PLAINFIELD TOWN COUNCIL
June 25, 2012
7:00 p.m.

Mr. Brandgard: Plainfield Town Council meeting for Monday June 25, 2012 is now in session.

PLEDGE OF ALLEGIANCE

Mr. Brandgard: I would like to ask everyone to please rise for the Pledge of Allegiance.

CONSENT AGENDA

Mr. Brandgard: There are several items on the consent agenda, with consent of the Council, the Parks and Director's report will be removed from the consent for the park master plan, so we will approve the Parks and Recreation Director's report but we will not be approving the Park Master Plan.

1. Approval of minute of the regularly scheduled Town Council meeting of June 11, 2012.
2. Third Reading and Adoption of Ordinance No. 07-2012: Amendments to Plainfield Zoning Ordinance.
3. Second Reading of Ordinance No. 08-2012: Anti-Nepotism and Conflict Interest Policy.
4. Second Reading of Ordinance No. 09-2012: An Ordinance Adopting a Park Impact Fee on New Development in the Town of Plainfield, Indiana.
5. Approval of the Aquatics Program Supervisor job description per the HR Director's report dated June 25, 2012.
6. Approval of the renewal for Zurich employee health insurance per the HR Director's report dated June 25, 2012.
7. Approval of Town Engineer's, Parks and Recreation Director's, Transportation Director's, Plainfield Fire Chief's, Plainfield Police Chief's and Planning and Zoning Director's reports dated June 22, 2012 and HR and IT Director's reports dated June 25, 2012.
8. Approval to release all escrowed retainage, approximately $19,000 plus any accrued interest, to Industrial Painting Contractors, Inc. for work associated with the repainting of SR 267 water tower per the Town Engineer's report dated June 22, 2012.
9. Approval not to exceed $52,000.00 to change to LED lighting for the for the Township Line Road project and extend the LED lighting from the west bridge to Dan Jones Road per the Transportation Director's report dated June 22, 2012.
10. Approval of an agreement in the amount not to exceed $42,000.00 between the Town and Butler, Fairman & Seufert, Inc. for engineering design services to provide for traffic signals and extended sanitary sewer at CR200S and RRP intersection with Council member Kirchoff designated to sign the agreement per the Transportation Director's report dated June 22, 2012.
11. Approval of Change Order #3 in the amount of $14,219 with Edwards-Rigdon Construction for work on the Leisure River project per the Parks and Recreation Director's report dated June 22, 2012.
12. Approval of Change Order #4 in the amount of $16,775 with Edwards-Rigdon Construction for work on the Leisure River project per the Parks and Recreation Director's report dated June 22, 2012.
13. Approval to release partial retain age to Edwards-Rigdon Construction in the amount of $132,534.08 for work on the Leisure River project per the Parks and Recreation Director's report dated June 22, 2012.

Mr. Brandgard: Any changes or additions to the consent agenda? If not I will entertain a motion to approve.

Ms. Whicker: Motion.

Mr. McPhail: Second.

Mr. Brandgard: Motion is second to approve the consent agenda as read and amended. If there is no further discussion roll call vote please.

Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes, minus number one due to absence.
Mr. McPhail- yes
Mr. Kirchoff- I vote yes on all of them except item five and I will vote no on that.
Mr. Brandgard- yes
Plainfield Town Council consent agenda for June 25, 2012 is adopted as amended.

Mr. Brandgard: Thank you. We have two ordinances that we approved the second reading on and we will have to do the third reading on.

Talon Stream Bid Opening

Mr. Belcher: I talked some Council members informally on this, but we needed to extend that bid after having the pre-bid meeting and having several questions from Contractors, I have asked that we be allowed to extend that bid opening until July 2nd and have a special meeting with the Council at 6:00 P.M., which is right before the Plan Commission meeting a week from today.

Mr. Kirchoff: I would move that we move the Talon Stream bid opening until 6:00 P.M. on Monday July 2, 2012.

Mr. McPhail: Second.

Mr. Brandgard: We have a motion is second to have the bid opening for Talon Stream project on July 2nd at 6:00 P.M. If there is no further discussion all those in favor signify by aye, opposed, motion carried.

Mr. Belcher: Thank you very much.

BUSINESS FROM THE FLOOR

Mr. Brandgard: Going to business from the floor. We just need a spokesperson if everybody is going to talk about the same thing, we only need one person. There should be a sign in sheet, give us your name and address.

Mr. Ellis: My name is Sean Ellis; I'm here on behalf of myself and my neighbors. This is to do with the property of 517 Gibbs Street. It was recently purchased in a Sheriff's sale; it has been through a court process where it does have access through right of way easement to the property. The person that purchased the property does not want to use that access, they would rather park on improved right of way basically, the grass. It is grass that is maintained, I understand that it is your right of way, the Town's, but it is maintained by us and it tears it up. You park in it; it is going to tear it up. All we are asking to go on record that we would really like for him to access his own property. It is no different than me going to park in my neighbor's yard, I wouldn't do that, it is just consideration, we keep it nice and that is how we would like to keep it. I have some folders here for each of you that has some information in it if you want that, I'd be more than happy to give it to you.

Mr. Brandgard: Thank you, I think most of us are aware of this situation and looking into it. I have a question for you; does everybody use that area for parking, for yourselves?

Mr. Ellis: Just the improved areas, like out in front of my house I have actually paved in that right of way, so it is improved area, my kids park there mainly, me and my wife park in the driveway. Now in front of Dean and Crystal's house, theirs is improved, they have stone. My neighbors just across the street from me, they have stone there. Now Lynn's is not improved, it is just grass, it has a sidewalk that goes all the way out to the street, but the rest of it is just maintained grass. Then at the end of Gibbs Street, which you may be aware, it doesn't go all the way to the end of the street as far as Town property, it turns into private property, so there is kind of a setback there to where he wouldn't be able to improve the front, he only has what he has and it is 12.38 and there are documents in there and that will show you that, I have put it in my papers, but I put documents in there too so you could refer back to as well. That referral there is on page 4 of the actual court case that I know you are well aware of that, so I it would be on page 4 in a highlighted area. There was a couple of things that was said in there prior to this, there was a telephone pole and a manhole, well the manhole, that is not even a problem, it is at grade now, if you are going to put blacktop there it is going to be flush with the blacktop, no concern there. Duke Energy was out the day they came to assess the pole, I was actually home, I talked to the gentleman, they told me they already offered to bury the utilities or move the pole for him, but he doesn't want to pay for it. That is his property; he has to do what he has to do to get it to where he can use it. It can actually be used now, I could pull my truck in there and my boat probably hooked to it, he just refuses to do so. That is basically the problem I have. Thank you for your time.

Mr. Brandgard: Mel, anything the Town can do (Inaudible7:17:39) public right of way.

Mr. Daniel: The public right of way obviously means just what it says, and that is a public right of way, and as long as the Town hasn't regulated it otherwise, and so they will go for anyone to park there as long as it is not creating a public safety hazard.

Ms. Whicker: Mel, can you clear that up for me, that even though its landscaped groomed area of the yard, I know I personally have a sidewalk and I know the first three feet or so are public right of way. But I know my neighbors don't pull up in my yard and park, so I am trying to distinguish the difference. Is there a definition that a curb means something different versus no curb, or a sidewalk, no sidewalk, because that is public right of way to me as well, but I would consider that a yard job, maybe come up and drive through your yard.

Mr. Daniel: I think technically there is probably no difference if you have a curb or you don't have a curb, but I think it is a practical matter wherever there is a curb, I think people understand, the curb is designed for you to park up the curb and to not go over the curb. Everybody knows once in a while we have more cars than you can handle at your home and sometimes people pull up over the curb to get out of the street or whatever else, but generally they stay on the outside of the curb when you have curbs. Where there is no curb, I think it is more difficult and people understand where the public right of way is and where it isn't.

Ms. Whicker: Sometimes with the public right of way I know that whether it is gas lines or electrical lines, those I guess when I think of an easement I think of accessibility to utilities right? And not for parking but for accessibility to utilities so there really isn't a difference between parking?

Mr. Daniel: That is why I said unless it is restricted not the Town otherwise, I mean have areas in town as you know, we have no parking signs even where there is public right of way, so to the extent the Town is established restrictions on a certain area concerning parking even though it is public right of way you can't park there because the Town has restricted that area, but then when you do that, there is a general rule you end up restricting everybody unless you make some kind of an exception otherwise.

