TOWN OF PLAINFIELD TOWN COUNCIL. June 9, 2008

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1 TOWN OF PLAINFIELD TOWN COUNCIL June 9, 2008 The Plainfield Town Council met on Monday, June 9, In attendance were Mr. Gaddie, Mr. Brandgard, Mr. McPhail and Mr. Kirchoff. PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Approval of the minutes of the regular Town Council meeting of Thursday, May 29, Third readings and adoption of Ordinance No : Sugar Grove Senior Living PUD and Ordinance No : Kappel Rezoning to I-2 District. 3. Second readings of Ordinance No : CR200 South Annexation and Ordinance No : Wamsley North Annexation. 4. Approval of the Parks and Recreation Director s and Utility Billing Director s Reports dated June 6, 2008, Transportation Director, Town Engineer and IT Director s Reports dated June 7, 2008 and the Human Resources Director s Report dated June 9, Approval of the April 2008 monthly report for the Plainfield Fire Department and May 2008 monthly report for the Plainfield Police Department. 6. Approval of the proposal for professional engineering services with Butler, Fairman and Seufert, Inc. for rightof-way services on the Northeast Perimeter Parkway project from Dan Jones Road east to U.S. 40 in an amount not to exceed $200, in accordance with the Director of Transportation Report dated June 7, Approval of the proposal for professional engineering services with Butler, Fairman and Seufert, Inc. for professional engineering services in the reconstruction of Shady Lane from U.S. 40 north to Township Line Road in an amount not to exceed $91, in accordance with the Director of Transportation Report dated June 7, Plainfield Town Council determines that the highest and best use of the two small remnants left after the construction of the SR267 intersection for Metropolis Parkway is the sale of the remnants to the abutting property owners and finds that such a sale would facilitate compatible land use planning and authorized the Town Manager to go forward with the process and sale. 9. Approval of Change Order #1 to the contract with Central Engineering and Construction Associates for the SR267 water main relocation project reflecting final as built quantities resulting in an increase in the contract amount of $4, per the Town Engineer s Report dated June 7, Approval to release retainage of $5, plus accrued interest to Central Engineering and Construction Associates for the SR267 water main relocation project per the Town Engineer s Report dated June 7, Approval of Change Order #1 with Valenti-Held Construction for the Township Line Road sewer extension project reflecting final as built quantities resulting in a decrease in the contract amount of $1, per the Town Engineer s Report dated June 7, Mr. Kirchoff said just for procedural purposes I know that Mr. McPhail and I were not here for the Thursday, May 29 th meeting; therefore, we would not have a majority vote to approve those minutes. I would suggest that we table that until the next consent agenda. With that being said I would move that we approve the consent agenda with exception of item one, which will be tabled until the next regular scheduled meeting. Second by Mr. McPhail. Roll call vote called. Mr. Brandgard yes! 1

2 PUBLIC HEARING: Wamsley-Fields & Six Points Road Developers Annexations Mr. Brandgard said we do have two public hearings this evening. Do we have proof of publication? Mr. Daniel said yes we do. Mr. Brandgard said the first public hearing is for the Wamsley- Fields Annexation. Mr. Carlucci said I will go ahead and talk about both. Vaughn Wamsley and Clyde and Lillian Fields have requested annexation of approximately 74.2 acres of land on Ronald Reagan Parkway. This land is directly across if you would take where Airtech and Ronald Reagan where they come together on the north side of Ronald Reagan. That is approximately where their property is located and it is on the east side of Ronald Reagan Parkway. A public hearing for Six Points Road Developers Annexation consists of 46.8 acres. It is approximately 3,000 feet north of Stafford Road on the east side of Ronald Reagan Parkway. This is the development that is being put together by Indy Park Fly and Ride. Again, we are here for the public hearings tonight. These are both super majority annexations meaning all the property being annexed is owned by the people who have requested the annexation. If it is not confusing enough, all of the rezoning and annexation ordinances that we have had tabled are there to be approved. The process then would be to approve the fiscal plans for both of them. Once those fiscal plans are approved you can approve the annexation ordinances in the order that I have them even though they are numerically out of order and then approve the rezonings. All of those would be the third readings and adoptions. Thank you. Mr. Brandgard said again this is a public hearing for the Wamsley-Fields Annexation. Is there anyone in the audience who would like to address us regarding that annexation? With no one coming forward we will close that public hearing. We also have a public hearing scheduled for the Six Points Road Developers Annexation. Again, is there anyone in the audience who would like to address the Council regarding that annexation? With no one coming forward we will close that public hearing this evening. BID AWARD: Signalization at SR267 and Reeves Road Mr. Brandgard said we have a bid award this evening for the signalization at SR267 and Reeves Road. Do we have a recommendation? Mr. McGillem said yes we do; the bid review committee met on June 3 rd and reviewed the bids we received on the signals. There were two bids; the low bid was submitted by Transtech Electric out of South Bend, Indiana in the amount of $159, The bid review committee, after reviewing this, determined the bid to be in proper order and went ahead in accordance with the Council s authorization at the last meeting to issue the award subject to counsel s approval this evening. We do recommend Council approval of the bid in the amount of $159, to Transtech Electric for the new signal installation at SR267 and Reeves Road. Mr. Kirchoff said the estimated completion date in the bid was mid July. Mr. McGillem said July 18 th. Mr. Kirchoff said that being the case I would move that we award the bid for the signalization at SR267 and Reeves Road to Transtech Electric in the amount of $159, Second by Mr. McPhail. Motion carried. BUSINESS FROM THE FLOOR Ms. LuAnn Mitchell said I m the President of Peacock Lake Association. We are off of CR600W and the back of the property runs along north and south of CR700E. We are in the City limits and I m here and the homeowners are here to discuss with you about a homeowner up on CR700E, Mrs. Hughes that has two pigs that she is raising for 4-! 2

