PLAINFIELD TOWN COUNCIL
June 13, 2011
7:00 p.m.



Mr. Brandgard: The Plainfield Town Council meeting for Monday June 13, 2011 is now in session, I would like to ask everyone to rise for the pledge of allegiance.

PLEDGE OF ALLEGIANCE

CONSENT AGENDA

Mr. Brandgard: Well we can tell it has been three weeks since our last meeting; we have several items on the consent agenda this evening.

1. Approval of Minutes of the Special Town Council Meeting of Wednesday May 18, 2011.
2. Approval of Minutes of the regularly scheduled council meeting of Monday May 23, 2011.
3. Third Reading and Adoption of ordinance No. 06-2011: Amendments to Plainfield Zoning Ordinance.
4. Second Reading of Ordinance No. 07-2011: An Ordinance Amending Ordinance No. 19-2010 Certain Improvements to Sewage Works Systems.
5. Approval of May 2011 monthly reports for Engineering, IT, Department of Planning and Zoning, Utility Billing, Department of Public Works and Plainfield Police Department.
6. Approval of Transportation Director's, Parks and Recreation Director's and Plainfield Fire Chief's reports dated June 10, 2011, Town Engineer's report dated June 11, 2011 and HR Director's report dated June 13, 2011.
7. Approval to advertise for bids for the Talon Stream Brownfeild Redevelopment (Shouse Landfill) project per the Town Engineer's report dated June 13, 2011.
8. Approval of a proposal from Whitaker Engineering in an amount not to exceed $46,600 for engineering services associated with the Stanley Road Sewer Interceptor study per the Town Engineer's report dated June 13, 2011.
9. Approval of a proposal from Banning Engineering in an amount not to exceed $30,300 for engineering services associated with the White Lick Creek Stream bank restoration project per the Town Engineer's report dated June 13, 2011.
10. Approval of a proposal from Banning Engineering in an amount not to exceed $45,300 for engineering services associated with the Stafford Road Simmons Street Drainage study per the Town Engineer's report dated June 13, 2011.
11. Approval of Change Order #1: to the contract between the Town and E & B Paving on the CR200S Project resulting in an increase of $48,887.99 to add 1,400 LF of full depth pavement reclamation on CR 900E per the Transportation Director's report dated June 10, 2011.
12. Approval of Change Order #3: to the contract between the Town and Gradex Inc. on the Metropolis Parkway Phase II Ext. project resulting in a decrease of $17,050.67 per the Transportation Director's report dated June 10, 2011.
13. Approval of the Engineering Agreement: between the Town and Butler, Fairman and Seufert, Inc with a budget not to exceed $273,000.00 for the final design on the NE Perimeter Pkwy Phase II project per the Transportation Director's report date June 13, 2011.
14. Approval to grant the maximum 50% match $2,000 upon completion of window replacement for Elements of Style at 330 E. Main St. for the Town Center District Façade/Sign Improvement Program per the Planning and Zoning Director's report dated June 13, 2011.
15. Approval to grant the 50% match of $1,991 upon completion of sign installation and concrete entrance replacement for Nomad Yarns at 218 E. Main Street for the Town Center District Façade/Sign Improvement Program per the Planning and Zoning Director's report dated June 13, 2011.
16. Approval of Change Order #017 to provide revised MD anchor connections per Construction Change Directive 004 for a $1,203.00 increase per the Plainfield Fire Chief's report dated June 10, 2011.
17. Approval of Change Order #019 for electric circuit revisions in the elevator room and elevator pit for an increase of $1,199.00 Plainfield Fire Chief's report dated June 10, 2011.
18. Approval of Change Order #020 for revised light fixture types at the top of Stair C for and increase of $1,467.00 Plainfield Fire Chief's report dated June 10, 2011.
19. Approval of Change Order #018 to delete Allowance #1 for $5,000.00 plus 5 percent unearned profit of $250.00 for a decrease of $5,250.00 per Chief Anderson's report dated June 10, 2011.
20. Approval to release retainage to John Hall Construction in the amount of $2,500 plus accrued interest for work completed on 2010 Trail improvements per the Parks and Recreation Director's report dated June 10, 2011.

Mr. Brandgard: Are there any changes or corrections to the consent agenda?

Mr. Kirchoff: I have some; I think there are typos or misspelled words in the special meeting minutes that I would suggest we consider. On page 1, where Mr. McGillem is talking about we have been supposedly on the August, this says leading and it should be bidding, and there is two references there where it should be bidding about three lines down again.

Mr. Kirchoff: It's leading, is that what you are saying, leading? Ok, I'm sorry.

Mr. Bennett: Mr. Kirchoff is this in Mr. McGillem's first dialog?

Mr. Kirchoff: Yes, and then in the same one Wes, they got a word that I've never heard of it should be exception and acceptation; I don't know how that passed spell checker. Then in the next paragraph where Robin is speaking, it says “has the Council” and that should be Counsel being an attorney instead of Council. Then I don't know that we typically put attendance down, I don't know how many of us were at that meeting, I know I was out of town on a mission trip so I wasn't sure who all was there that night. I see two people were there.

Mr. Bennett: We can add that on.

Mr. Kirchoff: That is the only changes I have. If there are no others, then I would move we approve the consent agenda as amended.

Mr. McPhail: Second.

Mr. Brandgard: I have a motion and a second to approve the consent agenda as amended. If there is no further discussion, roll call votes please.

Mr. Bennett: Ms. Whicker- yes
Mr. Gaddie- yes
Mr. Kirchoff- yes, but I will abstain on item one, the special meeting.
Mr. McPhail- yes
Mr. Brandgard- yes
Plainfield Town Council consent agenda for June 13, 2011 is adopted as amended.

Mr. Daniel: Mr. President if I could on item number four on ordinance number 07-2011, if the Town Council would be willing to do that I would ask that the rules be suspended and do third reading and adoption of the ordinance amending the Certain Improvements of the Sewage Work Systems.

BID AWARD

Mr. Brandgard: We have a bid award for this evening for the CR 200 South Pavement Reclamation.

Mr. McGillem: We do, the bid review committee met on May 24th, to go over the bids we had received, we had received three bids for that project, low bid was E&B Paving for $255,600.00, high bid was Milestone Contractors, $358,000.00, based on the review committee report we would recommend approval to E&B Paving in the amount of $255,600.00.
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Mr. Brandgard: Thank you.

Mr. Kirchoff: So move.

Mr. McPhail: Second.

Mr. Brandgard: We have a motion and a second to approve the bid committee recommendation to award the bid for the Co. Rd 200 South Pavement Reclamation project to E & B Paving in the amount of $255,600.00. If there is no further discussion all those in favor signify by aye, opposed, motion carried. Thank you.

BID OPENING

Mr. Brandgard: We have a bid opening for this evening for Clarks Creek Road Improvements. Do we have proof of publication?

Mr. Daniel: Yes we do.

Mr. Brandgard: Thank you. First bid is from E&B Paving Incorporated, Indianapolis.

Mr. Daniel: E&B bid is in proper form.

Mr. Brandgard: Thank you. The total amount of the bid submitted by E & B Paving, Inc., is $1,052,200.00 again that is $1,052,200.00. The second bid is submitted by JDH Contracting, Plainfield.

Mr. Daniel: Mr. President on the JDH's contracting bid, there is a front page of form number 96 for the financial information required but there is no financial information attached to bid.

Mr. Brandgard: insufficient.

Mr. Kirchoff: I move that we reject the bid from JDH because of insufficient information for bid requirements.

Mr. McPhail: Second.

Mr. Brandgard: We have a motion and a second to reject the bid from JDH Contracting because it does not meet requirements. If there is no further discussion all those in favor signify by aye, opposed, motion carried, and thank you. Third bid is submitted by Milestone Contractors, Indianapolis.

Mr. Daniel: Milestone Contractors bid is in proper form.

Mr. Brandgard: Thank you. The total amount of the bid submitted by Milestone Contractors is $957,800.00 again that is $957,800.00. Fourth bid is from Millennium Contractors, Indianapolis.

Mr. Daniel: Millennium's bid is proper form.

Mr. Brandgard: Thank you. The total amount of the bid submitted by Millennium Contractors is $835,358.00 again that is $835,358.00. Fifth bid is submitted by Rieth Riley Construction, Inc., Indianapolis.

Mr. Daniel: Rieth Riley's bid is in proper form.

Mr. Brandgard: Thank you. The total amount of the bid submitted by Rieth Riley Construction is $869,016.95 again that is $869,016.95. Thank you. That was all of the bids that were submitted this evening. I would like to thank everyone that took the time to submit a bid; the engineers estimate was $857,000.00 again that is $857,000.00. I would like to ask the review committee made up of Bill Kirchoff, Tim Belcher, Don McGillem, and Matt Larrabee to review the bids and come back at our next meeting with a recommendation, thank you.

BUSINESS FROM THE FLOOR

Mr. Brandgard: Business from the floor, and I believe we have Bart Beal from the Plainfield Chamber of Commerce that wishes to address us.

Mr. Beal: Thank you President Brandgard, Town Council, Mr. Bennett, Mr. Carlucci. My name is Bart Beal and I am here to represent the Plainfield Chamber of Commerce and I wanted to remind you that the partnership between the Plainfield Chamber of Commerce and the Town started in 1991, so it has been twenty years. I have a document here I thought you might find interesting, it is the first budget which was $66,750.00 and it has a list of all of the parties that were involved in forming the partnership. A lot has changed in twenty years, we have an Executive Director now, Kent McPhail, you know very well, three part time staff, 337 members and our current budget is $213,000.00. But one thing hasn't changed and that is our commitment to the Town of Plainfield and the Partnership we share primarily around economic development and to emphasize that I won't read this to you but I have a job description of the Executive Director and if you glance through it you will see that it incorporates a very close tie between the Chamber and the Town of Plainfield around economic development. So you know why I am here tonight, we do this every year, representing the Chamber of Commerce I am here to ask the Town of Plainfield to once again provide a funding in the amount of $30,000.00 to the Plainfield Chamber of Commerce.

Mr. Brandgard: I believe that is what we have budgeted.

Mr. Bennett: That is correct.

Mr. Kirchoff: I would move that we re-up and authorize our expenditure for $30,000.00 for the annual contribution to the Plainfield Chamber of Commerce.

Ms. Whicker: Second.

