November 10, 2014




The Ellettsville, Indiana, Town Council met for a regular meeting on Monday, November 10, 2014, 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 Scott Thomas.


Roll Call:  Members present were Scott Oldham, President; David Drake, Vice President; Dianna Bastin, Dan Swafford and Scott Thomas.   Sandra Hash, Clerk-Treasurer, Jim Davis, Town Manager, Rick Coppock, Bynum Fanyo and Associates, Town Engineer, and Darla Brown, Town Attorney, were also present. 


Supervisors present were:  Mike Cornman, Danny Stalcup and Tony Bowlen.   Denise Line also attended the meeting to represent the Planning Department.


Approval of Minutes


Scott Oldham entertained a motion for approval of the minutes for the regular meeting on October 27, 2014.  Dianna Bastin so moved.  Dan Swafford seconded.  Motion carried.


Accounts Payable Vouchers


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




Resolution 14-2014 Transfer of Funds


Sandra Hash, Clerk-Treasurer, explained this appropriation is for the cost of updating the Town Code.  Normally, they budget $4,200 but the bill was over that.  She is requesting to transfer $1,979.04 from Property and Liability into the Town Code Maintenance line.


Scott Oldham entertained a motion to adopt Resolution 12-2014.  David Drake made a motion to adopt Resolution 14-2014.  Dan Swafford seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 5-0.


Ordinances on Second Reading


Ordinance 2014-17 Adding Section 36.222.1 to the Ellettsville Town Code Regarding Shift Bidding Preference


Dianna Bastin asked if the sergeant positions will bid the length of time they have been sergeant and he is not appointing them to their shift.  Marshal Bowlen said that is correct.  Seniority will be based on how long they have been a sergeant.  Mr. Oldham asked the date this will start.  Marshal Bowlen replied as soon as the ordinance is passed they will post the choices so they can bid.  The shifts will start on January 1, 2015.  He hopes to notify the officers of their shifts shortly.  Ms. Bastin suggested sending an email advising shift bidding is now open and will close on a certain date so there is a record of it.  Marshal Bowlen intends to do this and give them sufficient time to respond.  Mr. Swafford asked if this will be annually or biannually.  Marshal Bowlen answered it will take place every November.  Mr. Swafford asked what happens if officers want to trade shifts.  Marshal Bowlen explained they are making a yearlong commitment.   If something drastic happens they will try to accommodate the officer. 


Scott Oldham entertained a motion to adopt Ordinance 2014-17.  David Drake made a motion to adopt Ordinance 2014-17.  Scott Thomas seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 5-0.


Old Business


Heritage Trail Update


Darla Brown, Town Attorney, is cautiously optimistic they are nearing the end of the property acquisition phase and after this meeting, two more will be done.  She is hopeful the remainder will be done by the next meeting.


New Business


Department Annual Reports


Scott Thomas explained in a past meeting a citizen suggested all departments publish an annual report.  He looked into it, and having come from the accounting world, he thinks it is a good idea.  Mr. Oldham remarked most of the departments already do this and two of them do it verbally.  Police and Fire Departments provide written documents. Mr. Thomas asked if they could get with the Town Manager and the department heads to come up with a template.  Mr. Oldham is open to the idea but doesn’t know if a template is necessary because departments have different statistics.  Mr. Davis thinks a template would be difficult because they all have different duties.  Each department will have its own unique report.  There may be some generalities but they won’t be anything alike.  Ms. Bastin concurs.  Each has their own unique way and she understands their reports.  She thinks they need to do individual reports and not be told they have to look a certain way.  Mr. Oldham asked if there are certain things he would like to see on the report.  Mr. Thomas thinks by a certain date he wants to see a written report from each department and if there are questions they can always ask.  Mr. Davis would like to confer with the department heads as to a timeline.  After a discussion, it was decided Mr. Davis will confer with the department heads and provide an update at the next meeting.  Mr. Davis will schedule a meeting with the supervisors next week.


Sandra Hash, Clerk-Treasurer, is required to do a financial annual report which is due to the state by March 1st and then it is available online.  She has never submitted the report to Town Council but could if that’s what they prefer.  Ms. Bastin stated having it online counts.  Mr. Swafford thinks it would be nice if all department reports could be online. 


Fire Chief Mike Cornman noted the Fire Department has done an annual report since 1965.  It tells the public and Town Council what is going on in the Fire Department.  It is available on the Fire Department website. 


