PLAINFIELD TOWN COUNCIL
AGENDA FOR
August 9, 2010
7:00 p.m.
Mr. Brandgard: The Plainfield Town Council Meeting for Monday August 9, 2010 is now in session. The meeting is now in session. Everyone please rise for the pledge of allegiance.
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
Mr. Brandgard: We have several items on the consent agenda for this evening.
1. Approval of the minutes of the regularly scheduled Town Council meeting of July 26, 2010.
2. Approval of the Town of Plainfield Holiday Calendar for 2011.
3. Approval of July 2010 monthly reports for the Plainfield Police Department, Department of Public Works, Utility Billing and Plainfield Town Court.
4. Approval Park and Recreation Director's report dated August 5, 2010, Transportation Director's and Town Engineer's reports dated August 6, 2010 and HR Director's report dated August 9, 2010
5. Approval to transfer Susan Moore from the Utility Billing Clerk position with the Clerk- Treasurer's Office to the Records Clerk II position with the Plainfield Police Department at the rate of $13.70 per hour per request of HR Director.
6. Approval to proceed with vacating a portion of the Clark Road right of way as described in an approved memorandum of understanding between the Town and Ralph E. Daum dated May 24, 2004 and approval to share in staking of the east right of way line of the new Clark Road at a cost not to exceed $875.00 per the Town Engineer's report dated August 6, 2010.
7. Approval of agreement between Leads Online for an electronic investigative tool for the Plainfield Police Department in the annual amount of $2,578.00 and authorize Chief Mitny to sign agreement per Chief Mitny's report dated August 6, 2010.
8. Approval of the following Change Orders: for US 40 Streetscape Project resulting in a net increase to the Gradex contract in the amount of $214,802.14 per the Transportation Director's report dated August 6, 2010.
○ CO#25: Locating the sanitary laterals in the alley south of Main between Mill St. and West St. that had to be connected to the new sanitary sewer Total cost $1,237.53.
○ CO#26: Adding 33 additional lateral service connections to the new sanitary sewer due to the discovery and required removal of an old secondary sanitary line resulting in a total increase of $198,775.00 to the project.
○ CO#27: The addition of Tack Coat required prior to final surface that was left out of the contract resulting in an increase of $6,732.00.
○ CO#28: The addition of a lighted arrow board at the west end of the project which was required after INDOT removed their arrow in place for the bridge project. Total cost $3,960.00.
○ CO#29: The addition of 4” pipe for the connection of building downspouts and small drainage pipes that have been uncovered and requiring connections to the new storm sewer. This change includes 70' of undistributed quantity for future connections that may be required. Total cost $2,100.00.
○ CO#30: Temporary signal repairs required year to date at a total cost of $939.90.
○ CO#31: The need for changing an inlet to a flat casting due to field condition resulting in an increase of $791.12.
○ CO#32: A resident lost water pressure due to clogging after new water connection resulting in a plumber having to come and blow out lines resulting in a cost increase of $266.00.
Mr. Brandgard: Were there an additions or corrections to the consent agenda?
Mr. Kirchoff: I think that item 6 Mr. President, we are saying Clark's Creek Road isn't it?
Mr. Brandgard: On one side it is and the other side it isn't. The reason I knew that is because I had asked it when this came up once before.
Mr. Kirchoff: I approve the consent agenda as read.
Ms. Whicker: Second.
Mr. Brandgard: We have a motion and a second to approve the consent agenda as read if there is no further discussion roll call vote please.
Plainfield Town Council consent agenda for August 9, 2010 is approved.
Mr. Brandgard: Thank you.
BID AWARD: Splash Island Expansion Phase 1
Mr. Brandgard: We have a bid award scheduled for this evening for Splash Island expansion phase 1. Do we have a recommendation?
Mr. Chafin: Yes we do, the bid review committee met and reviewed the low bid from JDH Contracting, Inc and recommends that we award them with contract as bid for $359,824.00.
Mr. Brandgard: Any questions or comments? If not I will entertain a motion.
Ms. Whicker: I make a motion that we do award that bid to JDH Contracting in the amount of $359,824.00 for the Aquatic facility expansion phase 1 of parking lot improvements.
Mr. McPhail: Second.
Mr. Brandgard: We have a motion and a second to award the bid to JDH Contracting, Inc. in the amount of $359,824.00. Again if there is no further discussion all those in favor signify by aye.
All: Aye.
PUBLIC HEARING: Plainfield Elk's Dis-Annexation
Mr. Brandgard: We do have a public hearing this evening this evening. Plainfield Elk's Dis-Annexation request, do we have proof of publication?
Mr. Daniel: Yes we do.
Mr. Brandgard: Thank you, and before we get started I'd like to ask everyone who intends to speak to this matter this evening to rise so they can be sworn in.
Mr. Daniel: Administered the Oath of testimony
Mr. Moore: Good evening, my name is John Moore, and my address is 50 South Meridian Street, Indianapolis. I will be here tonight on behalf of the Plainfield Elk's; also in the crowd this evening we have a number of members of the Plainfield Elk's. We want to thank you for hearing our petition tonight. The petition before you is a request for dis-annexation pursuant with the Indiana code 364317. The Elk's is seeking dis-annexation of its property located out on US 40. It was annexed into the Town in July of 2007. You are all familiar with this matter but just to refresh our memories the Elk's seeks dis-annexation because the purpose of annexing the Elk's property into the Town of Plainfield did not materialize and the Elk's has been forced to pay increased taxes and fees that were never intended to be paid by the Elk's. This has jeopardized the viability of the Elk's and its ability to serve the residents of Plainfield and operate a quality affordable public golf course. As I said the property is located there on US 40, I think we are all familiar, just west of Co. Rd. 500 east. It's approximately 144 acres which includes the Oak Tree Golf Course. In 2006 and 2007, just north of the Elk's Bay Development proposed the Oak Tree residential community of approximately 1,000 units. We look at that on the zoning map right here in Plainfield and you can see Plainfield Elk's is out here on the outskirts of the Town and there is the Oak Tree development where it was proposed, I believe that is referred to as the Martin Farm for those familiar with the area. The builder for Bay Development, the Oak Tree Development as you can see in the lower left there with Centex Homes. That is who was supposed to build the homes within Oak Tree. As you can see as they have owned this that is March 1 of 2007 when this was being discussed by the Plainfield Plan Commission. Now at the time that Bay Development made this proposal to the Town, the Town made it very clear that Plainfield would not approve Oak Tree unless the Elk's agreed to annex into Plainfield. If we look at some of the minutes back from 2007, these are from the Plainfield Plan Commission in February of '07 and what that says these are the minutes from that are in your materials as exhibit A, what that continues to have concern as far as I'm concerned this project without the golf course without the golf course is useless to us, I don't want to spend a lot of time on a work session and two or three other things if that is not going to happen. I think the work session is the way to do it but until there is an assigned agreement with the Elk's Club I am not sure I want to spend a lot of time on it. Then in March of 2007, Plan Commission has another meeting and what other question I have to ask one more time did we get everything resolved with the Elk's Club are we ok with the agreement with the Elk's to be annexed and to be a part of this project? Now it is important to note that when we look at that zoning map, the Elk's was not required to be annexed into the Town for Oak Tree. Oak Tree was contiguous to the Town to be annexed into the Town and the Town could have provided sewer and water to Oak Tree. The Elk's was going beyond that, so it certainly wasn't necessary for Oak Tree's approval, it was just a requirement that was placed on Bay Development. If we go to the next line, it also appeared, this is from February 22, 2007 in the Indianapolis Star where it says that the Town's approval is contingent on Oak Tree Golf Course and the Elk's Club, which about the development is going to be annexed into Plainfield. So it was made very clear to Bruce Sklare and Bay Development and Bruce Sklare is the principal for Bay Development and in order for the Town to approve this project he had to convince the Elk's to annex into Plainfield. Now this was bad news for Bay Development because the Elk's did not want to annex into Plainfield. The Elk's don't use water or sewer of the Town or other services such as snow plow and so forth. The Elk's knew that it could not afford the additional taxes and fees that would be incurred as a result of annexation. The Town put Bruce Sklare and Bay Development in a position of getting the Elk's to agree to the annexation or as Oak Tree Development would be tonight. In fact in your materials and exhibits in the evidence we submitted, Bruce Sklare testifies in his affidavit that he would not have approached the Elk's if Plainfield had not required the annexation of the Elk's property as a condition to approving his project. So what did Bay Development do? Well he had to go out and convince the Elk's to agree to annexation. So here is what Bay Development offered the Elk's. Bay Development said we will pay for a three year membership for each lot buyer into the