3 H. I don t have anything against the 4-H society or anything but it is on the lower end half of her property, which is down a hillside, which just abuts right up to over the west end of Overlies Way, which affects 14 homeowners there; it is really up on the property line. The site is bad enough to deal with for these homeowners but in the second phase of Peacock Lake there are 60 homeowners there and we all have to deal with the smell of these pigs all summer long. They have come last May and they will go to the 4-H fair in July and the smell continues through the rest of the summer. The problem with the pig areas is she has a compost pile that she is piling the waste onto and throwing it up on the hillside and a garden. It is down in the lower valley and there is not just a lot of air and movement and it is a nuisance for us to have to deal with there in the City limits. She is zoned in the County and we would like to know if there is any way that it can be zoned into the City limits and what we could do about that. I have talked to many different departments in the County and the Town of Plainfield and haven t been able to get any success. Mr. Brandgard said I think you hit the key there; the problem that we have is the property is in the County so we don t really have any control over that property. I know Mr. Carlucci has had some dealings with the County over it and the homeowner too I believe. Mr. Carlucci said I know last year Dr. Hadley came over and talked to me. I haven t been to the property lately and the last time that I talked to Mrs. Hughes she wasn t sure she was going to raise anymore farm animals there. Apparently she is but the only other thing that I can think of is maybe get the Hendricks County Surveyor over and see if there is an erosion issue coming off that hill but again she is not in the Town and she would resist coming into the Town. Ms. Mitchell said I have talked to the surveyor department. Mr. Carlucci said I m not an attorney but if she was already raising pigs there legally in the County and then we annexed it in, my guess is she could continue that use because it is a legal nonconforming use. Ms. Mitchell said it has just been in the last two years. Actually I was there before she moved in there but she has been aware that Peacock Lake was building in that second phase there so she knew houses were going to be there. She only has done it last year and continued it this year. I don t think anyone of you would like to have that 10 feet away from your back porch all your summer months. I have pictures if anyone would like to view them. Mr. Brandgard said feel free to show them. Ms. Mitchell said let me explain a little bit about these pictures. This is one of the homeowners that is directly behind the pig pen. This is a picture of the compost pile where she is putting the waste. These are the five gallon buckets that she puts the waste in and throws up on the hillside in the compost pile. This is a picture of the pig pen. You can actually see the property line post, which is very close to both her property line and she has put those pigs just right back in the shed unit real close, probably 10 feet away from the property line. This again is another picture of the homeowners. This is a shed where she sometimes stores the waste. Then probably at the end of this month she will actually put up a fence around where they will train the pigs and herd them. So, the pig pen training will go farther back into her yard. It is mostly the smell that is affecting our neighborhood and our property values. Mr. Brandgard asked, when were the pictures taken? Ms. Mitchell said last week so they are all recent pictures. I talked to John Barnett, surveyor s office and they actually came out last week and didn t see a problem but then the next day we had all of that flooding and it was probably ankle deep; I mean knee high deep with water. So, it had washed pig waste and stuff down and it is going into the retention ponds of Hummel Park. But I was told there probably wouldn t be enough Ecoli to hurt anything. I have just been passed around from the county to city to city to county to city and I have even taken it to the State and it is not enough farm animals to contend with there. I would like to also introduce Prince Helton and he is one of the homeowners that lives directly behind these pigs and he can give you some heartfelt thoughts on that.! 3

4 Mr. Prince Helton said I live at 5830 Overlies Way on the west side of the street. My property backs up to the property that is in question. When I moved there five years ago, there were no pigs there. There is no reason to have pigs there. This is supposed to be a 4-H project. I have yet to see much help from the kids. There is not much activity done by the 11 or 12 year old girl there now. Most of the work is done by the mother, which I suppose is permissible but that is not true to 4-H work. I have tried to reason with this lady about the fact that it is 20 feet from my property line. I don t appreciate the smell. I don t appreciate the look and I don t think it is fair for that type of a project to be allowed in a residential area regardless of what the laws say. Thank you. Ms. Diane Alexander said I live at 5828 Overlies. I m Prince Helton s next-door neighbor and I vouch for everything that he has said and then some. This situation is really getting out of hand. It is causing a lot of anxiety and stress and just generally decreasing our quality of living in our neighborhood. At the top of the list is it is very much devaluing our property and I really do feel that something needs to be done about this. I just wanted to say that; I