determined which employees were eligible for coverage.  If this isn’t done, the Town will be forced to account for employees for each month of the year and look back to see who qualifies for coverage.  The IRS says if they establish a measurement period or a lLook bBack pPeriod, all the employees the Town finds to be full time during that period qualify for coverage for the next year which is the stability period.  At the suggestion of J.A. Benefits, she picked a measurement period beginning June 1st and ending November 30th.  If they are inclined to do so they can make the measurement period whatever they want but it has to be longer than three months.  Every employee who’s determined to be a full time employee, meaning they work 30 hours or more a week, has to be offered coverage starting January 1, 2014.  The administrative period will be from December 1st to December 31st.  The Town has the opportunity to enroll those employees and offer them coverage.  The stability period is January 1, 2014 to December 31, 2014.  During that period, all of the employees who were determined to be full time during the measurement period have to be offered coverage. 


Dan Swafford asked how many employees are eligible.  Ms. Brown replied there are a total of 57 or 59 employees and there were only a hand full eligible for coverage.  Mr. Swafford asked if the baseline period has to be done yearly.   Ms. Brown responded the Federal Register says all applicable employers have to have a system in place for tracking the new employees.  They won’t be penalized for not offering coverage to the new full time employees for the first 90 days.  The Town has 90 days to get them enrolled.  They have to be able to track those employees who are part-time, seasonal, variable employees and when they flip over into full time they have to be offered coverage.  The Federal Register says you can use the same system to calculate the measurement period.  This will lead to some strange results.  She thinks what the IRS intends is a measurement period but it’s not necessarily going to be June 1st to November 30th for the new employees.  She is trying to figure out how to do this.  Mr. Oldham asked if they’re waiting on court rulings to iron this out.  Ms. Brown thinks there were some hearings in Washington, D.C. in March or April of this year and the IRS is going to issue its final rulings on this matter. 


David Drake asked if an employee was to work 31 hours one time during that period does that make them a full time employee.  Ms. Brown replied it has to be an average of 30 hours a week.  If the Town Council is inclined to vote on this she has some suggestions.  She used the words Look Back Measurement Period and Transitional Measurement Period interchangeably and it was suggested it is confusing.  She suggests in the resolution to delete Transitional Measurement Period and insert Look Back Measurement Period.  They mean the same thing but to avoid confusion the same language needs to be used throughout the resolution. 


Scott Oldham knows the Town has some seasonal employees and if they average 30 hours during those months would they have to offer insurance for the entire year although they were not employed for the other six months?  Ms. Brown said that’s correct.  This is why they used six months as opposed to the summer.  It can be extended if they want to.  Everyone who is a full time employee during the Look Back Measurement Period is to be offered coverage in 2014.  Mr. Drake asked if they were to only work six months and then they were no longer needed, would they be eligible for Cobra.  If anyone else loses their job they can go on Cobra.  Ms. Brown answered if there is an actual severance of employment the Town has to offer Cobra.  If they

average 30 hours a week and they’re still employed January 1st they have be offered coverage for the entire year.  Mr. Oldham asked about the 24 hour shift firefighters work.  If a part-time officer works 12 hours over and has 36 hours, and does that three or four times do they have to be offered coverage.  Ms. Brown replied if they average 30 hours a week they have to be offered coverage January 1st.  Hours will have to be tracked. 


Fire Chief Jim Davis advised they conducted a look back period for 12 months in 2012 and they had five part-time employees who qualified with an average of more than 30 hours a week.  Mr. Swafford asked the total number of part-time employees.  Chief Davis replied there are 23 or 24.  Mr. Oldham asked if they could technically gain five full time employees under the Affordable Care Act.  Chief Davis answered when they asked employees at that time if they would require insurance, all but one said they would not require insurance because they had it elsewhere.  Mr. Swafford’s concern is if the Fire Department has 26 part-time employees and five get insurance this year and five do it next year, do they re-evaluate each year.  Chief Davis answered there won’t be five this year and five next year because it’s the same hours.  Mr. Swafford stated if there’s another re-evaluation period there would be a total of ten.  Eventually all part-time people could be covered by insurance.  Ms. Brown replied it’s her understanding that the purpose of establishing a Look Back Measurement Period is to determine who are full time employees and eligible for insurance.  The Town will have to have something in place to track those employees who are new.  The Town doesn’t know if they’re going to be full time or part-time, the part-timers who flip over to full timeor seasonals who flip over to full time.  This resolution addresses step one.  The Town should have some type of method in place for tracking those employees.  Chief Davis doesn’t think there will be 26 people coming on to the Town’s health insurance.  They have two people who qualified for insurance in 2012 but won’t qualify this year because things changed in their lives and they don’t want to work as many hours.  Two other people have taken their place.   There’s always going to be a constant fluctuation.


