Mr. Brandgard: The Plainfield Town Council meeting for Monday May 29, 2012 is now in session.
PLEDGE OF ALLEGIANCE
Mr. Brandgard: I would like to ask everyone please rise for the Pledge of Allegiance.
CONSENT AGENDA
Mr. Brandgard: We will go to the consent agenda. I would like to have the consent to pull item 2 that will be up for discussion later.
1. Approval of minutes of the regularly scheduled Town Council meeting of Monday May 14, 2012 and Minutes of the Executive Session dated May 14, 2012.
2. Approval for Kim Harvey, Angels & Doves to hold concert on Saturday, October 6, 2012.
3. Approval of Parks and Recreation Director's, Town Engineer's, IT Director's, Plainfield Fire Chief's and Transportation Director's reports dated May 25, 2012 and HR Director's report dated May 29, 2012.
4. Approval to use Independent Contractor's agreement prepared by Mel Daniel, Town Attorney for use at Plainfield Recreation and Aquatics Center and subject to signature of Councilor Whicker per Parks and Recreation Director's report date May 25, 2012.
5. Approval of payment in the amount of $882.00 with a total project cost of $1,764.00 to Mike Clark of Mike Clark's Barber Shop at 14 S. East St. as a 50% matching reimbursement for completion of work through Town Center Façade/Sign Improvement Program per request of Joe James, Director of Planning and Zoning.
6. Approval of the April 2012 monthly report for Department of Planning and Zoning.
Mr. Brandgard: Is there any changes or amendments to the consent agenda.
Ms. Whicker: I just want a quick amendment in the independent contractor's agreement, there is one misspelling of Vestal Road, it would be a-l instead of e-l, and otherwise I would like to make a motion that we approve the consent agenda as read.
Mr. Kirchoff: I will second but I also have a question on the same item, the question I had had to do with insurance requirements, I think it said a million dollars.
Mr. Daniel: I think that is right.
Ms. Whicker: Yes.
Mr. Bennett: Mr. Kirchoff, that is a standard and customary amount and I believe that Tim can possibly confirm most of if not all of our independent contractors, vendors, or suppliers, especially in construction do provide a minimum of a million dollars in many cases up to two million dollars.
Mr. Belcher: I'm just going to have to admit I don't recall, but I know they are well into those limits, two sounds more familiar with construction.
Mr. Bennett: Yes, but one million is a minimum.
Mr. Daniel: Clay and I talked about that too, and Clay was also on board with the one million dollar coverage.
Mr. Kirchoff: Ok, thank you.
Mr. Brandgard: We have a motion and a second to approve the consent agenda as amended, if there is no further discussion roll call vote please.
Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. Kirchoff- yes
Mr. McPhail is absent tonight
Mr. Brandgard- yes
The Plainfield Town Council consent agenda for May 29, 2012 is adopted as amended and corrected.
Mr. Brandgard: Let the record show that Council member McPhail is off recovering from an operation this evening.
BUSINESS FROM THE FLOOR
Mr. Brandgard: Is there any business from the floor this evening and I know there is, because there is one person to speak for everybody I'd appreciate it if you would come up and do so, or if individually we ask that you not repeat what has been said before.
Mr. Meyer: Thank you, my name is Doug Meyer. I have been a small business owner in Plainfield since 1975, I run an attorney office, I employ one full time employee and one part time employee and I just about 4:00 this afternoon became aware of the local ordinance requiring all business owners to licensed in the Town of Plainfield. I have two major critics; the first thing is the ordinance could be better written. It doesn't define who needs to be registered. It talks about the goal that we want to protect zoning, protect property values, but it goes on to say all business owners must be licensed in the Town of Plainfield. Well if I own a business and it's Avon, I'm still a business owner. So first off, reading it like a lawyer, it could be better drafted, you don't define what businesses are, you have a blanket requirement that all business owners, I presume residing in Plainfield must register and get a license to operate a business. My business maybe across the Town line. The other concern I have as far as the drafting is, you don't define what a business is. Does a guy who operates the snow plow in the winter is that a business that is going to need to be licensed? I don't know, I presume so. Is the lawn service that comes by and mows the lawn in the neighborhood, is he going to have to be licensed? He's a business and he's operating in Plainfield. So we are I presume license every lawn service, how about the fertilizer companies, every company that puts spray on your lawn, are we going to license them and require a license for them? What about the 4-H people that sell geraniums? By golly they are running a business, they only run it for a weekend or a week a year, but they are a business, they are there to make money. If you take it to the logical conclusion or the illogical extreme, the way you have the ordinance drafted, everyone who is a business owner in Plainfield is going to have to be licensed, get a license, or be in violation, or even if you modify it and say no you have to operate the business in Indiana, well you are even going to have the lemonade stand that goes out one weekend a year. Well if the goal is to teach him business, you are going to want them to be licensed too because you don't want them dodging the law. I mean if you take it to the absurd it ought to be defined as to what type of business needs to be licensed, and where they are going to operate. How about the window guy that comes in and wants to sell me windows at my house in Plainfield, replacement windows, well he ought to be licensed. I mean there is no end to the antiquity and the problem when you have a law you ought to be able to able to read the law and know I'm either in or out, I either have to be licensed or I don't have to be licensed, but all this says is that any business owner requiring all business owners to apply for and to obtain a general business license from the Town of Plainfield. I'm saying we could do a much better, I'm against the ordinance, but if you are going to pass an ordinance at least make it clear enough so that people know if they are innies or outies. But everybody, the paperboy, he's running a business, he's an independent contractor, he is running a business. Where do you draw the line and you don't give us any help, there is nothing in the ordinance that gives anybody, rental property, Boy two years ago last time I was here, there was a big commotion, well is my rental property a business? How about a farmer, if he lives in Plainfield he runs an agricultural business, you really want him to be licensed. What if one of his fields is within the Town limits of Plainfield. I mean this is such a blanket thing and it is so poorly drafted that nobody in the world is going to be able to say your in, or your out. So that is my first criticism, the second criticism I have is, it sounds like the same thing that we did, well we are going to license all rental properties. Apparently there is a problem somewhere and you are using the shotgun approach and you are trying to impose licensing on that have been in business for 35-40 years with no problems for probably a few bad apples. It is probably your lingerie stores and those types of things, the fireworks stores that you really want to legislate, so I'm encouraging you to limit the litigation to the problem areas that you are trying to cover, but this is just a blanket approach and I think it just shouldn't apply to every business owner. Who is going to pay to enforce this ordinance, how much money is it going to generate. Do I have to register twice once as a rental unit owner once as a lawyer, I don't know. I'm just opposed and I thank you all for serving on the board cause I know the only time you hear from people like me is when we bitch and I apologize for that, but thank you for hearing me out.
