November 13, 2007




The Ellettsville, Indiana, Town Council met in regular session on Tuesday, November 13, 2007, at the Fire Department Training and Conference Room.  Dan Swafford called the meeting to order at 7:30 p.m.  Phillip Rogers led the Pledge of Allegiance and Phill Smith led in prayer. 


Roll Call:  Members present were Dan Swafford, President; Dianna Bastin, Vice-President; Ted Robertson, Phillip Rogers and Phill Smith.  Sandra Hash, Clerk Treasurer and Mike Spencer, Attorney was also present. 


Supervisors Present:    Jim Davis, Jim Ragle, Gary Darland, Mike Farmer and Frank Nierzwicki were present.  


Approval of the minutes


Dianna Bastin made a motion that we approve the minutes for the Regular Meeting October 22, 2007 and the Work Session on November 8, 2007.  Phillip Rogers seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


Phill Smith made a motion that we pay the Accounts Payable Vouchers.  Phillip Rogers seconded.   Motion carried.




Resolution 19-07 transfer of funds


Sandra Hash read the resolution in its entirety.  More money is needed than is currently available in certain funds and the following transfers are authorized:










Computer Software/Paper


 $     2,500.00



Computer Maintenance


 $        860.98



Police Vehicles & Equipment


 $     3,360.98










Administrative Assistant Planning

 $     3,828.15







 $     2,000.00



Furniture & Equipment


 $     5,828.15










Administrative Assistant Planning

 $     2,171.85



Furniture & Equipment


 $     2,171.85








Phill Smith made a motion that we transfer the funds that are needed.  Phillip Rogers seconded.  Motion carried.


Resolution 20-07 Declaration of Official Intent to borrow $19,500 for a one year term from Peoples State Bank to finance a used bucket truck for the Street Department


Dan Swafford stated this was talked about before.  Sandra explained we will finance a used bucket truck in the amount of $19,500 at 4.25% for a one year term.  The resolution describes the vehicle, VIN number and anticipation of the loan.  When we receive our tax pay outs in December and June, we will make  payments in January and July. 


Dianna Bastin made a motion we approve Resolution 20-07 Declaration of Official Intent to borrow $19,500 for a one year term from Peoples State Bank to finance a used bucket truck for the Street Department.  Phillip Rogers seconded.  Motion carried.


Ordinances on First Reading


Ordinance 07-12 to amend sections 36.136 of the Ellettsville Town Code concerning the use of cell phones


Dan Swafford explained this was tabled at the last meeting and asked Sandra to read it.  Section 1 Section 36.136 shall be amended by adding subsection (E) Use of Cell Phones. 

  • (1) Cell phones issued by the Town shall be used for Town business. 
  • (2) The employee to whom the cell phone is issued shall be personally responsible for any charges incurred by the Town for minutes used that exceed the total minutes allowed by the Town’s plan.  The rate of reimbursement shall be that amount then charged to the Town by the cell phone company.
  • (3) Cell phones shall not be used by any employee while that employee is driving a motor vehicle.


Dan Swafford recommended leaving Section (1) and taking out Section (2) and (3).  Phill Smith stated the Police Department constantly uses their phones. 


Phill Smith made a motion that we amend the Town Ordinance 36.136 use of cell phones striking (2) and (3) and just have cell phones issued by the Town shall be only used for Town business.  Phillip Rogers seconded.  Roll call vote:  Dan Swafford –yes; Dianna Bastin – yes; Ted Robertson – yes; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 5-0. 


Ordinances on Second Reading


Ordinance 07-11 to amend section 35.04 of the Ellettsville Town Code concerning Police Reserves


Sandra Hash read the ordinance in its entirety.  Section 35.04 Compensation:  Upon proper appropriations, Police Reserves may (A) Be provided with uniforms which shall remain the property of the Town and (B) Be insured for accident coverage.