Ms. Whicker: The pictures we were provided, those where provided by property owner or by Chief Mitny, Police Department? Ok.

Mr. Mitny: Are those pictures available?

Ms. Roach: My name is Lynn Roach, I live at 514 Gibbs Street in Plainfield, I am a lifelong resident and you were talking briefly about the public safety and I believe myself anyway, my husband and my neighbors, we would like to be treated with respect and dignity how we show each other and in our neighborhood and with the properties that we maintain, and in your packets you will see that the Chief has been out, Lieutenant Lees has been out, Lieutenant McGee came out last night due to another incident that is not in your packet and on the June 5th incident Mr. Wyncoop has agreed all three of the times to abide not by what he wants, but what we want, please park on the street or on your property. He has agreed to this three on three separate occasions. Last night it did escalate, I do not want to get into that that is not why I am here. I just want to be treated with respect, with dignity, for my neighbors, for our properties, for my families safety, for all of our safety. And we would like for him to commit to the agreements that he makes in front of Police Officers, and the Police Chief. That is all I have to say, thank you.

Mr. Brandgard: Thank you. Chief, can you come up here and describe what we are looking at?

Mr. Mitny: This is looking northbound on Gibbs Street on the left hand side of the photograph where you see the American Flags, that is Mr. and Mrs. Roach's property, the next one, that is just a closer look of the landscaping there in the driveway, fire hydrant and then the sign there that is posted no parking or no trespassing?

(Inaudible)

Mr. Mitny: This is on the east side of the street and I believe that is the entrance to Mr. Carter's property, is that correct? Then this is looking southbound east side of the street just out of the frame would be 517 which is the house that was just purchased, you can see the property line has been painted on the street and then, I don't want to get your name wrong, Vanmeter's? Their property is there where the vehicle is parked and the basketball goal. Then this is Mr. Ellis' property as he described where, we are looking north again where he'd paved. This is kind of an overall shot

Mr. Bennett: Is that not about where that planter is, is that about where the Town's is and the private part begins?

Mr. Mitny: Right, that is just so you can see where we are at with the property line and it is posted, and that is the address there. There again that is landscaping there at the right of way, which as we were talking about, he had talked about the manhole and the telephone pole, you can see it in the picture there, I believe the legal description was 12.3 feet and that is the, I don't want to speak out of turn because I wasn't involved,, that is what the judge gave him to access that property. This is a look at the landscaping rock that was put there.

Mr. Brandgard: Is that the right of way?

Mr. Mitny: Yes it is I believe I was up there around the 8th and it was put there after we had the discussion, and like they talked about they understand that is the Town's right of way.

Ms. Vanmeter: I'm Crystal Vanmeter, I live at 509 Gibbs. Lynn and I did go in and talked with Mr. Carlucci about the situation and I did inform him that I was in the process that I had half of my stuff together to do a landscaping and asked him if that would be a problem with that being in the right of way and he had told me no that was fine. I had asked him at that point if anyone could come and remove it because earlier we had the flags down the road where Lynn had placed flags, the guy that purchased the home had come along and just ripped up all of the American Flags from everybody's yard and threw them in the trash can. So I know that is Town property, but if I place landscaping to decorate my home does that become the Town's property with my property on it? He said that was fine, so I finished completing what I had done, probably over, I was in the hospital this weekend so it was last weekend when I did complete it, but Mr. Carlucci had given us permission to go ahead with that landscaping in that right of way.

Mr. Mitny: Another picture just looking southbound, where you can see the right of way where the fence line is on Mr. Ellis' property. Just another picture of the landscaping and the no parking signs that were placed. I have no idea what that is.

Ms. Whicker: That picture spires my question, who took the pictures because I just wasn't sure to replace that and…

Mr. Mitny: Assistant Chief Lees took the pictures. Mr. McPhail to answer your question, here is the plot, the house in the upper left hand corner is the house in question, you can see how the property line comes down through there and you can see where he's got just that small area, anything north of the diagonal line is not Town property, even on the street itself and there is a property line that goes right down the center of that, so half of that is Mr. Carter's and the other half is Mr. and Mrs. Roach's.

Mr. McPhail: They both have access?

Mr. Mitny: They both have access. The right of way that appears in that plot, Mr. Carter has fenced that off and then the right of way that appears in that plot, Mr. Carter has fenced that off and planted some floral there, so I don't know.

Ms. Whicker: And maybe with the pointer sometimes you are really good about having those on hand, so how does that property owner access the street if you are saying that his driveway is on somebody else's private property?

Mr. Belcher: No, this part was, this part was done by the other property owner who moved, the owner of this property, Mr. Carter, (inaudible 7:31:41 not in mic) he is accessible (inaudible) that (inaudible) this 12 (inaudible) what we are talking about (inaudible) this property owner has access to his property, he has 12'. That is what they decided that this property does have access to public right of way right through here and has a pole like you are talking about (inaudible) that is essentially what the judge said.

Ms. Whicker: And that was where the rock was placed?
Mr. Mitny: It is down farther and it's…

Ms. Whicker: Ok that is what I was trying to get that visualized, so right now that property owner goes over grass to get to his driveway?

Mr. Belcher: If he uses that I don't know if he does?

Ms. Roach: (not talking in the mic) This is our sidewalk that goes from his (inaudible) there is a fire hydrant right here, he is choosing for four of his tires to sit (inaudible), he is choosing all four tires (inaudible). Now his crew, they were very polite, parked down by (inaudible) and several times I gave them permission that he was able to carry things back and forth across the street, and I gave him permission on the property side up in here, and not one time has Mr. (inaudible) pulled through here to park at his own property. Last night he was facing my front door with all four tires by the fire hydrant and over the property line. His surveyor has sprayed orange paint in the grass to show where the right of way was in his opinion. The pink line that you saw that was here, we did that because the people that were coming to look and (inaudible) we want people there, it is a (inaudible) as they were led to believe that Mr. Carter's property goes with that house, it does not. The pond does not go with that house. We just want our peace and respect and dignity back. I'm honest, I was blessed to receive landscape stones, it isn't I admit it wasn't exactly how I wanted it to be, but now there are landscape stones, the issue that happened last night. Our property goes here and it goes back, but there is no access except (inaudible). It goes in with this to here, and then straight back to the pond, we share the (inaudible) so this area has become (inaudible) parking lot. The other people that come to (inaudible) house park on the asphalt park here or park here, and that is where I never had an incident, Ms. (inaudible) did have an incident, when I'm not home they were parked on my private property but they have been told and it has been posted on that property to park in this grass or this grass or the Vanmeter's (Inaudible) or in the gentleman that argued with her, (inaudible)I assured her that that was public property (inaudible). They told some potential renters that they can go from Gibbs, cut through her grass; they can go through here and go that way (inaudible).

Mr. Daniel: Would one of you folks come up here, I'd like to ask a few questions, whoever wants to speak for the group. I may be asking the wrong people. Does Mr. Wyncoop own this property on the upper right hand side, the north?

Mr. Ellis: Yes that is 517 as far as I know.

Mr. Daniel: Is there somebody in there?

Mr. Ellis: No, it went through a Sheriff's sale and Mr. Wyncoop purchases it through that Sheriff's sale, so his brokerage firm, I don't know if he personally owns it or his father, but during the firm it is owned.

Mr. Daniel: But there is no one in there now?

Mr. Ellis: No one in there. One thing you had asked, as far as him posting what they were saying about parking and everything, in your packet in the very back, those pictures that I had printed off, that is what he has hanging in the window of the house. One of them is actually referring to Mr. and Mrs. Carter, and there is another one of a posting that he has it listed on Craigs List, now that is referring, I would take it referring to Lynn which she is not causing this issue, she is just trying to make things go away and get back to our lives.

Mr. Daniel: Are they doing construction on this house.

Mr. Ellis: They have done some flooring and minor stuff, no major construction.

Mr. Daniel: I heard someone talk about somebody going back there to work or something.

Mr. Ellis: Yes they were laying some tile and stuff and they were letting them get some water and stuff from their house and so forth.

Mr. Daniel: Do they seem to be finished now or can you tell?

Mr. Ellis: I think they are still planning on doing the roof and some other stuff to it, I'm not sure. I actually have a question for you, one thing is can you clarify to me the right of way that you were discussing earlier, is there any article or ordinance other than a county right of way, is there for the Town.