Mr. Green: My name is Bud Green and I've been a resident of Plainfield since 1966 and this is not the first time I have been to this podium. While Doug took most of my thunder in about a real short period of time I actually put a little thought into everything he said. I have several clients who operate what you folks would define as a business under this ordinance and most of them operate in the form of LLC and they are real estate investors or real estate developers that don't have an office, the guys got a desk at his house, he doesn't need an office, he has no public coming to see him, that is one issue, to not elaborate on Doug's point is the definition of business here is so vague that it is undefinable. The other issue I have applies a little bit to myself and my own industry, I operate an LLC, I am a contractor to ReMax Centerstone, we have office space there, naturally I have a laptop and a table and office at home. Do I need to register two places? Am I an independent business? I have no visitors come to my home office. If I want to see somebody I go to the Centerstone office which is where I principally conduct my business. So Centerstone, as you have defined it would need to be a business, what about all of our agents are contractors, how do we address that issue? Do all of us at that address need to give the Town $25.00, I don't think so. As I read the article in the paper, it seemed to be a public safety issue more than anything else. At least that is the way it was recorded, I will say that the reporter did not cover the back of your draft and some of those questions there. If this is a public safety issue, I have no problem with an ordinance that requires businesses, places of business, retail stores, gas stations, convenient stores, manufacturing warehouses whatever having an ordinance that requires them to have 24/7 contact information to reach those facilities, registered with the Police and Fire Department. That seems reasonable; this does not seem reasonable, thank you.
Mr. Lee: My name is Rick Lee, and I have bee in Plainfield all my life and I operate a business out of Post Office Box 355. I don't have any visitors there, I have rental properties, and some people live within the Town of Plainfield, some people live within Washington Township, different Township. My problem with this is not only definition, cause lets assume that you provide all the proper definition that Doug Meyer objected too, we get plenty of definition. My problem is that if it starts a slippery slope, you start a requirement that businesses have to do X-Y-Z in the Town of Plainfield, well what happens if Belleville happens to decide that Plainfield has done such a good job with that that they want to have a similar ordinance and then another local community does the same thing. Any business that operates across lines and that is hard to define whether the business originates here or originates there especially if you don't have a physical location. You would have to submit and apply and get approval from who knows how many regulatory agencies and we saw, and just kind of curious if other communities might have a requirement to have this and we found one in Mooresville, North Carolina, well in their definition they had if someone solicits business within that community they would be subject to an application. Then it went on and on asking the applicant to provide a number of employees, gross receipts, and changes in ownership. None of that stuff is even really important to the Town. It is not even proper to be asking that information from us, it's a privacy issue. It is bad enough you have to tell the IRS, but not the Town. Even though there is a lot of wonderful intention about your objectives, it could be done other ways without opening up a seed that will later become a weed that can't be undone. So that is my problem, it could be so well written at the beginning but later on who is to say that a meeting one Monday night and no one shows up and you have a little bit of clarity and you change the definition of this and change the definition of that, there is no end to that. Its like the 1% income tax, there is no end to that. So that is my problem.
Ms. Daum: My name is Debbie Daum; I've lived here pretty much all my life. I really just have one question because I really hate public speaking. My question is, a company has to apply even those companies that have been in existence for 30 years or whatever, who and on what criteria is it decided upon that their application is approved or not approved? I would have that question.
Mr. Brandgard: Again I think the intent behind the ordinance is to collect information about in the business and who the contact people are for that business if there is an emergency. As far as deciding whether you can be a business in Plainfield or not is not the intent of this ordinance. I'm the first to tell you after hearing from you earlier and re-reading it.