Dianna Bastin made a motion to approve Ordinance 07-11 to amend section 35.04 of the Ellettsville Town Code concerning Police Reserves.  Phillip Rogers seconded.  Motion carried. 


Ordinance 07-13 amending Ordinance 06-25 fixing of salaries for budget year 2007


Sandra Hash read the ordinance in its entirety.    This ordinance will add a provision to the General Fund for Administrative Assistant and in the General Fund Police for a Part-time Receptionist.  The Administrative Assistant salary will be from $9.00 to $14.90 and the Part-time Receptionist from $8.00 to $10.00.


Ted Robertson made a motion that we adopt Ordinance 07-13 amending Ordinance 06-25 the fixing of salaries for the budget year 2007.  Phillip Rogers seconded. Roll call vote:  Dan Swafford –yes; Dianna Bastin – yes; Ted Robertson – yes; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 5-0. 


New Business


Stonebridge Development, Alan Dick concerning upgrading the water line from 8” to 12”


Alan Dick explained they submitted plans for the development with 8” water line.  They felt the plans were approved that way.  His contractor, Larry Stanger, met with Rick Coppock to discuss some details and where the water lines would be connected at which time the water lines were only 8” and the Town would like 12”.  Alan Dick is fine with this but the problem is when the contracts were bid it was with 8” but now there will be an added charge for putting in the 12” water line.  The Town Utilities would like the 12” lines which would improve the system and help the buyers and future growth.  The additional cost would be $9,000.  Rick Coppock noticed 10 valves on the plans that are not required by the Town saving Alan Dick $4,500.  He is asking the Town to help with the difference between the costs of the two.  Dan understood, during the Plan Commission meeting, the plans were approved with 12” lines.  When the plans came back, they were changed to 8” lines.  Alan Dick agreed the plans were changed.  While accepting bids, no one knew why 12” water lines were drawn into the plans so their Engineers, Smith Neubecker, did flow calculations and submitted those to Rick Coppock.  On October 3rd, Alan Dick received a letter stating work could begin once a grading permit was obtained.  They began work on October 5th, believing everything was approved with the 8” water lines.  It was brought to their attention the water lines were incorrect when Mr. Stanger went to check on some details.  Dianna, being a member of the Planning Board, remembers the night the plans were approved as complete plans with 12” lines.  Alan Dick agreed the 12” lines were on the plans but during the bidding process is when the lines were changed.  The plans were submitted to Rick Coppock for grading, water and sewer permits at which time nothing was ever said.  There was communication during those times, regarding the flow and calculations, but they did not have anything in writing stating the 8” water lines were okay.  Dan stated the Council will take this under advisement, review it with the Supervisors and Town Attorney and have a decision at the next meeting.  Alan Dick suggested another options; instead of the Town just paying $4,500, the Town could rebate hook-on fees over a period of time. 


Larry Stanger, business man for thirty seven years, stated that in all of his years in business when the water or sewer lines are oversized or anything changes with the Municipalities’, it is usually covered and paid by the Town or City.  His company is not getting paid for the extra labor for laying the larger lines.  Dan will take it under advisement and get back to it at the next meeting.  Mr. Stanger asked where they stand because the project is currently stopped.  Dan reiterated the plans were approved with 12” lines and they will have an answer by the November 26th meeting. 


Art Hayes asked about the water lines in the other subdivisions.  Dan explained the reasoning for this is for potential growth and water pressure issues in existing areas.  Art asked the size of the water lines coming in from Bloomington.  Mike Farmer said 12”. 


New Business


Professional Service agreement between the Town of Ellettsville and Bynum Fanyo & Associates, Inc.