Mr. Daniel: A right of way doesn't' really go by an ordinance, I don't want to stir this up too long. It is common law issue, as far as what a right of way really means, what rights it gives to the municipality and that sort of thing.

Mr. Ellis: The reason why I ask, can I, this is the only reason. If you read basically read this paragraph right here. Everything (inaudible).

Mr. Daniel: This is talking about apparent right of way means a location with a County highway right of way, this is the Town.

Mr. Ellis: The County right of way, does not refer to the Town?

Mr. Daniel: Right.

Mr. Ellis: That is what I want to know.

Mr. Brandgard: I want to thank everybody for coming in and letting us know the situation that you are having up there, and we are going to have to take some time to look at that and see what we can do to help you.

(inaudible)

Mr. Brandgard: I understand and appreciate that. We will be getting back with you. I will be upfront that is why I was asking how many of you park down there, but the obvious solution is to put no parking down there, but when I look at the pictures I can see issues of getting fire trucks especially down there and if there is cars on each side that can't even get a police car down to the end of the street. So there are some issues that we are going to have to deal with.

(inaudible)

Mr. Brandgard: I can't answer that at the moment, I don't know. If you put no parking up, that means no parking.

(inaudible)

Mr. Brandgard: That would be in the street.

(inaudible)

Mr. Brandgard: We don't have any quick answers, but we will try to see what we might have available.

Ms. Roach: Last night we had an incident, but not to get too much into that, but he did inform us that by the end of the week that he was going to be rocking our world, he had this resolved and it would rock all of our worlds and we would be surprised. We don't know what he has in mind, so I am sure that it will probably involve the police again, the police need to be out doing other things besides this, this is not what the police officers are supposed to be doing, this is completely ridiculous. Mr. Carlucci has suggested at one point, I don't know what Marshall's law meant, but he has suggested that possibly they can enact a Marshall's law, I don' know what he meant by that.

Mr. Carlucci: I was teasing when I said that by the way.

Ms. Vanmeter: I didn't know what that means but ok, I do think that it is escalating each time and we don't want anybody to get hurt, we don't want anything like that to happen and we are as tired unfortunately as the Police Department is tired.

Mr. Brandgard: And I think as in regards to the rock and the other yard beautification out there, that is in the right of way, I think we normally look at that, that is one of those things that it is in the right of way but if we need to use that right of way we will ask you to remove it.

Ms. Vanmeter: And Mr. Carlucci told us that basically if it needed to be removed that either we would remove it or a Town member would come out and talk to us and they would remove it. So that was fine and he did explain that.

Mr. Brandgard: Thank you.

Mr. Ellis: I know you just said maybe taking parking away right of way and all, if you look at the overview of the plat, basically my truck is backed all the way up in my driveway, my front bumper is right just about right of way, so if I have my wife and myself and my two children that drive and they are in the drive way, they are still going to be in that right of way, so that is something for you all to consider, I got to park somewhere, I understand where you guys are coming from, but you kind of understand all we want is him to park on his property, that is the bottom line, just have common courtesy and park on your property, and we are not trying to stir nothing up, we are coming to you asking for help, and that is pretty much it, that is the bottom of the line everything.

Mr. McPhail: You know I have a little better of understanding, I've driven up there twice and looked at the photographs and was still having difficulty until we went through this, and it is a very unique situation. Unfortunately in that part of Town I suspect 75 or 80% of the parking in front of the homes is in the public right of way, so we've got to be very careful that we are not injuring property. It would be nice for somebody to buy the property and get along with our neighbors, it is for sale I assume, I thought I saw a for sale sign or rent, it is a unique situation there when I drove up and seen the driveway blocked off, I didn't remember this, but I do remember hearing about that, but I couldn't recall it, it is a unique situation, we will just have to see what we can do.

Mr. Brandgard: Again, thank you.

Ms. Roach: You will notify us?

Mr. Brandgard: Yes, we will. Thank you. You can stick around or you can go, it is up to you. Just a quick comment before we go on, Steve it is good seeing you, I haven't seen you in a while. Is there any other business on the floor?

Ms. Daum: My name is Francis Daum and I live at 1912 Crystal Bay East Drive. I haven't gotten out and complained recently, so I was afraid you missed me. I went out to the Rec Center on Wednesday to try to workout and I circled the grounds two times, among a bunch of other cars that were circling around the Rec Center, there was not a parking space anywhere to be had. I'm sure I am representing other people in Plainfield as well as myself. They didn't have the courage to come and talk to you. The Splash Island or Leisure River apparently is a great success in some people's minds, it is not something that I usually use but I do go out and work out at the Rec Center three times a week. I am sure most of the parking was being taken up by those that were at the Splash Island or Leisure River and I do know that a lot of them were not Plainfield Town residents, a lot of them were from the Indianapolis area. I would rather see you include Guilford Township Residents as in town residents since they do in a way support things in our Town also. If you do that, which I think would be a very good idea, then you might want to consider limiting the hours for those that are non residents to certain hours during the day, or to certain days of the week because it is very inconvenient for a Town residence who have paid their membership dues, who want to use the facility to stay healthy and they cannot find a parking spot to enable themselves to go in and do that. I gave up and went home. I just couldn't find a parking spot; I wanted to let you know before Clay got up here and repeated the comments that we don't have enough parking.

Mr. Gaddie: How much time do you spend in there, an hour or two?

Ms. Daum: I spend about an hour and a half three times a week.

Mr. Gaddie: I wonder if we had two hour parking if that would…

Ms. Daum: 2 hour parking limit, somebody would have to monitor that and I don't think the Town really wants to do that. The time of day that I happen to go out there on Wednesday, I doubt very seriously that there were very many people upstairs exercising, that is one reason I try to hit those times, but I couldn't find a parking spot anywhere, so I just gave up and went home.

Mr. Brandgard: Again we appreciate your comments and glad you came in to give them to us, but quite frankly the Leisure River I think has far exceeded anyone's expectations, in fact that whole facility has exceeded everybody's expectations and we know we have a parking problem and we are trying to address it, I don't think we have a solution yet, but I appreciate your comments, we are working on it.

Ms. Daum: Well I really think that Guilford Township residents shouldn't all be included as in town residents and limit it to the outside people who are not Plainfield residents.
Mr. Brandgard: The reason they are not included is, the facility does a real good job supporting itself, and that is why you have the cars there. They pay for the facility, but there are still tax dollars that go into it and the people that live outside of Plainfield in Guilford Township are not paying those tax dollars that is why the fee is higher if you are not in the Town.

Ms. Daum: Well they are paying for fire protection through the Town, they are paying for school facilities, and there is other Town amenities that they are putting their money in, but not perhaps tax dollars for the Town.

Mr. Brandgard: That is correct.

Mr. Carlucci: Mr. Brandgard, I've been having this discussion with Tony Perona about this and someone is looking at it in terms of the Township people, so I just thought that I would mention that.

Mr. Brandgard: I thought we were.

Mr. Carlucci: I'd like to mention I went over to workout, you will appreciate this Francis, I don't know what time it was, maybe 2:30.

Ms. Whicker: It was 2:30.

Mr. Carlucci: Yes because Renea almost ran me over on the trails, anyway, I couldn't find a parking spot and the car is pretty big and I thought I am just going to wedge something into this. I came back to Town Hall, took my keys, cell phone, and I just walked back to the Splash Island because it was just easier for me. Not everybody can do that and the one thing that is driving a lot of this is just these continuous days of heat and it does not help when in Indianapolis one of their parks has a big problem and that drives more people to try to go somewhere where they think it is safe. I think that is a positive for the Town, but I decided that I really wanted to work out and it was a long walk, it is a tough situation and I can appreciate that because I got stuck yesterday with that and saw Renea and her husband were biking. I think the one thing we are taking a look at is adding more parking to the north, to the Talon Stream area next year to get some additional parking. We are not lost on that because I think; I just did not think it would go as well as it has. But that is driven by the heat.

Mr. Brandgard: And it doesn't look like that is going to end, for the moment anyways. Thank you, is there any other business from the floor?