feel that there should be consideration for possible rezoning and due to the fact that she has these pigs right up against our property line in our backyard we can t entertain, you can t have guests over, you can t enjoy your backyard, and you can t open the windows. I came home at three o clock this afternoon from a meeting and went out to my mailbox and by the time that I got back in the house I wanted to throw-up. So, that is about all I have to say but I think there is also a problem environmentally with this issue and that is the waste. Due to the fact that we have all of this extreme amount of rain where these pigs are located all of the run-off is coming into a swale into our backyards and it is creating a very unacceptable situation. So, that is about the extent of it that I can say but I just feel that it has gone on long enough and something needs to be addressed with this situation seriously. Thank you. Ms. Mitchell said people are selling their homes there but those homes that face the backside of CR700 are not going to be able to sell that property and it is devaluing our property value in that second half of Peacock Lake. Mr. Brandgard asked, have you been to the County? Ms. Mitchell said yes. Mr. Brandgard asked, in a group like this? Ms. Mitchell said no. Mr. Brandgard said the reason that I ask, and again as you know and as I mentioned earlier, that property is not in the Town so what the Town can do is very, very limited. Ms. Mitchell said the County says the same thing to me. The County Health Department and the surveyors and the waste and the water, they have all told me the same thing. They have been out. How much is enough Ecoli? They say it is not enough. Well it is. No one has to live back in there so they don t know what it is like to live like that. She gets the services of the police department, she gets the services of the fire department the same as we do. Mr. Brandgard said she gets the services of the fire department because she is in the township. She doesn t get the services of the police department because she is not in the Town; she gets the services of the sheriff s department. Ms. Mitchell said we have called the police department on her and they have served her very many times down there but we basically wanted to know if there is anything that you guys can do for us. Thank you. Mr. James said I know the residents have dealt with this issue last year and I received several calls about it and I explained that the property was not in Plainfield and it was under Hendricks County s jurisdiction and to call the Hendricks County Planning and Zoning and file a complaint. And also contact the Health Department to see if there was an issue with the Ecoli and the erosion issues and I think Mr. Brandgard suggested a good solution to this. And this would be to go to the Hendricks County Plan Commission meeting, as a group, and explain to the Hendricks County the situation and how it is impacting! 4

5 their property. They also could talk to the Director of Planning and Zoning for Hendricks County, Mr. Don Reitz and see if there is a setback issue with the structures on the rear property lines. So, that is something that they could look at too. Mr. Daniel said all I can do is second what Joe James just said. With it being in the County the Town has no jurisdiction to do anything on this property. It is a County problem. I would assume they told you that the Town couldn t do anything for you. Ms. Mitchell said they didn t say you could do anything but here is where we should go. Mr. Daniel said they know better than that and what Mr. James has said is what needs to be done. Go to the Department of Planning over there and the Public Health Department but it would probably help if you could go in a group like this rather than one or two of you and go over there so they can appreciate more of the magnitude of the problem and the number of people affected and that sort of thing, that might help some. But the Town does not have any authority to go on County property and make a property owner in the County do anything and whether or not they are in violation of zoning there I don t know. My guess is they are probably not but I don t know the answer to that. Ms. Mitchell asked, who makes that decision? Mr. Daniel said the zoning is done by the County so long as it is in the County but are you talking about bringing them into the Town? Ms. Mitchell said yes. Mr. Daniel said it can either be done voluntarily or involuntarily but they have changed the annexation laws so many times in the last two or three years that without the agreement of the property owner for the Town to rezone that involuntarily would be very tough. If the property owner came in and asked to be brought into the Town, we can accommodate them most of the time on that but the involuntary annexation has changed dramatically and it is difficult now to bring property into the Town when the property owner doesn t agree. Ms. Mitchell asked, can there be some sort of stipulation about raising things so close to City limits or something like that? Ms. Janet Erwin at 7039 Mallard Way said I live in Phase 1 and it just saddens me what can happen to a community. First of all Prince didn t say everything. He went out and offered the homeowners $6, cash if she wouldn t raise those pigs and she told him that she could do anything that she pleased and that hurts as a neighbor. And his wife passed away this December. Last summer she laid there on the couch hoping this didn t happen again this summer not knowing that she wouldn t be here this summer. And across the street was another lady, Linda King who passed away this December. One of our biggest community volunteers had the smell; not as bad as Juanita but she did. Why can t we work as a community? Meadowlark was annexed into the Town; I know it is a lot bigger than the one property. They did not ask to be annexed into the Town. We had five homes sell this spring and at our last June meeting we were told by two of the homeowners they bought here because we have a pristine well kept community and we are going to lose our foothold here if we don t take care of it and I don t understand why the Town couldn t annex one more house or two up