Dianna Bastin asked once they have insurance and then drop back or quit, are they always on insurance.  Ms. Brown replied as long as they’re employed in 2014.  At some point if they drop back down to part-time the Town can say they don’t get coverage any more.  She is trying to figure out at what point the Town can do this.  Ms. Bastin said if it came up and the employee offered to pay for it it would be their responsibility.  Ms. Brown said it is clear if they’re a full time employee in the measurement period this year, they get coverage for the entire 2014 year even if they drop down to part-time.  The year 2015 is a different question. 


Scott Oldham entertained a motion to adopt Resolution 08-2013 to establish a Llook bBack pPeriod, an aAdministrativepPeriod and asStability pPeriod for the Town of Ellettsville for purposes of the Patient Protection and Affordable Care Act as amended.  Dianna Bastin made a motion to adopt Resolution 08-2013 to establish a lLook bBack pPeriod, an aAdministrative pPeriod and a sStability Pperiod for the Town of Ellettsville for purposes of the Patient Protection and Affordable Care Act as amended.  David Drake seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; and David Drake – yes.  Motion carried 4-0.


Ordinances on Second Reading


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


Darla Brown explained this was introduced at the Town Council meeting on March 11, 2013, and .  Ththis is the hearing on the proposed ordinance.  The Town Council has already adopted the resolution and fiscal plan.  This is an opportunity for adjacent landowners to come and speak their mind to the Town Council.  The Town Council cannot vote at this meeting.  They have to wait at least 30 days from this hearing so the next opportunity the Town Council would have to vote on this is the July 8, 2013 meeting.


Dan Swafford asked if all certified letters have been mailed to the owner, adjacent property owners and CVS, who is renting the property.  Ms. Brown advised Tthere were some individuals who have not claimed their certified mail. Specifically, the owner of the property did not claim the certified mail.  By statute as long as it was sent to the proper address and if he doesn’t get notice, it doesn’t void the annexation.


Scott Oldham entertained a motion to table Ordinance 2013-04.  David Drake made a motion to table Ordinance 2013-04.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; and David Drake – yes.  Motion carried 4-0.


Ordinance 2013-05 to Amend Section 93.17 of the Ellettsville Town Code Concerning Removal of Excessive Weeds and Vegetation


Dan Swafford advised they aren’t ready to proceed with the ordinance.


David Drake made a motion to table Ordinance 2013-05.  David Drake seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; and David Drake – yes.  Motion carried 4-0.


Old Business


Release for Cross Paint and Body Shop


Darla Brown explained this is a proposed release and settlement agreement between the Town and Cross Paint and Body Shop for work performed on a police vehicle.  The amount is $2,105.71.


Scott Oldham entertained a motion to approve the release and settlement agreement between the Town and Cross Paint and Body Shop as amended.  David Drake made a motion to approve the release and settlement agreement between the Town and Cross Paint and Body Shop as amended.  Dan Swafford seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; and David Drake – yes.  Motion carried 4-0.


New Business


Community Service Work


Dianna Bastin is concerned about Person X doing community service for one of the departments in Town.  She saw the person on Town equipment.  She’s not against community service.  She thinks the Town needs strict parameters and the Council needs to know in advance.  Having the person sign a hold harmless agreement is great but it doesn’t prevent them from suing the Town or getting hurt.  The community service may be over.  She saw Person X on May 8, 2014, and it never came before the Town Council.  Mr. Oldham thinks there’s definitely some liability to be considered.  Ms. Bastin said there’s a place for community service.  The Township Trustee has worked with the Town and there are certain things they can do.  This is a different type of community service. There  are reasons people do community service and factors are involved.  There are things that need done when they show up for work to make sure they’re safe and the Town is safe.  If they’re going to perform the duties and use the Town’s equipment then they need to have the same licenses and certificates in order to do so. 


Scott Oldham thinks there’s a difference in community service with Boy Scouts and some other groups wanting to do improvements and someone with a court ordered community service agreement.  Is the Town more exposed with court ordered community service than with volunteer community service?  Ms. Brown replied the Town is actually a little more protected.  Person X signed a general condition of community service which states he is responsible for any medical costs incurred if injured during program activities.  Person X signed this document before beginning his community service work.  Mr. Swafford asked if the court system has things in place.  He thinks the Town would be protected more by community service than the Boy Scouts.  Community service is great and he understands Ms. Bastin’s concerns about equipment.  He doesn’t think any of the supervisors would put any community service employees on running a fire truck or any other equipment.  It’s free work and helps their departments.  Ms. Bastin has a different understanding from her line of work.  These people are not doing community service because they couldn’t pay a bill.  It’s because they made a wrong choice.  There’s testing and because of their choices she wouldn’t want them working in Town.  Parameters need set and she disagrees it’s free labor.  She’s talking about equipment bigger than a weed eater.  Mr. Oldham suggested Ms. Bastin and maybe other Town Council members should work with supervisors and draft an ordinance or understanding with the approval of the Town Attorney.  It would provide the supervisors with an understanding of what they want them doing or not doing.  Ms. Bastin thinks before community service begins the Town Council should be notified by email and a hard copy.  Person X is not a bad person and they love Ellettsville.  She knows them.  She doesn’t think they should be used as free labor.  The Town isn’t here to punish them.  They’re here to help them give back to society for a bad choice. 