Ms. Strack: My name is Louise Strack, I live at 312 Shaw Street in Plainfield, and I came tonight to talk about and get some clarification on the pedestrian crosswalks through the Town. Some have flashing lights, and now there are stop signs on the trials, some have the pedestrian crosswalks, especially there is one at Buchannan and Center Street and it is marked on the street that it is a crosswalk, and there is signs and yet I think that motorists don't think about stopping, they don't know there is not a sign that says motorists must yield to pedestrians and so you stand to wait to cross. Some of the stop signs on the trail, where it says motorist have right of way, like if you go south on Center Street, I think it is north and south Broadway, right before you get to Hummel Park, you kind of make a U, there are stop signs there where it seems if you were on that road it would be Center Street you would have the right of way to cross Broadway, but it says pedestrians have to stop. So I think something either needs to be clarified, the only ordinance I could find and I looked was that pedestrians have the right of way, that maybe signs need to be posted so motorist do know they have to stop, do they have to stop at flashing ones, and not non flashing ones? There is even a pedestrian crossway on 40 in front of St. Susanna, and it is marked pedestrian and it is on a crosswalk, and I imagine if you stood there as a pedestrian, motorists are not going to stop, they don't stop on Center Street at Buchannan and that is just two lanes, so I think either getting all of the new signs maybe we need to find a sign that is posted with a pedestrian crossing that motorist must yield to pedestrians or something to inform motorist of what the law is.

Mr. Brandgard: I think as I recall, and everyone jump in and give me assistance when I walk off the bridge with what I am saying here. As you notice on some of the trials we have put signs up that say stop because motorist have the right of way. I think that generally the way Indiana looks at the crosswalks. The motorist has the right of way, if a pedestrian is in the crosswalk, then the motorist has to yield to the pedestrian. But I don't think in Indiana a motorist has to stop and yield to allow somebody to cross the street, and that is why a lot of places we have buttons to allow that to happen.
Ms. Strack: There was an ordinance in Plainfield and it was in 2005, and it says a driver approaching a yield sign and obedience to such a sign shall slow down to reasonable speed and be prepared to come to a complete stop if a vehicle or pedestrian with the right of way is approaching from another direction. Now I don't know if your right of way is marked, and there is signs that say pedestrian crosswalk, do you still not have the right of way when you come up to that crosswalk.

Mr. Brandgard: On the yield sign, I think that is standard Indiana verbage for a yield, it means what it says, you can go through in most cases it is an intersection or any type of street if there is no traffic coming, but if there is traffic coming then you have to stop, that is the yield part.

Ms. Strack: So then why are there so many pedestrian crossing signs and marked if you don't have to slow down or stop?

Mr. Brandgard: They are there to alert the motorist that they are crossing and they need to be cautious.

Ms. Strack: Ok, then maybe that is something to consider if we are going to have all of the trials and all these crosswalks of people crossing and we promoted at some of them that the motorist needs to stop. Because when I talked to Captain Weber at the Police Department and she had assumed if it was a pedestrian crosswalk, traffic had to stop, that usually the pedestrian has the right of way.

Mr. Brandgard: Only if they are in the crosswalk.

Ms. Strack: So if I step into the street then the car has to stop. It just seems that with all of the trails and stuff that we should have something that pedestrians to protect us.

Ms. Whicker: And I agree Louise, but so many people do stop, and then you have these little kids, that because people stop at the yellow flashing and they don't realize that the next car is not going to stop and people aren't consistent with their actions.

Mr. Mitny: With your question about walking off the curb, the State Statute actually says that a pedestrian may not suddenly leave a curb for other places of safety to walk or run in the path of a moving vehicle so close as it has to constitute an immediate hazard. But you will have a lot of people do that, and Council member Whicker your question there is a statute that if somebody does stop at a crosswalk, and there is a pedestrian in that crosswalk, then no you cannot go around that vehicle and continue through. But the way the crosswalk is designed just like the President said, we will take Dan Jones because it is a wide road, if I am heading southbound on Dan Jones Road, and the pedestrian is heading westbound and they are on the east side, I can still make it across the crosswalk, because they are not half way through the crosswalk, but once they get to that half way point, I need to stop, because they are in the crosswalk, but if they are not in the crosswalk and they are standing on the side…

Ms. Whicker: Median or no median.

Mr. Mitny: No, it doesn't matter.

Ms. Whicker: Flashing not flashing?

Ms. Mitny: And there again, a flashing caution light is just that, it is a caution. If we want traffic stopped then we will have to put an actual red light there that cycles.

Ms. Strack: So what you are saying is if I cross Center Street at Buchannan and there is no cars, and I am crossing east or west and there is no traffic northbound but if I stop (inaudible not in mic).

Mr. Mitny: By the letter of law they should, but everybody is in a hurry and that is why we all need to be diligent about it.

Ms. Strack: And that is (inaudible not in mic).

Mr. Brandgard: One of the issues I think we have is the State has seen 50 issuance drivers license with no testing, I know when I originally got my license when you renewed you had to take another test, well they have done away with that, so you are not constantly reminded as a motorist of what the laws are. I think that is a downside getting everybody through the system quickly.

Ms. Strack: It as suggested possibly putting it in the letters going in the water bills?

Ms. Whicker: I suggested that too after I received your email, and I suggested that to our Council members we would consider that as a topic to educate.

Mr. Mitny: Safety tips.

Mr. Brandgard: Yes. I am going to say this, because I don't know how to make it work. I've been down in Tennessee, and I have been down in North Carolina, and I want to say Gatlinburg, Tennessee and the Town just east of Ashville, North Carolina, or the rules of the road are if a pedestrian steps into the street, traffic has to stop and let them cross. Now I am asking a question, is that a State, or just local? Again I f you did that I don't know how you get the message out to everybody that, you can pretty much do it to the local people, but there is so many people traveling through, I don't know how you can do that.

Ms. Strack: Well rather there is signs that you (inaudible not in mic).

Mr. Brandgard: I think we can see if there is some kind of public service message we can put out to address that.

(inaudible not in mic)

Mr. Perona: You know to remind people to cautious is the reason Louise and I talked about this, but when you are trying to cross out there by the Rec Center where the Vandalia Trail crosses that, people don't even slow down and you've got the lights, you've got signs up, and people don't even slow down, they just go right by and that has to be one of the heaviest traffic pedestrian/cyclist. But we can certainly try and make people aware of it that way.

Mr. Daniel: They do that on Center street; once again last night I was going up North Center from downtown and three bicycles where the trail goes across, I was 25 yards away from them and all of a sudden here come three bikes, they must have been doing 15mph and didn't look. There is a sign right there on Center Street on that trail saying they are supposed to stop, and they fly through there because I am up and down that street regularly and a great deal of people on bicycles never stop at that stop sign to cross Center Street.

Mr. Brandgard: And you can't get into that, when you talk about bike trails and this type of thing, everyplace I've been where they have that, even Europe is big on riding bicycles, it is a disaster for pedestrians. Over there they give the right a way to bicyclist, and if you step into the bike lane you are fresh meat for the bicyclist. Again before we can even step into the bike lanes, we are going to have to address the safety issue. Again thank you for bringing it in, it is something we are all aware of, but we need to be reminded of it occasionally to have some direction, thank you. Any other business from the floor this evening?

Ms. Daum: I saw four lanes of traffic on Dan Jones Road stop for a mother duck and her ducklings cross that day.

Mr. McPhail: For the past four weeks or more, I have walked that at least once a day, I have not had one automobile slow down on Dan Jones Road, they are running 50 or 60 miles an hour and I've not had the first vehicle slow down. Maybe I will get me a duck and take with me.

TOWN MANAGER'S REPORT

Mr. Brandgard: Town Manager's report.

Mr. Carlucci: Just quickly, as you know we have a trail that connects from Hummel Park up to where the new Police Academy and where Tim goes to church, and we have had a problem up there for the last couple of years with the kids in those neighborhoods back there cutting through peoples property and it seems to be exasperating and being a mortal problem for those residents. I know Jeff is aware of this, he is doing his best at trying to catch them, but if you are not right there you can't, it is not that they are just cutting through people's yards, it is what they are saying to the people who live there, and I am really talking about on the very west side of that trail where those houses are at. I think I would like, I've been in contact with the homeowner, I would like to research maybe just putting a fence up and blocking them off all together. Now the problem with that is, they are kids, and kids are very good about getting around obstructions but I don't know if Clay, I don't know if you've got anything else you want to add, but we would like to take a look at that and there is no other way to do this, does that make sense, we might come back and ask Council to fence up that.