Elk's. That has a value of approximately $195,000.00. Bay Development was going to make cash payments to the Elk's of $210,000.00. Bay Development was going to pay all engineering fees to design new sanitary sewer system for the Elk's. Bay Development was going to demolish the bath house and remove all concrete, pool deck and pool walls and fill in the pool with fill dirt. Bay Development was going to pay all additional tax liability the Elk's incurs as a result of annexation through the year 2019. Bay Development will pay all storm water fees assessed against the Elk's up to $7,500.00 per year through 2019. Bay Development agreed to pay the Elk's interest expense on a loan it had to install an onsite septic mound system until such time that Bay Development had paid the complete $210,000.00 cash to the Elk's. Lastly, Bay Development agreed to provide a $250,000.00 letter of credit to guarantee payment of the Elk's additional tax liability, storm water fees, and other obligations. This was an offer really the Elk's couldn't refuse; it covered the additional tax liability to the Elk's and provided for the future liability of the club and the golf course. So based on these conditions, the Elk's agreed to annex into Plainfield. So in July of 2007, the Elk's and the Town enter into a memorandum of understanding which states as a result of the residential development occurring next to the golf course, owned and operated by the Lodge and they need to coordinate the development with the golf course is important to have a lodge property within the corporate limits of the Town, signed by the Plainfield Town Council and Elk's Board on July 9, 2007. So clearly the reason for annexation was the residential development to the north. The Town then immediately after adopts annexation ordinance number 10-2006, annexing the 144 acres of the Elk's property into the Town of Plainfield. We discussed this before but what happens next? 2007-2009, we are all aware the housing market crashes, Centex homes terminated its agreement with Bay Development. Bay Development then default on its obligations to the Plainfield Elk's. Bay Development goes out of business, Oak Tree is not developed and the Elk's is left to incur substantial increased taxes and fees resulting from annexation with no Bay Development there to cover those costs. You will also see in the affidavit of Bruce Sklare has submitted into the record that Bay Development has ceased operations and Oak Tree will not be developed. So as a result of those factors, we go back to our conditions, Bay Development has not fulfilled or satisfied any of them, none of the eight. Right now the Elk's is incurring those additional taxes and fees. In addition, the whole purpose of the annexation went away as we saw; the annexation was because of the Oak Tree Residential Development to the north. That is now gone and it is not coming back. So this had serious consequences for the Elk's, as I said, the Elk's was now responsible for the increased property taxes, and storm water fees of over $5,000.00 a year for the Town of Plainfield. Here are those numbers; these are fees that were incurred solely because of annexation. In 2009, the Elk's incurred an additional $20,255.00 they had to pay because they are in Plainfield. That is corporate, fire, and storm water fee. 2010, that number has been reduced to $18,156.76 that the Elk's has had to pay. That Bay Development had agreed to pay but cannot do it no longer being in business. Looking at that, here is an increase in the property taxes and fees paid by the Elk's result of annexation. You can see in 2006, 2007, and 2008, the Elk's property taxes and fees were 15, 16, and 17 thousand. 2009, the first year that the annexation affects their taxes and fees, it jumps to $38,097.00. This year, it is $32,869.00 so the property taxes and fees have doubled as a result of annexation into Plainfield. Keep in mind, the Elk's, they don't use the water, they don't use the sewer. These are just fees they are incurring. This has resulted as you will see in your materials a budget for 2010-2011 was a projected net loss of $13,387.00 this year for the Elk's in their 2010-2011 fiscal year. That is a direct result of annexation. Let's talk a little bit about the Elk's and their history here in this Town. The owner of the Elk's, which is a national organization, was established in 1868, it is the largest benevolent organization in the United States. Plainfield Elk's received its charter in 1960; this is its 50 year anniversary in Plainfield. Plainfield Elk's purchased the property on US 40 in 1961, golf course opened in 1964. I've learned this week that golf course was constructed mostly by Elk's members performing the labor out there. Pool opened in June of 1965, they continued to operate a quality affordable public golf course in Plainfield. The Elk's also does a lot of good in this community. You know the Elk's is a non-for-profit corporation. They don't make a profit. Anything on their net income that they receive beyond expenses is returned to the community in form of charitable donations. I've got a few of them listed here, scholarships for graduates, donations to several organizations, Habitat for Humanity, Sheltering Wings, Youth Sports Leagues, they pay utility bills for families with husbands serving in Iraq, and Afghanistan. They donate food to the needy and they also hold their basketball hall of fame, Hoop a shoot every year. They are here to do good in the community. They are the type of organization that every community should hope to have and every community should embrace when they have it. Now in addition to that list, you will see in your materials an affidavit from Hershel Disney that has a list of all of the charitable giving that they have done in the past 24 months, an entire page of charitable causes and charitable giving that they have performed. As a result of the additional taxes and fees that they are now incurring in the Town of Plainfield, this is in jeopardy. As you saw their budget shows a negative $13,000.00 for 2010-2011. So what will they have to do to pay those taxes and fees, they will have to eliminate that. I don't think that is in the best interest of the Elk's nor the community, nor this Town Council. We will respectfully suggest that dis-annexation really doesn't have a negative impact on the Town. As you can see the Elk's is all the way out here on the outskirts. It is out in the middle of development all the way out here on the end. So if we dis-annex that property that is all that changes. We just drop the Elk's off there and everything else remains the same. So in summary, the Town approval of Oak Tree Development required the Elk's to agree to annexation, Bay Development in order to get the Elk's to agree to do that, promises to pay all the increased taxes and fees incurred by the Elk's as a result of annexation through 2019. I want to point out 2019 at that point you have a fully built out subdivision, you've got new members at the Elk's, you have additional income. At that point the Elk's could pay those additional taxes and fees, they can't do it today. Nor will they be able to do it in 2019 because Oak Tree is not going to happen. Centex backs out of the project, Bay Development goes out business, Bay Development fails to satisfy its financial obligations to the Elk's which exceeds $500,000.00, the additional taxes and fees put the Elk's continued operation at risk. We saw that there was a projected net loss of $13,387.00 for 2010-2011 they Elk's do not require or are they provided Town water and sewer services. The purpose of the annexation no longer exists and we are respectfully requesting that the Town approve the dis-annexation and this will allow the Elk's to continue its philanthropic mission and top priority of quality and affordable public golf course in Plainfield. Now as I said we are here on this petition for dis-annexation pursuant to Indiana code as your esteemed Council will tell you that, that code requires that this Board make a just and epic able decision on this petition. So what is just and epic able? Is just and epic able approving a dis-annexation for which the purpose no longer exists and which will cause the Elk's severe financial harm if it is not dis-annexed. We will respectfully contend that it is just and epic able to approve the dis-annexation to relieve the Elk's of these additional taxes and fees that it was never intended to incur, especially given the fact that the purpose for the annexation no longer exists. So we would respectfully request you vote yes on our request for dis-annexation and we can answer any questions that you have.
Mr. Brandgard: We've had a lot of discussions over this. Several times you've talked about the Elk's does not require Town water and sewer that has nothing to do with annexation. Because we allow areas to have it without annexation on normal circumstances we go out and that is not an issue on whether it is annexed or not. We've had a lot of comment on it, you've brought in a lot of material that you have referenced, this one I would like to have an opportunity to go through the material. You made a good case, but as we've said before and it is my feeling and the Elk's has an opportunity to fix the problem without being dis-annexed. With that said, we need to take a good look at this and see if it makes sense, the problem is, one has to be careful that this doesn't open the door to just anybody who makes a bad decision to come in and say I made a bad decision get me out of it. So that is from a Town Council position we have to weigh. Not only what is good for you, but what is good for the rest of the Town and how does that work in the overall context of things. To me it's not easy one way or the other and we have to make sure we have a chance to look at the detail you brought in and see what it says; it's different from what you have told us in the past.