there on the ridge. I don t know cost wise why you don t; there must be some reason but we are allowing good neighbors fall apart here. Mr. Brandgard said to answer part of your question the Town s policy as long as I have been around is we don t annex unless we are asked to annex unless there is some over-arching reason to do it, which those have been very few and far between. As Mr. Daniel said, the legislature has seen fit to change the rules for annexation almost every time they meet and it makes it very difficult even to annex somebody who wants to be annexed today. Regarding Meadowlark I believe we annexed that before it was being built. Mr. Carlucci said there were three different subdivisions; Bentwood, Meadowlark and I forgot the third one. We were already issuing all of the building permits. It was an annexation that was involuntary but nobody objected to it and that was because a lot of them wanted to be in the Town anyway to get the fees for the recreation center and the aquatic center and those types of things.! 5

6 I would make a couple of suggestions. I think you were starting to say this earlier Mr. Brandgard but the County Commissioners are the ones that run the County government and I know they meet on Tuesday mornings. You can call the County Commissioners office; it s in the phone book. Ms. Mitchell said I ve been to one before. Mr. Carlucci said you should go to that meeting. Ms. Mitchell said I have been before. Mr. Brandgard said just like tonight. Mr. Carlucci said what I would also suggest is for Mr. James to get with Mr. Reitz and have our Planning Director talk to him and say what is the situation here? Was that building already there when she bought the property? Ms. Mitchell said it is kind of a shed type building but there were no animals there before. Mr. Carlucci said I think the two Planning Directors need to get together and talk about this. If it was in the Town and she bought that property, she would not have enough acreage to raise pigs there because we have certain requirements in our animal control ordinance that have specifications. Ms. Mitchell asked, do you know how many acres it takes? Mr. Carlucci said I don t remember that but it is several acres just to have a horse. The animal control ordinance is not a zoning ordinance; it specifies how many dogs and cats you can have. And if you want chickens or something like that, how much acreage you have to have so it doesn t impact the surrounding neighbors. I don t know if the County has that but I think you need to go to the County and to the commissioners meeting and say something needs to be done and you can t push it back on the Town when it s in the County. Try to put their feet to the fire and say we need to deal with this; we all need to deal with it but it is their responsibility at this point to deal with it. I don t think the Council would have any problem with Mr. James talking to Don Reitz and see what we can find out from a zoning standpoint and see if there is something that hasn t been looked at. Ms. Mitchell said I just have one last thing to say and that is another person s rights stop when their rights trespass against you. So, we have to do something as a community and as a County so go to the commissioners? Mr. Carlucci said yes. Like I said if you look under Hendricks County in the phonebook, it says the Hendricks County Commissioners Office and she will tell you when the meetings are and then you say you want to get on the agenda. So, they will put you on the agenda and they will tell you what day that is. Ms. Mitchell said so you are telling us there is no way that you could annex them as a Town. Mr. Carlucci said there are a lot of complications with annexations especially if she doesn t want to be annexed and she won t want to be. Mr. Brandgard said there is a whole area out there that is surrounded by the Town that has not been annexed. Ms. Mitchell said we know that but they re not raising pigs. Mr. Brandgard said it is true but at this time they don t want to be annexed and from the overall Town s standpoint we have no reason to annex them. That is kind of what we have out there. If we were to go out there and go in and just want to annex that one property for that reason, I doubt if the courts would look very kindly on that based on the way the annexation laws are written. Mr. Daniel said and she would know why the Town was trying to involuntarily annex so I m sure she would object to it and I don t think the Town would have a chance annexing it.! 6

7 Mr. Carlucci said at the end of the day it won t work anyway; she would be a legal nonconforming use. Ms. Mitchell said I have another question; our attorney also told us that she could be possibly sued and possibly win because of a nuisance and we are not a condominium association; we are all individually owned. So, this is really up to each individual homeowner to do this so that makes it hard. It is hard enough to keep your association going but anyhow I was wondering if the Council would consider a nuisance with your attorney; it is a nuisance. Mr. Brandgard said again if it was in the Town, we could do that. Mr. Daniel said there is a public nuisance and private nuisance and your attorney is talking about a private nuisance case because it affects your private property. Mr. James said I will give Mr. Reitz a call the first thing in the morning and let him know about this situation and see if we can come up with a plan to help the association. Also, I will get their contact information and let them know what Mr. Reitz recommends and also Mr. Reitz may be willing to meet with them also. Mr. Kirchoff said I think it would be a good idea for them to come over and see it because seeing those pictures really helps us understand the proximity here. So, I think it would be great if you could get him to come over here and actually see it. I would urge him when you talk to him, to have him or his staff to come over and physically walk that property and get a sense of what we are talking about from a proximity standpoint. Mr. Daniel said I don t know if he generally attends the County commissioner meetings but if they are going to be at a County commissioner meeting, it would be nice to have him