Mr. Chafin: I have met with a homeowner twice and went to his house and met with him and his neighbor and saw the area which is, you know where the Community Garden is and the trails on the far western end of that field of that Community Garden, so the folks from the neighborhoods to the west are cutting through instead of going up to Hadley and following the trail around, they are making a straight shot and cutting through there. I did talk to the homeowner and we did get the Police Department and the Communications Department involved and said hey listen if they call this is what they are calling about and we have tried that route and as Rich mentioned unless they are there Johnny on the spot, it is kind of hard to catch them and so we did look at a fence option at one time, it would be same type of fence that is on that trail, the 6x6's or the 2X6's wood type fence that would be down through there, and it would have to go pretty much the length of the trail and around that corner just a little.

Mr. Brandgard: Yes look at that.

Mr. Carlucci: I appreciate that, thank you.

STAFF REPORTS

Mr. Brandgard: We will go to staff reports, Chief Russell, anything from the Fire Territory? Chief Mitny, Police Department? Ron, HR? Bill, IT? Joe, anything from Planning and Zoning? Clay, Parks and Recreation?

Mr. Chafin: Good evening, in my report there is a handful of items and I wanted to take some time to go over a couple of them. The first item in this report as well as the report prior to tonight was a copy of our departmental master plan and to just give a brief overview or a recap is that we started this process in October in 2011 and we hired Pros Consulting to come in and work with us on creating a departmental master plan with the goal to give us a guide for planning and developing for the next five to ten years, we had a handful of different small master plans for different parks and things like that and different types of improvement plans and or projects and equipment lists with the goal was to bring them all together into one document that we could use. So with that we had a handful of different ways to get the community involved, we had public input meetings, we did surveys online and at the Rec Center, which I was surprised how well received post it notes on a white board went over just a little informal way of getting information. We also did meetings with key leadership and stake holders with some of you that are up here and other business leaders that are in the community and are vested in the community to get there input on our department and this plan. We were able to evaluate our facilities both Recreation Aquatics Center and some of the other facilities that we have at our parks, our depot, we were able to evaluate programs where we were, where we are at, where we would like to go and compare those to some of the industry trends that we were seeing and some of the staffing levels that we were seeing, we were studied demographics and then we looked at evaluated existing and potential funding and revenue sources along the way too. You will notice in that plan there was five key community values that popped up from meetings and all of the input and surveys and the community mandates that we are in there, there were standards that we were able to look at and we were able to measure ourselves against to see where we had deficiencies to see where we were in good shape, we also were able to look at our programs and services, our business practices and where we are at with our community outreach and partnership programs, all of those things kind of put together we were able to kind of put a summary together to prioritize their needs whether it is facilities or programs, all those things let us create the facility standards, capital improvement plan, and then revenue strategies that were in the master plan that was part of our report. I wanted to recap that for you, see if you have any questions or any input, find out if there is anything we need to edit, add, change, clarify, get your feelings on whether you are ready to move forward with adopting this master plan or if we want to take another two weeks to read it, digest it, before we implement it.

Mr. Kirchoff: I've got a number of comments, so my real question was do we want to take time at the Council level or do we do we want to, can we accept it, and then come back later, or how should we go about it, because like I said, I've got 10 or 12, nothing major but just kind of clarification and some I guess opportunities to discuss, the capital needs are, so my question is how do we want to go about this?

Mr. Chafin: I think the way Mr. Younger proposed, the master plan it gives us direction, it gives us the ability or some flexibility as we move forward into prioritizing and utilizing this capital improvement plans and it gives us that ability to say ok, we have the funds for it, lets do this, you know what I mean, it kind of gives us the ability to give it a working document to a certain degree too.

Mr. McPhail: I have tried to go through the thing, I want to go through the thing again, I have been through it briefly, first thing that really struck me, is that there is a great deal of emphases on staffing differently than we have currently been staffing, yet I seen no financial analysis of that or how we would change to do that, it may be in there, but I haven't been able to find it and with just a breeze through, when I see a strategy that doesn't make a lot of sense to me. If programming says we need to hire more people for our current conditions, but for when we say we have a strategy and one of the strategies is to hire more people, that doesn't make a lot of sense to me. Then I look at some of the parks and it says we need to do a master plan, but I thought we were doing a master plan, so we've got some sites that I've got questions about, what are our plans, did we not cover that in this or did I miss it going through it. I don't think we can, I'd prefer to have a work session or something and spend some time on this thing. When we, as far as I am concerned, when we adopt this we are telling the public that we understand it and we know what is in there. I'm certainly not ready to do that.

Mr. Brandgard: Is there a timeline on when this has to be?

Mr. Chafin: No.

Ms. Whicker: From what I hear, when I hear you wanting is more details as to why and be more specific, is that correct?

Mr. McPhail: It may be in here Renea, I just couldn't find it the first time through, and I went through really quick, cause I hadn't had it very long.

Ms. Whicker: And this is a different format perhaps more detailed.

Mr. McPhail: It may be there, and it may not be there.

Ms. Whicker: I think it is probably one of the most detailed…

Mr. McPhail: There is a lot of information in here, but I haven't seen it tied together to make sense to me, maybe it is, and I will spend more time going through it.

Mr. Brandgard: I think, this is a master plan for the parks system, and I look at it and I understand the questions and that, but on the other hand if we adopt this, that doesn't mean everything is going to be done.

Mr. McPhail: Oh I understand that.

Mr. Brandgard: Or get done the way it is proposed to do. I think it is a road map.

Mr. McPhail: It is going to be a working document.

Mr. Kirchoff: That is overall I am comfortable with it, just some opportunities for some discussion will help me to know what the thought process is.

Mr. Chafin: Sure, if everybody had a question want to send me an email with your questions, then I can compile them and then that way I can send a response so everybody can see the questions and answers as well.

Mr. Brandgard: I'd rather see us do a work session directed to this.

Ms. Whicker: My first thought was we'll mention some of those things in questions so maybe, I still think the public Council meeting might be a time to talk it over unless it is too much.

Mr. Kirchoff: I think we will spend an hour to an hour and a half myself.

Mr. McPhail: I would like a little more time, I may find some of my own answers, but a brief look through there and reading the executive summary it just didn't tie things together for me. Maybe I need to and I will go through it again.

Mr. Chafin: I think it allows us to have a document that when we put our budgets together, to help in that prioritization, as Mr. Brandgard said, we may or may not be able to do things that are listed there in a specific order at a specific time because of maybe the revenue or the budget that is available or other factors that we are having to take into account, but to at least gives us a road map of ok, these are the priorities that all these key community stake holder and public input meetings that we've had, and kind of dots the most important things that we need to be focusing on.

Mr. McPhail: One thing you know, and I think it is really important at a critical time because we are getting ready to go into budget time, if we are going to do a major reconstruction the way we are staffing that, we need to be prepared to do that during the budget session. Don't you think? And believe me that was the biggest emphasis I saw in the executive summary, was staffing differently and I don't have an opinion one way or the other.

Mr. Kirchoff: Which is why I voted against on the new job description in the consent agenda because I don't know where we are going and I'm not ready to approve any more job descriptions.

Mr. McPhail: I don't have an opinion; I just don't have enough information to have an opinion.

Mr. Carlucci: We will make sure that we get with Clay and get some dates so that we can move this forward, there is no timeline, we are not under pressure like we are on some other things, parks are still wearing pretty well, as long as they are being maintained, I don't see why we can't try to work something in for an hour or an hour and a half someday and get these questions answered and we can move forward and Council will have a comfortable level and so will staff.

Mr. Brandgard: I think with the Parks and Recreation is a large part of the Town. Ten years ago it was not a big park, but it is becoming a very large park, so I think if we have a master plan it deserves to go through so everybody understands what is in there and what it means. I mean when we do a comprehensive plan for the Town you do the same thing, we have a work session to go over it to understand it.

Mr. Chafin: Sure.

Ms. Whicker: We have a budget session starting on the 16th of July, I would prefer we set a date right now and not wait to come back and try to get it together. Can we do that tonight? Because I think with going through budget then this would be important.

Mr. McPhail: I don't care what time of day it is.


Mr. Kirchoff: The only reason, I guess the question I would ask is it necessary to do it before budget, are you proposing major staffing changes between now and next year?