Mike Spencer summarized the contract from Bynum Fanyo for Professional fees.  The contract specifies the services they will provide the Town for $1,850 a month.  There will be reimbursement costs for expenses such as mailings, map printing or other documents at cost plus 20%.  The agreement can be terminated with sixty day written notice.  Mike Spencer has read and reviewed the contract.  Stuart York asked about the difference between this and the last contract.  Dan said this contract puts a cap on what the Engineer charges for services he provides.  In the past, they provided a certain amount of services and anything beyond that was extra charges.  Dan asked them to come up with a contract for a “Town Engineer”.  This will help the Town converse with Engineers more often without the “fear” of being charged each time.  Sandra read the “Scope of Services”:

IDEM Rule 13 Requirements

  • MS4 Operator
  • Monthly IDEM Reporting
  • IDEM Annual Reporting
  • Erosion Control Site Inspections
  • Erosions Control Violation Notices
  • Erosion Control Plan Reviews

Town Council Requests

  • Meetings as required
  • Drainage Complaint Reviews
  • Citizen Complaint Reviews
  • Miscellaneous Requests/Site Reviews

Plan Commission Duties

  • Meetings as required
  • Development Plan Reviews
  • Annexation Plan Reviews
  • Subdivision Plat Reviews

Street Mapping Inventory Update

Zoning/Annexation Mapping Updated

Not Included

  • Surveying
  • Design and preparation of construction plans and specifications
  • Preparation of legal descriptions
  • Water and Sewer projects


Sandra stated the past contracts included water and sewer services and this will be for Engineering.  Dan clarified the Town will be receiving more Engineering services. 


Dianna Bastin made a motion to approve the Professional Service Agreement between the Town of Ellettsville and Bynum Fanyo & Associates, Inc.  Phillip Rogers seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; Ted Robertson – yes; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 5-0.


The following discussion took place before the vote


Dan apologized for Rick Coppock not being in attendance, he had another meeting. 


Russ Ryle, Reeves Road resident asked Sandra what the dollar value of the proposed contract is and how it compares to what the Town has spent with the firm in the last year.  Sandra explained the budget is for $25,000 a year for Miscellaneous Professional.  The new contract is for $1,850 a month.  The total for a three year time frame is $82,596.84.  Russ suggested when contracts are brought up; all the figures should be presented. 


Supplemental Fire Service Agreement between the Town of Ellettsville and the Richland Township Trustee


Jim Davis presented the contract and explained the wording is exactly the same as last year.  The only thing that changed is the dollar amount with a 5% increase over last year.  The Township will pay the Town of Ellettsville for services rendered. 


Dan Swafford asked for a motion for the Supplemental Fire Service Agreement between the Town of Ellettsville and the Richland Township Trustee.  Dianna Bastin made the motion.  Phillip Rogers seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; Ted Robertson – yes; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 5-0.


Animal Shelter and Animal Management Interlocal Agreement for Fiscal Year 2008


Sandra Hash read the agreement in its entirety.  The City of Bloomington Animal Control Department enforces licensing, animal care and animal control ordinances.  County Animal Management Officers exercise similar functions within the County but utilizes the Shelter premises and staff for impoundment, adoption and euthanasia.  The County Animal management Officers exercise similar functions with the town limits of the Town of Ellettsville.  The City of Bloomington, Town of Ellettsville and Monroe County are empowered pursuant to Indiana Code 36-1-7 to contract together on the basis of mutual advantages to provide services.  The agreement will be in duration of one year.  The City of Bloomington agrees to provide the Town of Ellettsville and Monroe County the following:

  • The impoundment, general animal care, adoption and euthanasia
  • Use of supplies and equipment in the City Animal Shelter by the County Animal Management personnel
  • Assistance to the Town of Ellettsville and Monroe County in answering phone calls, dispatching service call and explaining the Monroe County animal management laws to callers
  • Accept and record payments for County license fees and to remit these funds to the County monthly


Monroe County shall administer and enforce Monroe County Animal Management Laws, including relevant kennel regulations, within the corporate limits of the Town of Ellettsville.  The County agrees to pay the City the sum of $256,644.  The Town agrees to pay the City $10,984.  Payment shall be made semi-annually to the Controller of the City of Bloomington, upon the timely submission by the City of a claim.  This is actually an annual decrease of $782.24


Dianna Bastin made a motion that we accept the Animal Shelter and Animal Management Interlocal Agreement for Fiscal Year 2008.  Phillip Rogers seconded.  Motion carried.