Chad Stephens’ Administrative Review of Permit Granted to the Town of Ellettsville


Darla Brown, Town Attorney, explained in February 2014, the Town applied for a permit under the Flood Control Act in order to clear debris, sediment, silt and gravel from Jack’s Defeat Creek (“creek”).  The original application requested permission to clean a total of 3,673 feet.  That request was rejected by the Department of Natural Resources (“DNR”) because the project was likely to have unreasonably detrimental effects on fish, wildlife and botanical resources.  The application was scaled back, it was granted by the DNR and the Town cleaned out the creek.   Chad Stephens filed an appeal with the DNR asking them to take another look at it.  Mr. Stephens wants the Town to continue approximately 300 feet north of his property.  There have been two pretrial conferences on this matter with the Administrative Law Judge (“Judge”).    The Judge asked the parties to try to resolve this matter and they told her they would try.  The next pretrial conference is December 16, 2014.  The Town Manager has spoken with Bill Williams of Monroe County because one of the issues is the bridge which is owned by the county.  One of the things Mr. Stephens is concerned about is sediment underneath the bridge.  She is trying to get a more detailed answer from the DNR on why the Town had to scale back the cleanup of the creek.  She explained to the Judge that the Town Council would have to approve any further work to be done.  Denise Line has put together an estimate of the costs for notifying neighbors by certified mail, the application fee and publication costs and Danny Stalcup is working on an estimate to clean out the creek up to the point Mr. Stephens wants it cleaned out in the event the Town Council intends to go that direction.  They are waiting on answers from Mr. Williams and the DNR.  She, Ms. Line, Mr. Stalcup, Mr. Davis and Mr. Stephens walked the creek today so they have a better idea of what Mr. Stephens wants the Town to do.  Whether or not they should do it is a different question but the Judge asked them to talk and see what they can work out. 


Scott Oldham asked if this section was originally part of the permit that was rejected by the DNR.  Ms. Brown replied yes, she thinks it was.  Mr. Oldham asked if the DNR will now grant this permit after rejecting it once.  Ms. Brown answered the attorney for the DNR said they would be happy to work with the Town on this.  She doesn’t know if the DNR will grant it the second time around.  She needs to find out from the DNR what the issues were as to detrimental effects upon fish, wildlife and botanical resources. 


Chad Stephens stated Ms. Brown is correct.  This is the first he has learned the Town had actually requested to clean out to Utilities and the recycling center.  He wants to pull resources together and go back to the DNR and find out what’s in the creek they think will be hurt.  Mr. Oldham asked if they would have to get a separate permit.  Ms. Brown answered yes, and Ms. Line came up with a total of approximately $800 for applications costs, hearing notices and certified mailings. 


Dianna Bastin asked if Ellettsville has a vested interest to look into this matter because of the Utilities building.  In the last flood, Utilities workers were wading waste high water to get to their equipment.  Mr. Stephens joined them to drive the equipment out.  Would getting this permit help with that?  Mr. Oldham remarked this is what the Town intended to begin with.  They need to get Bill Williams with the county involved because of the construction work they are doing down the creek.  The argument is not with the Town and Mr. Stephens but with the DNR.  Mr. Stephens offered his assistance to clean out the creek. 


Scott Thomas asked what needs to be done in the future to prevent this from happening.  Is this posted? What if Mr. Stephens had known this in the beginning they probably wouldn’t have gotten to this point?  Ms. Brown explained when a permit is issued the neighbors get notification which is what happened in this case.  The DNR granted the permit and Mr. Stephens appealed.  She is uncertain of how to prevent this from happening in the future.  It is something that is not going to happen a lot because the Town will not be applying for a lot of permits.  Mr. Thomas said one of the things discussed when creating the Town Manager was they are to be the day-to-day contact person for things such as this.  He would like to see people come to the Town Manager.


Agreement between the Town of Ellettsville, City of Bloomington and Monroe County Concerning Animal Control


Darla Brown, Town Attorney, explained this a proposed contract between the City of Bloomington, Monroe County and the Town of Ellettsville for animal control in 2015.   It is exactly the same as the 2014 agreement except for the amount of $24,983.47 which is a slight decrease. 


Scott Oldham entertained a motion to accept the Agreement between the Town of Ellettsville, City of Bloomington and Monroe County concerning animal control.  Dianna Bastin made a motion to accept the Agreement between the Town of Ellettsville, City of Bloomington and Monroe County concerning animal control.  David Drake seconded.  Roll call vote:  Scott Oldham – yes; David Drake – yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 5-0.


Agreement between the Town of Ellettsville and the Monroe County Library to Provide Community Access Television Series


Darla Brown, Town Attorney, explained this contract is the same as last year except the amount is $14,497 for 2015 payable in 4 equal quarterly installments.  Ms. Hash noted they’re using the same growth quotient of 2.9% allowed by the state.  Mr. Drake asked if this is in the budget.  Ms. Hash answered yes.