Mr. Marsiglio: My name is Anthony Marsiglio, I've had a business, and well based on your definition I'm not sure, I am normally humorous, but I'm not trying to be humorous. I do reside in Plainfield and I have been here for ten years. I will tell you as a business owner or a previous business owner, however you look at it, and it is tough enough to run a business let alone a government body intervening all the time. It is a little problem that I've had to hurdle, my shrubs are too low, my landscape was not good enough, and those are fine, but when you start this it reminds me of the Country I came from. I am originally from Canada, it is like a socialist society, yes we have free healthcare, but everything is dictated and as all of them has said and I am going to sum them up, we are going down that slippery slope where then choice the is not ours its yours, and that is not a good way to do it. That is all I am going to say. It does say application so it does sound like I could be turned down, that is all I have to say.
Ms. Kelley: Hi, my names is Shelley Kelley and I was so not going to talk to anybody today, I just wanted to gather some information so I apologize because I don't know all the details behind this. First of all I own Shelley's Closet of Treasures in Plainfield and we just opened a second location as well just on Simmons Street. I love Plainfield, I love our Police Department, I love our Fire Department, I went to Splash Island yesterday and got sunburned and it was beautiful and the response staff was amazing and I have things to tell them that I love about them too. I'm all about our public safety, when those cops park right there at the corner of Simmons and get those people going too fast down 40, that is ok with me because nobody is messing with my store and it has been five years and I have not had any issues or vandalism or anything, so I appreciate and I am all for helping public safety if that is what this issue is about, I have no problem with giving our information, cell phone numbers fifty people long if I am going to be gone, I have no problem with that, however the biggest reason I got out of corporate America after 16 years was because I wanted to be a small business owner and I wanted to make good decisions and have the creativity to be able to do fun things and just be myself, talk with my customers and those things, I will tell you it is really rough, the last five years have just really been hard just to stay afloat and to pay the electric bill every month, we don't have a lot of extra money and so $25.00, that is not even the issue, I will give it to you today if that is what you wanted, but as far as the licensing or permits, the only thing that is hard about that is, you wonder ok so what is going to make you decide that, you know what, Shelley put something out that I don't like or put a sign out that she didn't like and instead of telling her she's going to have to pay $500.00 for putting her sign out when we don't want it there, we are going to take her permit away. So then she has to close two stores, you see what I am saying, so I guess that is what I don't understand. I don't mind the $25.00 part, but I don't want somebody, I don't want to be afraid that anything I do, that I am going to think are they going to pull my license because they don't like this or that I made some bad choices, so that is my big thing, that is why I don't like the permit part, I don't want it to be a corporate or you know how they said having the government be involved, I just want to be a good business owner and run a good small business and be able to make my own business, but at the same time make everybody proud as well and keep things nice, pretty, and neat, but not have everybody tell me so much what I can and cannot do. I say that with respect for what you guys are doing too.
Mr. Brandgard: Is there anybody else? I certainly appreciate everybody that came in and expressed their thoughts with us. That is why at least in Plainfield when we introduce an ordinance we have three readings, you have the first reading when you introduce it, then you have two more readings and that is going to allow people to come in and share their thoughts to us. From what we heard tonight I fully, I agree we kind of stumbled a little bit on that, the intent certainly didn't have enough definition to go with what we were intending to do and with that I would ask the Council for a motion to table this for sometime when we can work this out and bring it back, if we bring it back again and everybody can see it.
Mr. Kirchoff: I'd be happy to make that motion, the other thing I do would be to ask the people like Doug and Bud, if you will give us some Council if we redo this, because you're expressing some of the same concerns I had in the last meeting. My take on it from my notes I brought tonight, re-titling of the business fee ordinance to a public safety ordinance because that is really what we are trying to do for Police and Fire to have the right records to handle public safety issues. So would you gentlemen be willing to help us with that if we move forward? With that then I will table it and send it back to staff to work with some of the businesses to rewrite this.
Ms. Whicker: I'm glad you guys came out because really we do what we think is in the best interest, and it is with cell phones being so popular and there aren't landlines and the cell phones aren't always in the white pages and when someone for a safety reason needs to be in contact with, and you can't locate the person, or locate their phone number, and we look at it as, where if we need to get in contact with you in concern to your property, which is your investment and your life and what you have put your heart and soul into, we want to be able to get in contact with you as soon as we can, but there has been times when they've struggled to find the person or the number or the person that has the building but lives in another state and left somebody's number and it is out of trying to be able to contact someone to protect your best interest of your business that provides you food on the table. I will second the motion.
Mr. Brandgard: The motion is second to table ordinance no. 04-2012 until such time as staff has had time to work with the members of the public and coming up with a better revised ordinance.
Ms. Whicker: I think too, anyway that you know for sure that if someone needed to get in touch with you, a lot of you are in the business that your phone number is everywhere, whether it is in the side yard and people can get in touch with you and then some businesses it is not as readily available as others.
Mr. Brandgard: The motion is second, all those in favor signify by aye, opposed, motion carried. Thank you. With that we will take a short recess.
Plainfield Town Council meeting for Monday May 29, 2012 is now back in session. Is there any other issue of business from the floor this evening? If not, we will go to Town Manager's report.
TOWN MANAGER'S REPORT
Mr. Carlucci: I do not have a report tonight, thank you.
STAFF REPORTS
Mr. Brandgard: Staff reports, Chief Russell; anything from Fire Territory? Ron?