Mr. Chafin: No I wasn't, the only one was that Aquatic Programming with the job description was there for tonight was that we were going to get the job description approved and then to provide you with the financial analysis like Mr. McPhail was asking on the program side of things so that position would be solely funded from the programs that it helps administer.

Ms. Whicker: To relieve the budgeted items.

Mr. Chafin: It wouldn't come from the general fund, it would come from non-reverting funds, so that was the only staff that we were looking at this time to be adding no additional staff unless we were looking at an additional parks guy to help in the parks.

Mr. Bennett: What about next year Clay, were you targeting additional staffing next year?

Mr. Kirchoff: That is what I just asked.

Mr. Chafin: Fourteen would probably be if we are adding an additional guy on the parks.

Mr. Bennett: I thought you said this year.

Mr. Kirchoff: No next year.

Mr. Chafin: I got a staffing jockey going around right now and we will again later this year first of next year, so

Mr. Bennett: Is July 11th during the day ok?

Ms. Whicker: I think the unforeseen or the staffing with the pool being at capacity and these hot weathered days with the employee levels as far as keeping staff, you guys have not been understaffed and I believe those people are working the maximum.

Mr. Chafin: Yes we will have quite a few people that we will have in this pay period that will have 1, 2, or 3 hours of overtime because we have not had a break. Every since we started Memorial Day weekend pretty much. Ms. Daum came at the one day, the largest total attended history of the campus on her Wednesday tour of the parking lot.

Ms. Whicker: 3,412 people.

Mr. Chafin: It was the largest attended day ever.

Mr. Brandgard: The 11th won't work, that is the Duke Energy Community…

Ms. Whicker: The morning of the 13th is float for a cure, is that still at the Aquatic Center Clay? Oh that is 8 P.M.

Mr. McPhail: We should be able to find a parking place at 8 in the morning, or do you want to meet here.

Mr. Chafin: Whatever is convenient for you all?

Ms. Whicker: 8-9:30, do you think an hour and a half session?

Mr. McPhail: I think so. I will try to forward as many questions to Clay as I can.

Ms. Whicker: Would you to maximize your time, would you like to meet at 7:30?

Mr. Brandgard: I'm up early so I can meet at anytime.

Mr. McPhail: It's fine with me.

Ms. Whicker: Clay what time would you like for us to start? I'm just thinking then maybe we can have left the parking lot by the time the pool opens.

Mr. Chafin: 7:30 at the Rec Center on Friday July 13th. I will make sure we have a meeting room available.

Mr. Brandgard: We should try the media room and see if it works.

Mr. Chafin: Summer camp, 60 kids in there. If you would send me your questions, read through the document and if you have additional questions we will maximize our time if I know them in advance and can answer them when you get there.

Mr. Bennett: That is July 13th at 7:30, correct?

Ms. Whicker: Yes.

Mr. Chafin: I have one additional thing. The Park Impact Fee, you are in the consent agenda the second reading was approved, and we discussed…

Mr. Brandgard: I had mentioned there are 2 ordinances in there; we remembered to do the third reading.

Mr. Chafin: Did you have any other questions about that that you would like for me to answer?

Mr. Brandgard: Don, anything from Transportation? I will make a comment on the Township Line, when they built that road up about 20 feet from where it was down there by the bridge, believe it or not there are people that come and go down across the bridge. The road closed sign but they…

Mr. McGillem: We are going to cut that off real quick.

Mr. Brandgard: I was going to say the other day I was leaving and drove by the entrance to The Settlement and two cars came out and I stopped and looked at them and they followed me out and turned south on Dan Jones, but they wouldn't go around.

Mr. McGillem: Those are just daily activities that we deal with, nothing special. The people that are going down and through the bridge is going to stop, the bridge contractor got started here this week, so that will be taken and filled all up and it is all stabilized so the bridge contractor will be in starting to drive by like the building the walls so that bridge will be coming out pretty shortly. The biggest problem right now is that we've got pavement along the east end too for the round a bout all the way up except for the surface, so as far as most people is concerned that road is open now too.

Mr. Brandgard: A lot of people need to go back to school and learn how to read and understand things, total lack of respect. Tim, anything from Engineering?

Mr. Belcher: First I just wanted to thank you for the work session on the sewer and as I talked there are a few things I had to get going around through which are in here tonight a couple you will consider later, one being a piece of property along Ronald Reagan Parkway and Columbia, that is the sort of a critical location that we need to put a long term permanent lift station for our eastern service area. I've got two contracts draft form in there it is a relatively large contracts and I want to give the Council plenty of time to look at those connecting the Settlement up and then the South Waste Water Plant, and hopefully we will talk about those at the next meeting or if there are any questions in between, please let me know. The last item I wanted to speak with you about and I really what I am asking for is your consent to work with Mel on something but, it is a little unique in that it has been some time since the property within the Town of Avon has been requesting sewer service from the Town of Plainfield, so it is unique in terms of, not that the sewer service is unique, it is the players involved I guess is what we are really talking about here, it is in an area that we intend to serve as far as our agreement with the West Central Conservancy Agreement reached several years ago, so that is not really an issue anymore as it was several years ago, but the fact that this developer who is requesting service from us gets that, there may have to be some requests from Avon first to do that so I would like to have Mel's help on how we negotiate through this properly because obviously we don't want to get on the wrong side of something going on up there. It is not his only case that we'll hear, it does not have anything to do as far anything except sewer service, no water service, it is not going to be annexed to Plainfield, so with your consent I would like your permission to work with Mel on that and try to get the right kind of letter. The developer certainly understands there will be conditions on any kind of approval but essentially there is 350 unit apartment complex that he is trying to get rezoned through Avon and if he is successful he will need sewer service.

Mr. Brandgard: You have consent.

Mr. Belcher: I will keep you posted on how this is going, thank you. Jason isn't here, but we have a presentation from the Public Works here tonight.

Mr. Unterreiner: Thank you, Good evening everybody, as you know about a year ago we opened our doors up to the North Waste Water Treatment Plant to the public for pubic plant tours and I think it has been going pretty good, we did 3 last summer, and we've done one this summer so far. The first one last summer for some reason they have been the hottest days of the year when we do these, we had 22 people show up for our first one last June, and July there was like 7, that was probably one of the hottest days of the summer last year, it was like 98 degrees that day. I think the heat index was like 100 or something, a little over 100. One of the cool things was one of the supervisors, one of the original supervisors from the north plant back in the 50's showed up, and that was pretty neat talking to him. He works at Industrial Waste Water Plant now for I think it was Rolls Royce. In August it was another hot day, and we had about 8 people that day and that is kind of what I was expecting, somewhere between maybe 8 and 15 people showing up for these things. Then before that one last August Brenda Holmes from the Enquirer came. She did a pretty nice article in the Flyer, I don't know if any of you saw that article but she did a pretty nice job on it. That is kind of how things went last year; I was pretty pleased with how it went. So far this year, it has been a learning curve for all of us too, we did a couple of things different, we advertised it more and we were able to get an article in the Flyer before the first one came out. I think that was a really good benefit to do that, I think Tony is the one that got that thing going for us and I think he put something on our Facebook page and there is a thing in the Waterline too. We always set that sign board out front and that grabs some people's attention like a couple of days before hand. I think that is kind of the key to success is getting the Flyer seems to be the way to communicate it. It seemed like that really helped. The reason I say that was, our first plant tour for this year crew members where telling me nobody is going to show up, it is the hottest day of the year, so I just felt from last year there would be a few people show up, well they got to eat some crow for dinner that night. We had 29 people there for that one, we had a really nice turn out, and the other thing about that was we had some folks from Brownsburg come over and some from Avon. That was something that I sure never expected from this thing. Really that is pretty much it, we've had some nice people come through there, everybody is always real interested in the place and the crew does a really good job of making it a good experience for all the people to come in there. We always have plenty of water for them, one of the guys got a little overheated this last time and one of the crew members took him in and let him cool off a little bit, we keep an eye on people.

Mr. Brandgard: I have to tell you I had at least one person tell me that you did a fantastic job explaining. I told Jason Friday morning to sure let you know what you are doing is really appreciated. I would like to see us do that with water plants, we can get people to understand what it is that is being done.

Mr. Unterreiner: People always have a lot of good questions and a lot of good input and that is really kind of a laid back fun thing for us to do. We really enjoy doing them, so thank you guys for supporting us on this.

Mr. Brandgard: More importantly thank you for taking the time to do it that is a lot of work into that program.