Supervisors Comments


Frank Nierzwicki, Director of Planning Services introduced the Planning Department’s new Administrative Assistant, Connie Griffin.  She thanked the Council for this opportunity.  Frank requested new office space at the Street Department.  There is 1700 square feet upstairs, half is presently vacant.  He has worked with the Street Department and would like to start the preliminary procedures on obtaining a lease.  Ted Robertson asked about stairways or elevators to the office space.  Frank explained the office is on the second floor and does not have an elevator.  They are looking into meeting people downstairs or another location.  Ted asked if Frank will be paying rent.  Frank is working on that and will have more details at the next meeting.  Dianna stated the building is owned by the Richland Township Trustee and not the Street Department.  Dan asked what kind of shape the building is in.  Frank answered they would share a conference room with the Street Department.  There is a kitchen area they will convert to office space.  There will be ample space for office and storage.


Sandra Hash attended the training conference in Nashville, IN.  There was a representative from Department of Local Government Finance.  The night proceeding was when the Governor outlined his new plans concerning property tax.  That became the talk of the conference the next day.  There are going to be a lot of changes.


Public Comments


Russ Ryle stated there is currently a survey being conducted online by the RBBCSC ending Thursday evening.  The School Board has spent two years reviewing the facility needs of the Junior and Senior High Schools.  What they are proposing will cost us, per household, less than fifty to seventy-five cents a day to invest in our children’s future.  The high school has three assets that we can not afford to replace; the gym, auditorium and pool.  After two years of careful consideration, they came up with a plan to spend $45 million dollars to buy the educational facility needed.  If we wait, we will be spending half to repair the existing buildings and then buy two new buildings in another twenty years. 

Evelyn Ryle reading from a prepared statement requested a non-binding resolution in support for the future educational needs of our children.  The RBBCSC is requesting guidance as to the level of support for the educational facility needs of our community today and in the future.  The
Town Council of Ellettsville supports the spending by each household served by the RBBCSC an average of between fifty and seventy-five cents a day to fund the proposed school bond issue.  These bonds will provide funding to correct existing deficiencies in its Junior High and High School buildings.  Further, they make available to our community adequate educational facilities to meet our current and projected future needs for the next twenty to forty years.  The Town Council of Ellettsville views this investment in the education of our children as the best available use of money to enhance the lives of our current and future residents. 


Russ Ryle added that he is on a fixed income and feels this is the most important investment he can personally make for future generations of this Town.  Evelyn encourages everyone to answer the survey.  Russ Ryle would like a resolution, in support, from the Town Council. 


Phillip Rogers stated he can not support a new school.  It is too much money.  He does not feel they took care of the buildings they have.  Maintenance was not done when it should have been and it is always too late to fix a problem when you wait too long.  He can not support a tax rate in this town.  It may only be fifty to seventy-five cents a day but at the end of the year that is a lot of money. 


Phill Smith noticed there are three plans for renovating and adding on to the existing high school.  Russ explained the high school renovation will be completed in three stages.  The immediate work needed will be done first; the roofs on both schools. The buildings are 40 years old and over their design limit.  The problem with the junior high is it is worn out and is remodeling is within five to six percent of starting over.  To rework the existing building now will still call for a new building in ten to twelve years.  The two new schools are structured to add new wings and rooms.  The problem with the junior high is there is no room to expand.  Phillip Rogers stated most of the talking will be done by the tax payers.  We are presently paying $2.37 per $100 assessed value going to the school leaving sixty-seven cents for the town.  The only way to get more money is to raise taxes. 


Sherry Hayes had a few questions for the Town Council.