Mr. McPhail: I'd like to ask Mr. Moore a couple of questions on his presentation. The last communication that we received which I believe was prior to our last Council meeting or Council meeting a month or so ago, was an indication that the Elk's Club no longer desire to agree that they should be a golf course for perpetuity. Did we not in all the meetings prior to the last written communication we had about that didn't the Elk's express to us as a Council that, that was their desire and now have they changed that position?
Mr. Moore: I will step back to what the discussion was about. The Town had submitted a proposal to the Elk's that had a number of conditions on it. Many of which were quite frankly objectionable. The Town was asking the Elk's to pay the Town's attorney fees; the Town was requesting a number of the things from the Elk's. What the Elk's said in response specifically to your question on the restrictive covenant was, as long as the Elk's owned the property they would agree it would be operated as a golf course.
Mr. McPhail: Prior to that communication they had told, I believe communicated to us in meetings that that condition did not exist, that they would zone the property and put a covenant on it in the manner that it could never be used for anything but a golf course. Is that not true?
Mr. Moore: I think there were a number of things that were discussed in settlement discussions, we've been meeting for over a year at various times and various proposals have been thrown back and forth. At one time the Town was going to rent part of the Clubhouse to cover these fees for the Elk's that was proposed. Those proposed that they would put a covenant on the ground. All that went back and forth and yes, I will agree with you that had been discussed at one time. The challenge with that is when you look at putting a covenant there and putting in place something forever. We do not know what this Council, what the Town will look like in fifty years and a hundred years, we don't know what the need for that property will be in fifty or a hundred years and don't know if the Elk's will be there in fifty or a hundred years so it didn't seem to make sense to place that sort of restriction on the property but the Elk's agreed that they would operate it as a golf course as long as they owned it, but my understanding is those negotiations were rejected by the Town and that is why we are here tonight to seek the dis-annexation.
Mr. Brandgard: If I may enter one opinion relative to this question we were just talking about. When the Elk's was annexed and the golf course were annexed into the Town, one of the requirements the Elk's had is that we create a golf course district and put that into it to keep it from being changed, from the attempt of being changed to something else like housing.
Mr. Moore: It had to be zoned for something to come into the Town. The Town did not have a zoning that fit the golf course, we couldn't make it park land because of the restrictions that are contained in that part of the Plainfield zoning ordinance. So in order for it to come in, the reason wasn't for it maintain a golf course forever, the reason was the Town didn't have zoning classification for it and that I drafted the zoning ordinance that was then submitted and then approved and revised and changed and that is how we came to have a golf course zoning ordinance, it was out of necessity because the Town did not have a zoning classification to fit the Elk's property. There was no golf course designation only a park designation and the park designation didn't allow many things that the golf course does.
Mr. Brandgard: A different look at that is, when we annexed something in the Town it can come in as farm land and then you decide where it is going to go from a zoning classification. This was the case as we had to create the zoning classification before the Elk's would approve the annexation.
Mr. Moore: That might have been a chicken and egg thing.
Mr. McPhail: Just a couple of comments, and the reason I asked that question on two different occasions prior to this annexation I was approached by representatives of the Elk's Club asking the Town to purchase the golf course because they were in financial difficulty and in both instances the issue of the value certainly was different and I just want to make it clear that every response from this Council has been in request from the Elk's and not requests from this Council to engage in these deliberations. The annexation of the golf course with the development that was being marketed as a recreational golf course community, certainly predicated that we wanted that to be all within a Town because we would not have jurisdiction over a development. I just have to make the record clear that each time we have responded in request from the Elk's to respond to their financial needs and you are here again with the same situation, financial situation and it's a concern to me as an Elk's member and a Council member of what the future lies for this organization and their assets.
Mr. Moore: They have two very different paths whether they are in the Town or out of the Town. One they are viable and one they are not.
Mr. Kirchoff: I guess my question is procedural as you Robin or Mel. What can we do at this point and time, I mean to we have to make a formal motion to take it under advisement or can we just say we will consider this at a future meeting, what should we do for the procedure standpoint?
Mr. Daniel: Procedurally I can't tell you what to do, you have the option of deciding something tonight or you have the option of taking this under advisement and taking a look at the materials that John has provided you and decide what is the best course for the Town to do and make a decision. The decision needs to be made in a public meeting.
Mr. Kirchoff: But with the data he's given us does it take a motion or can we just have consent to consider this and come back at a later date?
Mr. Daniel: I think if you are going to take it under advisement you'll probably want a motion on that. If you are going to make that motion I don't want anybody else...I have a couple of questions I'd like to ask if I could.
Mr. Kirchoff: Ok.
Mr. Daniel: Mr. Moore, you mentioned a memorandum of understanding dated July 9, 2007. Is that a binding agreement between the Town and the Elk's?
Mr. Moore: Binding agreement, what do you mean by a binding agreement?
Mr. Daniel: Contract?
Mr. Moore: Yes sir.
Mr. Daniel: Did the Town perform every obligation under that contract?
Mr. Moore: I'd have to look at it, let me answer your question, I have no knowledge of the Town not performing, and I will say that. But I haven't looked at it close enough in three years.
Mr. Daniel: When Centex apparently indicated to Bay Development they weren't going to go forward with the agreement, did the Elk's pursue Bay Development on breach of their contract?
Mr. Moore: Yes sir.
Mr. Daniel: Did you file a lawsuit or what did you do?
Mr. Moore: I never filed a lawsuit because Bay Development has zero assets. I couldn't justify the expense.
Mr. Daniel: Did they provide you statements under oath?
Mr. Moore: Yes they did.
Mr. Daniel: I think Bruce and Marcia Sklare had guarantees from the Bay Development project is that correct?
Mr. Moore: Yes sir.
Mr. Daniel: Did the Elk's pursue them on that guarantee?
Mr. Moore: Yes sir.
Mr. Daniel: Did the Elk's accomplish anything with that?
Mr. Moore: The Elk's did accomplish a confidential settlement with them once again it's going to be based on the likelihood or lack there of, of collection.
Mr. Daniel: We are doing public business here Mr. Moore so I think to the extent that your asking for dis-annexation, I think the Council would be entitled to see if there are financial terms involved in that wouldn't you agree?
Mr. Moore: I'm not at liberty to disclose that, but I will tell you this it is less than $50,000.00.
Mr. Daniel: But there was some financial.
Mr. Moore: There was and it was less than that number.
Mr. Daniel: Do you think the filing of the dis-annexation petition breaches the memorandum of understanding of the Town?
Mr. Moore: I do not.
Mr. Daniel: That is all I have to ask.
Mr. Brandgard: Does anyone else have any questions or comments?
Mr. Kirchoff: If are none, I would move that we take this under advisement and do I need to suggest a date?
Mr. Daniel: I think that would be appropriate so that Mr. Moore will be available for the meeting.
Mr. Kirchoff: What about the first meeting in September? Do we need a month or will two weeks be enough?
Mr. Daniel: I'm not going to be here for that meeting.
Mr. Moore: I think you will find once you look through the materials they are thicker to get through.
Mr. Daniel: I think probably two weeks.
Mr. Kirchoff: I would move that we take the dis-annexation petition from the Plainfield Elk's Club under advisement and that we will be prepared to make a decision at the next Council Meeting which should be August the 23rd, two weeks from tonight.
Mr. Brandgard: Do we have a second?
Ms. Whicker: Second.
Mr. Brandgard: We have a motion is second to take the Plainfield Elk's request for dis-annexation under advisement and in turn at our next meeting the 23rd of August to be prepared to make a decision. If there is no further discussion all those in favor signify by aye, opposed, motion carried. Thank you.
Mr. Moore: Thank you very much. See you in two weeks.
Mr. Brandgard: Let's take a five minute recess.
BUSINESS FROM THE FLOOR
Mr. Brandgard: The Town Council meeting is now in session. Do we have any business from the floor this evening? If you would, come forward and state your name and address please.