Mr. Unterreiner: We had a lot of help. I mean Jason his enthusiasm in this just something, I mean he has always been real supportive of this and he's backed me on it and he is just real enthusiastic on this whole thing.

Ms. Whicker: My mother in law told me that when she was going on Waste Water Treatment Plant tour, she and a bunch of her friends and I think it is for next month. So don't think there will be fewer people next month because I think there is a big crowd coming because they are already talking about it.

Mr. Unterreiner: One other thing that surprised me, a guy from Greencastle called me a while back and he wants me to come out there and do something with one of their schools in October, so that was kind of a surprise, it has taken off good.

Mr. Brandgard: Good, thank you. Did I miss any of the staff?

OLD BUSINESS

Mr. Brandgard: Old business, Kent, Renea.

Ms. Whicker: I plan on being here Monday at 6, speaking of Monday. But no old business.

Mr. Bennett: Nothing additional.

Mr. Gaddie: I have one question, a lady called me on Gibbs Court who didn't give them their (inaudible 8:46:25) when we did all the service and the storm water, I will get the actual numbers though, she hadn't had a problem two months ago.

Mr. Belcher: Yes, nobody has.

Mr. Gaddie: I just don't know what the problem is the water backs up and goes across the driveway. So I will get that information to you.

Mr. Belcher: I would be really happy to go look for the drainage problem.

NEW BUSINESS

Mr. Brandgard: New business.

Mr. Kirchoff: I have three things, just while we are talking about how dry it is and the holiday coming up. I assume the fireworks are going forward are we taking special precautions about 4th of July?

Mr. Russell: Yes, Fire Marshall Foster is that and we are taking a little extra care than normal, we are always careful anyway, people are asking me all the time in this dry weather, what are we doing differently and honestly we don't do anything differently because we are always watching out for a possibility of a fire, we have had a significant increase in small grass fires and mulch fires and things like that, people aren't as careful as they should be sometimes. So in our jurisdiction we haven't had anything real significant, there was a significant fire over in Center Township earlier today, but anyways, yes we are taking special precaution as I believe. We are supporting, the County is probably going to do a burn ban and they have asked all the Fire Chief's if they would support that, obviously we support that.

Mr. Kirchoff: And also you will probably have to communicate someway for local fireworks in people's yards and things.

Mr. Brandgard: That brings up an interesting point. I think we know how to control things on a major fireworks display going in and watering the grass before, but with the cooperation of the fireworks stores, that is an element of concerns is people buying those things.

Mr. Russell: They have to follow the current ordinance and there are several people that violate that ordinance on a regular basis. I bet later this evening you will have just have to go outside and look around, there will be some going off somewhere.

Mr. Brandgard: I think a little more vigilance is required on everybody's cart to watch. All it will take is a small spark to set things off.

Mr. Kirchoff: That is why I brought it up.

Ms. Whicker: When did the County anticipate putting a burn ban in place?

Mr. Russell: I don't know, I was just asked through an email if I was in support of it and I said that I was, but I don't know that any action has been taken yet. I'm not sure that it…

Mr. Kirchoff: There are a number of Counties who already have.

Mr. Russell: Yes, I realize that, it is typically in the past that the President of the Hendricks County Fire Chief's sends a letter to the County Council asking for it, I don't know that that has been done. I was out of Town during the last Chief's meeting.

Mr. Brandgard: That brings up a point, when the County issues a burn ban, how does that affect the Town, when the County has no jurisdiction?

Mr. Russell: The way I read the law if I was the Fire Chief, if they approve the ban, I as the Fire Chief can say in our jurisdiction there is a burn ban, or you as a Council can do that either way.

Mr. Brandgard: It is kind of the same way in the winter when the County issues a no driving order for the County, that doesn't necessarily mean you can't drive in the Town. I was asking from the standpoint mainly if the County has approved the ban is there anything we need to do to back it up?

Mr. Russell: To my knowledge this will be the third year in a row that we've had one, and to my knowledge we have not done anything in the past simply because the law states that if the Fire Chief wants to do that he can, so in the past we thought it has been anything necessary, all of you have enough business as tonight shows to worry about, we can handle this, we will just handle it on our level.

Mr. Brandgard: And the reason I am asking, I've been asked that question.

Mr. Kirchoff: Seeing how things are really drying out, I will support you.

Mr. Brandgard: I do too, I think you have our support.

Mr. Russell: Two years ago, I don't want to go into details, but two years ago when the September time frame, we are at that level or worse. Last year was bad, but it wasn't as bad as the previous year.

Mr. Brandgard: I know as soon as the meeting started one administered to put a red flag for the weather until 10:00, a special alert.

Mr. Kirchoff: While you are there the other item is I appreciate the update, I know you've gotten started with the consultants on your study.

Mr. Russell: Yes.

Mr. Kirchoff: I assume the study includes some input from this board?

Mr. Russell: There is going to be, as I understand it I have not been through the process like this before so I am learning along with you. As I understand it, by August we will have a draft report. I assumed once we get to the budget process we will have work session of some kind to go over that and we put…

Mr. Kirchoff: I welcome opportunity to during the process before we, I thought we would be asked to give input.

Mr. Brandgard: I'm going to say this, this is a study on how the Fire Department operates, what can we do to change, it is not a master plan.

Mr. Kirchoff: I understand that, but I was expecting they would ask us for thoughts.

Mr. Carlucci: We can certainly add that in Mr. Kirchoff.

Mr. Kirchoff: I thought that was in the original proposal.

Mr. Carlucci: It has been a while since I read it.

Mr. Kirchoff: Thanks.

Mr. Brandgard: I was only saying that from the standpoint of, I've seen them go both ways.

Mr. Kirchoff: The last thing is I would like to thank the Clerk Treasurer for the CFO report, and my question there is, again, when would we have an opportunity to sit down and talk about that? There is some issues in there we need to be addressing as a Council I would think. We are questioning about staffing the Parks Department, and we look at some of the financial projections, we need to be looking at that, so do you have any thoughts, what was your thoughts on where we would go from here? Could we tack it on with one of the sessions?

Mr. Bennett: We could, my thinking was Mr. Kirchoff, is that, and I think I mentioned it in my report that we will be with the June 30th, I'm thinking maybe in August we can sit down or we can do it during July work sessions, we use some numbers from July 30, and that will take 3-4 weeks to put together.

Mr. Kirchoff: I've read through the report and it could be healthy for us as a Council to chew on that.

Mr. Bennett: Absolutely, and when June 30th closes and the books get closed we will start updating that CFO and of course if we can't get together until August that is certainly still not too late as far as to effect anything to do with next years budgets.

Mr. Kirchoff: Again I appreciate your report and welcome the opportunity to get together as a Council and talk about it. That's all.

Mr. Daniel: I just have one item in your materials, there was things in there that worked for a long, long time as Don knows on the Hadley Road project, down there where Duke and their lines and poles trying to resolve the issues down there as we do that construction project and finally late last week we got it resolved. Don and Tim has been through this and I think there is a couple of areas yet, but they will probably be working pretty carefully at, when Duke submits reimbursement request for the project down there, but other than that we do have a utility reimbursement agreement that we have been through and one change that occurred, there was a letter in there you may recall that Don McGillem was going to sign, and Rich emailed me today and said it shouldn't that be on Town of Plainfield letterhead and I had thought before that it really should seem like Duke should be signing that and not the Town of Plainfield. I got a hold of Steve Moss Duke's Attorney today and he and I talked about it and he said looking at that I think you are right, he sent that to me in PDF so we couldn't change anyway. When I was talking to him, if we are going to change it at all we are going to have to have it converted to word and then he looked at it and he said “I agree” so the only change is, that same letter has been changed for Duke to sign it as a matter of fact it has already been signed, Steve Moss delivered that to someone here, was it you Rich? So we have this signed letter by Duke and they have also provided the signed utility reimbursement agreement which both really need to be approved by the Council and if you are prepared to approve that we can move forward with that project.

Mr. Kirchoff: Is it

Mr. Daniel: We have appraisers appointed for the Pedigo property, and then REMC has filed objections of that, which I expect to be resolved pretty quickly, things should finally be moving along.
Mr. McPhail: So do you need some action from us tonight?

Mr. Daniel: Yes, I need a motion to approve the letter from Duke Energy and a utility reimbursement agreement. You can read the title off the top there if you'd like Kent.