Mr. Lydick: Thank you Mr. President, I mentioned in my report the need for a work session. We do have our health insurance renewal, there is about six or seven decisions that need to be made on this, so I thought it might be too lengthy for a regular meeting and so I was wondering if you would like to have a work session for health insurance?
Mr. Kirchoff: Ron I was wondering, we have a work session with Tim I believe scheduled on the 15th, could we do it back to back? Or is the 15th too late?
Mr. Lydick: Tim is going to take you out on a tour…
Mr. Kirchoff: That is only part of it.
Mr. Lydick: I don't have a problem with it, but I don't want to take it away from his.
Mr. Belcher: I told Ron I am very willing to do that if you are because we are starting real early anyway and it will go quickly.
Mr. Kirchoff: I have 10:00.
Ms. Whicker: 10:00 a.m., that is what I have, did you want to change it?
Mr. Belcher: No, I just knew it was a daytime, it is the first time work session which is great, but I am going to be at work all day myself, it is your time that is the important thing here.
Mr. Kirchoff: How long do you think you'll, with the tour?
Mr. Belcher: Couple hours is what I was thinking.
Mr. Lydick: Probably about an hour, I think will be plenty.
Mr. Kirchoff: Shall we start at 9 instead of 10?
Mr. Lydick: 9:00 sounds fine with me.
Mr. Kirchoff: We already have that morning blocked out anyway.
Mr. Brandgard: Renea will that work?
Mr. Lydick: You are having your meeting over at the Rec Center?
Mr. Belcher: The parking lot nearest the landfill.
Mr. Kirchoff: So who gets to go first?
Ms. Whicker: Maybe if Ron starts and then we go for a walk.
Mr. Lydick: Thank you very much.
Mr. Brandgard: Chief Mitny; anything from the Police Department?
Mr. Mitny: Good evening I received communication a little late to get a report to the Council, but it is from Mr. Dave Clingerman, he lives down on Gadson Drive, last year we approved a partial road blockage for him so he could have a block party and help control traffic for the small children. That is at 6585 Gadson Drive, we got the same request for this year, I talked to Chief Russell from the Fire Department and Mr. Clingerman's reassured me that he would have people those road blocks that he is going to put up, partial road blocks to make sure that any emergency vehicles or anybody that would live within that area can get in and out. The date for it this year is going to be June 9th. So he asked me and I told him I would have to talk to Council to get permission to allow him to have that block party again.
Mr. Brandgard: Consent.
Mr. Mitny: Ok, I will let him know, thank you.
Mr. Brandgard: Joe, anything from Planning and Zoning?
Mr. James: Good evening, did you get my April report with your material? I didn't bring it with me; I just wanted to see if you had a chance to look over the outdoor seating and dining license, if you have any comments on that?
Mr. Carlucci: Is that mostly for the Town Center?
Mr. James: Yes.
Mr. Carlucci: Seating and dining license?
Mr. James: Well it is to allow a business to encroach on side of the South Vine Street sidewalk.
Mr. Daniel: Going through that, this once again is primarily an application process, but because they are encroaching on public property there is a need for a license there to see that the Town Ordinance is complied with as far as setbacks and things like that. It is not complicated, but it is important.
Ms. Whicker: Sweetheart Cupcakes doesn't have the railing that Main Street does, Vine Street is open and has more space, and you would hate to have someone block the bike riding or walking distance from the other side from here on Center from the railing and the store front.
Mr. James: Yes they have to maintain a pedestrian way, they can't block it.
Mr. Daniel: That also insures insurance which is important being on public property.
Mr. Brandgard: I think we are ok.
Mr. James: Ok, thank you.
Mr. Brandgard: Bill; anything from IT? Clay do you have anything from Parks and Recreation?
Mr. Chafin: I will, but before I do, I want to so I don't forget, remember a couple of weeks ago in my report I mentioned that Duke Energy had sent a bunch of volunteers out to Splash Island to help us prepare. Well in conjunction with that they gave us $1,000.00 to help us pay for the paint, supplies, and those kind of things, so I wanted to present that tonight.
Mr. Brandgard: Thank you.
Mr. Chafin: Yes to give you an update on the weekend, it was good weekend weather wise for us. For the three day total we had just under 7,400 visitors. We thought between 6,000 and 7,000, I played traffic cop on Monday for quite a few hours out there, so we had a very successful weekend, I met the pool manager this morning, David, he was out, he goes, I almost cried tears of joy at 4:00am when I heard the thunder, because he knew it wouldn't be as busy today. We had a very good three days as far as revenue goes too, so we are going to anxiously and very much support Tim in his efforts to put a parking lot at Talon Stream, that was our biggest challenge. We had to call capacity ample times just because of parking. Chief Russell is going to meet me tomorrow and we are going to make sure where we had cars parked on some of those days that he can still get an ambulance or fire truck around the perimeter, we did have a lot of staff that either carpooled or rode bikes, or some were parking at White Lick Creek trial head. So we had some of our staff taking vehicles and kind of running them back and forth on the weekend. Some of them got kind of skittish with some of the thefts going around, other than that it was a really great three days. There was a line going out the front entrance and a line going out the Splash Island entrance and so it was just one of those days, parking was a premium.