Mr. Brandgard: We have a motion and a second to again this year make our $30,000.00 annual payment to the Plainfield Chamber of Commerce and again it has been a partnership that has worked well for economic development between the Chamber and the Town. If there is no further questions all those in favor signify by aye, opposed, motion carried. Thank you.

Mr. McPhail: Mr. Bennett, would you see that the record would reflect that I abstained from voting.

Mr. Bennett: So noted.
Mr. Beal: Thank you very much.

Mr. Brandgard: Thank you. We also have Cinda Kelley the Executive Director of the Hendricks County Economic Development Partnership.

Ms. Kelley: Good evening and thank you. I sent you earlier the three reports documents for your review this evening of the first quarter of 2011 and I am here to answer any questions that you might have pertaining to those reports.

Mr. Kirchoff: The question I have, how long has this partnership been in existence? Bart just told us the Chamber has been 20 years.

Ms. Kelley: It has been about the same; actually the State of Indiana has established the Economic Development organizations at local economic development organization in each County in the late 1980's and I believe we actually informally formed in about '89, so between '89 and '91 formalization and funding put in place for the partnership.

Mr. Kirchoff: Some of the names I saw on the Chamber were some of the people that helped get the… and bigger staff and other characters along that.

Ms. Kelley: I'm sure, all of our partners, and we three levels of board members, and all of the Chambers are a member of our entitlement as well as we have a representative from each Town Council, and in this case it would be the President Robin Brandgard participates on our Board of Directors as well.

Mr. Kirchoff: Do you know has the funding always been at the same level? My recollection it has 5% of our EDIT.

Ms. Kelley: That is correct, and then we also have private funding and there are two different levels of the board level and then lesser levels of investment as well.

Mr. Kirchoff: The reason I ask that I had found an earlier balance sheet and then you provided us a balance sheet and if I read it right, you are in the neighborhood of over $600,000.00 in cash.

Ms. Kelley: In revenue, some of that are restricted funds but that is…

Mr. Kirchoff: Your investments show about $400,000.00 and your checking and savings is over $200,000.00 and the only reason I bring it up is I don't know the format in which that I would ask this to be considered, but we got the report from Wes about the Communications Center and funding concerns there you begin to prepare us for budget considerations this fall. Cinda, I guess my question is what format or what forum should we perhaps have some conversations about modifying that with tax funds continuing to be extremely tight. I know you guys to wonderful work, I'm a former board member, but at 5%, and Wes had indicated that we are giving something like $100,000.00 a year to the partnership in the last few years, and so I don't want to be the only Town that would consider that but my concern is you have a very nice reserve there and is it time for the local entities who are being pinched by tax caps to have a conversation about, should that be a different number?

Ms. Kelley: Actually that is on our agenda for our quarterly meeting this coming week on Wednesday. We have an investment policy and we also have a policy that was established in 2002 regarding how much we would hold in reserve. We also have a development fund and all that is on our agenda for our June meeting, so I appreciate that as well. As you know the EDIT funds go, they fluctuate each year, last year we saw in 2010, we saw an increase in that and at that time when I presented to the County Council I suggested to them with all of the restrictions and being placed on County and trying to manage their budget that that increase that they would hold that increase, and they would hold us to the 2009 level, we offered to do that at that time and they did not take us up on that. This year we saw a $30,000.00 decrease and so we are actually seeing the first ripple effect of the economy so we don't know what is going to happen in the future years with that but. With all respect to that, it is on our agenda for this week.

Mr. Kirchoff: I was going through some more files and I found 2009 I believe it was financial statement, and you were about the same amount you are now so it has held pretty steady.

Ms. Kelley: That is correct, we have held very steady. We have been cognizant of our revenue streams that we have coming in and we have stayed within that.

Mr. Kirchoff: Do we have an ordinance or what is our document that authorizes us at the 5%?

Mr. Brandgard: As I recall, we had basically memorandum of understanding.

Mr. Kirchoff: I appreciate you have it on the agenda, I really do think with the way we are having to watch budgets that it will be a healthy conversation for all of the communities to be having. I appreciate what you do, but…

Ms. Kelley: I totally understand, totally understand, and appreciate that.

Mr. Brandgard: I remember when that was established it took long drawn out meetings to get to figure out a way to fund Economic Development Partnership. But the key to that was getting the private sector in there to help and eventually lower the amount of the public sector, but I don't think we have ever gotten to where we need to be there.

Mr. Kirchoff: Sounds like timing is appropriate, thank you.

Ms. Kelley: Any other questions?

Ms. Whicker: I appreciate your report when you provide showing new jobs that your partnership has helped bring to our community with the wages and it really brings to light I think, your hard work and what is pending and active, and knowing that you are really doing a lot of work with us.

Ms. Kelley: We try to manage all of that as well as we have put into place a pretty strong business retention and expansion program that we have not had in the past and we have kind of build on that in the past few years which has provided us a pretty steady growth and seeing more jobs being created, we've seen a real increase in start ups as well as stage one companies also coming to us for assistance not only asking for incentives, but asking for us business to business connections and some additional services as you are probably well aware, the smaller the company the less resources they have available to them for assistance and they are relying quite heavily on us for that. We are very excited to see that new business creation occurring as well, but it has been pretty significant in the last year and we anticipate that will continue.

Mr. Brandgard: I think the interesting thing in this is, even with the economic downturn, there is still a lot of activity going on within the new location and relocation of companies, and it's amazing.

Ms. Kelley: Correct, it really is amazing with when I talk to my counterparts and even in the Midwest and even further out, we have been very buffered by the economy in all reality, we really have.

Mr. McPhail: I think to add to that, the activity cycle is much longer when a project is out there today, it just takes them a lot longer to make a decision, and continuing to communicate with them, and then all of a sudden they will make a decision.

Ms. Kelley: More and more we are seeing more and more need for access to capital and adventure capital, particularly in today's environment because of the banks not loaning quite as freely as what they have in the past and Kent is exactly right, it seems like some of these projects go on forever and ever before they actually close that deal and they decide where they are going to go.

Mr. Brandgard: I will put you on the spot, if you want to back off from it that is fine. You might let everybody know kind of what has happened with the Indy Partnership in the restructuring and how we interact with the Indy Partnership.

Ms. Kelley: Last year went through a strategic planning process with Indy Partnership and all of the participating Counties. Through that process, it was determined that really we needed to kind of regroup a little bit, it had gone underneath the umbrella if you will of the Central Indiana Corporate Partnership and now it has gone under the umbrella of Develop Indy which is the Economic Development Organization for Indianapolis and Marion County, and is now there we are down to actually one business development that also serves as the Executive Director and then two people under him to help manage projects and so we are now meeting on a monthly basis and trying to establish a budget and the marketing initiatives for Indy Partnership, which that is their mission, is to market the region and help bring new projects to the region. We have reestablished, I am serving as the Vice President of that committee, the executive committee on behalf of Hendricks County and we are meeting on a monthly basis, reestablishing the goals and how that new organization will actually work. So it has really it is kind of starting fresh if you will, but we started fresh with no money, so we are having to take a clean but a hard look at what it is we need to be doing and I have said we certainly need to become much more sophisticated, that we have in the past in our workings with consultants and we really need to be targeting companies directly as opposed to site consultants who have lost about 30% of their business in the last three years due to the economy as well. Companies are leaning much more heavily on the local Economic Development Organization to find the answers for them about the workforce and the skill sets and the facilities as well as they are relying more heavily on the brokers and so having the really strong relationship with brokers and the developers as it has turned out to be a very good thing for all of the communities in Hendricks County and certainly (inaudible) has a very strong relationship as you have for a number of years with developers that has proven to be very good that you have continued that relationship as we have with the brokers in the area that have international connections as well. I applaud the Town for their continual work on that with local brokers and consultants.

Mr. Brandgard: Cinda, thank you.

Ms. Kelley: You're welcome.

TOWN MANAGER'S REPORT

Mr. Brandgard: Town Manager's report.

Mr. Carlucci: Thank you Mr. President, just to add a little onto what Cinda has said, one thing that is kind of hanging over all of our heads here and at the Legislature basically kicked that ball down the road at the end of the year, you may recall that there was an article in the Indianapolis Star I think, about the County has CAGIT and Hamilton County has COIT, it is the income tax money. The upshot of the story was the State says that they have overpaid everybody but they really couldn't explain how much they overpaid. So it is not to disrupt the end of the session they are going to a summer study committee, so we don't know what effect that will have. I don't have any numbers on what impact that will have for Plainfield or anyone else, but that is still hanging our there somewhere. I will tell you how this CODE EDIT Distribution have been since I have been under fire and how the State collects and distributes them. In fact Hamilton County took them to court on that and reached a settlement with them, so I don't know if that will actually have an impact, but it is out there and the State, maybe if a lot of money coming in they will just forget about that and let us keep it. One item I want to bring up to the Council tonight is there are two major residential areas of the Town that are not served by the trails, one is the new project that is going on the southwest part of town, which is growing very rapidly, and the other one is Westmere subdivision which is on County Road 900 East as you go north, it is separated by substantial farm field there, so I had asked the Council's permission to talk with Adesa Auto Auction, I talked to one of their attorney's, Michelle Mallon, actually we've never talked, we've just emailed each other, they agreed to have two appraisals done on the right of way which would basically take it from Township Line Road north to almost to Westmere, but not quite. There is one house on a property in between. We had the property appraised and at the average of the two appraisals the amount was $67,100.00 for the right of way for a future trail. I talked to Ms. Mallon and she said we are fine with that number just go forward with the closing. So at this point I need the Council's permission to go forward with a closing and we will take the $67,100.00 out of the Trails Bond issue note, there is money still in there.

Mr. McPhail: I certainly think we need to continue to move forward on our trial program, I do note that the trail head at Township Line Road there is every Saturday morning it is parked full, so we do have residents that are driving down that might get a little more exercise by coming from that subdivision. I would move that we approve the Town Manager's request to purchase the right of way from Adesa in the amount of $67,100.00.

Ms. Whicker: Second.

Mr. Brandgard: We have a motion is second to approve the Town Manager's recommendation to go forward and purchase the right of way from Adesa Auto Auction for the amount of $67,100.00. If there is no further discussion all those in favor signify by aye, opposed, motion carried. Thank you.