Ms. Hayes: Mrs. Hayes, 649 Kentucky Avenue. I'd like to have just a couple of minutes really of the entire Council's attention. I have talked with Tim as you know. When I first came here I was really bothered by six or seven inches of water standing under my house due to a drainage problem. That is now all gone it has dried out. However, I am told by legal counsel that it doesn't matter how much money I put into that house my problem is drainage. I was told before I came to the Council by people here in the community that the Town has helped other people who have had drainage problems so that is why I showed up in the first place. No to bring you up to present, I have talked to Tim and I am told that it really isn't the responsibility of the Town of Plainfield because they didn't cause it, but neither did I, and so the other people who were helped also didn't cause it, it just exists. My neighbor is here today with me she is my neighbor to the south, Sue Humphrey and it is onto her property that mine water as well as my back neighbors water flows and they actually has a flow that goes past their fence, their driveway, you name it. One of the problems that I have is this back neighbor who has put two rows of wood all the way across my back line. Now we are not sure exactly sure where that easement ends but that is beside the point, I understand I have a right to that easement as much as he does and he also is in my backyard quite a bit and I'm not going to mention his name but I will tell you why. He is in my yard sometimes; he even mows one section of grass on the other side of his boards and I don't want him over there. So I called an officer who came to the house and noted not only as there were tubes coming from his property onto mine. That probably comes from the sump; there is another one, now what else is he draining onto my property? These boards have stopped drainage from going in that direction. Now when Patty came to look at it, it is the first thing she said, “Awe that is a no-no. So I am asking number one, I'm only asking two things tonight, one is tell me who to tell that persons name and address too so they can write him a letter and merely advising him that it is a no- no. Let him see what he does about it, ok. The second thing is that when we noticed it was there, he said well it looks to me like the Town of Plainfield could trench out something down to Dallas Street because you see it the problem begins on the south end of my property and then to the east and just down past their property. It is not that much of a distance. When he made that comment, he said it looks like they could do that and so that is what I am asking for. I mean if there is some piping or something that needs to go in we will talk about it and we will do it. We need that equipment because there are tree roots underneath and I cannot afford to pay the people that he has recommended, he has recommended four contractors and plus they are the guys that do your big jobs, why would they want my little job. Anyway, that is all I have to say.
Mr. Brandgard: Thank you. Tim, Jason, do you know what Patty is talking about?
Mr. Belcher: After the last meeting I did some more research on this because Mrs. Hayes asked me to look at what the plats might say and we actually had those little plats from that neighborhood in our records here so I was able to examine those and the recorded plats for the neighborhood did find out that on both sides of the back of Mrs. Hayes' lot and her lot of her neighbor to the east, there is a six foot drainage and utilities on each slot are twelve foot tall. It does appear to me that the neighbor to the east has used up his six foot by putting in a landscape area and that could be in violation of the easement but as I've learned sort of watching Mel do his work, you have to read what the plat says and it says nothing about what that easement can be used for. It has no text at all on the plat about being dedicated to the Town, there is nothing about drainage or utility in the description, which our current plats or modern plats say you cannot do this, you cannot do that with this easement. There is nothing like that on this plat. Again, that is a 1950's era plat so there is some problems with that in terms of us becoming engaged with another land owner saying you must do this, you must do that. We have to have the authority to do it. I could not find that connection to do that and then the next problem, we do help people with drainage and most of the time when the Town gets involved and probably all of the time it involves a large area of multiple land owners and it is very difficult obviously for the Town to do projects and we can't really do for one person. Certainly we can't help somebody with a crawl space that's under their property. So those are really the issues we've been struggling with here. There certainly is a drainage pipe on Dallas Drive and that is what I attempted to do is try to guide Mrs. Hayes towards some local contractors who could hopefully give her a price that would be reasonable and do a good job. Again, I'm not saying she can afford it, I just said that is how we know a problem can be solved there if a pipe would run from that Dallas Drive storm sewer which is a public storm sewer to her backyard or to her crawl space or whatever she would like to do. So it could be solved by some kind of piping but again the involvement of Town is really difficult here for me to come to you and recommend like other areas of town where it might have multiple homeowners involved and multiple flooding with multiple properties it is very difficult when it appears to just be one. The good news is there are some easements of some type there and not being an attorney I don't know how far you go other than what I read and see and I don't see anything in the plats saying that even we could use necessarily for drainage. The intent is there and one neighbor has done something to get into that drainage area, I don't think it necessarily if that were gone today would solve Mrs. Hayes' problem if that gentlemen or lady pushed that out six feet of that easement. The water really is stopped from going south across her neighbor to the south and not from anything the neighbor has done it is just over time yards tend to raise and trees get bigger and the roots come up and natural occurrences' do cause drains to be blocked sometimes. That is what appears to have happened and I think that is what Patty tried to communicate and Jason and I all have tried to communicate with Mrs. Hayes but it is a difficult not clear kind of a situation like we have many times. There is a problem but again how the Town gets involved in that is the problem I am having right now.
Ms. Hayes: The point is the easement also doesn't say that you can block somebody's drainage and in this picture it goes around his two boards here go around the corner and when we had the severe river out there which Tim knows about, it would go around the corner of these boards on his place sort of a diagonal. It would go around there if it weren't blocked. I'm sure of that, I have watched it. I know he wrote to me that the easement doesn't say what can be done with it but the point is I'm sure logic would tell us that you cannot block somebody else's drainage causing their water to backup.
Mr. Brandgard: We have run into this several times, especially with swales, where people have put planting beds and stuff in the swales which change what a swale is designed to do and it create problems for other people and it is one of those things that I am not sure we are capable of policing that end of it. But I would like to is Mel could you take a look at that?
Mr. Daniel: I will, I take a look with Tim at the plant.
Mr. Brandgard: One of the things I'm…
Ms. Hayes: All I am asking for is a piece of equipment to come out there for 20 minutes drench something down to Dallas and go bye-bye. She will be delighted too.
Mr. Brandgard: I know we are very careful when we approve buildings and plats to make sure you're not putting your water over on somebody else.
Ms. Hayes: Oh no, this would be on my property.
Mr. Brandgard: I'm talking here please, not directly at your situation. But we are very careful that we make sure we don't have somebody directing their water run off onto someone else's property. I don't know this may be a case of where you have that and I don't know how you handle that when you have it that is something we have not ran into too much.
Mr. Daniel: I will take a look at it and get with Tim.
Mr. Kirchoff: Have you talked to the neighbor that built the fence?
Ms. Hayes: No, it's not a fence; it is just, I'll be glad to give you pictures.
Mr. Kirchoff: No, the neighbor behind you? Have you talked to him about it?
Ms. Hayes: I wrote a note and asked him and told him about it, just a little note, they didn't come to the door, I actually was going to go over and visit with them and also to stay out of my backyard but he doesn't.
Mr. Brandgard: I guess and the other thing is I guess if there is a twelve foot easement or right of way what is it and whose easement is it? I guess I'm saying if it is the Town's easement we have some authority.
Mr. Daniel: We will take a look at it.
Mr. Brandgard: We will take a look at that from a…
Ms. Hayes: I do want to make it clear that we are talking about this trench going right along their fence. So it wouldn't be a hazard to anybody or anything from my south property into my lot past their fence.
Mr. Brandgard: Ok.
Mr. McPhail: One property between your property and Dallas Drive.
Mr. Gaddie: You know we run into this problem what they did forty or fifty years ago, we made sure we don't do that now but still there are things you know that we've done to correct what the Town did then forty or fifty years ago. And now there is a lot of areas that the road goes like this and who ever lived down below is going to get the water. You don't see that anymore but we are stuck with that problem and we can solve it.
Mr. Brandgard: Exactly. We need to figure out a way if there is some way that it is solve able I guess.
Mr. Belcher: The problem is certainly solvable and we can come up with a solution and it really comes down to the issues we struggle with as a staff a lot of times in terms of helping individual people, one individual is not our role, it is to look out for the entire community. So that is where we are really struggling and any help we can get, the legal issues are obviously are very important too.
Mr. Daniel: Secondly, the Town has to have a legal authority to go in there and…
Mr. Brandgard: Yes, that is the other part of it. Thank you. Is there any other business from the floor? I will go to Town Manager's report.
TOWN MANAGER'S REPORT
Mr. Carlucci: Thank you Mr. President, I don't have an officially report. I do want to say something, I was out and about last Saturday morning and I think what I call that is what they call around the country at Chamber of Commerce day because the start of the day, there was a triathlon that the Rec Center was promoting and people go out on the trails the high school football team was having inner squad scrimmage, everywhere I looked there were people on the trails everywhere. In the morning there were hundreds of seems like junior cheerleaders over by the fountain in Friendship Gardens park taking pictures, Splash Island was completely full, they also had a buy out that evening and the gymnasium had a buy out later than that. So they have been busy. So it is just really good seeing everybody out there. I feel pretty good about that when you see people out enjoying themselves beautiful whether. We are getting close to the end of the Splash Island is closed today and we have a few more good days out there at Splash Island, we can get over a hundred thousand people in that facility for the year. So I don't know if other people look at it that way or not but when I am out there and you see people recreating that is what you want them to do and I think it will be even better when 40 is done come November. But I just want to report just my observations out there just a sure number of people were everywhere. Thank you.