there. Mr. James said I can certainly do that. Mr. Brandgard said also let him know that the Council is behind you and would certainly like to see something resolved on it. Mr. McPhail asked, how long have the homes been there before they brought the animals in? Ms. Mitchell said our homes have been there about eight years. Mr. McPhail said and you ve only had the animals two years. In most cases when homes adjoin agriculture areas, the animals were already there. In fact, the elevation of the home is 25 or 30 feet above that lot so you can t even see this pig lot when you are driving in front of their house. You probably can t see it driving down your street. Ms. Mitchell said no; the problem is you don t get any air down there and it permeates from the stench. I lived on a farm; my grandfather was a hog farmer and you get used to it. I went over there and you do not get used to it. I really did think they were kind of exaggerating; they are not exaggerating. Mr. McPhail said it probably stays damp there all of the time. Ms. Mitchell said it is nasty and it draws rodents and flies and you know raising pigs. Why can t they raise rabbits? My husband did and he lived on a farm for a 4-H project. It seems like it is vindictive. I don t know; I m not a neighbor. They also have a loud music problem. They have to call the police to come and tell them to turn down the music. I have heard they have had to call the fire department because they burn. I don t know what they are burning but the smoke stays down there and permeates. I don t think a new homeowner would buy there if they knew this was going on. They will never be able to sell unless it is September and on when they can t tell it is there. The little shed where the pigs stay is not offensive; it s the pigs. Mr. Brandgard said again thank you for coming in and like I said we will have our conversations with the County also and I think Mr. James got the contact information from you so he will be in contact with you also. We will try to do what we can but like I said we! 7

8 understand the problem but what we can do is limited; we have to work with the County on it so thank you. TOWN MANAGER S REPORT Mr. Carlucci said the only item that I had that I put in my report to the Town Council has to do with a request from Panatoni Development to vacate a drainage and utility easement. I would need your approval to go forward and notice a public hearing for that. I believe if I m correct, the way that I looked at it I think it is already under a building so they would like to vacate it and I think the building is being sold. But they wanted to get those things cleaned up before they sold it so I have the information and the legal notice that a gentleman sent to me from Structural Point and if I get your consent to move forward, I will do that for a meeting on the 23 rd of June. REPORTS Mr. Brandgard asked, is there consent? Consent given. Mr. McPhail said I have one quick report; based on the weather improving a little bit we plan to start the sidewalk project this week. John Albertson has selected his crew and they will start bringing some equipment and getting ready on Wednesday and start later in the week. Mr. Kirchoff said I received a compliment I wanted to pass on and make the Council aware of this. It says, Bill please pass on my kudos to the grounds keeper of Franklin Park. I m not sure who that is; I didn t know if there was a designated person out there or not. You did a great job in blowing the grass clippings off the tennis courts a few weeks ago and then again last week he blew off the Maple seedlings on the courts for us. There are 10 very grateful tennis players who use these courts twice each week during the season. A job well done. Thanks. Larry Rudy. So, I wanted to pass that on; I didn t know who that is Clay. Mr. Chafin said we have a couple of people that primarily take care of that park and I will pass it along. Mr. Kirchoff said I appreciate that. kind of s. It is good to get those Mr. Gaddie said the only thing, and Jason knows about this, is down there at the canal where they filled that in and there is a gate down there I think they are going to revise that at the bottom. They had a crew down there working. I think they are still down there today. Mr. Brandgard said I know they were working on that. Mr. Carlucci said I was down there Saturday and they were working in the rain. The Town Engineer was there because the lights went out at the Town Hall and the emergency lights weren t working either. I drove down there and my wife told me not to go down North Center Street because you could see the water was backing up farther where it enters that new pipe to the east. They stuck with it and I wanted to complicate his guys because they were trying to unbolt them but they were turning and turning so they took a Sawzall and cut them off and dropped that down and almost instantly that water went out. You ve seen some pictures on how bad that railing took a beating again. There was about a 100 foot long cottonwood that floated down there and was floating high up in the water anyway because it wasn t water logged and it hit that bridge pretty hard. He cut some pieces of wood out of there and then everything dropped again; all of that stuff dropped and went through and opened it up. It wasn t anything that we haven t done in the past because in the beginning it was piling up on one bridge and then later in the day it will be somewhere else. Friday night I know JDH was still out there on the U.S. 40 bridge and the CR700S bridge getting that stuff off because we knew it was going to rain the next day. They did a good job. We know where the problems are; it is just a matter of getting to them and getting everybody ready to go. Mr. Brandgard said before we leave I want to thank Jason and his crews and whoever else was out there helping to get those logs off the bridges. Make sure we have accumulated the time we have spent as well as what JDH is going to charge us for that and we will bill the State and the County for cleaning the debris away from the bridges. I know! 8