Ms. Whicker: That was not only the hot over 90 degree temperature, but the holiday weekend and you had the grand opening of the amenity, so I think the fitness people will become smart and no to come before 10:00, because the people will get in line at 9:30, not that they couldn't come later, but I think if it is a hot day they would probably avoid the peak time of 12:00-3:00 for fitness. Which I hear is almost a ghost town upstairs during a nice day and afternoon, it is rarely…
Mr. Chafin: It is not as busy as it's normally been. I just want to let you know the Police Department and Fire Department the officers that were on patrol stopped in periodically and patrolled the parking lot or they would get out and walk through the deck once if they didn't have a call they were responding too. We had EMS out there for a patron only once in the three days, that was on Monday, they got too hot much like our staff member on Friday night. So if you made it through the employee night, that was a great turnout, we had about 250 I think not counting our staff that made it. Staff was very appreciative and thankful and I wanted to express that onto you the Council that they very much appreciated the fact that they could come and enjoy that and we had given them a hotdog and drink or whatever it may be and we might look at making that an annual thing. It not only gave our staff a chance, plus we had about 60 new people out there over the weekend, it gave them a chance to kind of see what it was like during real operations, but the employees really enjoyed that they kind of had a little private party and their family members could come and enjoy it and so that was really nice.
Mr. Bennett: I think that was a nice touch Clay, very nicely done.
Mr. Chafin: It turned out really well. That is all I have.
Mr. Brandgard: Clay, thank you. Tim, anything from Engineering?
Mr. Belcher: Yes, thank you, a couple of items, one concerns an item that came through the last meeting on May 14th, we received a proposal from Bowen Engineering for a replacement of the Police Department Public Safety building roof system. You gave us authorization to go forward with preparing a contract that was done. Mel had a chance to go through the agreement part and I would like to get that agreement approved if the Council is willing to do that and then Mel still needs to take a look at some of the attachments between general conditions, special conditions and confirm those kind of things and the agreement as I understand is in good shape but Mel could maybe add to that if he would like too.
Mr. Daniel: I've been through the agreement, gentleman from Bowen that sent it out last Monday, but he sent it to the Town Council which I don't get, and he called me on Friday to see if I had a chance to look at it and I said I hadn't seen it, he sent it Friday and I have been through it and through it today. I didn't get through the general and supplemental conditions, but this is an agreement we used before, I really do not expect any changes, the agreement is fine it is ready for the Council to approve and sign off on, we need to move forward and literally within the next day or two I will look those over and he said they will accept any changes we make, I don't expect any changes.
Mr. Belcher: I will just remind you that the guaranteed maximum contract amount was $396,810.00, again the company name is Bowen Engineering and since the last meeting the DRC also approved, the Council had asked that I go to the DRC, Joe was good enough to do that for me to take the proposed contract that you saw that one night about what it would look like after we took those walls down and such, and DRC was ok with that too, so I wanted you to know that, I think we are ready to go with the exception of a wage scale meeting which we will have Thursday and so certainly by the end of this week or next week we will start construction.
Mr. Kirchoff: I would move that we approve the contract with Bowen Engineering in the amount of $396,810.00 for the Police and Communications building roof replacement project.
Ms. Whicker: Second.
Mr. Brandgard: We have a motion is second to approve the contract between the Town and Bowen Engineering for the new roof on the Police and Communications building not to exceed $396,810.00. If there is no further discussion, all those in favor signify by aye, opposed, motion carried.
Mr. Belcher: The second item is really something I am not sure we can get to resolution tonight and I'm not sure Mel may have had a chance to look at this, I have not had a chance to talk to him, regards a couple of the Copeland's that live in the Belleville area, 2065 East 600 South, in the 90's when the new water company Liberty Water Company formed they apparently solicited a lot of people that maybe wanted to be on that water system to become initial investors in that system and they offered them in the agreement if you pay $400.00 now that we will probably make you part of the system, give you the rates we have in place at that time and also give you a tap and a service line to a meter pit that would be on your property for the $400.00. This particular couple called DPW office a week ago or two weeks ago and asked if that deal was still good. We are talking about something that is very old, but yet they are the kind of couple that kept good records, these are people that are honest people and they just wanted to know can we still get this deal. Quite frankly we didn't make any kind of deal when we purchased this utility except all the old deals, we did at the sewer utility, anyone that had paid a tap fee at that time, which then went up later, we accepted those that showed a receipt that they had paid and that kind of thing. We knew how many were there in the sewer utility, we knew what obligation we were taking on and here this is one individual and I don't know if there is 1 more or 100 more in that area that might come in if you were to say yes to this, so I wanted you to understand what could happen here, it may not be a decision we want to make right quickly. I am hoping Mel has some ideas on how we may handle something like this, because I got some ideas, Kent called me today and expressed concern over the issue of setting a precedent and how many more were out there and how big of a decision is it. It is a tough decision to be in, but he was really concerned about if we were to approve this how long are we going to continue to do this will we put a time limit on it from here forward or something where we notify everybody out there that hey you've got till 6 months from now, 90 days from now or whatever.
Mr. Kirchoff: How will we know?
Mr. Belcher: Unless we actually notified all the customers with the utility bill or something and said we just really don't know.
Mr. Daniel: The customers we have is already on the system, this is somebody that is not a customer.
Mr. Brandgard: If I understand what you said, 1997 they paid $400.00 fee and they did not connect at that point.