Mr. Carlucci: We have an agreement later on in the meeting that will also at least give us the opportunity and right to hook up those neighborhoods on the southwest section of Town, so if that is the case and this doesn't mean that we have the money available for the paving, but this is the biggest part of it right here, trying to get these two subdivisions in here. Tonight on the agenda there is a resolution to have the property at 126 South Mill Street appraised, and this is the Bob and Rosemary Church property, there is a resolution on that to go forward and they are agreeable to go forward and they are agreeable to have the property appraised and still interested in selling the lot, but that will come up at the appropriate time. And then at the appropriate time I will bring up under old business the Vincennes University Memorandum of understanding.

Mr. Brandgard: Thank you.

STAFF REPORTS

Mr. Brandgard: We will go to staff reports, Joe, anything from Planning and Zoning?

Mr. James: Good evening, I didn't put this in my report because I didn't know if Rich was going to have it in his report or not, but we met with someone that is really interested in the Diner and they are in the construction business and they could do a lot of their construction work themselves. We met with them and Rich thinks we should schedule a work session for that and so Rich, should we do that tonight?

Mr. Carlucci: I think if these people are really serious about what they want to do and obviously they are looking at the location down in town center next to the pedestrian bridge across the creek, the open area there, where we had the tent. We did discuss with them the process that we would have to go through would be to do an RFP and see if there is any interest out there other than these people that have expressed a strong interest in doing this, but if there is any other interest out there in doing this and let other people also have the opportunity to make a proposal. Which we would ask for certain and specific things, we do a lot of things by RFP's and give them a chance to provide us how they would do this from the standpoint of what construction costs would be, where they want it located. One thing that and a lot of people have asked us about that lot, and I don't think the Town wants to let go of that land and if we do this we might enter in a land lease, something along that line. I think there is a lot of momentum out there, especially with this family that wants to do it and the experience that they have, that it might be worth or with having a work session we can put an RFP out, we've done that before, and we wouldn't necessarily have to have a work session just to see what kind of response we can get.

Mr. Brandgard: It might be an idea to put the RFP out then when we get the responses in then we have a work session and review the responses.

Ms. Whicker: Where is the RFP advertised too?

Mr. Carlucci: We typically put them in the local paper, but we can put them in the court reporter, we could put it in there too which will give us a wider view.

Ms. Whicker: I think we need that to make our marketing scope a little bit bigger, this is such a niche.

Mr. McPhail: I certainly think if we put an RFP together I think we probably could find a list of people that we would want to make sure got a copy of it by doing a little research, people that may have been in the restoration business and that type of thing or work on that and make sure that, I suppose we could mail that out couldn't we, in addition to publicizing it, to someone that may or may not have some interest in it.

Mr. Brandgard: Yes, we've done that before, so that will make sure we get some distribution.

Ms. Whicker: In mailing out the RFP, does this mean we have enough details and figures to know that it is economically feasible for us to continue on this or is this just more information to look at the possibility of relocating the diner, its not saying yes we are relocating?

Mr. Brandgard: I think the RFP process what we are looking at here it is basically going out and see if there is anybody that is interested in moving the diner down there and setting it in place and operating.

Ms. Whicker: If we get five people with proposals but all five don't possibly fit or meet the criteria that we are looking for, doesn't mean that we are going to pick one; it means we can still say it is not going to work.

Mr. Brandgard: Correct.

Ms. Whicker: Ok, I just wanted make sure of that.

Mr. Brandgard: Yes, that is where the RFP process comes in, you set out basically what you want to see happen and then you wait for people to come back with proposals to do it and if they don't meet the criteria at this point.

Mr. Carlucci: Typically the RFP's that we have done in the past, what we do is we analysis the proposal and have them put the financial information in a separate envelope. That way you are looking at the best proposal and ranking them from 1 to 5 or 1 to 10, and if the number one ranked proposal then you open that envelope, what you don't want to do is look at the money side of it right up front because that will typically sway your decision and that is too much and then go to the next lowest, try to get the best proposal you can. The idea is also to get them to say ok, if we do this, this, and this, they can also ask the Town to do other things themselves in their response. I could imagine there would be a whole range of things they can put in there.

Mr. McPhail: I think there is a great deal of interest in the community, is it a possibility that that Diner will be relocated. You know I had a half a dozen people ask me at the ribbon cutting about it, and I got a couple people calling me at church on Sunday wanting to know what is going on with the diner and I said virtually nothing at this point.

Mr. Brandgard: I have two things that are (inaudible) one is the diner, moving it and the other is the theatre, almost is everywhere I go those are the two questions that I get.

Mr. McPhail: Well we got landmarks in that and the National Association both have a great deal of interest in the diner, it goes beyond our interest too. It could have a long term effect on any financial obligations out there. I would like to see us put an RFP together and put it out there, I'm not sure we would gain a whole lot having a work session to prepare that, I think staff could prepare a RFP and put it out there.

Mr. James: I've already got one ready to go; you just give me the word.

Mr. McPhail: We need to look at it I guess.

Mr. Brandgard: I would ask for consent to move forward with the RFP.

Mr. McPhail: Consent.

Mr. Brandgard: Thank you. Byron do you have anything from the Fire Territory?

Mr. Anderson: Late this afternoon Mr. President asked me to provide a quote on adding tornado sirens, the warning sirens through the system. I got a quote late this afternoon, I sent it out, so I don't know if you anyone had a chance to look at it, I just had a few minutes to take a quick look and so I just wanted to make sure you got that.

Mr. McPhail: Byron, I certainly appreciate that in response to an email that I had sent out after getting some inquiry from the public and I am glad we have the information and I am glad we have the information and I think we need some time to take a look at it and discuss it. I certainly appreciate it and the knowledge that at least, that map was interesting to me and I'm not sure how do they determine, I guess it is a decibel within that range?

Mr. Brandgard: The map Kent is referring to is the map of the siren placements.

Mr. McPhail: And when they do that they measure the decibel of the loudness that the outer perimeter I guess…

Mr. Anderson: Correct, it is a FEMA standard for a one mile radius from the siren site and a minimal decibel range.

Mr. McPhail: It is not intended to be heard inside a closed building right?

Mr. Anderson: It is an outdoor warning system, if the outdoor system goes off, seek shelter or seek media outlet weather wise.

Mr. Kirchoff: If I remember in your comments too, it doesn't take into consideration elevation changes or foliage it is just a mile radius from the point. So the coverage may not be truly one mile?

Mr. Anderson: Right because of different types of obstructions reduces that outlet.

Ms. Whicker: I appreciated being copied on that because I think people do make comments on that and they think that it is a warning for the inside of a building so it is interesting that it is an outdoor warning.

Mr. Kirchoff: I see the quote is good for 120 days so do we have a few days to form an opinion?

Mr. Brandgard: One of two things, we will ponder it and see where the funding would come from, because that was not a budgeted item.

Mr. Kirchoff: Rich did you get responses about a date for the work session for the fire?

Mr. Carlucci: No, I got some response back; I think they are looking at the third week?

Mr. Kirchoff: Are you still in June?

Mr. Carlucci: Yes, I think Kent you were going to be gone.

Mr. McPhail: I am going to be gone so I couldn't get any of the nights.

Ms. Whicker: Thursday night the 23rd?

Mr. Kirchoff: Kent's not here.

Mr. McPhail: I think you can go ahead and have it.

Mr. Brandgard: You won't be back until…

Mr. McPhail: The 3rd of July, well probably the 4th, if my plane is 5 minutes late it is the 4th.

Mr. Brandgard: The odds of that are usually pretty good.

Mr. Anderson: If it works I would like to have it before the budget work session that is a priority for us.

Mr. Kirchoff: That is exactly what I was going to say, I would agree.

Ms. Whicker: Does the 21st?

Mr. Brandgard: Kent won't be here.

Mr. McPhail: I think the rest of you here you can give me an update; I wouldn't hold it because of the budget session coming up.

Mr. Kirchoff: I could do 21st or the 23rd, either one of those dates.

Ms. Whicker: That would give you a little bit more time for a budget session too on the 21st. Ed does the 21st work for you?

Mr. Gaddie: It is a Tuesday right?

Ms. Whicker: Yes.

Mr. Gaddie: Yes.

Mr. Brandgard: I can do the 21st, the 23rd is preferred, but if you all do the 21st I can do it.

Mr. Kirchoff: I can do either date.

Ms. Whicker: We can do the 23rd, will those couple of days help you prepare what you need for budget? We can go ahead and do the 23rd.

Mr. Kirchoff: Where will it be, at your place?

Mr. Anderson: Yes, at 6:00 p.m. is what we originally set it for.

Mr. Brandgard: Thank you. Jeff do you have anything from the Police Department? Clay do you have anything from the Parks and Recreation?

Mr. Chafin: Good evening. I just wanted to talk to you about a couple of things but before I did, if you remember a few months ago we were allowed to host a kick off meeting for the Relay for Life, The American Cancer Society. Our department took the initiative to lead the Town's efforts in that. Well within our department Rhonda and Julie actually took that upon themselves to lead that and steer that and drive that and so I invited them tonight to give you a quick overview of all that happened over the last few months. So I will turn it over to Julie.