9 they have problems and we have our problems here but still to me it doesn t sit well when they say go take care of it if you want to clear it or we will be there in a couple of weeks. That doesn t compute well. They should be the one calling the contractors in to do this and not the Town but the Town will continue to do that. Like I say I want to thank you because I know a lot of work went into that over a long time period and we certainly appreciate it. Mr. Castetter said I will pass that along. Mr. McPhail said also I was out a little bit on Saturday and our police and fire departments and I think every employee in Town was out trying to cope with this. The thing that impressed me was they were all doing it and they were all in a good mood. The police officers, when they had to stop somebody, were very courteous. I saw some of Jason s people and they went into the water and tried to take care of things and not grumbling. We have a great group of Town employees; they respond when the need is there and they do it in a pretty cheerful manner for that kind of work. I heard on the radio early on Saturday morning that we sent people to Morgan County to help with the disaster down there. Byron had some people down there I know and I received just positive comments from people calling in on the radio in Martinsville thanking Plainfield for being there to help them. Mr. Brandgard said at the same time I want to recognize the fire department and the rescue and the work they were doing in the water. I m going to ask the press, if they would, I get highly concerned when we put barriers up saying do not enter/stay off, to some degree I can understand the kids violating that because that is an attractive thing to get out on these bridges and stuff and getting into the water but when I see adults walking around the barriers, that really upsets me. That is who we need to see setting the example for the kids to stay off the bridges. I know several times I stopped and asked people to get off the bridges because it is dangerous. I think Wednesday is when the bridge got hit down there. I was down there and got some people off and left and I think maybe an hour later is when that wall came down and hit it. When you saw what the wall did to the bridge, it is a real good case of why you stay off the bridge. The north railing was pushed all the way down to the south of the bridge. I would certainly appreciate it if you could put some kind of story together on that. It s the same way when you have the roads blocked because of high water. The number one rule is you don t drive into the water; people drive in the water. Again, it is one of those things that it is a public safety issue and I don t know how to get around it much more than to ask if you put together some kind of story on that aspect of what happens before somebody gets hurt. I mean we were really lucky in a couple of incidences with the kids in the water down here that nobody got hurt but somebody certainly could have. Mr. Gaddie said where we have done work at Lawndale and Denver it was six foot going into a resident s garage there. (Inaudible). It did get up to about six foot in his garage. We put more drainage in there. Mr. Belcher said that one particular house at Denver and Lawndale has been flooded two or three times in probably a 10 year period. But the good news/bad news is we are all nervous because there is always a storm bigger than the storm that you can design for. It is like what happened down here with 11 inches of rain but the good news is Jason had the sandbags ready and had them put in just in case but they weren t really needed as I understand. Mr. Gaddie said as soon as it stopped raining, it didn t take long for the rain to drop and it kept recessing. Mr. Belcher said if we had gotten five more inches of rain, it would have been in the house but it is designed for 10 or 11 inches of rain and I don t think we could have afforded that as a Town. So, essentially I think we made a major improvement there with that one project, which is part of the multiple projects that we have done. I talked to Mr. Satterfield today about that and again it has happened before so it is hard to get out of the mode of having confidence that it won t happen again but we can never guarantee it but I think we made a good improvement on it. Mr. Chafin said I have just two quick things. I received in the mail the State Trail Grant Agreement for the monies that we were awarded for the trail. I m going to give that to Mr. Daniel to give! 9

10 his once over and then secondly in my report I need to make a quick revision. When I compiled it, my crystal ball said that the sale on the trail was going to go very well when in fact the weather somewhat changed and caused me to make phone calls at 6:00 a.m. on Saturday to all of the vendors that we had set up to participate. So, we have moved that back to this Saturday. Mr. Brandgard said I was going to ask you about that because I didn t think you had it. Mr. Chafin said at 5:00 a.m. I started watching the radar and I thought oh it is going to go north and then it just didn t. So, just to make that revision other than that that is all that I have. Mr. Brandgard said really that creek was moving up on his parking lot pretty good. Mr. Carlucci asked, who is the signatory for that for the Town? Mr. Chafin said we can designate it; I don t think it has a specific name. Mr. Daniel said it does not. Mr. Carlucci said what I would suggest is that, of course, the State never likes us changing their grants anyway or agreements. So, if Mr. Daniel thinks unless there is some hidden agenda in there that the Council authorize the Council president to sign the agreement because Renea is going to be out for awhile so that we can get it done and get it back. Mr. Kirchoff made a motion to authorize Mr. Daniel to review the agreement and if it is satisfactory, that the Council president be the signatory on the document. Second by Mr. McPhail. Mr. Brandgard said we have a motion and a second for counsel to review the grant agreement from DRN and if it is in proper form, authorize the Council president to sign said agreement. If there is no further discussion, all those in favor signify by aye. None opposed. Motion carried. Mr. James said I had a report prepared for Friday but in my hurry to get out of here to beat the traffic I forgot to it