November 23, 2009



The Ellettsville, Indiana, Town Council met for a Regular Meeting on Monday, November 23, 2009, at the Fire Department Training and Conference Room.  Dianna Bastin called the meeting to order at 7:30 p.m. with the Pledge of Allegiance.  Phillip Smith led in prayer. 


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


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


Approval of Minutes


Dianna Bastin entertained a motion for the approval of the minutes for the Regular Meeting November 9, 2009.   Scott Oldham so moved.   David Drake seconded.  Motion carried.


Accounts Payable Vouchers


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


Meeting Schedule for 2010


The 2010 meeting schedule was tabled last meeting due to a question regarding the meeting time for the Planning Commission.  Dianna Bastin received an email from Connie Griffin who polled the Planning Commission regarding this and by a vote of 5-2; the Commission will keep the meeting time at 6:00 p.m.  Therefore, Council is now ready to vote.  Dianna Bastin entertained a motion to accept the meeting schedule for 2010.  Phillip Smith so moved.  Scott Oldham seconded.  Motion carried.


Old Business


New Director of Planning Services and Administrative Assistant


Scott Oldham introduced the previous issue of the Planning department and appointment of a Director of Planning Services and the vacancies that are in that department.  Scott Oldham made a motion to remove Interim Director of Planning Services title from Connie Griffin and tonight name her the Director of Planning Services.  Along with that, move that we authorize her, within a certain time frame, to hire an administrative assistant on a part-time basis to assist with the running of that department under her direction.  Phillip Smith seconded.  David Drake amended the motion to add in that the part-time person should be 20 hours a week at $10 an hour and, along with the promotion to the Director of Planning Services from Interim Director, there would be an increase in salary to $40,000 a year.  Phillip Smith seconded.


The following discussion took place before the vote:

Sandra Hash asked for clarification on when the salary change would take effect.  Scott Oldham answered the change would begin January 1, 2010.  Dianna Bastin remarked that this has been an ever-changing discussion.  Council has received input from several people and she thanked them.  David Drake reminded the Council of the discussion regarding having a 16 hour per week Certified Planner, but ended up staying with Connie Griffin.  He commented that she has been doing a great job.  He said Council would be keeping some money in the budget so that if something comes up in which a Certified Planner is needed, one can be hired as a temporary consultant.  He announced that Connie Griffin is working on getting her certification.  Dianna Bastin stressed that this was a way to look at the finances and the cost of this department and adapt it for the changing times.


Roll call vote:  Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes.  Motion carried 4-0.


New Business


Request from Monroe County Library concerning continuing televised Town Council Meetings with the Community Access Television Station (CATS)


Michael White, General Manager of CATS stated Sarah Laughlin, who was with him at the meeting, put together a letter as follow-up to the Council’s decision not to fund the coverage of Council meetings for next year.  CATS has not received a response to that letter from the Council as of yet.  He went on to summarize the letter which presented an offer from the Library to continue coverage for a year, if at the end of that year the Council would guarantee at least 50% of the franchise fees to CATS in 2011 for the continued coverage of Council meetings, as well as Richland-Bean Blossom Community School Corporation, and other activities in the town.  Michael White asked if anyone had any questions regarding the proposal and went on to ask if the Council, as a body, liked the proposal.  Dianna Bastin expressed her concern over promising money in 2011 when the Council doesn’t know where they are going and doesn’t want to enter into a future contract.  She understands that 3% is being collected at this time, but hasn’t heard from the letter that inquires about the 5%.  She does not want to vote to extend the monies beyond 2010.  Michael responded that he understood.  He reiterated for those not present that the Town of Ellettsville has had a long-standing 3% franchise agreement.  Franchise fees are paid by a cable operator for use of public rights of way.  There is a federal limit of 5% and unfortunately, Ellettsville had only a 3% for many years.  He spoke to Sandra Hash, who worked with him to word a letter to TCI Holdings of Indiana, which is who the state certificate is granted to when the law changed on cable.  Sandra Hash will check again with TCI Holdings of Indiana to see what their response is to that letter.  Scott Oldham remarked it was not something the Council would revisit once a decision from TCI Holdings is received and that it was premature for the Council to comment on what may occur without some type basis of fact.  Michael White added that the conveyance of live signal was a possibility with the advances made by Smithville Digital.  His hope is they will be able to provide these meetings live and the goal all along has been providing this service.  Dianna Bastin reassured Michael White the Council didn’t remove the funding from the budget lightly and that it is on their list to revisit when they see where they are going.


Agreement between the Town of Ellettsville and Komputrol for Disaster Recovery


Sandra Hash introduced the annual agreement for disaster recovery.  This is the annual agreement the Town has had for quite some time.  Darla Brown did review the contract and she had some comments.  Her letter was provided to the Council for review.  Scott Oldham asked if this was a continuation of what had been in effect for several years and Sandra Hash reiterated that it was the same.  She explained that it allows her office to send data to them twice a year and Komputrol puts it on CD which is kept in the vault.  A backup is done every night and is taken off-site.  If Town Hall were destroyed, the backup could be taken to the Komputrol office and the Town could function out of their office for 30 days.  This service is provided for $450 per year.


David Drake made a motion to approve the annual agreement with Komputrol for the disaster recovery program in the amount of $450.  Phillip Smith seconded.  Roll call vote:  Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes.  Motion carried 4-0. 