Ms. Winship: Thank you, Relay for Life is a 24 hour event that 100% of the money raised goes to American Cancer Society so Plainfield's was this past weekend, Saturday 9AM through Sunday 9AM and the requirement is your team has to have at least one person walking for 24 hours, so it is definitely involvement of a lot of people otherwise being the fillers for the empty time slots. It began in January as far as getting a team together, raising money, but the Parks Department came through, and it was wonderful. That was our team name which I am wearing the shirt that we wore as a team, we were Pelicans of the Caribbean, and we wanted to go with a Splash Island theme so that went over well. For being a team for the first time for the Relay for Life, we did extremely well, we won a couple of awards for our tent site, we won best of show which that was actually the enthusiasm of our team throughout the 24 hours was amazing. Our staff came through walking 3 in the morning, they are there dancing and cheering everybody on, so that was great and that helped get us through the night. We also won the most fun on site fund raising. The way that works is besides before the event we also do onsite fund raising, what we did was lemon shake-ups which we are famous for our Wet Wednesdays, so people would purchase those, we had face painting, balloon making, one of our water aerobic instructors, she is a gourmet chef apparently or a baker and she made these amazing cupcakes from scratch and so she and her water aerobics ladies got together and they all baked the cupcakes and Molly was there and sold the cupcakes throughout the day and they were a huge hit and then we also had they call it glitter art, they don't call them tattoos, which unfortunately mine washed off but we have a new sponsor at the Rec Center, it is Big Bounce Fun House and so besides the big fun blow up type things they also do other things so she did her glitter art and it was a huge hit. When she finished at a certain time people kept coming back asking when she is coming back so we could have kept her there the whole time, so we did win that award also. Throughout the day there is constantly entertainment whether it is the DJ playing music to keep the enthusiasm going, there is also entertainment which my specialized coordinator Jean Miller worked very hard in getting the entertainment. Unfortunately she has a lot of connections, she used the advantage of the Rec Center and the people that we have that do programs for us. We had a ballroom dancer there, Chuck, he was there and his students danced the ballroom dancing for us and then they gave lessons. Then at 5:30 in the morning our Zumba instructor did a wakeup Zumba class, and then at 6:00, Mark Cox, one of our Assistant Manager's did a prayer service for everyone. So there was a lot of participation with everyone, we ended up winning, this is the original one we won half way through was the rising star award which signified that we had raised $1,000.00, by the time the event was over, which they didn't change it yet our team raised $2,000.00, that is huge for a brand new team to do. Overall they don't have the exact total yet for all of Plainfield but hopefully it is around $36,000.00 that was raised. So we are very proud of everyone involved, they did car washes, the life guards got together, Karen is a Lifeguard Crew Leader, she got a lot of people together and they raised money through a car wash for Wet Wednesday, we did bake sales and video sales. A lot of participants helped make it happen and we just wanted to thank the Town's support the employees support is great, it was a lot of fun, very exhausting being up for 24 hours, I'm still trying to recuperate but it was great, so thank you.

Mr. Carlucci: I will go ahead and put my 2 cents into this since I put more than two cents in, I was out there and I am glad that you didn't see me but if you want to see the pictures you are going to have to pay.

Mr. Chafin: Rich was very giving of his time and person to be out there to help us with donations.

Mr. Carlucci: Somebody tried to sneak those pictures in here. I will admit since it is not a big secret, I dressed up as a woman and I said I would only do that if she would be my escort and she was and I have a lot of appreciation, first of all, I haven't gotten all of the toenail polish off yet and I just told my wife after I had to go out and buy a wig, dress, I actually spent more money than we raised for that little event, it was like $54.00. I knew this going in that once I do this the internet has taken over, facebook anything you can imagine, I have an appreciation, I just go to work with a suit all the time and I don't know they do this, I don't know how. That was my contribution, I had a good time.

Mr. Chafin: If you want to see the pictures of Rich, you probably should get them from Rich. It was a very fun day; there were a lot of different booths out there at Metropolis and a lot of activity. The 24 hour walk was at Metropolis around the circle there, it was a busy day and a special thanks to Julie and Rhonda for all of their hard work and communications and efforts to make it successful on our behalf. I have a couple other quick things, a while back we embarked a sidewalk and trail master plan, some of you have already picked up your draft to review, others haven't, I have three copies, I think for Ed, Robin, and Kent and I will give those to you in just a second. Grab those and take a look at them. Brock Ridgeway with Eagle Ridge Engineering gathered all of this information after we had staff meetings, public input sessions, online surveys, and different forms of information gathering, and so he has put that together for you to review, there is some lists in there we will eventually have to put a prioritization list together and then once that prioritization list is in place then we can start determining how we are going to fund those priorities. So that is basically the next step in the process. Tim has been involved with Brock in this project so either one of us will be able to answer any questions you might have. A couple of other things, as reported in my last Council report we received a $2,000.00 grant from Indiana Landmarks to do a building restoration review if you will of the garden house and potato house at the Athletic Complex or the Sports Complex. If I can get your consent to move forward I would like to do that but I would like to use $3,000.00 from Park Impact fees to cover the $5,000.00 proposal from Ratio Architects to perform that service. They are going to look at both buildings and basically give us an assessment of both buildings and what it is going to take or an estimate to bring them up to usable spaces. The smaller building would be back to start using fairly soon, but I held off on doing it until we were actually able to do this part of the process. So if it is ok with Council I would like to use those Park Impact Fees, there is a couple thousand dollars in that account right now and we have not used it for very many things and I think this would be one of those things that would be really good use of.

Mr. Brandgard: We probably need to have a motion rather than consent because we will have to commit money.

Ms. Whicker: I would like to make a motion that we would agree to use $3,000.00 from the Park Impact Fee for the use of the agreement of use with Ratio Architects for their study with the Garden House and Potato House located at the youth complex that would be combined in addition to the $2,000.00 grant money that would be received to cover the $5,000.00 total fees from Ratio Architect.

Mr. McPhail: I would second that motion.

Mr. Brandgard: We have a motion and a second to commit $3,000.00 from the Park Impact Fee to match with $2,000.00 grant from Indiana Landmarks Association to fund the Garden House and Potato house assessment for Ratio Architects at the Plainfield Athletic Field. If there is no further discussion all those in favor signify by aye, opposed, motion carried.

Mr. Chafin: Thank you. Two other quick things, tomorrow we will be a part of the World's Largest Swim Lesson, Fox 59 News is going to be out at Splash Island at 5 a.m. tomorrow, we just found out late this afternoon they have just kind of been toying with the idea of coming out but they confirmed this afternoon airing a major story that they have to go report on. They will be on site from about 5 till 11 and they are doing segments on water safety and awareness in conjunction with the World's Largest Swim Lesson so we'll have guards out there giving lessons to regularly scheduled swim lessons as well as some of our summer camp participants so if you have time tomorrow sometime between 5 and 11, come on out and be a part of the event. We will give you a swim lesson if you want.

Ms. Whicker: 5 a.m.?

Mr. Chafin: 5 a.m., when they start their morning segment, I know you are on summer break.

Ms. Whicker: Would we have participants at our pools at 5 a.m.?

Mr. Chafin: They are going to be out there at 5 starting the broadcast, we are going to turn on the lights and turn on the features and we will open up at 6 and have some water instructors coordinated with some very brave youngsters to get in the water that early in the morning.

Mr. Brandgard: Actually, Nate will probably be out there when they show up to give them a tour of the facility. I think the last time 59 was out there was the day we opened.

Mr. Chafin: They were out there, have they been out there this year?
They were out last year I know once.

Mr. Brandgard: Oh were they?

Mr. Chafin: The last thing I wanted to bring up, we get a lot of requests, especially when the water park opens to see if we have a military discount. We have talked about it off and on here and there every once in a while when we have meetings or what have you. I wanted to bring for you tonight just to think about or even expand a little bit if you wanted too, maybe offering a discount to military personnel and their families showing proper identification. Initially we thought we could maybe look at something to where on holidays that were national holidays like Memorial Day, Independence Day, Veterans Day, those three just specifically that if you came to the front or if you were paying a day of admission and you showed your military I.D., then we could give you a 50% discount for you and your family for anybody who was there that day with you. So I put it in there and I wanted to bring it up tonight just to get your thoughts just to see if that is something you want us to consider or work on it even a little bit further.

Ms. Whicker: I think definitely.

Mr. Brandgard: That is a great idea.

Mr. Chafin: So right now we will just have it Memorial Day, Independence Day, Veterans Day and then the next meeting will have our annual revenue and policy guide and we will include it in there. I don't think I have anything else unless you have any questions.

Mr. Kirchoff: Talk about the Bark Park?

Mr. Chafin: I can talk about it. We made it to the finalist, the 15, we were I think number 7 out of all of the cities that were in the Bark for your Park contest. Fort Wayne is the only other Indiana City that made the top 15 from the way it looks. I think we still had a few more responses then they did. The next step is to put together a video. I have sent out a request to do that, I sent the information basically that I forwarded to all of you to two individuals that are capable of doing that type of work to see what they would charge to do that and work with us on that. Tony Perona is one of them and Shawn Donelson, a former part time employee who graduated with a degree in videography or I don't know the specific name of the degree, but that is his line of business if you will. So both of them are going to review the requirements and send us back a proposal to do that and we will probably be on that pretty quick and fast track that and we might include you if you or your pets and so if you get a phone call about doing a video we will have to do something in the next two or three weeks here to get that submitted and then after that the real voting starts where it is basically based on popular vote at that point and you can vote everyday. Stage 2, finalists are announced July 13-August 3rd, is when the online voting starts.

Ms. Whicker: Then the last week is a black week where you can't see the total of votes.

Mr. Chafin: Right. So hopefully we can get all of those who work for us that are tapped into their mobile devices to get on and vote daily and blast it out on Facebook and Twitter and our website and all the contacts we have we can make a good showing and win that $100,000.00, that will be a nice help to turn that into a really fabulous dog park.

Ms. Whicker: A nice article in the paper would be good for community awareness on that competition. Did they update the website showing us who is the finalist?

Mr. Chafin: No, when I went on there at the end of last week I think it still had or what I read it just showed all of the cities and the totals. But we received that email that I forwarded on from Rebecca, can't remember her last name, basically saying hey, congratulations you made it now here is the next step and get going.

Mr. Brandgard: Good job.

Mr. Chafin: Thank you.

Mr. McPhail: I do have a question for you with all of the good news. When I took a look at your revenue report, through May you are about 7% behind last year, do you expect that trend to continue throughout the year.

Mr. Chafin: I read that too we are about $50,000.00 down. As always our budget really relies on June and July so I think after July we will have a better idea because June so far we have been getting a lot of day passes and passes and it has been relatively dry, so if the weather continues to be hot and warm and dry the water park will continue to generate revenue and we will make that up. I think after July is when I really will decide if we need to start cutting or reducing anywhere.

Ms. Whicker: I think definitely I was looking at the May figures too and with the additional snow days added onto schools around the area, I know Tuesday Avon was still in school and those additional snow days and the local school not ending until June I think might have affected those May numbers, where as before they were out.

Mr. Chafin: Right, and this year too, one thing that we will have to keep a good eye on is school starts August 10th. So it is a few days earlier than it was last year.

Mr. Brandgard: I think next year is even earlier.

Mr. Chafin: So that is one of the conversations that we will have to have down the road is do we open up after school and August if it is still warm, so those are some things we have to kind of keep in the back of our mind to maybe be a little flexible as the year progresses if we need to be.

Mr. Brandgard: How has attendance been so far?