Darla Brown commented this was an unusual situation.  She doesn’t know how often it will come up.  It’s her understanding Person X asked to do his community service here.  His public defender made arrangements with the court for him to do it.  If it comes up again, the Town doesn’t have to accept a particular person on community service.  Ms. Bastin said it’s a fine line because the Town Council hires and fires.  If someone is going to come and work then the Town Council needs to approve it.  Mr. Swafford can appreciate being notified but he believes the Town Council was.  Ms. Bastin said they were not.  She received a copy of an email from the Town Attorney addressed to someone else with the hold harmless agreement.  Mr. Swafford said it was his fault he thought everyone knew about it.  Mr. Oldham said this was a special circumstance with an individual with some special skills.  Ms. Bastin said for 35 hours Person X was under the umbrella of Ellettsville and they were responsible for him.  If he would have been hurt she would have wanted to help pay for it.  One Council person knowing is not good when it involves an employee or someone operating their equipment.  She will help write policy.  In the meantime, the Council needs to be notified.  Mr. Swafford wants to assist in establishing a policy.  He doesn’t like the point of being prejudice against anperson for what they may have done.


Council Comments


Dan Swafford advised on Wednesday, May 29, 2014, from 6:00 p.m. to 9:00 p.m., at the Ellettsville Fire Department conference room, they will be discussing the food and beverage tax that will affect Ellettsville residents and restaurants in the Ellettsville area.  Everyone is welcome to come out and state their opinion.  They will have representation from the County Council, County Commissioners and he will be in attendance.  This is a public meeting that has been advertised. 


Supervisors Comments


Mike Farmer, Ellettsville Utilities, was approached by representatives from AT & T Mobile. They are interested in installing an array of antennae on top of the McNeely tank.  This would be a co-location with T-Mobile.  They sent a contract which was forwarded to the Town Attorney.  She is examining the T-Mobile contract to make sure there aren’t any conflicts.  They will make sure there are not any problems with what they do to keep Caldwell Tank in good working order.  Rick Coppock has reviewed the engineering schematics.  They’re ready for negotiations.  He is requesting permission to move forward with negotiations.  Once they have an appropriate agreement he will bring it before the Town Council.


Scott Oldham asked if they will be similar to the T-Mobile antennae.  Mr. Farmer said it will look exactly like T-Mobile’s antenna.  There will be a small building built outside adjacent to the tank that will be for AT & T equipment.  The plans show the placement of a light on top. The tank is 159 feet tall and with placement of the antennae it will probably reach 190 feet.  It also has a lightning rod.  Mr. Swafford asked if the Town will incur any cost in the building.  Mr. Farmer replied no and it will do two things for the rate payers.  It will take some of the burden off of maintaining the tank and they will receive a substantial amount of money for locating their antennae on the tower.  Secondly, it will enhance AT & T’s coverage.   Mr. Swafford asked how quick they’re moving on this.  Mr. Farmer answered they’re ready to go.  Mr. Farmer asked if there was anything that needed discussed with Planning.  Mr. Farmer sent the application to Connie Griffin and once they decide to move forward she will be involved.  Ms. Bastin stated because they’re government she didn’t think they would be subject to all the guidelines.  Mr. Farmer thinks it’s appropriate to have Planning involved.  Mr. Oldham told Mr. Farmer to proceed. Ms. Bastin asked if they will be inside the fence.  Mr. Farmer replied they do not have a fence.


Fire Chief Jim Davis has four part-time firemen who were hired over one year ago.  They start at less than full salary and then give them a raise at six months.  After a year they go to full salary.  Those four people are Steven Medley, Anthony Mullis, Trampass Prather and Rayman Warthan.  The full pay for part-time people is $10.15 an hour.  He is requesting they be moved to $10.15 an hour. 


Scott Oldham entertained a motion to approve the raise for the four part-time Fire Department employees.  Dan Swafford made a motion to approve the raise for the four part-time Fire Department employees.  David Drake seconded.  Roll Call Vote:  Scott Oldham – yes; Dan Swafford – yes; Dianna Bastin – yes; and David Drake – yes.  Motion carried 4-0.


Connie Griffin, Director of Planning, invited Town Council to look at the Planning Department’s new website.  All forms have been updated.  There are new zoning maps, new links and public service announcements. The Street Department has been added and there are sections on Stormwater, Americans with Disabilities Act, Heritage Trail and planning reports.  There will be materials available for the Plan Commission meetings.  The website is  Dan Swafford commented the website looked nice.


Sandra Hash previously forwarded an email about having to do a data conversion for the new accounting software and additional charges.  She talked to Utilities about the cost.  This has to be done two times.  Once to get the program started and again before they go live with the software. 

Town Marshal Tony Bowlen is asking the Town Council’s approval to hire two new people.  They will be paid out of the part-time fund and the money is



Scott Oldham entertained a motion to adjourn.  Dianna Bastin made a motion to adjourn. Dan Swafford seconded.  Motion carried.  Scott Oldham adjourned the meeting at 7:24 p.m.