She requested there be no meetings in the conference room the night before primary and general election.  The local Election Board is in charge of setting up the voting area by 6 p.m. the night before.  There have been meetings in the room before both elections.  Dan Swafford suggested Sherry have the room reserved.  Sherry Hayes mentioned this to the Clerk’s office, which handles the election, they think it is automatic.  Dan stated that with some planning, this could be worked out. 


How much money has the Town spent that was not budgeted since January 1.  Sandra answered only one additional appropriation was done this year out of the “Rainy Day” fund for the Planner’s vehicle.  There has been no over spending in any appropriation at all.  The transfer completed tonight is moving money around with in departments. 


Is there a standard Personnel Policy to cover all the departments or does each department have different policies.  If they are different, could that cause Human Resources problems in the future?  Sandra stated the Town Personnel Policy is on-line in the Town Code; with the Fire and Police having different sections, per Indiana Code. 


Suggested the Town provide a pamphlet to new residents with important information.  Sandra responded by saying the Chamber of Commerce is working on that. 


Sherry Hayes agrees with Phillip Rogers.  She moved to Ellettsville in 1978 and the taxes have never gone down.  Having more people in the town has not lessened the tax burden.  The high school and grade school she attended are still in use.  What are we doing with our school buildings that we can’t keep them going for many years?


Jay Brinegar, local businessman, has a petition in order regarding a goat issue.  He is trying to settle the issues of maintaining a pet at Eagles Landing.  October 19 or 20, he met with Frank Nierzwicki who gave him two options:  file a variance or file a petition for “special use”.  Jay Brinegar picked up the forms and researched both options.  Frank then gave him a third option; petition for Administrative Appeal.  Jay Brinegar decided to do the petition for “special use”, filled out the proper paper work and requested to Frank Nierzwicki to be present in case there are any questions.  The Planning Commission met and Jay was not notified.  A copy of Jay’s filed papers and complaints were given to the Commission.  Dan Swafford received a copy but has not had time to read it.  Dan will read it, take it under advisement and get back to Jay.  Jay Brinegar feels he was misrepresented by Frank Nierzwicki at the Plan Commission meeting.  Frank stated Jay made a special request for the Planners to hear this request.  He felt meeting with the Plan Commission would be better than getting the BZA together.  Dan clarified Frank brought up whether this should be heard at the BZA or Plan Commission.  Nothing else was discussed.  Jay asked whose responsibility is it to make sure the paperwork is correct.  The paperwork states Jay needs to contact the land owner’s adjacent to the property.  If this is an administrative issue about interpretation, he does not see why it needs to be forwarded to all the adjacent land owners.  Jay clarified to Dan he filled out the Petition for Special Use by the Town of Ellettsville form that is forwarded to the Plan Commission.  Dan Swafford will take this under advisement and have the Town Attorney Mike Spencer look over it.  Dan asked Sandra to get copies of everything Jay has filed to Mike Spencer. 


Art Hayes asked why papers are being filled out on a pet.  Does everyone have to?  Frank Nierzwicki stated the Town Council is not hearing the review.  It is inappropriate for the Council to discuss this case on the merit of it.  The Council will not hear this case.  It is not going to be a hearing.  Dan stated to Art Hayes the goat is considered livestock. 


Town Council Comments


Dianna Bastin announced, the ladies at the Richland Township Trustee’s Office, they are holding a toy fundraiser Saturday, November 17th at 6 p.m. at the Hoosier Bar & Grill.  There is a list of people who have donated door prizes.  Bring a toy or donate five dollars.  She congratulated the Edgewood High School Mustangs football team on an excellent job this year. 


Dan Swafford stated the Richland Township Toy Drive raised a lot of funds and toys last year.  The toys are for the children.




Phillip Rogers made a motion to adjourn this meeting in good order.  Dianna Bastin seconded.  Motion carried.  Dan Swafford adjourned the meeting at 8:47 p.m.