Mr. Brandgard: Thank you. I had noticed that in wanderings in Town also. Regards to the trail, we pushed the State hard to get cross walk signals in at several places along Main Street and 40 east. I see a lot of it being used. So I think pushing to get that done was a good thing to do because I see a lot of people actually using it to cross 40 instead of going to the middle of the blocks which is a whole lot safer. And I see a lot of people using the Metropolis trails.
Mr. Carlucci: I will tell you mid week last week I went out I think Thursday night, I went out for a bike ride and my wife declined to go, not for personal reasons she just had other things to do. But I went to the new Shady Lanes south and went out to 40 and hit that button and it turned green. It gives you 20 seconds to get across, which is really plenty enough time. But that is one of the signals that had the actuator on it. There will be one at Carr Road and 40 at some point.
Mr. Brandgard: Anything else?
Mr. Carlucci: That is all I have.
STAFF REPORTS
Mr. Brandgard: We will go to staff reports. Bill Castetter, anything from IT? Jason, report from Public Works? Clay, parks?
Mr. Chafin: Good evening. In the packet of information I sent you, there was a membership request that has been made to us by Rolls Royce. Over the last year or so we have been partnering with them to do some different things where they run some adult basketball leagues over at the Recreation Center and it's gone very well. They've wanted to expand upon that and have approached us to do a membership program for their employees in the little synopsis that I gave to you, it is a program that is similar to what we have done in the past it is just the initial discussions we are having right now but I wanted to present it to you now, answer any questions that you may have and then if you give me the consent to move forward once the agreement comes in we will give it to Mel to review and then we will implement it we will probably start it now to maybe January. They got two sets of operations I think here in town now and they have had this request I think from a handful of employees and I think it is a chance for us to partner with them and bring in additional members and residents that don't use the facility as much as they maybe could not have.
Mr. Brandgard: I would just like to make a comment to that. That after their basketball leagues I had several of the players or those who took part in the activity come up to me and let me know they were very impressed with the operation down there and they had certainly hoped they could come back this year. I think these kinds of programs are an enhancement to the center and also to the businesses to the community where we can make it work.
Mr. McPhail: You know if I understood your proposal correctly, that it is a financial imbalance program for us. Their fees will be equal to membership fee. They are basically just paying the membership fees that are already established.
Ms. Whicker: And to clarify for the employee only, not their family or their spouse.
Mr. Chafin: Right.
Mr. Kirchoff: And you are quoting that only if they were a resident, so we don't differentiate from a resident and a non resident?
Mr. Chafin: Not for this particular one, it kind of parallels with what we have done with Prime. But if you give me the consent and once and if their terminology's maybe a little different than ours and that it is not a membership it is a discount. We will let Mel take a look at that and make sure it is ok before we move forward with anything.
Mr. Brandgard: Consent?
Mr. Chafin: Thank you.
Mr. Brandgard: While you are there I will say the new fields look like they are coming along pretty good on the north end now that the States out of there with the bridge.
Mr. Chafin: Yes, they are starting to get all of the rocks picked up and top soil spread and irrigation down in the parking lots with some dry spins they are getting those dug out. We did hit a fairly large soft spot on the parking lot that we had to under dig and backhoe with a bunch of flat stone. But we are hoping that will balance out with some of the other quantities that we've reduced in certain areas for the project as a whole, but yes, it is moving right along, the building that you see on the north end that two story square tower that is in between the two football fields it is framed up and ready for interior finishes to be over here in the next few weeks. We will get grass on it and we've got the irrigation system to go in and the grass will be toward the end of this month we hope and we will hit the peak growing season for the fall. We should be playing soccer there October-ish, they want to do the soccer tournaments out there this fall in October.
Mr. Kirchoff: I have two questions since you are at the podium. I remember you typically asked for a fall work session, have you picked a date?
Mr. Chafin: We have not. What we were thinking about doing is looking for a couple of dates out there and maybe sometime in October or November that we would look at addressing operations and fees for next year.
Mr. Kirchoff: The other question which would be for preliminary information for something I am going to bring up later. I've not been out there much this summer and I don't get down on the wing, I'm going to call it the restroom side when you come in and I'm walking around to the locker room as you've got those small rooms. What are we using those for now?
Mr. Chafin: The 121 and 122 are yoga, Pilates; we've had tumbling classes in there, dance classes in there. And that room is packed on Tuesdays and Thursdays or Monday and Wednesday, for the Silver Sneakers Aerobic Program that class is held in there. The martial arts class also is held in that room where we put the multi use floor down last year. Then 120 is for a smaller room in the corner and it is used for more meeting space but the 121 and 122 with the multi surface floor and the mirrors on each end is programming.
Mr. Kirchoff: So do you have any room down there that is not used pretty consistently?
Mr. Chafin: You know the media center I would have said yes up until this year with summer camp the media center it has been summer camp central so it's been used everyday all day during the summer. We are pretty much maximizing our space right now.
Mr. Kirchoff: Thanks for the information.
Mr. Chafin: Anything else? Thank you.
Mr. Brandgard: Lois, anything from utility billing? You don't have anything? Chief Anderson, anything from the Fire Department? Chief Mitny, anything for the Police Department? Ron, do you have anything from Human Resources?
Mr. Lydick: Thank you Mr. President and members of the Town Council. As you know that our health insurance premiums have increased considerably this year for dependant coverage. There is a program out there that can help the employees a little bit with their medical expenses it is referred to as the flexible spending account. We currently have a program where the premiums for our health insurance are tax free that is tax free of the Medicare taxes, FICA taxes, Federal income taxes, State Income taxes, and County income taxes, and depending on which tax bracket you are in, it can range from 25-40 percent savings. Well with the flexible spending account, you can also set aside money tax free for different items and some of the items are your deductibles, your co-pays, and for prescriptions and office visits. But there is also a dependent care for this flexible spending account. There is some savings to the Town. In the fact that the employee doesn't pay FICA, Medicare tax, the Town of Plainfield does not have to match that FICA or Medicare tax. Which that is not as big of a savings for (inaudible) because our Police and Fire make it up the majority of our employees, they don't pay FICA taxes anyhow. So since they don't pay FICA taxes we don't have to pay FICA taxes on them. But there is still to be some savings. But there will be some cost to the program. In other words, you have to have a claim document developed. You must also have a set up fee, and then there is a monthly fee and if the flexible spending account uses a debit card which is the most convenient method of doing it, the quote we have is $7.00 per month per employee that participates in this. So I feel that the cost of this program would not be excessive and the benefit the employees would receive would be very good for them. So I would like to have the Council's consent to go ahead and pursue and developing a flexible spending account with the idea that we would have that in place by January 1st.
Mr. Kirchoff: I knew we had that FSA but I didn't know that it was restricted as it was, I assumed it was… I didn't realize that.
Ms. Whicker: Are the employees able to use that for child care as well?
Mr. Lydick: Yes, up to $5,000.00.
Ms. Whicker: Is that true though that if they allocate those funds with the FSA and they don't use them, they do not get it back?
Mr. Lydick: That is true. There would be an education process we need to make sure that our employees are especially the first year are very conservative in their estimates as to how their expenses are and of course the child care expenses is pretty easy to determine how much of that you need because you just take out your vacation times and things like this. But for medical expenses obviously we don't know how much medical bills you are going to have. But if a person is on maintenance drugs they can figure out what their co-pay is will be for a year and if they have a lab done several times during the year that is probably going to be their deductible and so some people only have 3 or 4 hundred dollars in a flexible spending account, where as others may have as much as $2,500.00 in flexible account.
Ms. Whicker: If we have the clinic coming on board and prescription drugs, lab work or some of those costs might eventually become free to them I think we would not want to have employees maybe mis-determine the amount and then or not take advantage of the free clinic because they don't want to lose those dollars. I mean if they were happening at the same time that can be tricky, because hopefully we want them to go to the free services when available.