to Mr. Carlucci. So, in my report I wanted to thank you for approving the hiring of the summer interns and I would like to introduce one of our interns, Kate Singleton. She is entering her senior year at Ball State in the planning department and hopefully she can gain a lot of experience this summer. The other intern is Tim Dombrosky but Tim wasn t feeling well today so he said he would come June 23 rd and I will introduce him. Some of the things that we are going to be working on this summer includes working on creating a pedestrian plan for the Duffey/Gibbs neighborhood. Hopefully, they can assist with the National Registration nominations for some historic structures around the Town Center. They are going to perform a housing condition inventory to support an application for a Lilly endowment grant for facade rehabilitation and then they have been doing code enforcement work and helping us get caught up on some inspections. Mr. Brandgard said you have a pretty aggressive agenda. Mr. James said we have enough to keep them busy this summer. Mr. Brandgard said we are pleased to have you aboard. Mr. Jason Castetter said I was going to work this weekend on a nice slideshow presentation of the events that happened Wednesday and Thursday but then Saturday came and then that just shot all of that out the window. The log jams were important that we realized early on not only the log jams but we also didn t have power in Town for four hours, a portion of the Town of Plainfield, including the water plant and the sewer plant for that period of time. But early on a call was made to the County about the bridge on CR700. I talked to their superintendent and he said they were covered up and they had flooding issues up there with people s houses and things but they did respond within an hour and a half to the CR700 bridge. However, if you recall, CR700 have those pylons that are a few feet from the bridge that the piece of equipment! 10

11 that they brought out was no good. So, I have already put the wheels in motion with JDH Contracting. I heard of the log jam that was taking place in Hummel Park knowing our citizens upstream from there were going to struggle with anything downstream. I met JDH Contracting as well as a representative of Hummel Park and it was determined at that time to get JDH on site at least heading this direction. Then the determination was made to do the CR700 bridge before Hummel Park at that time. So, Wednesday, Thursday and Friday JDH was in Town pulling logs off the bridge as they finished them today pulling the last three or four off of the U.S. 40 bridge. You may have seen those laying there in the lot; it used to be Kristy s but now is Flap Jacks I believe is the name of it. I met those owners and they were more than willing to let us come on that property and pull logs off. So, of course, White Lick Creek was the big important thing that we had to deal with as well as Ed mentioned the Lincoln Street Canal. That kind of snuck up on us because Thursday we cleaned those outlets, the inlet and the outlet of that canal after Wednesday. I just went by there 45 minutes earlier before Tim went by there and Tim doesn t seem like he gets real excited but he gave me a call and said hey Jason we have a little issue up here at Lincoln Street; we ve got some debris on the end of the pipe and you need to come up here and take a look at it. I was at Hadley Acres at the time and I said I will be right there. He called a minute later and said Jason I may have understated how important it is that you come up here and take a look at Lincoln Street. We have kept an eye on it and we have kept them clean but the problem was that it plugged up on the east end and on the west end at the same time. On the west end it was on the inside of the gate. We unbolted it and cut it off and pushed it down. We were able to salvage the gate but the debris and everything did flow quickly down as Rich said. We finished redoing it today and we put it on a swing gate now so as debris catches it will hopefully open the gate slowly and as water passes it will then drop. So, it is probably as safe as we can be trying to keep kids from wanting to get up in there. It is going to take 6-10 kids to try to grab a hold of that heavy galvanized pipe to lift up to get in. I m still looking at the east end as far as things go. I think we have come up with a plan that we are going to put some rails on the side and chain on the top so in case if we need to, we can hook right to it and pull the gate straight up. Right now it is bolted to the wall. We did it all at a good time but it takes time to unbolt those things and with that amount of water going in there I really don t like my guys hanging over things and I don t want to see them down at the gate on the west end. Overall things went real well. With the downpour we had Saturday I called everybody in that we had, water, sewer and the street department. Like I said Saturday we lost four hours of power. We were on back-up generators. We had lift stations getting hit by lightening. We had lift stations going into high level alarms. Water plants were an issue; when they come back on line sometimes pumps want to do funny things but the DWP guys responded greatly. When they were called upon, they responded so I have a great group of guys working for me and gals. Mr. Kirchoff asked, what is the latest with David Pennington? Mr. Castetter said David Pennington is doing real well. His spirits have always been good since the day that it happened. He is returning to work June 20 th. I just saw him again last night. I make sure I see him on a regular occasion. The scar that he has is from nose to ear and it follows his cheekbone so it is really hidden from view really because it follows his cheekbone but the surgeon did an excellent job. It looks good and his spirits have always been good and he has come in the office a couple of times and is eager to get back to work. For your information since I didn t get a slideshow together if you go to the Town of Plainfield F drive under DPW pictures storm of 08, there are pictures. Mr. McGillem said I don t have much additional from what I put in the report but as Jason indicated this weather has not been that conducive for road building either. But I did want you to know that even with the weather that we have had and last week being the first week that the intersection was closed down at Hadley and Center Street, the first day that we shut down on Monday, they had the pavement sections with all of the splitter islands completely cut out. By the! 11