Mr. Daniel: I didn't get a chance to look at that very much but all I saw in there Tim was a sheet of paper that had $400.00 written on it, I didn't see anything that said a receipt or a check that cleared the bank.
Mr. Kirchoff: Or a check number?
Mr. Belcher: I would agree.
Mr. Daniel: But I haven't looked at that yet.
Mr. Belcher: There is less documentation than we can get from them, but the fact that they've lived there a long time and the conversations that our folks at DPW have had with them they sort of got the sense they have paid this money, but if they have document that more they probably could do that for us. But our fees are now $1,255.00 and we don't provide that service line, so things have changed in that 20 some years about how the system gets put in place.
Mr. Carlucci: Can I ask you a question, raising that water system first.
Mr. Belcher: They are the ones that built it correct.
Mr. Carlucci: Did they make that deal with it?
Mr. Belcher: Yes.
Mr. Carlucci: But not Indianapolis Water?
Mr. Belcher: No. So it would be a second…
Mr. Kirchoff: There might be some documentation that we can track through that contact, do you think they might have kept some records.
Mr. Carlucci: I know this couple really well, they go to our church and I have known them for a long time.
Mr. Kirchoff: I'm not questioning this; I'm questioning what the universe is out there that we might be dealing with.
Mr. Daniel: I think the first thing we probably ought to look at is we bought it from Indianapolis Water Company to satisfy ourselves, I don't think we have any obligation to contracts anyway, we bought assets and so my recommendation would be we start there and then I think we know what we are going to find there, but we are just not obligated to take over the agreements, especially if they were made prior, but that doesn't mean the Town wouldn't sit down and try to help those, but if the only way you are going to, I think cut this off you are going to have to publish some public notice because we have no way to know to know who to contact or who not too, and the legal system sometimes you can't find people you can use public notice and then there is a cut off date and if people don't show up with documentation then everybody else is cut off.
Mr. Belcher: I think the Copeland's are not without water or anything, it is not an emergency situation and even if something happened they could pay and get on the system, so then we could still work things out and I didn't think about that I appreciate that comment because I forgot that we purchased from another utility's purchase so we have to go back through these agreements and look at those and see what we are obligated to do. We will start that direction and I will come back to you as soon as we get more information if that is alright, thank you.
Mr. Brandgard: Don do you have anything from Transportation?
Mr. McGillem: Well we are still lacking one lift on the west end of getting that opened up to local traffic to the Dan Jones Road there, but it didn't go down this morning, it was a little wet so it ought to go down tomorrow. While I was over there this morning it was obvious even though we didn't open it up, others did open it up. Barricades were pulled back, it was obvious that they found their way through to Dan Jones and I guess it doesn't surprise me, they pulled barricades back from the Settlement Drive and they were opened up this morning so somebody has been coming down through the Settlement, well and we got it with one lift lacking, there is about a four inch drop between finished pavement and where the existing pavement is at both the bridge and the other connecting points in there so it is not that far of a drop, especially when somebody went it over about a week ago and there was about a 14” drop on it, 4” is nothing, but we should have the next lift on tomorrow, which will just leave the surface, which is only an inch and a half which is nothing and we will be at that point and time then getting temporary striping down so we can open it up for local which would be property owners on that end, and at the same time they will be putting a solid barricade so we are not going to get traffic from the east we know through there, but it will be difficult keeping people out that wants to go that way from the Settlement.
Mr. Brandgard: Thank you. Did I miss any of the staff?
OLD BUSINESS
Mr. Brandgard: We will go to old business.
NEW BUSINESS
Mr. Brandgard: New business.
Mr. Kirchoff: I just wanted to share a little bit of background, I think Rich provided you a copy of this letter from Providence Estates, I think it was last fall wasn't it? I got contacted by one of the officers of the Providence Home Owner's Association concerning their sprinkler system, arrogation system whatever you want to call it out on the berm that paralleled Stanley Road, and so Jason, Tim, and I met once or twice with them on site and after a number of conversations and some follow up we found that when we had put the trail through there our contractor had, based on some miscommunication had literally cut their system. We worked with them, Jason kind of took the bull by the horns, got a contractor in there and so this spring we had been in there and we have repaired it, it is back to operational, which I think was the right thing for the Town to do because we did damage it, that is the background behind this and I thought you would all want to know how that came about. It was one of those things we didn't quite understand what they were saying to start with and when Jason called the contractor and he said yes when I called you said, it was a little misunderstanding of what he meant, he thought he was cutting a little piece and in fact he cut a whole section of it out. So that is what this is and I just wanted you all to know that Jason and Tim did the right thing on behalf of the Town for the Home Owner's Association.
Mr. Daniel: I see you have Benesch Letters on here, I sent you an email on that initially, and of course that is the result of illegal alien legislation that went through two legislators ago. Initially it wasn't though to apply to professional services, I don't think anyone knows today but the consensus seems to be moving that it does, so what I'd do is rather than to wait till there is an issue lets just deal with it, so I put that together for the Town and that has the illegal alien language in it, standard engagement letter for us, if you have questions I'd be glad to answer.
Mr. Brandgard: Do we have a motion approve the letter.
Mr. Kirchoff: So move.
Ms. Whicker: Second.
Mr. Brandgard: Motion is second to approve the Benesch Letter of Engagement, if there is no further discussion, all those in favor signify by aye, opposed, motion carried.