Mr. Lydick: That is a good point. So that would be why the educational personnel of that program would be very important and to council them as to how much they really should set aside and because our health plan has zero deductible. So about the only thing they will would be co-pays for their prescriptions and then the other plan has a $250.00 deductible and (inaudible) both plans have a $1,500.00 office visits so if you plan on going to the doctor once a year you have $15.00 coming out. It's an educational process to get the employees to set apart. I am sure that those of you are familiar with flexible spending accounts, there is also one drawback for the Town and that is if I decide to put a $1,000.00 in my flexible spending account and I had surgery on January 7th, the Town has to fund that surgery and then I actually pay that money back throughout the year. That does not apply to the dependant child care; the Town does not have to pay an advance on that.
Mr. McPhail: My comment is that we have to bring in the cost of medical care. We may look at every tool in the toolbox.
Mr. Brandgard: Not only for the Town but for the employees.
Mr. McPhail: I mean it is just a double digit increases every year and that is just going to continue down that path and we have to figure out some way to try to weigh in those costs. We have a tool out there but we don't have it in our toolbox, I think we need to look at it.
Ms. Whicker: In feeling I thought if the funding in your own account the flexible spending account, then it could not be used.
Mr. Lydick: The dependant care that is true. But for medical bills the Town has to go ahead and pre fund this. Then also of course if that person over estimates their expenses and don't spend their money then what happens to that money it can be used to pay for, for example if an employee leaves and has the medical bill and then leaves the Town of Plainfield and we pre funded some of it, then the plan has lost that money. Well then if anybody else does not spend their money then that can be used to offset the Town get paid and (inaudible) obligation.
Mr. Kirchoff: So if the employee over estimates or overdraws, that money goes where?
Mr. Lydick: Well they can't overdraw their maximum it is just overdraw by…
Mr. Kirchoff: If they put too much in their FSA and they don't use it, where does it go?
Mr. Lydick: It can go to one of two places, it can go to the plan to pay administrative expenses, it can be used to pay that $7.00 a month or it can revert back to the employer. Most generally I think it is used to offset the expenses of the plan like the $7.00 a month fee.
Mr. Kirchoff: I say give it a shot.
Mr. Lydick: Thank you very much.
Mr. Kirchoff: Don't run away. You had in your report you are continuing efforts on the health clinic and method of my madness of asking earlier, psychologically it seemed to make sense to me if we have to go and do our own site. Just psychologically if they drove to the Rec Center which is an exercise facility we have any square footage out there at all that might be considered for it? See where I am coming from? That might be the first time some people graced the doors of that facility.
Mr. Lydick: Right. And then if the condition also recommends exercise then they are probably going to for…
Mr. Kirchoff: I happened to mention that to Kent today in a conversation that after reading your report, where would a logical place to do that then psychologically there.
Mr. Brandgard: A lot of us are thinking that way. But it is contingent on having the room to do it.
Mr. Kirchoff: What was your estimate?
Mr. McPhail: Ron told me 800 square feet, because we had a conversation…
Mr. Lydick: They recommended minimum be 800 feet, and maximum 1,000 square feet. You need kind of a waiting area, an office area type situation one exam room and a restroom.
Ms. Whicker: You think about them having a different entrance or you have people that are really sick and then you send them to a public place that you try to sanitize and keep clean.
Mr. Kirchoff: I haven't thought about that side.
Mr. Lydick: There are also certain entrances that they could use out there too that are not normally used.
Ms. Whicker: Right.
Mr. Kirchoff: What is your best guess if we are going to be successful on the original plan?
Mr. Lydick: Well it is pretty definite in my mind right now that we are dealing with the Insurance Trust we are not really dealing with the school corporation. This medical clinic belongs to the Insurance Trust the school corporation did remodel the kindergarten area in order to put in this. The Insurance Trust is reimbursing them for those costs. The Insurance Trust bought the equipment that goes into this clinic and the Insurance Trust pays Novia for the management fees and so it is really only an Insurance Trust clinic, operated within the walls of the middle school.
Mr. Kirchoff: So you are saying it is more complicated for us?
Mr. Lydick: The relationship with the school corporation and the Town is much tighter than Insurance Trust in the Town is.
Ms. Whicker: Their next meeting is September 3rd.
Mr. Lydick: The President of the Board of the Insurance Trust seems to be receptive to the idea. He was also to get his legal counsel involved in this and he also believes that the full Board should meet and vote on this and the next board meeting is September 3rd.
Ms. Whicker: Are we allowed to have a representative present?
Mr. Lydick: I hadn't asked.
Mr. Kirchoff: Are we on the agenda?
Mr. Lydick: I don't know if the Insurance Board meetings are a public meeting.
Mr. Kirchoff: No, I'm saying are we on their agenda?
Mr. Lydick: Yes, the President is going to present it at that September 3rd meeting.
Mr. Brandgard: I would suggest as a fall back once you work with Jason, Clay, and Tim to see if there is someplace within the Town we could create this facility on Town property as a fall back to the duel pad. I think it is important that we get this going and I don't know I want to make sure we have an option here. We need to get this going and it is important to the employees and it is important to the Town and if we have to set something up ourselves we need to have a plan to do it.
Mr. Lydick: I think with dealing with the Insurance Trust we will be basically what they want and we will probably not have too much to negotiate. Now I was even trying to figure out what hours we'll be available has not been an easy process to get accomplished. Thank you.
Mr. Brandgard: Thank you. Joe, do you have anything from planning?
Mr. James: Good evening. I didn't have a report for you this week, I was on vacation most of last week but I would like to give you an update on a couple of things that happened this last week. Last Tuesday night we had a court hearing for a couple of properties that was 410 Park Street, and 435 Harland Street. The Harland Street property has been a thorn in our side for a couple of years now. We will probably get a court order to give them so many days to get these properties cleaned up and if they don't clean them up within thirty days we will have to go in and clean them up ourselves and put tax liens on the properties and then to give you an update on the diner. I got a proposal back from Ratio Architects and they said they would do the study for us for about $1,000.00; good news is I met with the Hendricks County Convention and Visitors Bureau today and they said that the study would fit their criteria for one of their grants and that they could pay for half of that fee. So I will have a report for you in two weeks on a new proposal and may ask for a motion then.
Mr. Brandgard: Just to bring up to date, I was in a meeting sitting next to the Energy folks and I asked the question, “Do you think the diner moving it and such would fit within their foundation guidelines and rules. They are checking so that might be an opportunity to put a grant request in also.
Mr. James: I will certainly look at every avenue for funding for that.
Mr. Brandgard: Thank you. Tim, do you have anything from engineering?
Mr. Belcher: Two things, both of them are sort of old business items but the landfill, we've been working on a guaranteed performance contract with Bowen on that and we are sort of at a critical stage here where I'd like to gage some more serious negotiations with them and have an initial proposal back from them for a price that is out of our budget and we would like to get that back down which is pretty much if you remember how the building went. We sat down with this method, you sit down with a contract you sort of describe the scope of the project to them. They listen to you and they write down what they think you want and they come back and give you a price for that in writing of what it is and then I think we were out of budget on the building so Jason and I then sat down with them again and we worked on different things and they came up with different ideas to save money, so did we and we came back and we got it in the budget. So that is really where we are at here. We have a price that they came up with based again on them taking all of the risk for what they are going to find out there, how far they have to go to get it the proper soil, materials, and that sort of thing. Things like repairing Vestal Road, if it were to be destroyed during construction, all that is on this number. So we have to work on that number between now and the next Council meeting. I hope to bring you a recommended contract on that at that time that is within our budget and I think last time we did this it was certainly with a larger project at the north plant. We had a couple Council members involved and I asked Bill today if he would be willing to be that Council member on this particular project. It will take us a minute to spin this project and he was I won't put words in his mouth. I will let him if he is willing still. If I could use his assistance during this next two week period and I think we could come back to you with a real good recommendation hopefully at the next meeting on it.
Mr. Brandgard: If Bill wants to take that on, if not, I am probably available also.