12 end of the day that day plus getting all of the traffic routing signs up as of right now they have most of all of the new curbing in in all of the splitter islands and the center and they were preparing today the back filling of those splitter islands. They will start pouring the concrete sections. Also, the day they closed down the road they shifted the traffic to the new lanes on the north side of Hadley Road and started taking up the old pavement. They were out there I think it was Wednesday in the rain with the milling machine and the dump trucks. While it was raining they completely took up the old section of the south side so they are moving forward. I think they are going to do everything and I feel very confident we will be able to get the road opened by July 2 nd. Mr. Kirchoff said I missed the last meeting but I wanted to commend Chief Mitny and his staff. I have attended a few of those police recognition nights but I thought this year was outstanding. It made me proud to be associated with your department with the outstanding employees that we have. I m sure the other three that were with me that night felt the same. I walked away busting buttons with what I hear your fellows do. I think it continues to send a message to me of how important it was with what we did with Flashpoint and trying to continue to have a good salary and benefits program because your guys really really make me proud with what I think this community has in a police department and I want to commend you for not only the evening but for the job that your guys do. Chief Mitny said thank you. (Inaudible). OLD BUSINESS None. NEW BUSINESS Mr. Kirchoff said the only question I have is I remember asking this when gas hit $2.00 a gallon a few years ago of what impact that had on departments and I was just curious at $4.00 a gallon for the police and fire in particular and DPW are you having any concerns from a budgetary standpoint of the impact on fuel prices? Mr. Brandgard said I have had some conversations but I will let the chiefs respond. Chief Mitny said (inaudible). Chief Anderson said (inaudible). Mr. Brandgard said one of the things that I had asked as we go through the budgets and where we are trying to cut things down is trying to protect the fuel budget for the departments. I certainly don t want to see us cut back if we don t have to on our patrolling and the service. So, I would rather see us cut elsewhere although there are areas we can control that but at the same time I think the message still is that we want to make sure that the Town is still safe and protected and they are still out patrolling as we need to. It is a big challenge for everybody. Mr. McPhail said I think we will see a spike in the fire department early this month. Every time I turn a corner here is another one coming; there is something going on all of the time. Mr. Bennett said I know department heads and I have had some discussions too and they are doing everything that they can to control the cost on the fuel. RESOLUTIONS Mr. Carlucci said I might explain Resolution No : the Kappel Property Tax Abatement that you all have seen before. You might recall that when we started the process with the Barga/Dodson Annexations to bring those into the Town they are two annexations up in the AllPoints Industrial Park. You have to go through the abatement process on them both at the Redevelopment Commission to get put into the TIF District. We are going through this process again now with the Kappel Annexation. We are going to go through the same process. The Barga/Dodson weren t very big and I can t remember off the top of my head but I think this is about 40 acres, somewhere in there. It is actually contiguous to the AllPoints Midwest so that is the direction! 12

13 that we are going. So, this will be the first step and the next step will be this Friday when we have a Redevelopment Commission meeting. It will take a couple of other actions at the Redevelopment Commission and then we will get that put into place. This really has to be done I believe by July 1 st so after that the rules change on how you can add onto a TIF District. But at this point the developers, Browning and Duke are the ones; there is no assessed value in that TIF District yet. There are a couple of bond anticipation notes out there and they have agreed to pay on those notes until such time that the TIF can take over. So, they have put themselves at risk here for a short term but I think in the long term it will work out very well. Mr. Kirchoff asked, is this the one for the special Town board meeting the public hearing on the 25 th? Mr. Carlucci said no; those are just two other annexations I want to get done. The other ones, the Wamsley North Annexation and the CR200S Annexation that is what would be on the 25 th. As a matter of fact, not only did I note the public hearing on that date but we are also going to do a special meeting and adopt those ordinances and get those done because I have one more annexation on that area that I want to get done before the end of the year. Mr. Kirchoff made a motion to approve Resolution No : the Kappel Property Tax Abatement. Second by Mr. McPhail. Roll call vote called. Mr. Kirchoff made a motion to approve Resolution No : Six Points Road Developers Annexation Fiscal Plan. Second by Mr. McPhail. Roll call vote called. Mr. McPhail made a motion to approve Resolution No : Wamsley-Fields Annexation Fiscal Plan. Second by Mr. Kirchoff. Roll call vote called. ORDINANCES Mr. McPhail made a motion to approve Ordinance No on its third reading and adoption. An ordinance for the Six Points Road Developers Annexation. Second by Mr. Kirchoff. Roll call vote called. Mr. Kirchoff made a motion to approve Ordinance No on its third reading and adoption. An ordinance for the Six Points Road Developers Rezoning to I-3 District. Second by Mr. McPhail. Roll call vote called.! 13