Supervisor’s Comments


Jim Davis, Ellettsville Fire Department, informed the Council of a problem with the roof and water freezing on the roof of the fire station.  He presented pictures showing the gutters full of ice.  One picture shows a layer of ice about one inch thick between the gutter and the snow.   He stated the problem has been apparent from the beginning.  The building was built according to specifications with the proper materials per their design and they don’t know why they are having the problem.  The ductwork is in the attic and it is insulated.  The temperature in the attic was 70 and the outside temperature was forty-five degrees.  This tells them they have a lot of heat in the attic.  The roof over the high bay area does not have ice build-up and it does not have ductwork in the attic.  The same is true on the area on the other side.  When this occurs, the downspouts freeze on the two wings.  When the ice dam occurs at the gutter and as water melts underneath the ice, it runs down and hits the cold temperature area where it freezes and works its way up the roof for five or six feet and then the roof deck is under water.  It then starts to rain inside.  He concludes that something needs to be done to correct the problem.  It has been suggested they install heat tape at a cost of $12-15,000, plus an ongoing electrical expense when the tapes are turned on. More electrical panels would have to be installed as well to provide electricity to the heat tapes.  He received two proposals for spray foam insulation on the two wings.  One company’s bid was for $29,000.  The second company was out of Indianapolis and their bid was $27,000 or $28,000.  He felt the second bid was better, not only because it was less expensive, but because it was water-based and didn’t require a protective spray covering over it due to a petroleum base, as the first bid did.  They have already spent about $2500 on added insulation to the living-quarters side and it didn’t help.  Scott Oldham asked if there were funds in the cumulative fund for this expense and Jim Davis replied that there was, although there is nothing appropriated in the fund to handle this expense.  His proposal was to borrow from the bank and repay over 18 months.  He talked with Sandra Hash about getting the loan and making a payment every six months as distributions were made.  Therefore, barring any unforeseen events, the balance in the cumulative fund would never drop below about $35,000 or $40,000.  David Drake asked if the water-based solution would melt or develop holes.  Jim Davis answered that it would, but it was explained to him that this was an advantage because it showed where the leak is.  David Drake also questioned whether it had been explored going back to the designers or builders to get them to pay for this project.  Jim Davis explained that the architect, the builders, and the roofers have been to the site on several occasions and they are just as baffled.  The ductwork is in the attic so as to provide more space inside the building.  Dianna Bastin inquired whether it was cost prohibitive to move the ductwork and Jim Davis replied that it would be.  Dianna Bastin stressed that this needs to get fixed.  Jim Davis remarked that some equipment has been damaged or destroyed due to the water damage inside the building.  Phillip Smith inquired of Jim Davis how long it would take to get the project done.  Jim Davis replied that it would probably take two to three weeks to secure the contractor, but the loan would have to be secured from the bank before securing the contractor.  David Drake suggested not making a decision on which process to go with in the next few minutes, but to defer to the experts and who they suggest is the best.  Dianna Bastin concurred.  Sandra Hash introduced another suggestion.  She went on to say a temporary loan from Utilities could be requested rather than going through the bank.  Dianna Bastin asked Jim Davis if he would be interested in that option.  He responded that it would be no problem with him if Utilities was in agreement.  Dianna Bastin announced that she had received an affirmative response from Utilities.  Sandra Hash informed the Council that she could prepare the temporary loan for the next meeting.  Dianna Bastin asked the Council if it was okay for her to sign the contract when the Fire Department is ready with it.  They answered in the affirmative.  Scott Oldham asked Darla Brown if they could proceed since they were entering into a contract as the Town.  She replied that since it was inter-departmental, she felt it would be fine.  Dianna Bastin informed Jim Davis that the Council was authorizing him to do the research, pick the company and borrow the money from Utilities.


Council Comments


David Drake, regarding pending litigation against the town, made a motion that we accept the recommendation of Caren Pollack, the attorney for the Town’s insurance company, for making an offer of judgment in the case.  Scott Oldham seconded.  Roll call vote: Dianna Bastin – yes; David Drake – yes; Scott Oldham – yes; Phillip Smith – yes.  Motion carried 4-0.


Dianna Bastin introduced a certificate of appreciation done by Connie Griffin, Director of Planning.  “This is awarded to the Boy Scout Troup #119 in recognition of your dedication to worthy causes in the Ellettsville community;  Ellettsville Storm Drain Marking Program, November 21, 2009.  Special thanks to Dr. Ken Guzik, Louis Guzik, Logan Guzik, Patrick McBride, Tyler Webb, John Webb, Troup #119.”  Dianna Bastin reported that Connie Griffin stated the Boy Scouts did a wonderful job and she thanked Connie Griffin for doing a certificate of appreciation.  She remarked that all Council members had signed it and Councilman Swafford would sign it at a later date.


Dianna Bastin also reminded everyone the Ellettsville Christmas Tree Lighting Ceremony will be November 28, 2009 at 6:00 p.m.  She is looking forward to everyone coming.  Commercials are running on WCLS.  Tony Kale had her and Ron Wayt into the station and interviewed them.  Several people have donated and Utilities has worked hard to put the lights up.  Street Department will also assist after their leafing process.



Dianna Bastin entertained a motion to adjourn.  David Drake so moved. Scott Oldham seconded.  Motion carried.  Dianna Bastin adjourned the meeting at 8:10 p.m.