Mr. Belcher: We can have two, which is not a problem with me either. Glad to have you both if you want to be involved that would be excellent. I will just get the proposal out to go through and I think it will be a couple of meetings and in the next two weeks at the most I hope that we will have to have that to get to where we need to be. Thank you very much for that and I will get working on that. The second item involves an area just north of 40, the new construction project downtown here. We talked about trying to fast track a drainage project. It started out with Mr. Pugh came in and was on Eastern, or he owns property on Eastern and probably a half a dozen homes that face Eastern Avenue that literally have water six inches deep, they were like islands the entire property was an island. At the time a couple of flooding events we had and we were going to try and fast track that project and get it done at the same time US 40 was getting done this fall and hopefully so we didn't have it torn up in the front and torn up in the back at the same time period. Well as we started looking into that we got the survey going and we got studying the neighborhood a little bit closer, we found some really issues with the pedestrian movement. There are sidewalks in that neighborhood that I never knew existed until I started looking really hard at them. I mean they are literally because there are steps in them, I mean they are back in the 40's and 50's so we can't have steps and stuff like that now-a-days. So there are a lot of issues with pedestrian movement. That is sort of the one issue here that is a bigger problem than I imagined and again, one thing I know and I always went about this in formal Councils is that when we go into an area you want to go in once and get it done and come back out and be done and I think without taking more time, we may make mistakes or we need to do what we need to do to take the proper time to do it right. The second more positive thing that came up since the last meeting or since last time I talked about this is, in a conversation with a State Revolving Loan Fund folks about a week ago really on the landfill but after we were done with that discussion we started talking about what we turned the Buchannan Street project. When we submitted what they call a preliminary engineering back in I think it was back in '08. We included US 40 and Buchannan Street as one submittal. They've got a lot of stimulus money coming and they were calling for projects that we threw, everything that we had on the books at the time, we knew what we were going to do. That project got pushed to the side at that time because others mistakes are in a higher priority while during this conversation a week ago they said “oh by the way, are you ready to do Buchannan Street?” And we said we are more than ready, we are done with Buchannan Street. We are not done with 40 yet, it's about ½ done. But we said what is the chance of us including work going north of 40 tying onto the same line that is in US 40 and again they said well sort of so if we can use the same line that is in US 40 and again they said maybe but if we can accomplish that that is an extension of the same project the Town could be open and I guess two or three percent money could be available to the Town again on a project which we again have been very successful at the north plant and we have zero percent on the landfill. So again for those two reasons again, look at that neighborhood a little harder, we might want to expand the project and complete everything that we need to do in that area which may make it fit a half million dollar project to maybe a 2 ½ hour project, that kind of change in scope. But obviously all of the financials can be worked out but with this opportunity I think I would like to at least get your thoughts on taking a little bit more time on this project and I had presented it to you before about moving and it quickly getting it done this year. I think it would be very wise too take advantage and look at the area for a more realistically and then try to pursue the low interest dollars which could be available to the Town. It just means the folks up there will have to put up with a mess maybe next year sometime as opposed to right now when we are already seeing it. The long term I think will be the better solution.
Mr. Brandgard: I think as you said, I for one like to get in and get out and walk away from the area with it being finished so you don't have to keep going back and casing it and you don't ever get it done and everybody is upset forever. So I know the frustration and if we let them know we are looking at it as a total fix for the area up there they probably appreciate that. I would.
Mr. Belcher: One other thing we thought we would try again this would be something to come back before this Council before it ever got finalized but we might be able to do a short extension just to deal with the Eastern problem. A few hundred feet off of US 40 project. You already have a stud going to the north side so if we could convince the State Highway to allow us to extend that in there, it would be a really low cost compared to this overall project and deal with the biggest problem and at least get some relief in there and by that time we can explain the area of what we are doing. That was a short term solution and we will come back in eight months to start the bigger project. Hopefully that is what we would like to do again, something that you would like to do. That would be a real good way to solve the bigger problem first and then they will look realistically at the sidewalks and everything in that area as we go into it.
Mr. Brandgard: I think consent to move forward with that plan.
Mr. Belcher: That is what we will do. Thank you.
Mr. McPhail: Tim, I have a quick question. Can you refresh my memory on where we are at, is the Dillon Halesite project is that tied in with the landfill project. And how are we moving forward on that?
Mr. Belcher: Yes, we have the agreement to purchase with the property owner and the Town agreement on that and we essentially started to go to go to closing and found out the title company wouldn't close with the legal description that we had was not strong enough so we essentially had to start the boundary survey first and Banning Engineering is doing that in this wonderful weather we are having over the last couple of weeks out there traipsing around in 100 degree temperatures. They are getting it done, they are finding some serious problems with how the creek moves and legal descriptions don't get written properly but they are going to make it work and have that legal back to us soon and then go to the title company, get insurance, and get the closing to take place. So I hope before the end of the month we will get to the closing.
Mr. Daniel: That is the only thing left.
Mr. Belcher: The owner agreed to pay for the increased costs to do that now too. With the hotter weather and the taller growth and things so the Town is still paying for the leaf fall conditions in the fall but that is good to go ahead and move forward.
Mr. Kirchoff: Tim, it's been a while since you have given us a report on the water tower. Kept waiting to get the call to go see that get raised.
Mr. Belcher: Yes, it's been, nothing has been happening literally because the company we are working with has a certain number of pancreas and they told us this a couple of months ago, they said they don't like to subcontract the painting because it is such a critical element and we want that right and we never mess that part up. So I appreciated that but the bottom line was they wouldn't be back until August to actually start by the time they go their crews in. But they essentially got the tank done with the exception of painting it and then raising it, putting the top on it and painting that, so essentially they haven't done nothing for two months and we are going to have our first progress meeting next Monday that will sort of kick off now and get it back in and it will start moving again. I would hope they would be raising it in a month or so.
Mr. Kirchoff: Do they have a projected completion date part of the contract?
Mr. Belcher: Yes, the completion date is still a requirement and it is still the end of the year so that hasn't changed. It's just that they progress quite quickly through the first phases and then again they knew they could have this time and the completion date is not moving and they said we understand that so that will be done the same time commitment to be done.
Mr. Kirchoff: I'm looking forward to that day.
Mr. Belcher: I am too. I'm anxious to see that go up. Thank you.
Mr. Brandgard: Thank you. Don, is there anything from Transportation?
Mr. McGillem: As you see the guys on the StreetScape I think keep that very hard. They are very close to having all of the underground storm drainage done and the downtown area from the bridge to the Avon Avenue. They are currently back to picking up a few drainage downspouts and things that have been uncovered and tying them into the new storm system. They will probably be starting very soon in the downtown area on the stone going down, curbs going down and then paving as you have seen on the north side. We did get through Avon Avenue with the sanitary storm sewer, the sanitary sewer without having to close Avon completely. They worked their self across flagging traffic, keeping traffic going in both directions. It was slow but they got across there in about a day in a half. We did uncover if you went down through there another tank in front of the old Village Pantry there. There were a couple tanks that came out of the ground at that location. I think they ran out of room at the Shouse landfill when they was building 40 and we got everything that didn't get thrown in the landfill under the pavement down through there. We got one critical area that so far I think we are pretty close through, we thought we might get a tank or two in front of Sal's which was a service station at one time and now we are pretty far past there so we may have uncovered all of the tanks that are out there. I think the only other thing, the other projects are moving. The one thing that is being kicked around right now is we are getting very close to putting the final surface down on Perry Road. They are kicking around doing that at night when they pave that during off peak with the weather and the heat that we have been having and so forth and I also think that that allows them they are running pretty much free throttle and past right now on the asphalt. So that will also allow them to do that paving during that off peak of asphalt plans so that could be happening here within next week or so.
Mr. Brandgard: It did look like they milled it all.
Mr. McGillem: It is all milled at this point and time. The patching is all in on the old pavement and some of the patching we've used a new Geo Grid glass pack that sort of goes over the cracks, similar to what you might do on a drywall project. It goes down on the pavement and then paved over. We are trying that, we have identified the spots there and going to keep track of that and see how that works out for us. All the milling is done and they have a little bit of concrete work yet to do and as soon as they get it done they will be pretty much ready to do the final surface.
Mr. Brandgard: Thank you.
Mr. Gaddie: I just have a couple questions. Up there on the east hill on the south side where they have put up some retaining walls, they are still some areas to be finished.