Mr. Chafin: This weekend we had between 800 and 1,000 each day but any day it is over 90 degrees, we are between 1,100 and 1,500 or above, there were certain days that we reached closer to 2,000, so you can pretty much count on near capacity or at capacity day if we are above 90 degrees which is 1,500 folks.

Mr. Carlucci: You still have your Wet Wednesdays and I know there were, I couldn't imagine this but 800 brownies?

Mr. Chafin: The Girl Scouts had a buyout and we had 800 Girl Scouts, Brownie Scouts.

Mr. Carlucci: And I think you got some pretty good buyouts coming up too, so that adds to the total.

Mr. Chafin: So when we get the payments for those a lot of them have 2 dates reserved, a regular date and then a rain date and we will get those payments and depending on concession sales from those nights those kind of help pick up as well. I think at the end of July if we are still lagging then we will start looking, do we need to back off somewhere if we can or what can we do to promote attendance.

Mr. McPhail: I would certainly like for you to take a look and see if there is a possibility of staffing in the evening for when school starts. We got two or three weeks of good weather there that if you could staff that place 4-7 or something.

Mr. Chafin: That has usually been our challenge in the past is usually when school starts and colleges start our seasoned staff goes off to college and most of the time it is away from here. Then you know our high school kids that work as lifeguards or other positions they are done working for the summer. So that has been our challenge in the past is to find staff members to work those key positions. That is something we can start putting feelers out now to see if we could do that.

Mr. McPhail: You are going to have a lot of good weather in August and after school starts.

Mr. Chafin: Yes, I agree.

Ms. Whicker: When the Water Line comes out and there are special coupons for entrances, have you been receiving for entrances have you been receiving much of those?

Mr. Chafin: Yes, Rhonda tracks those in our daily cash journals and in the next report or two we will try to give you an idea of how many of those we are getting back in, because we have a lot, we give out buy one get one free every once in a while for certain things and customer service type things and we have free passes we have given out as door prizes or baskets for various things that are happening in town or whatever the case may be, but the Water Line has proven to be a nice addition to our marketing.

Mr. Brandgard: The other part of that is it is a good indication that people do read the Water Line. That is one of the things I've always wonder about is we put that out there and do people read it?

Mr. Chafin: Thank you.

Mr. Brandgard: Bill do you have anything from IT? Lois do you have anything from billing? Ron do you have anything for HR?

Mr. Lydick: I provided you with some details about the re-insurance contract last week and so this evening I would just like to summarize some things and give you some information to help you make this decision. Our plan year starts on July 1, 2010 and through May 31, 2011; we've had $2,178,000.00 worth of claims. We've also bought re-insurance to pay all of those claims in excess of $60,000.00. The re-insurance company has paid out or paid us $178,288.81 for claims in excess of $60,000.00, so leaving the net claims that are paid by the plan and $2,299,939.00. The total year now that is for 11 months the total year of 2009-2010 was $2,212,000.00, so we are already 3.93% above the total year of 2009 and 2010 and we still have one month to go. So our claims are running pretty high. The employees through payroll withholdings has contributed $537,495.00 to that over 2 million dollars. Then we also had the fixed cost on the type of the claims and the fixed cost and the fixed cost, it is an annualized figure that is now an exact figure of $411,000.00. Well basically right now we've spent a little over 2.6 million dollars and the employees contributed $537,000.00 out of that. So what we need to do this evening is to determine what contract we want to use for the 2011-2012 year. The contract is based on two different factors, 1 is the administrative costs, and the other is the reinsurance premiums. So whenever we looked at the different quotes, the quotes for the administrative costs were exactly the same from every company because Unified is our third party administrator and they charge the administration fee $1,475 last year, it is going to go up to $1,549. Now this is the first increase that Unified has given us, they have been our third party administrator for two years and now for the third year they are asking for an increase. The care engine is the software program that is used to determine if there is any conflicts in your care, for example if one position is prescribing a drug that negatively interacts with another drug, this software program will analyze that and the doctors are notified and so it can help hit off some problems that you might have. Case management is done by Med-Cert; it manages the large claims and helps the employees to get proper treatment for that. The flex administration, that is our flexible spending account, it runs $7.00 per month, per employee and there are 61 participants in our flexible spending account. Envision Rx that is the pharmacy manager, and by paying this $4.25 they guarantee us that any discounts that they get from manufacturers or distributers goes to us. They do not keep any of the discounts for themselves. Sagamore network is the network that provides us with our discounts, those discounts average in the high 30% and their fee is going to go up from $385.00, to $415.00 next year. Consulting fee, this would be for Jeff Fox at HJ Speir and so the total administrative expenses based on 220 employees, except for the flex administration which is only 61 employees, is going to show about at 2.8% increase for next year.

Mr. Kirchoff: Ron do those numbers change in any way with the changes in the programs the coverage's; you know we are making change on July 1st and making another change on January 1st. These numbers don't change at all?

Mr. Lydick: No, the administrative expenses will not change, that is correct.

Mr. Kirchoff: Even though you are going to an FSA account?

Mr. Lydick: HSA, there may be an administrative fee for the health savings account, but we also use banks and of course banks like to compete for those and so I obviously don't at this time what those expenses might be.

Mr. Kirchoff: So we could expect some other smaller fees because of the 11-12 changes.

Mr. Lydick: Right, and of course one of the things is that some of the people that are in the flexible spending account and if they go to the HSA that will lower that. The specific reimbursement that we had last year and I had mentioned before is $178,000.00, the premium for these claims in excess of $60,000.00 was $280,434.00. If we would have had a $70,000.00 stop loss, our premiums would have been $243,869.00 which would have been a $36,565.00 savings. Well if you have less than 4 claimants in excess of $60,000.00 you would come out ahead. We had exactly 4 people that exceeded $60,000.00. So we had to payout the extra $40,000.00, so actually by using the $60,000.00 it cost us $3,435.00. Now in 2011 and 2012 you will notice that the specific premium for the $60,000 is increasing considerably. It is going up by $68,054.00 and this has been the same issue that I had with insurance companies when we are fully insured. In other words if they have the large claims what did they do the next year, they raise your premiums enough to get most of that money back, and that is what is happening here, is the $60,000.00 stop loss. So it is actually like a 24% increase in the specific premium. Now if we go to a $70,000.00 stop loss, then the increase of the premium is only $18,947.00 or a 6.8%. So that is going to be a $49,107.00 savings, and now with the $49,107.00 savings if we only had 4 people exceed the $70,000.00 then we will still come out $9,107 if we have that fifth person, of course we would lose money again. Well in 2009 and 2010, we had 2 people that exceeded the $60, one exceeded $60, and one exceeded $70. In 2010 and 2011, we have 4 people who exceeded the $60, but all 4 of them also exceeded the $70, so if we didn't get any worse next year then we could come out $9,000 ahead if we would change from a $60,000.00 stop loss to a $70,000.00 stop loss.

Mr. Kirchoff: I know I am reading these numbers wrong, but my simple mind says the line that says 2010- 11 (inaudible) specific premium there is $280,000.00?

Mr. Lydick: Correct.

Mr. Kirchoff: So we pay $280,000.00 but that only paid $178, so we paid out more than if we had no coverage at all.

Mr. Lydick: Right, if you would have gone fully insured, see we are what we call partially self funded, if you would go fully self funded you would have paid out the $178,000.00 but you wouldn't have paid out the $280,000.00 in the specific premium. One of the things you need to be careful about is that we have had some claims in excess of $100,000.00, but it is not unusual. The Town of Plainfield, I don't think any one year has had really high claims, but I know of a person that fell off of a ladder and his hospital bills have already exceeded $350,000.00. If you don't protect yourself at all, our maximum is 2 million dollars a year, so you could have one person hit that two million. Now what are the odds of that? Not likely, but there is always that possibility. So yes if you would have gone fully insured you would have come out $100,000.00 ahead.

Mr. Kirchoff: Ok, I just wanted to make sure I was reading the numbers right.

Mr. Lydick: So that is the specific part, that is the in an excess of $60,000.00 or $70,000.00. Then we have what we call the aggregate which is the total amount of the claims and the premiums for that went up $8,000.00, it looks like 57.59%, it looks like an awful lot of money but it is only $8,000.00 difference and that would pay the claims in excess of the aggregate. What are the chances we hit the aggregate? Well they are only going to charge us $22,000.00, there is not much likelihood that we are going to equal it. The aggregate is 125% of the expected claims. We are standing right now at 95% of the expected claims so we are still 30% away from hitting that aggregate maximum. So the chances of them or whoever has the specific (inaudible) has the aggregate. But the chance of them ever spending any of that money, that $22,000.00 is very small. (Inaudible) low fixed cost projected for next year, $443,924.00 or about a 7.8% increase. You remember I have come to you from Anthem and had 7.8% increases, but that is 7.8% increases, but that is 7.8% increase of 2 million dollars, this is 7.8% of $400,000.00 so that is a little bit different. Ok, who wants our business, well we had 7 people was provided the information, 2 companies declined to quote but we did get 5 quotes and Zurich is our current, the Zurich figure will be that $443,924.00. Henrico for their fixed cost fixed cost is going to have a 17.8% increase and they are going to laser one participant and what this means for one participant instead of being a $60,000.00 or a $70,000.00 stop loss, it is going to be a $125,000.00 for that one person so you pay the first $125,000.00 for that person and then they pay in access of that. Then there is another employee that they say is going to be on a 12/12, in other words any claims that happen before July 1st, they will not pay, and they only pay on the claims starting on July 1st for another participant. If you would look at Lead America Fidelity you see a 1.9% increase that really looks good doesn't it, but when something is that much difference, you've got to wonder are they trying to buy the business and if they get the business this year, what is going to happen next year? They are also going to laser one employee, it happens to be the same employee, but it is at the $150,000.00 so instead of them paying in excess of $70,000.00 they would only pay in excess of $150,000.00. And again the other person only starts the claim at the beginning of July 1st; they will not pay the claims the previous year. Symetra is 10%, IOA Re/Everest 10.8%, HCC Life is 18.4%, so you have Zurich who is our current carrier at 7.8%, there is one less and that is Elite American Fidelity. Then before you make up your mind (inaudible) Zurich believes that the maximum cost is going to be 3.8 million, which is the 3% increase, and Elite American Fidelity has a 3.8 million or a 4.3% increase. So they think the claims are going to be out there but yet on the specific stop loss there really won't be any charge of a 1.9 increase. With Elite American you have an extra $85,000.00 worth of risk, not guarantee, but there is that risk of additional $85,000.00 that you might have to pay. Now I will entertain any questions.

