September 24, 2007




The Ellettsville, Indiana, Town Council met in regular session on Monday, September 24, 2007, at the Fire Department Training and Conference Room.  Dan Swafford called the meeting to order at 7:30 p.m.  Dianna Bastin led the Pledge of Allegiance and Sandra Hash 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; Mike Spencer, Attorney and Rick Coppock, Town Engineer were also present. 


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


Approval of the minutes


Dianna Bastin made a motion for the approval of the Minutes for the Regular Meeting September 10 and the Special Session September 17, 2007.  Phillip Rogers seconded.  Motion carried.


Action to Pay Accounts Payable Vouchers


Phill Smith made a motion to approve Accounts Payable Vouchers.  Dianna Bastin seconded.   Motion carried.




Resolution 16-07 Reimbursement of Funds


Sandra Hash read the Resolution in its entirety.  The Town of Ellettsville received a check from the Treasurer of Brown County to pay four Ellettsville Police Officers for participating in a full-scale exercise on February 16, 2007.  The Police Officers each worked 5.5 hours and were paid from Police Overtime.  The Clerk-Treasurer is hereby authorized to reimburse (P-108) Police Overtime in the amount of $502.72.


Dianna Bastin made a motion to approve Resolution 16-07 Reimbursement of Funds to the Police Overtime account.  Phillip Rogers seconded.  Motion carried.


Resolution 17-07 Fiscal Plan for approximately 10 acres at 4125 West State Road 46 and 3824 W. Forrest Park Drive


Frank Nierzwicki presented a fiscal plan for the Richland Square II shopping center.  A section of this shopping center was annexed into town a few months ago and this is the remainder plus one other property.  The plan shows the property is built out with a few out lots (IU Credit Union is being constructed in one).  There is water, sewer and the Fire Department already providing service but the Police Department is not.  There is no extra fiscal responsibility to the Town.  Dianna asked if all the buildings on that corner will be in Ellettsville.  Frank said yes except Arby’s and Member’s Choice Credit Union. 


Dianna Bastin made a motion we approve Resolution 17-07 Fiscal Plan for approximately 10 acres at 4125 West State Road 46 and 3824 W. Forrest Park Drive – Don Cowden and Brett and Barbara Haley petitioners.  Phillip Rogers seconded.  Motion carried.


Ordinances on First Reading


Ordinance 07-10 to annex 10 acres at 4125 West State Road 46 and 3824 W. Forrest Park Drive – Don Cowden and Brett and Barbara Haley petitioners


Frank Nierzwicki stated the Plan Commission recommended approval. 


New Business


Monroe County Election Board, Jim Fielder, Secretary, request use of the Fire Department Training and Conference Room for the fall election on November 6, 2007


Jim Davis, Ellettsville Fire Department, explained the Election Board has used the Fire Station for many years for voting.  This is just a formality; having the Council vote for the approval of usage. 


Dianna Bastin made a motion that we approve the Monroe County Election Board, Jim Fielder, Secretary’s request for use of the Fire Department Training and Conference Room for the fall election on November 6, 2007.  Phillip Rogers seconded.  Motion carried. 


Recommendations from the Fire Department requesting to fill two full-time openings


Jim Davis explained one fireman has retired and another one left seeking employment else where creating two full-time positions.  The Fire Department has a process where they have volunteers and part-time employees and can evaluate the type of fire fighter they are and giving them the advantage to hire within.  He presented two part-time fire fighters for full-time approval.  Doug Bartlett has twenty years experience in the fire service.  Mark White is a paramedic who presently works for Ambulance Services in many counties and spent several years in the Navy.  Jim started the process over a year ago and received twelve, in house, applications.  They all took ten tests and the top three went through more testing on handling people in different scenarios.  The Fire Department purchased a computer system that has a fire simulator and the applicants had to explain how they would handle the situation.   Jim is asking for a lateral transfer for a promotion from part-time to full-time.    The next step will be to look for two part-time fire fighters. 


Dianna Bastin made a motion for the recommendations from the Fire Department to hire Mark White and Doug Bartlett for the Ellettsville Fire Department for full-time positions.  Phill Smith seconded.  Roll call vote:  Dan Swafford – yes; Dianna Bastin - yes; Ted Robertson – yes; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 5-0. 


Supervisors Comments


Frank Nierzwicki, Director of Planning Services is requesting to post an Administrative Assistant position for the Planning and Redevelopment Department.

·        Funding is available for 20-30 hours per week for the rest of 2007 and was recently passed in the 2008 Town Budget 

·        The position would be posted September 25 through October 9, 2007.  The interviews would be held the week of October 15 with the candidate being presented for the Town Council approval on October 22, 2007  

·        The salary range would be $9.00 to $14.90 per hour. 

Frank went on to explain the timing of this hiring request is also very important because the Town along with 30 other cities and towns are eligible for an I-69 Community Planning Program Grant.  These grant awards are for $40,000 to $50,000 for each applicant.  He would like to be able to apply for this grant to help expand the Town’s Planning capacity and capabilities.  The dead-line to submit a letter for intent, for the INDOT grant is October 5, 2007.  He submitted a copy of the I-69 Planning Grant information for the Council to review. 