Mr. McGillem: There are still a few areas up there to be finished. We are not sure what we are looking at doing. There is one tree up there pretty close to the east end that the property owner wants to try to save it, we wanted to try to save it, it's a pretty much close up against it. I think they are going to do some flat stonework I guess those areas got a little bit of…
Mr. Gaddie: (inaudible)
Mr. McGillem: We also found there is an area on Charles Street just south of 40 on the southwest side. There has been some ponding that house there on the southwest corner where the sidewalk goes. There has been some ponding on that, water is settling in there and I think we are going to go back over there and I think we can raise that sidewalk a little bit and get that drainage going south the way it is should be in there. There are a couple of spots in there that we need to jump back on also.
OLD BUSINESS
Mr. Brandgard: Thank you. Did I miss anybody? If not, we will go to Old business.
Mr. McPhail: I got mine taken care of.
Ms. Whicker: I was happy to see that we have an ordinance on our agenda for addressing our staggering terms and I just wanted to ask, I think when we first talked about it there were multiple Council members that were willing to consider putting their district that they currently are in into the staggering terms where the next election they would have a term of three years instead of four. And I just wanted to ask the Council or see if anybody else would entertain a public random draw of just the Council members that would be willing to do that if there are just two I am fine with the way the ordinance is written but if there were more than two then maybe we could do a random public draw out of a hat or something if that is ok with the other Council members.
Mr. Brandgard: I asked Mel to go ahead and write it up because that seemed to be brought up more than anything else in our discussions. With the intent of bringing it to the Council and to then make a determination at this point I would want to do it. So that was the intent I wanted to get it before so we made a decision.
Ms. Whicker: We could go ahead with the first reading if we make those changes tonight so we are not by any shape or form delaying the fact that we did it in action.
Mr. Daniel: If we did something different then we can amend it then. We can do the first reading.
Ms. Whicker: Ok good.
Mr. McPhail: I know Rich sent us a list of districts and I don't remember what mine was.
Mr. Kirchoff: It's easy 1-2-3-4-5.
Mr. McPhail: Ok.
Mr. Gaddie: Really?
Mr. Brandgard: Really, it is.
Mr. Kirchoff: I just looked at the map before the meeting and I'm going 1-2-3-4-5.
Ms. Whicker: So you are three in a half?
Mr. McPhail: Yes.
Mr. Brandgard: I didn't realize that but yeah.
Mr. McPhail: It makes no difference to me.
Ms. Whicker: Is there anyone that would not want to consider having their district placed in for only the three year term?
Mr. Kirchoff: It's only a one time deal.
Mr. Brandgard: Yes, it is only the first time and after that it is four and it is on a staggered. My goal is just to get this out in front of us so we can get it rolling instead of keep talking about it and how we do it, it doesn't matter.
Ms. Whicker: Take five pieces of paper and put 1-5 and have someone from the public pull paper? Is that considered or how would we do that?
Mr. Daniel: If that is what Council wants to do.
Mr. Brandgard: We can do it anyway we want if we as a Council agree to just as it is written go two or four that is ok or if we want to add a random drawing we can do that. It is one of the things the statute…
Ms. Whicker: I'm for a random draw if you would…
Mr. Brandgard: It doesn't bother me any.
Ms. Whicker: I know rock paper scissors wouldn't be good. Do five numbers and somebody draw two?
Mr. McPhail: Suits me.
Ms. Whicker: Witness that all five are on here. They are not all 1-1-1-1-1. I will fold all of them equal. I don't mean to delay this.
Mr. Bennett: Number three.
Mr. Daniel: Alright, one more.
Mr. Bennett: Number two.
Ms. Whicker: Thank you.
Mr. Daniel: So we will amend that to two and four.
Mr. Brandgard: Ed, anything? Is there any new business?
NEW BUSINESS
Mr. Kirchoff: I have a few things. Number one, I know there was a time when we were having trouble with Mapquest sending people down Reeves Road with all the semi's when the school was being built. And yesterday I was approached by the person that lives in Harden Creekside Estates that says they are having the same problem on Stanley Road. So I don't know if anyone else has been hearing those comments or not.
Mr. Brandgard: Well I see it on Stafford Road all the time. You can tell when they are mis-directed because they drive very slow.
Mr. Kirchoff: Part of my question or part of his question to me and I couldn't respond, what kind of signage do we have when you get off onto 267 to tell them industrial park and high school and whatever?
Mr. McGillem: Very little, INDOT won't allow us to put anything up there. We (inaudible) in the median just south of Reeves Road to indicate the industrial back to the east, residential to the west and they was up two days and before INDOT spotted and informed us to get them down. So essentially we tried to put up added signage at the Reeves Road signal and INDOT said no.
Mr. Kirchoff: So our way finding signs wouldn't…?
Mr. Carlucci: We do have way finding signs on 267.
Mr. James: We had one just south of Reeves Road, but INDOT made ups move it. I finally got an easement from Opus north put it on their property off of the right of way, it would be south of Reeves Road. But it is going to be so far off the right of way, I don't know how much good it is going to be.
Mr. Kirchoff: Are you talking on 267?
Mr. James: Yes, on 267.
Mr. Kirchoff: I will pass that word on.
Mr. McGillem: We have even been hit with the fact that where we have our way finding signage off of the right of way behind the right of way that we should even be getting permits for that even if it is not inside the right of way. I have gotten approval from the traffic supervisor at Crawfordsville that is fine as far as he's concerned so they have not made us take those down through that area. I would take exception to them saying that we needed a permit if we hadn't agreed to the private property owners clearly behind the INDOT property owners where it was behind the INDOT right of way.
Mr. Kirchoff: Well you have given me enough information I can respond to the citizen of why we can't do that. Second thing I had is as I was reviewing the expenditures I see our annual contribution to the Plainfield Chamber and I do not recall the Council approving that. My memory isn't what it used to be and that is why I thought I just better double check.
Ms. Whicker: We were discussing it in budget.
Mr. Kirchoff: Don't we also have to approve it each year?
Mr. Carlucci: They may have sent a letter over; I think maybe it was in your documents about the request for the annual. Is that what brought this up?
Mr. Kirchoff: It is on the list. Not that I don't want to pay it, I thought we typically, formally approved that.
Mr. Brandgard: I know we do on the partnership, I don't recall on the… but I think we have in the past.
Mr. McPhail: I think we have in previous years.
Mr. Brandgard: I think we have in the past.
Mr. Kirchoff: I move that we approve the 2010 annual contribution $30,000.00 to the Plainfield Chamber of Commerce.
Ms. Whicker: Second.
Mr. Brandgard: We have a motion to second to approve our annual expenditure to the Plainfield Chamber of Commerce in the amount of $30,000.00 for the year 2010. If there is no further discussion all those in favor signify by saying aye, opposed, motion carried.
Mr. McPhail: Record show that I abstained.
Mr. Kirchoff: I was cleaning out, I'm sure you have wives to tell you to clean up stuff and so I was cleaning up files last week and I ran across my budget file for this past year and I was looking at the schedule and it says this week we're scheduled to submit the advertisement to the newspaper and I don't remember after our budget work sessions that we got any kind of a final number, have you given us that?
Mr. Bennett: We are finalizing that tomorrow.
Mr. Kirchoff: So we can see that before?
Mr. Bennett: There will be a second ad placed as well.
Mr. Kirchoff: That is all I had.
RESOLUTIONS
Mr. Brandgard: We have no resolutions.
ORDINANACES
Mr. Brandgard: We have the first reading of Ordinance No. 11-2010: Ordinance Prescribing the Length of Term for Members of the Plainfield Town Council as amended. To show awards two and three will be the short term for the next election.
Mr. Kirchoff: I move that we approve the first reading of Ordinance No. 11-2010.
Ms. Whicker: Second.
Mr. Brandgard: The motion is second to approve the first reading of Ordinance No. 11-2010: Ordinance Prescribing the Length of Term for Members of the Plainfield Town Council. If there is no further discussion roll call vote please.
First reading of Ordinance No. 11-2010 as amended is approved.
Mr. Brandgard: Thank you. Is there any other business to come before the Council?
PROCLAMATIONS
COUNCIL COMMENTS
ADJOURNMENT
Mr. Brandgard: If not, I will entertain a motion to sign documents requiring signature and adjourn.
Mr. McPhail: So move.
Ms. Whicker: Second.
Mr. Brandgard: All those in favor signify by aye, opposed, motion carried. Thank you.