Mr. McPhail: The Zurich, laser that one employee?

Mr. Lydick: No they do not laser anyone.

Ms. Whicker: Zurich new you were shopping and looking at others.

Mr. Lydick: Yes.

Ms. Whicker: So while you said possibly Elite American Fidelity is a 1.9, possibly due to attract you, and Zurich could be lower because they want to keep our business.

Mr. Lydick: Zurich knows everything, the other people they just see the proposal that goes out there, and they see the top claimants and things of this type, but Zurich has access to every claim that we had so they know what our risk is so.

Mr. Kirchoff: Our decision here is transparent to he employees; they won't see a change no matter what we do?

Mr. Lydick: No as far as with Zurich or American Elite, no. Sometimes on these claims in the access of $60,000.00 or $70,000.00, we will fund it and then the reinsurance company gives the money back to us. There are other times if it is one bill, for example if you get a bill for $110,000.00, it would go directly to that company and they would pay anything in access of $60,000.00 or $70,000.00, and we wouldn't have to pre-fund that. So I guess the three questions, do you want to continue to work with Unified SR third party administrator, Second is which one of the companies do you want to do the reinsurance, and then I think the toughest decision is do you want to go with a $60,000.00 stop loss or a $70,000.00 stop loss?

Mr. McPhail: It seems to me that whether we go with $60,000.00 or $70,000.00, that one employee is going to cost us $70,000.00 (inaudible).

Mr. Lydick: Well there is no guarantee that that employee will have that but they think that because they know what the diagnosis of that person is, I don't know what it is and they know so evidently they know and so they think it is going to be over $70,000.00, especially the ones that laser it at $125,000.00 or $150,000.00.

Mr. McPhail: Zurich may not believe that, if they didn't laser them.

Mr. Lydick: But Zurich has been paying on that person, so they do know about that person.

Mr. McPhail: They didn't laser them and they've got the lowest proposed maximum cost.

Mr. Lydick: Lowest maximum cost, yes. And their specific cost is not that much higher. It is second place the only one that is lower is that American Elite Fidelity.

Mr. Kirchoff: I am with you, to me the two questions are pretty easy, I think you stay with Unified, and have reserve, but the tough one is do we go $60,000.00 or $70,000.00 on the stop loss.

Mr. Lydick: I don't think that our changes in benefits that you have already decided upon is actually going to affect that $60,000.00 or $70,000.00 very much because, well it will make a difference between about $5,000.00 because the employees will have $5,000.00 out of pocket maximum beginning in January and so that is the only affect our benefit plan change will have on our out of pocket.

Mr. McPhail: Rising from $60,000.00 to $70,000.00 you've got the risk of 220 people hitting that.

Mr. Kirchoff: Typically what is the greatest number we have had, five or six?

Mr. Lydick: Four.

Mr. Kirchoff: That is the highest we have ever had?

Mr. Lydick: Yes.

Mr. Brandgard: And that was this year.

Mr. Lydick: Yes just this year.

Mr. Brandgard: If you didn't go over four, going to the higher level works.

Mr. Kirchoff: That's right.

Mr. Lydick: If you want to take the risk, what was it just a few hundred dollars to go to the fifth one?

Mr. McPhail: I wonder how many we have close? Theoretically what they are really saying is healthcare costs are going up 7 or 8 percent. That 7 or 8 percent is going to push you more over the 60.

Mr. Kirchoff: Ron do you have a sense, we had 4 that hit greater than $60,000.00, but everybody else is probably down? Didn't Jeff tell us that 80% of the people are less than a $1,000.00 a year?

Mr. Lydick: Right. I thought I had a list; we have one at $50,000.00, two at $43,000.00, one at $42,000.00, one at $41,000.00, one at $37,000.00.

Mr. Kirchoff: Is this as of today or 12 month total?

Mr. Lydick: This is as of June 10th; well the report is June 10th so it would be through May 31st. I don't think in that 30 days in the month of June, I don't think that $50,000.00 is going to make it to $60,000.00.

Mr. Kirchoff: I would move that we for the 2011-2012 healthcare programs, we will stay with Unified as our Third Party Administrator and that we stay with Zurich and that we increase our specific stop loss from $60,000.00 to $70,000.00.

Ms. Whicker: Second.

Mr. Brandgard: We have a motion and a second for our healthcare for the year 2011-2012, we will stay with Unified as a Third Party Administer, and Zurich is the insurer, and we go to $70,000.00 on the specific stop loss. If there is no further discussion all those in favor signify by aye, opposed, motion carried. Thank you. Ron you did a good job explaining a difficult subject.

Mr. Kirchoff: Have you started the employee meetings on the new coverage's?

Mr. Lydick: We held eight meetings at various times and places.

Mr. Kirchoff: How did they go?

Mr. Lydick: Well, there were some remarks made showing their dissatisfaction with having to pay increased benefits, they have to pay more of the insurance expenses. Obviously the fact that we kept our withholdings the same except for the employee only coverage of option 1, that was good but there was a lot of concern about the health savings account. But then after the meeting was over, more people talk about well you know this might not be such a bad deal to go into the HSA, but the meetings themselves it was a big concern. That is one of the reasons why I wanted to show that, the employees paid $500,000.00. They had the idea that they have to pay more of the expenses now. When we were fully insured, the Town's option 1, they were paying 60% of the bill under option 2, they were paying 67% that is when we are fully insured. Well as it looks here, that in 2010 and 2011 the Town is actually going to be paying about 80% of the bill. So we are paying a lot more of the cost than what the employees think we are paying.

Mr. Kirchoff: I think it is a story we've got to continue to tell. This is going to be so expensive, it can't be a one shot deal, we've got to continue helping our employees understand the tremendous expense that we are seeing here. I appreciate your efforts.

Mr. Brandgard: Tim do you have anything from Engineering?

Mr. Belcher: One I will give you a topic to another maybe, I realized after thinking about this looking at the agenda tonight in the new business section there is a discussion or a line I know about the Utility Agreement, and what I have to talk about really is sub part of that so how the Council acts upon that agreement would determine how you might want to act on the Bowen contract that I have outlined in my report. However you want to handle that I will sit down until that time comes up and talk about it then, but if the Council were to act say to approve that agreement or to take an action to approve then I think the Bowen contract falls after that that it would be something to do also at that point.

Mr. Brandgard: Let's go ahead and handle that all together over the new business.

Mr. Belcher: I had nothing else to talk about other than to ask if you had a chance to go in the new Beacon site and see the new aerials, the 2011 aerials of March are out there now. I hope the link worked, if it didn't give me a call and I will help you get to the site.

Mr. Kirchoff: Tim before you sit down, I can't remember where it was in your report but the Simmons/Stafford drainage study, the question in the back of my mind, looking at Don, I want to get pretty close to the door here before I bring this out but anyway, does the scope of that study change if we consider the fact that we in a (inaudible) range plan would like to have a round-a-bout at that intersection?

Mr. Belcher: No, it is actually to me foundational but we knew at some point we wanted to look at a round-a-bout potentially at that location, but without a drainage plan we really would need to start the road, we actually got another proposal that Don and I hadn't had a chance to go through and analyzed yet, but to do a corridor study at Stafford Road, both what came out of a trail master planning and also our own knowledge of our own corridor we are going to come back to you hopefully in the near future with something to propose on that which would then overlay the drainage work, but again the drainage work would be a foundational issue so we answer those questions…

Mr. Kirchoff: I thought that was but I just wanted to make sure that we considered that, because that continues to be an intersection that, and you know we have talked about getting kids down to the middle school and all of that and that would just be a part of that overall study I would assume.

Mr. Belcher: We started to scope that out with a company we would like to hire to do it and Stafford and Center Street and East Street and certain times of the day it is extremely difficult to get in and around and another tough intersection Simmons and Stafford and also where the Marsh and the Southfield Drive intersection. Those intersections are something that will be a challenge within the study but that is what we are going to tackle and look at the whole corridor, but the drainage will be ahead of it a little bit, but basically provide a foundation for what we want to do.

Mr. Kirchoff: Thank you. You are always relating those stories that happen, the other day I pulled up there and I was just a little bit late getting there and somebody was eastbound and there was a person right behind them and so when one went through another went through and so my concern is the with the kids on foot coming up the hill getting to the library. I just wanted to make sure that drainage study wasn't going to be impacted by it. Thank you.

Mr. Brandgard: Don, do you have anything for Transportation?

Mr. McGillem: I just want to thank all of your participations in the opening ceremony. I thought it went great. I attended a few of these over the last 45 years and I think this is the one that has been about as well attended and has come of about as good as any that I've attended out there. There were a lot of positive comments that came about from the project downtown, everything that is going on. There was one gentleman there, he didn't talk with me, but I think it was with Rich or who but it was before the meeting, I think he said he lived up on North West Street for the last 70 years and he said in that 70 years the Town looked better than it ever has so I thought that was a pretty good compliment coming from an individual that has been around here for a long time. I thought it went real well, I want to thank Clay and his troops for helping us get set up, especially a big thanks to Chief Mitny and his for stopping traffic on 40 for a few minutes to get the ribbon cut out there. I thought it went real well and I appreciate everybody's effort.

Mr. Brandgard: Thank you Don, and just a quick comment, kind of interesting. I had a 50 year high school reunion over the weekend and it was amazing how many people who have come back from different areas of the Country and they are all amazed and very complimentary on how the Town looks. So pass that onto everyone that is a part of it, but it was surprising to me how many compliments there were, even people who live outside of Town who wanting to know how did that ribbon cutting go. I think you did well, thank you.

Mr. Wirth: Kurt Wirth, Utility Manager.

Mr. McPhail: Did we have a water line break right out here in the street?

Mr. Wirth: It is still yet to be fixed but yes, we have a leak.

Mr. Kirchoff: Saturday I took a bike ride over from Crystal Bay and ended up at the Mall and all around and on Stanley Road, not the condo but the other sub division, Providence, there is a manhole kind of in the trail system there and just east of there, there is a good slice of the trail that is just split away, so I don't know who takes care of it. It cleaves right off, it is falling off pretty good, you might want to take a look at that because I with my 9 year old grandson trying to ride through there, it's really splendored off pretty severely, so pass that on.