Mr. Daniel: That is all I have, thank you.
Mr. Bennett: Mr. President, I have two items, actually three items they were all three in my report. The first one is resolution 2012-11. This resolution is a transfer resolution to make a use of appropriated funds requested by the Town staff. The second is an ordinance 06-2012, this is an ordinance amending the current summer sewer rate relief ordinance and at that the appropriate time I would like your approvals on those two items and then the third item is the work sessions for the 2013 budgets and as outlined in my report I felt we need at least 4 maybe 5 three hour work sessions, I think I broke it down for you in my report how I suggest we handle those, so starting the week of July 16th and finishing up during the week of July 23rd and I would like to keep these at no more than three hours at a time, we could do these in the morning, afternoon, or evening. First suggestions would be the 16th and 17th.
Mr. Kirchoff: Do we want to try to do it without Kent's schedule here, or do it and be flexible?
Mr. Bennett: I spoke with him late this afternoon and he said to go ahead and schedule them and he will work around our schedule.
Mr. Whicker: Is the 18th and 19th a bad option for others?
Mr. Kirchoff: 18th during the day would work for me, but not the night?
Ms. Whicker: Do they have to be back to back? Would the 16th and 18th?
Mr. Bennett: I have three windows, 9 to noon, 1 to 4 or 5 to 8. 16th
9 to noon and 18th 9 to noon. That is 2 of the 5, 19th or 20th?
Mr. Kirchoff: I could do an evening on the 19th.
Mr. Bennett: 5 to 8 on the 19th? Ok, s o 19th 5 to 8 and then that push us into the week of the 23rd; the 23rd is a Council meeting so that day is out. We could do it on Rich's birthday the 25th.
Mr. Kirchoff: That will have to be either afternoon or evening on the 25th. I have two commitments that morning.
Mr. Bennett: 1 to 4. Just one more date for backup. How about the 26th for a backup date?
Ms. Whicker: 26th and 27th is out for me.
Mr. Bennett: Ok we will get these done in 4 settings and I will get those dates out. I have the 16th from 9 to 12, 18th from 9 to 12, the 19th 5 to 8, and the 25th 1 to 4.
Mr. Kirchoff: That Thursday might push it a little later 5 to 9 if we need to get some things done.
Mr. Bennett: Ok. Thank you very much. I did hand out tonight just a 2013 budget calendar, this is the DGLF deadlines for your information, so this will give you an idea of why we need to get this done in July, because we will need a couple of weeks to formulate these things and submit ads and so forth. I will give you a more precise budget calendar now that we have dates set, so this is just a deadline set by DGLF so it is not as critical to tonight's discussions. The other point I wanted to bring up Mr. President and Councilors is the amendment to the summer sewer rate relief, as I have mentioned to a couple of you, we've had as usual number of residents that have not signed up on time, and we don't have the mechanism in which to make exceptions based on the ordinance. Talking to Rich, Robin, and Lois, I felt rather than having to tell people no and make exceptions or having them to come in and ask for exceptions, we have the ability now to quickly and efficiently sign up someone for the summer sewer rate at anytime, rather than creating a public relations nightmare, I just thought it might be appropriate for the Council to consider the changes that I've proposed and that essentially is that people can sign up at anytime. They pay their $50.00, if they don't sign up by the deadline they pay a small penalty and there is not retroactivity back to the beginning of the program, they start when they start up. So their penalty is essentially the $10.00 plus any additional sewer rate that they would pay.
Mr. Kirchoff: It's only $10.00?
Mr. Bennett: That is the current; it would be modified to reflect what the ordinance says. One thing that I have not seen recently is the application, so I wanted the Council to see the application that is attached, but the customer does come in and sign, so that is the reason for handing that out tonight.
Mr. Kirchoff: As you and I talked on the phone I would suggest that we consider taking the $50.00 and telling them it is effective the next meter reading date and it is not worry about an extra $10.00 administrative fee, simplify it for your folks.
Mr. Brandgard: I think the reason we go that route is essentially we want to have it all done at the beginning, but if somebody comes in, it is usually because they figured out they messed up and they want to get on it right away, and that is what the $10.00 is for rather than waiting.
Mr. Kirchoff: It is still going to be effective at the next meter reading. It says in here it is not going to be retroactive so if I missed it by two days, I'm going to miss out on a month of the benefit and they are going to set it up at the next meter reading. I was just trying to make it easy for the employees down there to say it is $50.00.
Mr. Brandgard: We had a couple people say they would pay a late fee if they had a way to do it. It is kind of like your electric bill, you don't pay it on time you pay a fee.
Mr. Kirchoff: But again even if I pay the extra $10.00 it is still not going to be effective until the next meter reading.
Mr. Bennett: That is correct. That is all I have, and at the appropriate time I would appreciate your consideration on those two resolutions and the ordinance.
Mr. Carlucci: I have a couple quick items, it kind of reminded me about a couple of things I put in my report. What reminded me was the $1,000.00 check Duke Energy gave the Town. It was interesting because Beth Dietrich who works there, twice a year they clean the creek of debris from Friendship Gardens and they have done this forever and all they ask us to do is pick up the garbage and throw it away. It takes time and effort to go and do that and then if you recall the Duke Energy gardens, they are going to go in there June 5th and conclude that. I guess I didn't realize that first part was temporary and this will be more permanent. I think if you look again at what Duke Energy has meant to the Town, this is just part of it and the volunteers that has always been very nice.