Mr. McPhail: I move that we approve the utility reimbursement agreement, Local Government Easement Road to Road Evergreen, Town of Plainfield and Hadley Road round a bout.

Mr. Daniel: And we will need a designated signatory.

Mr. McPhail: And that Council member Kirchoff sign on behalf of the Town.

Mr. Daniel: I also need a motion on the letter.

Mr. McPhail: I would add to that motion that we approve the agreement with Duke in reference of the letter dated June 25, 2012, Don McGillem.

Ms. Whicker: I second both.

Mr. Brandgard: The motion is second to approve to approve the utility reimbursement agreement with Duke Energy and also the June 25, 2012 letter from Duke Energy as part of that agreement and Council member Kirchoff as the signatory for the Town. If there is no further discussion all those in favor signify by saying aye, opposed, motion carried. Thank you.

Mr. Carlucci: I have two items, I met with Chuck Ellis, Township Trustee, last week he was unable to make the meeting tonight, but he wanted the Town to know he would appreciate a commitment of $11,500.00 for the fireworks display for the Fourth of July, that is one half of the cost.

Mr. McPhail: So move.

Mr. Kirchoff: Second.

Mr. Brandgard: The motion is second to approve the expenditure of $11,500.00 for the Town's portion of the community fireworks display with the Township.

Ms. Whicker: And before if we could have clarification that if a burn ban was in effect the proper watering of the field is done for agreeing on these fees.

Mr. Kirchoff: With or without a burn ban.

Mr. Russell: Fireworks isn't part of the burn ban. We are just taking special precautions because of the fireworks; we are just adding a little bit to what we normally do, it is not significantly more than we normally do.

Ms. Whicker: Then it would be nice to state on there with special precautions due to dryness, thank you.

Mr. Brandgard: All those in favor signify by aye, opposed, motion carried. What the Chief said is interesting, the State passed the law that allows these fireworks in places, as hard as it is, we can't stop them from going off a few days before the Fourth of July or something burn ban or not.

Mr. Carlucci: There is in your materials resolution 2012-16, this is for Opus Corporation, they are planning to build a distribution center, it is going to be located on Reeves Road East of State Road 267, and they will be right next to the Firestone building on the south side of the road. They are proposing to construct a $24.9 distribution center that resolution is for a ten year real property tax abatement; it is called the claritory resolution. If this is approved by the Council that we will do the proper notices and stuff and at the next Council meeting the Council will be asked to consider declaratory resolution for the distribution center. That is all I have, thank you.

RESOLUTIONS

Mr. Brandgard: We will go to resolutions, resolution no. 2012-16; Opus Development Corporation Real Property Tax Abatement.

Mr. Kirchoff: So move.

Ms. Whicker: Second.

Mr. Brandgard: The motion is second to approve resolution no. 2012-16; Opus Development Corporation Real Property Tax Abatement. If there is no further discussion roll call vote please.

Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. McPhail- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
Plainfield Town Council resolution 2012-16 is adopted.

Mr. Brandgard: We also have resolution no. 2012-17; confirming Interest by the Town of Plainfield for purchase of real estate for Public Purposes. This is the one that Tim described.

Mr. Belcher: If there are any questions I would be glad to answer those.

Mr. McPhail: I move we approve.

Mr. Kirchoff: Second.

Mr. Brandgard: The motion is second to approve resolution no. 2012-17; Confirming Interest by the Town of Plainfield for purchase of real estate for public purposes. If there are no further discussion roll call vote please.

Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. McPhail- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
Plainfield Town Council resolution 2012-17 is adopted.

Mr. Brandgard: Thank you.

ORDINANCES

Mr. Brandgard: We also have one ordinance for its first reading, it is ordinance no. 10-2012; an ordinance to amend and replace ordinance 30-2008 known as an ordinance regulating emergency medical service fees for the Town of Plainfield, Indiana.

Mr. Bennett: Mr. President and members of the Council, this calcifies the rates, fees, and charges in service areas that you approved several meetings ago; there is one correction that we need to make on page 6 of this ordinance. I appreciate Mel bringing this to my attention on section 11-A the ordinance will be in effect at the time of the ordinance is adopted, not on the January 1, 2012 date, so that will need to be amended as part of your motion to adopt.

Mr. Kirchoff: Has it really been 4 years since we addressed these? I would move we approve the first reading of ordinance no. 10-2012 as amended.

Mr. McPhail: Second.

Mr. Brandgard: The motion is second to approve the first reading of ordinance no. 10-2012; ordinance to amend and replace ordinance no. 30-2008 known as an ordinance regulating emergency medical service fees for the Town of Plainfield, Indiana as amended. If there is no further discussion roll call vote please.

Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. McPhail- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
First reading of Plainfield Town Council Ordinance No. 10-2012 is approved.

Mr. Brandgard: Thank you. I will ask that we suspend the rules and allow the third reading and adoption of ordinance no. 08-2012, and 09-2012.

Mr. McPhail: Can we do both at the same time? I would move to suspend the rules.

Ms. Whicker: Second.

Mr. Brandgard: The motion is second to suspend the rules to allow the third reading and adoption of ordinance no. 08-2012 and 09-2012. If there is no further discussion, roll call vote please.

Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. McPhail- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
The rules have been suspended to allow for the third reading of ordinance 08-2012 and 09-2012.

Mr. Brandgard: I would entertain a motion for the third reading and adoption of ordinance no. 08-2012.

Ms. Whicker: So move.

Mr. McPhail: Second.

Mr. Brandgard: The motion is second to allow the third reading and adoption of ordinance no. 08-2012; Adopting an Anti-Nepotism and Conflict of Interest Policy. If there is no further discussion, roll call vote please.

Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. McPhail- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
Third and adoption of Plainfield Town Council ordinance no. 08-2012 is adopted.

Ms. Whicker: I would like to make a motion to approve the third reading of ordinance no. 09-2012 to adopt the new Park Impact Fee.

Mr. Kirchoff: Second.

Mr. Brandgard: I have a motion and a second to approve the third reading and adoption of ordinance no. 09-2012; an ordinance adopting the Park Impact Fee in the Town of Plainfield, Indiana. If there is no further discussion roll call vote please.

Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. McPhail- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
Plainfield Town Council ordinance no. 09-2012 is adopted.

Mr. Kirchoff: Is there any sense of urgency on the ambulance billing?

Mr. Bennett: It wouldn't hurt.

Mr. Kirchoff: I would move that we suspend the rules and allow for a second and third reading and adoption of ordinance no. 10-2012.

Mr. McPhail: Second.

Mr. Brandgard: The motion is second to suspend the rules and allow the second and third reading and adoption of ordinance no. 10-2012.

Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. McPhail- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
The rules have been suspended to allow for the second and third reading of Plainfield Town Council ordinance no. 10-2012.

Mr. Brandgard: I will entertain a motion to allow the second reading.

Mr. McPhail: So move.

Ms. Whicker: Second.

Mr. Brandgard: The motion is second to approve the second reading of ordinance no. 10-2012; an ordinance to amend and replace ordinance no. 30-2008 known as an ordinance regulating emergency medical service fees for the Town of Plainfield, Indiana. Again if there are no further discussions roll call vote please.

Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. McPhail- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
Plainfield Town Council ordinance 10-2012 is adopted on second reading.

Mr. Brandgard: I will entertain a motion to approve the third reading and adoption.

Mr. McPhail: So move.

Mr. Kirchoff: Second.

Mr. Brandgard: The motion is approved the third reading and adoption of ordinance no. 10-2012, if no further discussion, roll call vote please.

Mr. Bennett: Mr. Gaddie- yes
Ms. Whicker- yes
Mr. McPhail- yes
Mr. Kirchoff- yes
Mr. Brandgard- yes
Plainfield Town Council ordinance 10-2012 is adopted on the third reading.

Mr. Brandgard: Thank you. Is there anything else to come before the Council?

Mr. Bennett: I will just add that I did schedule with the Township Board a work session for the budget which is part of our normal schedule, Tony is that Thursday the 26th work session?

Mr. Perona: 19th.

Mr. Bennett: So we will be talking about the Fire Territory budget in conjunction with the Township.

COUNCIL COMMENTS

Mr. McPhail: I move we adjourn.

Mr. Kirchoff: Second.

Mr. Brandgard: All those in favor signify by aye, opposed, motion carried.