Mr. Brandgard: Are we pumping water into the system?

Mr. Wirth: We are hoping to do that this week actually through Swinford; they have sent a few thousand gallons of backwash water they have been testing out that system because as you know Anderson and Swinford have the same dome and they are starting treated water at Carr Road booster station this week.

Mr. Gaddie: The area around the old high school, there is two or three people saying there is water about a week ago kind of rusty.

Mr. Wirth: You are not alone, you can talk to Wes and Lois about that, if you think about everything that in our defense, bottom line is I live here in Town too and I'm a customer and when I turn the tap on I want clean water, I don't care what is going on, I mean that is it and I know that is how everybody feels. But if you think about what we have done since Thanksgiving, with Ronald Reagan tower, Swinford, and switching the reversal closed water, there is a lot going on and all I can tell you from my staff personally and through Jason, we are doing everything we can as a customer all I can do is understand because they have every reason to want their water clean when they turn on the tap, so you are right, you've heard it, I've heard it, PR work is in high abundance right now.

Mr. Brandgard: The other thing you're doing is flushing the hydrants which kicks rust in. I know one night I came home and it must have been close to midnight and we got up the next morning and I told Ginny, I said run all the water till it is clear again.

Mr. Wirth: Yes that too, thank you, and we've been giving out plenty of samples of Red-B-Gone too for white loads, we are hearing it all around.

Mr. Gaddie: Ok, thank you.

OLD BUSINESS

Mr. Brandgard: Old business, Kent, Renea, Bill, Ed?

Mr. Gaddie: The only thing I had, I think at the last meeting we talked about the Police Academy and the tall grass and weeds backs up to Glen Haven and a guy said he checked and nothing has been done. Rich said he was going to make contact.

Mr. Carlucci: Actually Chief Mitny did.

Mr. Mitny: I made contact with the Assistant Deputy Director out there; the Director was out of town. He said they were going to go back there and take a look at it to see if it was an issue but one of these cost cutting measures the State has started is they are not mowing some of the grass in some of the areas. So I can check back with Rusty because they haven't called me back yet so, but we did check on it. I will make a phone call tomorrow and let you know.

Mr. Gaddie: Alright, thank you.

Mr. Carlucci: Thank you Mr. President, you all have received the Memorandum of Understanding between the Town of Plainfield and Vincennes University. As you recall the Town has committed to $100,000.00 to help Vincennes University get this Logistics Training Center started in Plainfield. I got a call and maybe an email from Renea specifically about page 4. I think when I talked about this several weeks ago, my intent was to try to get training for our employees at a reduced rate for Plainfield-Guilford Township people who want to go through that training. At this point, I am not ready to ask the Council to approve this; I want to take a look more at this because they did put some training in there for the Town and the school system. Some of this training does for example if the school district will probably have less training than we would, but there is some but there are some things they can go through training at no cost. What I was concerned about and I think I know the answer is I think for them to do a blanket reduction of like 25% for anybody who lives in Plainfield-Guilford Township creates a problem with the State Board that controls these schools. But I want to clarify that because I thought that is what my intent was I believe. I looked everywhere for my original copy of the agreement that Mel sent out.

Mr. Kirchoff: I had two points on it. On the first page, Guilford is misspelled for Guilford Township, and the third whereas, where it says Plainfield and Guilford Township, Guilford is misspelled and then the second question I had is it talked about verification or approval of their expenditures, I guess that I would suggest that the Town Manager would be the more appropriate person to approve and review those rather than the Clerk Treasurer.

Mr. Carlucci: Ok. It is a matter of them turning receipts in for whatever they bought or purchased, of course they will be have to be there a full year before they can get the first check and then same way down the road. So they probably need to save a lot of the receipts for a long time or at least for a five year period.

Mr. McPhail: You are going to work on the clarifications?

Mr. Carlucci: Yes, I think I am just going to call Dr. Helton, because I thought he said he had a little bit of concern on how he would, he said there is a State College Board that he is responsible for and I think he was concerned about that, but if I can find my initial copy of that agreement I can at least see what we have had in there. But I think that specifically is what they changed in that agreement.

Mr. Daniel: Right that is right Rich.

Mr. Carlucci: I don't know if it is that critical, I will call Dr. Helton and find out and get some more information from him and clarifications and we can get this corrected and move onto that. One other thing about last Friday, I did forget to thank one person who was there and I apologized to him later that same day, and that is to Joe James. I did not mention the hours and time he put into that Façade Improvement Program, and I wouldn't have wanted to be in that position between Joe, the contractor, and the people getting those improvements. If anything that is herding a bunch of unhappy cats. So Joe, I apologize to you, I should have mentioned you when I was there. Joe gave me a long list when I was there, I mean he gave me a list of half the State Officials and I started cutting it down, and I think I cut too far. When you are dealing with someone's piece of property, it is never good enough typically what you do. I know he has had those ups and downs out there and trust me, I would see him walk by my office, he didn't look at me, and his head down and I knew one of the property owners had gotten to him that day. We know how that feels. That is all I have. Thank you.

NEW BUSINESS

Mr. Brandgard: Kent, new business.

Mr. McPhail: The only new business is just to inform the rest of the Council that I will be out of Town from the 21st to the July 4th. I have limited access to email. But if you need me, contact me I will get back to you within about 24 hours to make contact. But hopefully there will be no emergencies that I will need to know about.

Ms. Whicker: I will be out of town the 25th to July 4th.

Mr. Brandgard: Bill?

Mr. Kirchoff: I will be here. I wanted to give a compliment to the Police Department. Today I was stopped by my sons house, he lives in Yorktown out in Saratoga and we was dropping some games off for the grandkids opened my front door, went in the house the grandkids and I were talking and next thing we knew a police car pulls up and walks up to the front door and my daughter-in-law asked what is going on and a very polite Police Officer comes to the door and says, “I just want to make sure everything is ok, there is a car sitting out here with a door open”. Obviously he was concerned that maybe someone was breaking into my vehicle. I said no it was just me; I was too lazy to shut the door. And he said oh and by the way your cell phone is ringing so I failed to catch who it was, but very professional and my daughter-in-law was very impressed, she said for someone to be coming through a neighborhood and see something like that and stop and come to the door and express their concern, so well done. That is all I have.

Mr. Brandgard: On thoughts of what Bill had there, this morning while I was having coffee, I heard a car alarm go off and then it continued to chirp and a few members of the Police Department came in for coffee and as they were getting out of the car they kept looking over at this car lot. When they left, one of them went over to that car lot, looked at the car and then went to tell the owners, this is probably 9 or 9:30, and the place wasn't open. But it sounded the same like they know something a midst and stop to find out what it was without asking. Again kudos to the Police Department, they are doing their job the way they ought to be and it is appreciated. Thank you.

Mr. Belcher: I tried to summarize where this is at, probably 8 months of negotiating with DOC and do my best to give the other Council members as much as I could in condensed format to let you know where we are at and then to also give you details incase you have any questions we could answer those for you before we go forward, but the concept is that we have an agreement that Mel is going to talk about in a minute, we have a financing plan and we have a construction contractor on deck that I have a contract with and those three components really make up what we are trying to accomplish here. We need all three of those to make this work. Of the three we are doing, the two we had total control over but SRF, the financing piece, and the agreement with the contractor I literally have the contract here tonight for your action but the agreement drives everything else and drives everything else and drives the whole deal. So what the agreements has in it, I listed, we can go through those if you want, but I wanted to just essentially be ready to answer the questions of what the agreement is essentially trying to do and then let Mel take over because we have an agreement written and I think the Council all got over the weekend to look at and I think we are ready to as a negotiating team I think we are ready to make a recommendation but that is where we are at.

Mr. Daniel: As Tim indicated the details of what is in the agreements has been handed out to the Council, to give you a little background on this, we started on this late last fall and the hope was that it will be completed and closed by the end of the year last year but that didn't quite get accomplished, but there has really been a lot of time and effort put into this by the representatives of the Department of Corrections and the Town and everybody else. It's really an effort to resolve a lot of inflow and infiltration problems in their water system over there that has cost them a huge amount of problems when we get spring rains and things like that their bill goes up dramatically and of course that is the bad news for them because they have to pay a lot of money for leaks in the system and the bad news for the Town obviously is running water through our waste water system is a real waste of the utility reserves that we like to keep here for sewage treatment and if we run clean water through a sewage plant has never made any sense so at the extent that could be fixed it would be a great deal for both parties. The whole idea here is the Town with its resources and like Tim talked about the loan and the bond that we will take over the system in there temporarily to fix the problems in there and they will conveyed the portion inside the fence back to the Department of Corrections and they will keep the elevated tank. They will then become a customer of the Town. They are not currently a water customer, they are only a sewage customer only and they will become a water customer of the Town and the Town will provide them with public water for their facility over there. The other part of the transaction here that is not in this agreement and with a lot of effort to make this thing to try to make this thing go together because it is one deal, also the State is going to convey to the Town right of way on Moon Road, Hadley Road, and 700 East and then in addition we are looking at the possibility of a path, that is what Tim was talking about earlier that we will link up the west side of Moon Road and that community over there to the Town path system, they also have an old site of some kind, and I don't remember what it was dumped on there, it wasn't anything bad, I think leaves and stuff like that. We are looking to work with the Department of Corrections to develop a compost site there and leaf drop off site. Those will all be done through a separate agreement and deeds, the reason I tell you that, since that is not in this agreement, if the Town would chose to approve this agreement tonight I would suggest it be approved conditioned upon the fact that the Town does get the deeds that conveys a right of way and an agreement on the compost site, the trial site, and a Fire Station that we talked about for that 2 ½ acre site over there for a Fire Station, the Town is not prepared yet to put a Fire Station in there. One of these days if the Town will need one over there we will probably put one in and Department of Corrections has talked about contributing a 2 ½ acre site on that facility property to the Town for that Fire Station site. So that is sort of a global agreement, what is in this is the utility side of the agreement and the other agreements are separate agreements that will be done by different documents, but they are a part of the deal. So to the extent that the Town might act on this agreement tonight we will ask that it will be approved subject to those other items coming from the State of Indiana and also this agreement has been revised and up to and including last Friday, we have added about 5 or 6 minor, what we believe are minor changes, not material changes, they have not reviewed those yet, so I think it would be a good idea who ever is authorized to execute the agreement on the behalf of the Town that they be authorized to any minor non-material changes are required to be made rather than calling a special meeting or something like that, we aught to have the Town Council member authorized to make some minor adjustment in the Utility Agreement if that becomes necessary. So that is where we are as of today and I will be glad to answer any questions you have.

