October 22, 2007




The Ellettsville, Indiana, Town Council met in regular session on Monday, October 22, 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 Sandra Hash led in prayer. 


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


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


Approval of the minutes


Phill Smith made a motion that we approve the minutes for the Regular Meeting October 8, 2007 and the Work Session on October 15, 2007.  Phillip Rogers seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


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




Resolution 18-07 to declare surplus property for the Street Department


Jim Ragle, Ellettsville Street Department has a 1986 Ford pick-up truck and 1985 dump truck they would like to declare surplus so they can sell, trade or auction off.  The Street Department does not know what they are going to do with them at this time.  The 1986 Ford came from the Utilities Department.  Both vehicles run but they do not want to put anymore money in to them. 


Ted Robertson made a motion that we declare surplus property of the form of two vehicles for the Street Department under Resolution 18-07.  Phillip Rogers seconded.  Roll call vote:  Dan Swafford – yes; Ted Robertson – yes; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 4-0.


Jim Ragle requested permission to accept quotes for a new dump truck.  The Street Department would like to see what kind of financing is available.  Dan Swafford asked Mike Spencer if this needed to be voted on and Mike Spencer replied no.  Dan said it was okay. 


Jim Ragle accepted applications for a vacant position in the Street Department.  Dianna Bastin helped Jim with the interviews and they decided on Scott Bruce.  Jim has completed the process for hiring a new employee.


Phill Smith made a motion we hire Scott Bruce as the new Street Department employee.  Phillip Rogers seconded.  Roll call vote:  Dan Swafford – yes; Ted Robertson – yes; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 4-0.


Ordinances on First 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 shall be amended to read as follows: 

Upon proper appropriations, Police Reserves may

(A) Be provided with uniforms which uniforms shall remain the property of the Town and

(B) Be insured for accident coverage


Sandra further explained the past code allowed for a one time one hundred dollar purchase of equipment.  This was the first year we included $3,500 in our budget for uniforms.  It was asked from the audience about a budget for the insurance.  Sandra answered they are covered under the Town’s Worker’s Comp Insurance.  It is included in the overall policy.  The Town is looking into changing insurance in the future but for now it is just Worker’s Compensation.  She further explained “Accident Coverage” means if they are hurt on the job, we will pay their medical expenses.  Gary Darland stated, from the audience, currently if they are killed in the line of duty, there is no insurance benefit for the family; this is what they are asking for.  Sandra stated this change will not take care of that but in the future, we will work on it.  Dan Swafford asked which Fund the uniforms will come out of.  Sandra answered it will be the General Fund; the Police budget has several lines of appropriations, one of which is $3,500 for uniforms. 


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


Sandra read the ordinance in its entirety.  Subsection (E) Use of Cell Phones will be added to state cell phones issued by the Town shall be used only for Town business.  The employee to whom the cell phone is issued will 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.  Cell phones shall not be used by any employee while that employee is driving a motor vehicle. 


Dan Swafford asked if the Police Officers were ever in contact on the cell phones during a call.  Gary Darland said mostly on cell phones.  He used the example of the missing little boy; cell phones were used for convenience and more conversation.  Dan asked if officers talk on cell phones while driving around.  Gary answered “probably yes”; his phones have speaker phone capabilities and he believes most officers do talk on their cell phones while driving.  There was conversation and discussion about different communication options.  Gary Darland is personally looking into phone issues that he will present in a month or two.  He stated he does not believe cell phones are an issue and does want to deal with this right now.  Gary Darland, at this time, does not want to make any major changes but he is putting together a document to recommend some changes because he is concerned with confidentiality.  As far as the issue with driving and talking on a cell phone, he would recommend this part not be put in the ordinance.  Gary feels enforcing “no cell phones while driving” would be hard for all supervisors.  A question came from the audience “is there hands free on the radio?”  Gary does not have the answer; he has not researched it.  It was clarified the cars are equipped with radios that are hands free.  Mike Spencer suggested this be tabled.


Dan Swafford tabled Ordinance 07-12 to amend Section 36.136 of Ellettsville Town Code concerning the use of cell phones until the next meeting.


Sandra Hash requested Ordinance 07-13 to amend Ordinance 06-25 fixing of salaries for Budget Year 2007 be added to the agenda for First Reading


Sandra read the ordinance in its entirety.  The Town established the salaries for the Budget Year 2007.  In the General Fund Administrative there is no provision for Administrative Assistant and in the General Fund Police there is no provision for a Part-time Receptionist.  Ordinance 06-25 is amended as follows:  Under General Fund Administrative add Administrative Assistant from $9.00 to $14.90 per hour and under General Fund Police add Part-time Receptionist from $8.00 to $10.00 per hour.  Sandra will make a copy of this Ordinance and put one in each Council member’s mailbox.


Supervisors Comments


Frank Nierzwicki, Director of Planning Services announced his previous intern Ashley Porta is working in Kansas City, Missouri but will be in town this Friday and he would like to present her with a framed Town of Ellettsville Certificate of Appreciation.  He read the certificate in its entirety.  Frank asked for permission to make the presentation to Ashley and also for the Board President’s signature on the certificate. 


Phill Smith made a motion we give the certificate to Ashley Porta for her work at the Town of Ellettsville.  Phillip Rogers seconded.  Motion carried.


Frank Nierzwicki received thirty-eight applications for the job vacancy in his office and he interviewed nine.  He recommended Connie Griffin for this position and asked permission to hire.  Dan Swafford asked if this position had to do with the ordinance in first reading and could hiring be done.  Sandra answered it was alright to hire Connie Griffin.


Phillip Rogers made a motion that we hire Connie Griffin as an Administrative Assistant to Planning Department.  Phill Smith seconded.  Roll call vote:  Dan Swafford – yes; Ted Robertson – yes; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 4-0.


Dan Swafford asked Frank Nierzwicki about the progress of the “black letter signs”.  Frank stated he is trying to get the manufacturer of these signs on the next Plan Commission agenda.  The signs are out of Martinsville and the manufacturer feels the signs are within code. 


Gary Darland respectfully requested the Council’s permission to hire a part-time secretary that was posted.  Her name is Robin Roberts and he feels she is a very competent lady with some college.  Her husband is a Reserve Officer.  An extensive background investigation was completed on Ms. Roberts and all her references came out fine. 


Dan Swafford asked for a motion to hire Robin Roberts as the secretary.  Phillip Rogers stated “Code Enforcement Secretary”.  Phillip Rogers seconded.  She will be working 30 hours a week.   Sandra asked if the title of this position be changed to reflect Ordinance 07-13 Part-time Receptionist.  Gary clarified Ms. Roberts will not be doing any Code Enforcing.  Dan stated motion was amended to say Part-time Receptionist.  Dan motioned again.  Phillip Rogers seconded.  Roll call vote:  Dan Swafford – yes; Ted Robertson – yes; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 4-0.


Sandra Hash announced she and Amber will be attending a conference in Nashville, Indiana Tuesday and Wednesday. This is a regional meeting they attend every fall with State Board of Accounts. 




Phillip Rogers made a motion to adjourn this meeting.  Ted Robertson seconded.  Motion carried. Dan Swafford adjourned the meeting at 8:02 p.m.