Mr. Brandgard: thank you. Last year we signed a document to go with CIRTA and say that we were going along with trying to get a mass transit in the region, of course that didn't get through the legislature. Since that time Central Indiana Regional Council Chief Elective which is made up of Mayors and Town Council Presidents from Lebanon, Zionsville, Greenfield, Carmel, Fishers, Noblesville, Westfield, Avon, Brownsburg, Plainfield, Franklin, Greenwood, Beech Grove, Indianapolis, Martinsville, Shelbyville, Lawrence. What the group is going to do is send a letter to the legislature candidates of central Indiana again asking for support that they give for recommending the local voters to decide if they want mass transit or if they want to pay for mass transit. So what I am asking is, when that letter comes through do we have consent that I sign on behalf of the Council.
Ms. Whicker: If agreed upon by all of those entities would be the next election?
Mr. Brandgard: No, it has to be approved by the legislature before we can be essentially each County would have its own referendum.
Mr. Carlucci: The referendums, how would that be subject, how does that make up for each County? County Commissioners or County Council can vote to put it on the ballot? I haven't worked on this for a while.
Mr. Kirchoff: I don't remember the exact process Rich, but I think Robin did a nice job explaining the fact that this is not a vote that says we want mass transit and we approve the funding, it is simply saying we support the County offering a referendum to the residents so they could voice their support or lack there of, because I was just disappointed to read in the local paper that neighboring community has misunderstood what this was about and so I appreciate what you are saying but yes, I will certainly support this since I am treasurer of the organization that is trying to get this done it would be nice to have your support.
Mr. Brandgard: Do I have your consent? Thank you.
RESOLUTIONS
Mr. Brandgard: Resolution No. 2012-11 Transfer Appropriations Resolution.
Mr. Kirchoff: This is just reallocating dollars is it not?
Mr. Bennett: That is correct.
Mr. Kirchoff: I would move we approve resolution no. 2012-11.
Ms. Whicker: Second.
Mr. Brandgard: The motion is second to approve resolution 2012-11 the transfer of Appropriations Resolution. If there is no further discussion roll call vote please.
Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
Town of Plainfield Resolution 2012-11 is adopted.
ORDINANCES
Mr. Brandgard: We have two ordinances for the first readings; the first is Ordinance No. 06-2012: Amended Summer Sewer Rate Ordinance.
Mr. Kirchoff: So move.
Ms. Whicker: Second.
Mr. Brandgard: We have a motion is second to approve the first reading 06-2012 to amend summer sewer rate ordinance, if there is no further discussion roll call vote please.
Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
First reading of Town Council Ordinance No. 06-2011 is approved.
Mr. Kirchoff: I guess I would have a question; do we want to suspend the rules and get all three readings done tonight?
Mr. Brandgard: I think so.
Mr. Kirchoff: When does the next meter reading start?
Mr. Daniel: 10th of June.
Mr. Kirchoff: So by doing it now they could basically lose a month.
Mr. Bennett: Yes.
Mr. Kirchoff: So then I would move we suspend the rules and allow for second and third reading and adoption of ordinance no. 06-2012.
Mr. Gaddie: Second.
Mr. Brandgard: The motion is second to suspend the rules to allow the second and third reading and adoption of ordinance no. 06-2012 no further discussion roll call vote please.
Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
The rules have been suspended to read second and third reading and adoption of reading of ordinance no. 06-2012.
Mr. Kirchoff: I would move that we approve the second reading of ordinance no. 06-2012.
Ms. Whicker: Second.
Mr. Brandgard: The motion is second to approve the second reading of ordinance no. 06-2012, if there is no further discussion roll call vote please.
Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
Second reading of ordinance 06-2012 is approved.
Mr. Kirchoff: I would move that we approve the final reading and adoption of ordinance 06-2012.
Mr. Gaddie: Second.
Mr. Brandgard: The motion is second to approve the third reading and adoption of ordinance no. 06-2012 amendments of the sewer rate ordinance, if there is no further discussion roll call vote please.
Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
Third reading and adoption of ordinance 06-2012 is adopted.
Mr. Brandgard: Thank you. We have ordinance no. 07-2012 Amendments to the Plainfield Zoning Ordinance.
Mr. James: Do you remember this one? This was to amend article 4-1 to exempt pump houses and guard shacks to allow them to be in the front setback of the building and the street and then also to amend article 4-11 and 5.4 to change the orientation of loading space requirement from a gateway corridor to a collector street or above.
Ms. Whicker: I make a motion we approve ordinance no. 07-2012 Amendments to the Plainfield Zoning Ordinance.
Mr. Kirchoff: Second.
Mr. Brandgard: The motion is second to approve the first reading of ordinance no. 07-2012, the amendments of Plainfield Zoning Ordinance, if there is no further discussion, roll call vote please.
Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
First reading of ordinance of 07-2012 is approved.
COUNCIL COMMENTS
Mr. Brandgard: Is there anything else to come before the Council? If not I will entertain a motion for the signing of documents requiring signature.
Ms. Whicker: So move.
Mr. Gaddie: Second.
Mr. Brandgard: All those in favor signify by aye, opposed, motion carried, and thank you.