Mr. Brandgard: You might add that part of the reason where we are going, wanted to approve this tonight and send it to them subject to the other agreements catching up is the bond closing has to be by the end of the month. That bond is very favorable to the Town and the Department of Corrections. But if it doesn't happen, this whole deal is gone for everybody. So part of what we are trying to do is get them in gear and start moving on it.

Mr. McPhail: I will make one comment, and I believe the meat of the contract is in page 1-4 and 5-14 is all legal stuff to satisfy somebody in this whole thing. I tried to read that and I really got confused when I got confused when I got to page 10, and I said I think I will let Mel read the rest of it. I do believe that the terms are stated as we have been informed as far as the things we are concerned about in terms of the contract and I'm a little confused on how to make the motion.

Mr. Kirchoff: I will take care of that.

Mr. Belcher: One key to asset that would be transferred to the Town and it is actually in this agreement, you probably read it, is the acreage for the water plant, the well site, the road essentially out in the back, so it would be from the new Athletic Complex, essentially south to Co. Rd. 700 and that whole area in there I think is on 20 acres and also connecting Vestal Road from US 40 where the public right of way stops and it dumps onto private property, so the State property, that would become Town public road right of way all the way back to the outlet so the question would be answered, not only can somebody drive through there, who is going to maintain the road, all of those things will be taken care of by us. It is a hard to put a value on that transportation asset for us but you know having another bridge there, there is some critical issues when we saw US 40 out of service, that came up and those things could happen through accidents and other things so this is a really important link to our road system, and we believe there is water assets underneath the ground out there. This is an offer that the Town can use for our citizens and for the growth of our community in the future, that would be a tremendous secondary source of water, when you get a big system like ours you need more than one set, if one goes down for some reason you want to have a second one so like Kurt said, nobody cares what happened they just want water in their house and that is what we intend to do as a water company is to keep that water coming and that is another way out of this deal if it goes through a structure, what we will attain. So a lot of very long term valuable things for the community here.

Mr. Daniel: And I think that one thing the parties that has been directly involved in negotiating this thing has started out from day one saying this cannot result in an increase in water rates here for the Town of Plainfield and it does not.

Mr. Kirchoff: Or sewer.

Mr. McPhail: I certainly think it is a win, win situation, and I certainly appreciate all the work the staff, Bill, Robin, Mel and everybody who has worked on this thing, I know it has been a lot of work and a lot of time and a lot of effort, but the end results it is a win, win.

Mr. Kirchoff: I move that we approve the Utility Agreement between the Town and the Indiana Department of Corrections subject to the Town receiving approved and executed documents, transferring the interest and the real estate parcels that are a part of this transaction and confirmation from the Department of Corrections of the agreement regarding the Fire Station site and the compost site. I additionally move that Mr. Brandgard be authorized to execute the agreement on behalf of the Town and that he be authorized to agree to minor changes in the agreement that do not substantially affect the material terms of the agreement.

Ms. Whicker: Second.

Mr. Brandgard: We have a motion and a second, Utility Agreement between the Town and the Indiana Department of Corrections subject to the Town receiving approved and executed documents, transferring the interest and the real estate parcels that are a part of this transaction and confirmation from the Department of Corrections of the agreement regarding the Fire Station site and the compost site, in addition Mr. Brandgard be authorized to execute the agreement on behalf of the Town and that he be authorized to agree to minor changes in the agreement that do not substantially affect the material terms of the agreement. If there is no further discussion roll call vote please.

Mr. Bennett: Ms. Whicker- yes
Mr. Gaddie- yes
Mr. Kirchoff- yes
Mr. McPhail- yes
Mr. Brandgard- yes
The motion to approve the Utility Agreement with the Indiana Department of Correction is adopted.

Mr. Brandgard: Thank you.

Mr. Belcher: With that behind us and a positive outcome the next item I had for your consideration, because the closing got moved from the 23rd possibly to the 30th, we have another Council meeting so it doesn't require action tonight but we would be ahead of it if you wish to make that action. We had Bowen Engineering, Inc provide us a proposal to repair the problem we just talked about, the sewer problem. Some is replacement and some is relining and some is just essentially manhole repairs and things like that to stop the leak. The scope of work and the price they provided at the last meeting, the 23rd of May was $4,260,000.00, that is what the guaranteed maximum cost to repair this problem would be. They provided a contract form that I have now it is the same format that we use on our prior contracts using this method of project delivery and I think that the scope was reviewed over the last three weeks now to make sure it was complete and we can do this project for that amount and Bowen has guaranteed that so the risk has shifted to them to make this happen for that amount of money. All of the funding would come from a ESRA loan if that does not close then the agreement that Mel just described to you would allow the Town to back out of that portion of that, so that is a protection the Town has also. But at this time I am willing to recommend if the Council will consider approving a tentative award of this contract to Bowen Engineering in the amount not to exceed $4,260,000.00 subject to the legal review by Mel's firm, the completion of the IDOC agreement we just talked about and the completion of the ESRA financing to fully fund that contract. So those three items I believe will allow us to say to the funding agencies we have a tentative award and if they do their part, then we would be able to complete that contract at the appropriate time during the closing process.

Mr. Kirchoff: You might talk a little bit about timing again, they are ready to start and we want to start that project when?

Mr. Belcher: Yes, Bowen has essentially asked me, when can we start? They have looked at the project hard enough and again anytime they start one of these projects their immediate desire is to save money so if they can order things sooner and they know the pipe prices are going up or something they will order a pipe and things like that so, I would thing within days after a closing, say days after the 30th, if the contract was in their hands they would begin the contract and I believe it was a 15 months after notice received they would provide substantial completion of the work and then 60 days after substantially they will have final completion.

Mr. Kirchoff: Getting back to some of the things we talked about, you probably noticed in the agreement, but the billing changes don't occur until I think it is thirty days after.

Mr. Belcher: Yes, there is certain provisions for them providing the documents to us and everything that the State has to do taking place before they would receive the bill that is agreed too, the monthly bill.

Mr. Kirchoff: And the other part of that, the sooner they get started the sooner our savings get started and as you said becomes win, win. The sooner we can get to that point the better off we are.

Mr. Belcher: So in theory if we are working on the sewers and there is a point that they receive their sewer bill at the estimated amount and they have a big rainfall, and that goes way over the estimated amount, the State is only going to pay the estimated amount, so the sooner we can fix the leaks, that brings that down, and that is why we are progressing in this as quickly as we can and this allows us to do that.

Mr. Brandgard: I will entertain a motion to approve the agreement between the Town and Bowen.

Mr. Belcher: I wrote it in my report because I was not sure I had everything in there. But that is what I thought needed to be acted on if you willing too, the tentative reward.
I recommend the Town Council approve a tentative award of the contract to Bowen Engineering Inc. in the amount not to exceed $4,260,000.00, subject to 1.Legal review of the document, 2.Completion of IDOC agreement, and 3.Completition of the ESRA financing necessary to fully fund the project.

Mr. McPhail: I so move.

Ms. Whicker: Second.

Mr. Brandgard: We have a motion and a second to approve the motion as read by Town Engineer Tim Belcher to approve the agreement between the Town and Bowen Engineering for the Department of Corrections project. If there is no further discussion all those in favor signify by aye, opposed, motion carried. Thank you, you did well.

Mr. Kirchoff: Kent, built on your comments, the hours and hours that Tim has spent on this is unbelievable, and the quality of work that he has put into this has just been fantastic and he has really held this thing together and I can tell you there has been days we've been going wondering where we are going and what did we get ourselves into, but great work.

Mr. McPhail: I was just thinking how many communities in this State have the ability and the staff to do a project like this, it is not very many.

Mr. Brandgard: That is true.


RESOLUTIONS

Mr. Brandgard: We will go to resolutions; we have 1 resolution number 2011-12 Confirming Interest in property located at 126 S. Mill Street.

Mr. McPhail: So move.

Ms. Whicker: Second.

Mr. Brandgard: The motion is second to approve resolution number 2011-12 Confirming Interest in property located at 126 S. Mill Street. If there is no further discussion a roll call votes please.

Mr. Bennett: Ms. Whicker- yes
Mr. Gaddie- yes
Mr. Kirchoff- yes
Mr. McPhail- yes
Mr. Brandgard- yes
The Plainfield Town Council resolution 2011-12 is adopted.

Mr. Brandgard: Thank you.

ORDINANCES

Mr. Kirchoff: We need to suspend the rules so we can have third and final reading and adoption of ordinance number 07-2011, would so move.

Mr. McPhail: Second.

Mr. Brandgard: We have a motion and second to suspend the rules to allow the third reading and adoption of ordinance number 07-2011 an ordinance amending ordinance number 19-2010, Certain Improvements to Sewage Work Systems. Again if there is no further discussion roll call votes please.

Mr. Bennett: Ms. Whicker- yes
Mr. Gaddie- yes
Mr. Kirchoff- yes
Mr. McPhail- yes
Mr. Brandgard- yes
The motion is adopted to suspend the rules for the third reading of ordinance of 07-2011.

Ms. Whicker: I make a motion that we approve the third reading of ordinance number 07-2011 for its third and final reading.

Mr. McPhail: Second.

Mr. Brandgard: The motion is second to approve the third reading and adoption of ordinance number 07-2011 an ordinance amending ordinance number 19-2010 Certain Improvements to Sewage Work Systems. If there is no further discussion roll call vote please.

Mr. Bennett: Ms. Whicker- yes
Mr. Gaddie- yes
Mr. Kirchoff- yes
Mr. McPhail- yes
Mr. Brandgard- yes
Third reading and adoption of Plainfield Town Council ordinance 07-2011 is adopted.

Mr. Brandgard: Thank you.

Mr. James: One last thing before we adjourn, I wanted to thank Rich for his apology and acknowledgement, but there is one more thing that would make it complete, I want a hug from Giselle.

Mr. Brandgard: If there is nothing else to come before the Council this evening.

Mr. Kirchoff: So move.

Mr. McPhail: Second.

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