Scott Oldham entertained a motion to approve the agreement between the Town of Ellettsville and the Monroe County Library to provide Community Access Television Service for 2015.  David Drake made a motion to approve the agreement between the Town of Ellettsville and the Monroe County Library to provide Community Access Television Service for 2015.  Dan Swafford seconded.  Roll call vote:  Scott Oldham – no; David Drake– yes; Dianna Bastin – yes; Dan Swafford – yes and Scott Thomas – yes.  Motion carried 4-1.


Discussion of Old Town Hall Building Plans


Scott Thomas advised the Town will be undergoing repairs of the old Town Hall for future use which is unknown at this time.  He has contacted a couple of contractors for feedback on prices or they may possibly work with Town employees.  It is their intention to bring this asset back to a usable order. 


Jim Davis, Town Manager, commented he, Jeff Farmer and Mike Farmer have met three times about the old Town Hall and have had several discussions about what comes first.  They’re still looking at dry waterproofing according to the Center for Disease Control website.  Their thought is to waterproof the building from the outside in.  One website mentioned taking care of limestone that is sprawling.  Mike Farmer’s thought is if the exterior can be waterproofed they may have to do so quite frequently.  The limestone is a facade and has clay blocks on the inside.  There are vents on the Sales Street and highway side of the building but their purpose as well as if the crawlspace still exists is unknown.  They think the exterior is the main issue to take care of first.  On the interior, the top priority is mold and they think it needs to be tested before they do anything.  They have discussed re-insulating and putting something on the inside that will help with water.  One interior wall has damage and whomever uses it may not want that wall.  The outside wall should be fixed.  Mike Farmer proposed doing it in-house over the next few months which will save money.


Scott Oldham wants everyone to understand while the old Town Hall isn’t currently being used as the “Town Hall” they are still using the second floor for some other uses including storing vital records.  The Town doesn’t occupy it for day-to-day business purposes.  Will they be bringing a series of plans and thoughts to the Town Council?  Mr. Davis hopes to have some plans from Mike Farmer and Jeff Farmer to bring to the next Town Council meeting.  Mr. Oldham mentioned the Town has acquired the former Stewart property, they’ve dredged the creek and have done other things in a continual process to abate some of the flood waters.


Council Comments


Dianna Bastin congratulated the Edgewood High School Band on a job well done for placing second in their class.


Tuesday, November 11, 2014, is Veterans Day and everyone is reminded to say “thank you”.  MSgt Brad Leach is back in Ellettsville after 26 years of service in the Air Force.  This is his first Veterans Day.  She is proud of him.  In conjunction with the Village Inn, Chad Stephens will be feeding the veterans on Tuesday.  Thank you for this.


Supervisors Comments


Jim Davis, Town Manager, requests an Executive Session be scheduled to discuss the future location of Town Hall.  Mr. Oldham asked everyone to check calendars and email available dates to Mr. Davis within the next 48 hours.  Mr. Swafford asked the status of scheduling interviews for the Director of Planning position.  Mr. Davis advised they have three applicants.  His thoughts are that Dan Swafford and David Drake should be involved in the interview process because they both sit on the Plan Commission.  Mr. Davis will schedule the interviews. 


Privilege of the Floor


Jeana Kapczynski, Ellettsville Main Street, thanked the Town for proceeding with the right-of-way acquisitions.  Indiana’s Bicentennial is 2016.  How do you think Ellettsville can participate in the state wide celebration?  Plans are already underway.  To find out what Ellettsville Main Street will be doing to participate in the Bicentennial everyone is invited to attend their annual meeting on at 5:30 p.m., November 20, 2014, at the Fire Station.  There will be two speakers from the Bloomington Visitors Bureau, Laura Newton, Assistant Director, and Julie Warren, Director of Tourism.  Main Street wants to build on the Town’s slogan, “Ellettsville Builders of American History.”  Saturday, December 13, 2014, Santa Claus will arrive downtown and there will be activities for the children.  Breakfast will be served by the Eastern Star at the Masonic Lodge.  The Metropolitan Planning Organization 2040 Plan public comment is scheduled for November 13, 2014, from 7:00 p.m. to 8:30 p.m. at the Ellettsville Public Library.




Scott Oldham entertained a motion to adjourn.  Dianna Bastin made a motion to adjourn.  Scott Thomas seconded.  Scott Oldham adjourned the meeting at 7:15 p.m.