May 9, 2011





The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, May 9, 2011, at the Fire Department Training and Conference Room.  David Drake called the meeting to order at 7:00 p.m.  Dianna Bastin led the Pledge of Allegiance followed by a prayer led by Phillip Smith. 


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


Supervisors Present were:  Jim Davis, Jim Ragle, Jay Humphries, Connie Griffin and Mike Farmer.


Approval of Minutes


David Drake entertained a motion for the approval of the minutes for the Regular Meeting on April 25, 2011.  Dan Swafford so moved.  Dianna Bastin seconded.  Motion carried.


Accounts Payable Vouchers


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


New Business


ADA Presentation – Connie Griffin


Connie Griffin, Director of Planning – 19% of Indiana’s citizens are disabled.  When cities and towns were asked to rate themselves as to what their ADA transition plans were, the State of Indiana received a “C”.  This law has been around since 1990.  All public entities were to have transition plans by July 26, 1992 and transition projects were to be completed by January 26, 1995.  Currently, the Town of Ellettsville does not have a transition plan.  The Town does have some money to help finance getting this transition plan created.  There is $10,000 available through the MPO.  Both Ms. Griffin and Denise Jenkins will be drawing on the $10,000 as work hours are put into the development of this transition plan.  Public entities are defined as “any state or local government as well as a department agency or special purpose district or any other instrumentality of a state or local government.”  The Town of Ellettsville is required to develop an ADA transition plan.  In 2010, ADA rules were revised and the effective date for transition plans was March 15, 2011.  The MPO has given the Town a deadline to have a plan for the transition plan at the end of this year and we are diligently working toward this deadline.  A plan to complete some of the projects, which wouldn’t be completed within a year, is to be completed by the end of 2012.  The Department of Justice is the enforcing agency for Title II and under §504 is a component of the Rehabilitation Act of 1973 which prohibits discrimination against or on the basis of disability in programs, activities and services that receive federal financial assistance.  Our services such as this evening would require ADA compliance.  If public entities do not make every effort to become compliant with the specific regulations the federal government can refuse funding and the Department of Justice will enforce the regulations according to their time frames whether the entity actually has the money to budget and take care of those aspects at that time.  ADA self-evaluations are going to be required for all departments to cover all facilities and programs under their control.  This will typically include sidewalks, pedestrian paths, curb ramps, street crossings, driveway crossings, crosswalks, median crossings and so forth.  The accessibility of pedestrian facilities and public right-of-ways are only one aspect providing equal access.  As mentioned earlier, the Town has services, activities and programs that must also be viewed and evaluated.  The steps to compliance are as follows:


·        Designate an ADA Coordinator.

·        Bring Town Supervisors into the process and seek their guidance as well as that of the Town Council.

·        Provide a notice to the public regarding the ADA requirements.

·        Establish a grievance procedure which has already been drafted.

·        Implement ADA design standards, specifications and details identified through the self-evaluation process and public input.

·        Assignment of personnel and local citizens for task force members.

·        Approval of a schedule and budget which will require the expertise of the clerk Town Council and supervisors.

·        Town Council may also want to appoint a liaison to the task force.

·        Each department must designate one responsible employee to coordinate the ADA compliance along with the Planning Department.


At this time, the Planning Department is undertaking this process but if at any time the Town Council feels there is another person who could take over this project and do it better, she is all for it and would assist in way she could.  Although, Ms. Griffin is happy to continue in this role because of her relationship with the MPO.  The ADA transition plan should consist of the following elements:


·        Identify physical barriers in each department’s facilities that limit accessibility to individuals with disabilities.

·        A detailed description of the methods to remove those barriers and make the facilities accessible.

·        A schedule for taking on these necessary steps.

·        The names and officials responsible for the implementation.


There will be some periodic updates that will take place and will come before the Town Council in the future.  Ms. Griffin would like to start working toward the development of a task force in the near future.


David Drake – Asked if there was any action the Town Council needed to take at this meeting.  Ms. Griffin responded not at this time.


Phillip Smith – Is really interested in being involved with this project and asked if meetings could be scheduled on the same day and same time each month.  Ms. Griffin stated this will be very educational for all concerned and it sends a message to the Community that the Town cares.  It also sends a message to the region and state that the Town is going to make a difference in its community.


Dan Swafford – Thinks it will be a big task.  The Town will find out how much it is out of compliance.  Phillip Smith commented it’s just not Ellettsville, it’s a lot of towns.  Connie Griffin stated the MPO will be scrambling to get their plans completed.


David Drake – Phillip Smith will be the Town Council representative on the ADA committee and the supervisors need to be thinking of who they want to be on the committee.  Connie Griffin stated the public is also invited to ask questions and join the group.  Mr. Drake stated the problem won’t be figuring out what needs to be done but how to do it.  Ms. Griffin responded the problem will also be figuring out how to pay for it.


Supervisor Comments


Mike Farmer, Ellettsville Utilities – The painting of the McNeely tank has started.  Caldwell Tank have been contracted to paint the tank and they have begun the process.  If you go by there, you’re going to see a lot of equipment.  They will protect the outside with a shroud while they’re painting.  The process will probably take three to four weeks.  Caldwell Tank has asked how long they can work during the day and he told them as long as possible so long as they don’t get into problems with the neighborhood. At night they will work on the inside.  The tank supplies the Town with water and fire protection.  Mr. Farmer thinks it’s important for them to get in and out as fast as they can.  If there are any problems or if anyone has a complaint about the work in progress, they need to call Ellettsville Utilities.  Caldwell Tank is professional and they paint tanks all over the United States.  The tank will be out of service and information will be sent to the Fire Department and Cook.  Dan Swafford asked how long it will be out of service.  Mr. Farmer stated it could be up to four weeks but if they work long hours it could be finished sooner.


Privilege of the Floor


Russ Ryle, Reeves Road – Went to a meeting of another group last month in which Sandra Hash presented and discussed Town finances and the budget.  The discussion got into cash flow and budgetary differences.  This is the only group he regularly attends where the treasurer doesn’t give a monthly financial report on the general fund.  This would be very enlightening and if it was ongoing, people could track how the Town’s finances are doing. 


Dan Swafford - Thinks this is a good idea.  The report could be presented during the accounts payable vouchers portion of the meeting.


Sandra Hash – Stated she could produce a report on the tax based funds and the water and sewer operating funds.


Dianna Bastin - Recommended to start out by finding out which report would be easiest and leave it open for Sandra to determine.  Mr. Ryle recommended the report could be presented at the first meeting of every month and the report could be on the funds which affect the day to day operations of the Town.  Ms. Hash commented her requirement is to report to the Town Council once a month which she currently submits in printed form showing the past months activity. 




Dianna Bastin made a motion to adjourn.  Dan Swafford seconded.  Motion carried.  David Drake adjourned the meeting at 7:18 p.m.