Dan Swafford asked what the value of the grant was.  Frank explained the base is $40,000 with an additional $10,000 if you coordinate with another group.  The letter of intent is due by October 5, 2007 with the application due by November.  The grants are awarded in February and March of 2008 at 100 percent with no match. 


Russ Ryle, resident of Reeves Road asked if this is a one time grant.  Frank explained this grant is for 18 months and would be used mostly for salaries and training for Planning Staff.  Russ pointed out if the grant would be used for funding staff; what happens to this position when the grant is gone.  Frank explained there is $15,500 budgeted for this position and part of the job description is securing external funding sources at different levels and also assist the Director in grant writing. 


Dianna Bastin made a motion that we approve the Planning Departments request to post an Administrative Assistant position and begin the process for hiring.  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. 


Frank Nierzwicki was asked by the Council to look at appraisals for two properties; one property for possible purchase “Kenny’s” and 409 West Vine Street.  Indiana Code states two appraisals are required on properties before making an offer.  The appraisal for the commercial building would be $1,500 each and the residential appraisals are $350 each.  The appraisals would be paid out of the “Build Indiana Fund”.  Ted Robertson will abstain from voting since he has a personal interest in 409 West Vine Street. 


Dianna Bastin made a motion to begin the process to appraise the sight “formerly known as Kenny’s Tavern” and 409 West Vine.  Phillip Rogers seconded. 


The following discussion took place before the vote


Dan asked what the procedure from here is.  Frank explained the appraisals are completed and an average between the high and low is taken and submitted as an offer on the properties.  The balance in the Build Indiana fund is a little less than $100,000. 


Doug Norton, Capitol Avenue resident stated this is the first he has heard of this and asked if there is some projection for the properties because a town is usually not in the business of acquiring real estate.  Dan explained the expansion of Town Hall (in the future) and to beautify the downtown area.  If the properties can be purchased at a reasonable price it is a good idea to think in the future and have the properties around the existing area instead of waiting to outgrow Town Hall.  Doug Norton has a problem with the Town wanting to buy “Kenny’s Tavern” without some real idea of what will be done with it and not “what if” and “maybe”.  Dan stated we have already outgrown Town Hall.  Doug asked about the Vine Street property.  Dan explained the Town needs extra parking and this is just part of the planning.  It was clarified the Vine Street property will be part of a Sheriff’s sale.  The Town is in the preliminary stages, receiving appraisals to see if this will be feasible. 


Roll call vote:  Dan Swafford – yes; Dianna Bastin – yes; Ted Robertson – abstain; Phillip Rogers – yes; Phill Smith – yes.  Motion carried 4-0-1 abstain.


Public Comments


Ron Wayt, President of the 2007 Fall Festival gave a report on the festival.  Everything went extremely well and smooth.  The vendors were all happy and the Town departments worked together to help keep everything safe and set up properly.  The entertainment was fantastic.  He thanked all the volunteers for their help, the Board of Directors, Department Supervisors and their employees.  He passed out certificates of appreciation:

  • Street Department – Jim Ragle and his crew
  • Utilities Department – Mike and Jeff Farmer
  • Ellettsville Police Department – Gary Darland and his officers; the Reserves helped out a lot
  • Ellettsville Fire Department – Jim Davis and his crew kept everything safe


There was a bench making contest between the Town departments; who came up with the most creative bench.  UBC lumber donated all the material for eight benches.  The benches were placed throughout the festival.  The Police Department won the contest with their bench having seat belts and headrests.  Ron thanked everyone in town and all the residents for putting up with all the street closures and for coming out.  He looks forward to 2008 when the Festival can be expanded and ideas he has received can be put in place. 


Dan Swafford thanked Ron and his staff for a super job.  He has never seen a group of volunteers work as hard as they did.  This was like a homecoming. 


Ed Bitner, Main Street resident has been away for a while.  He would like the status of the sign at Jack and Jill Daycare that has been in question for a year.  He was last informed this has been given to Mike Spencer to look in to.  Mike Spencer stated he has not been instructed or assigned a task to initiate litigation.  Dan Swafford said they have been working on this and he will have to check and see where it is at.  Mike Spencer has received information on the sign but has not been authorized to file suit or litigation.  Ed Bitner stated the daycare went against code when they installed the sign and that is the only reason he has a problem with it. 


He also e-mailed the Planning Director about an incident on Capitol Avenue and would like to know the progress of that.  He does not remember the mention of any businesses going in the apartment complex and there are.  Parking was set for residential and not a business.  Will anything be done about this?  Frank Nierzwicki, in regards to the e-mail, has been in constant contact with the developer.  The easement issues have been worked on and progress has been made as of 4 p.m. today.  The final part of that development, on the north side, has not been approved and won’t be until the agreements are done.  The issue regarding the businesses on Capitol Avenue; he will go back and check but he is sure the property is a PUD, mixed use. 


Council Comments


Dianna Bastin thanked Jody Smith for painting the Town Council’s bench.  The bench contest was fun.  Dianna complemented Jeff Farmer and the Utilities Department for being every where and working a long side the Street Department. 




Dianna Bastin made a motion to adjourn.  Phillip Rogers seconded.  Motion carried. Dan Swafford adjourned the meeting at 8:08 p.m.