PLEDGE OF ALLEGIANCE CONSENT AGENDA · CONSENT AGENDA Mr. Brandgard said we have several items on the Consent Agenda this evening. We will add one more to item 1 and that would be

PLAINFIELD TOWN COUNCIL

September 22, 2003

The Plainfield Town Council met on Monday, September 22, 2003. In attendance were Mr. Brandgard, Mr. Young, Mr. Kirchoff and Mr. Ward.

PLEDGE OF ALLEGIANCE

CONSENT AGENDA

Mr. Brandgard said we have several items on the Consent Agenda this evening. We will add one more to item 1 and that would be the minutes from the Special Town Council meeting of September 15, 2003.

1. Approval of the minutes of the Town Council meeting of Monday, September 8, 2003 and Monday, September 15, 2003.

2. Authorization to advertise for bids for storm sewers related to J.C. Penney’s project located in the Airtech Business Park per the Town Manager’s recommendation.

3. Approval of the August 2003 monthly report for the Plainfield Fire Department.

4. Approval of the contract with Traffic Engineering Group, Inc. in the amount of $11,880.00 for Center Street Corridor Enhancement Study for the area between Stanley Road and Reeves Road per the Town Engineer’s recommendation report dated September 19, 2003.

5. Adoption of the 2004 Holiday schedule per the Human Resources Director’s Report dated September 22, 2003.

6. Approval of the Human Resources Director’s Report dated September 22, 2003.

7. Request to use the Beneficent Fund for the Annual Fire Prevention Picnic ($800.00) and the Annual Chili Supper ($120.00) per Chief Byron Anderson’s Report dated September 19, 2003.

8. Approval of the Police Mutual Aid Agreement between the Town of Plainfield and Town of Brownsburg and authorizing Police Chief Brinker to sign the agreement.

Mr. Kirchoff said in the minutes of the special meeting of September 15, 2003, the large paragraph in the middle, about 10 lines down, there is a sentence where Mr. Daniel is speaking. The word “day” needs to be added after 180.

Mr. Young made a motion to approve the Consent Agenda as amended. Second by Mr. McPhail. Motion carried.

BUSINESS FROM THE FLOOR

Mr. Keith Denny at 53 Pike Place said the vacant lot beside Van Buren School that flooded, there are about 15 houses that got flooded through there because of all the dirt the church brought in and put in that lot. I know that we got a lot of rain but that dyke should have held more water than it did. We would like to have something done about that.

Mr. Belcher said that couldn’t be a better lead into what I would like to talk to you about tonight. What I would like to present to the Council tonight goes right to the topic that they are discussing. It is not so much about what occurred on the day the flood occurred or whether or not the fill caused it. There was some filling of that area by the church at different times, etc. What we have identified that area for, and I would like the Council to consider tonight, is part of our combined sewer overflow program. It is a long-term program but this has just brought up a potential to doing something sooner and might relieve some of the problems that these folks are having in terms of that parcel of land. What this piece of land would mean to us, if the Town Council is interested in acquiring it, is we would design and modify that area to actually become a detention area. There are different rumors I have heard. I have never had any evidence presented to me that it was designed as a retention area. It does do that and it does it in a manner that I don’t know if there is any engineering to back it up. It obviously overflowed apparently during this last storm event. So, the chances are it wasn’t designed in the manner that maybe it should have been. What we would like to do, if we acquire it, is

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make it a centerpiece of the separation project that we need to do for the Buchanan Street combined sewer. It would take storm water and we would want to bring storm water into it. We would plan to deepen that and make the water surface elevation, if we made a permanent pool, actually lower than the homes that are being flooded now. So, if you can imagine that thing, not only the existing fill coming out, but also go deeper than it was even before the fill was put in here recently. Again, it is a very important piece of our plan that we already went through all of the processes to present to the public at different times. And present actually to IDEM as an approved plan towards our separation project. But in order to make that into a designed retention area to work properly during an event such as we had on Labor Day we would need to acquire that land. Again, whether that occurred on Labor Day or not I would have been standing before you asking for your permission to try to acquire that. It is a very important piece to our plan. It would also solve the problems that I think are being brought to you this evening in a way that would immediately resolve any kind of problems if we had another rain like that. But that is really it in a nutshell.

Knowing this problem occurred on Labor Day Mr. Carlucci brought the letter to me so I thought this would be, and he did too, a good time to bring this up. And see if the council would be willing to go forward on that and begin something that would actually relieve that problem. That we would have control over it and design it the way that it should be designed and we would know how it should operate and we would maintain it and keep it in good operation. Right now I couldn’t find that there was any outlet to it at all so those detention ponds are designed without an outlet. It appears to have none other than just soaking in the ground, which is obviously at a very slow rate. That is what I would like to present to the Council. If you have any questions, I would answer them but this is basically just for your consideration.

Mr. Brandgard said I think it is something that we need to move on. It will help the area there. For your information we have heard this over the years that it was supposed to be a retention area. The problem is there are no Town documents that says that it is a retention area that the Town required to put in there and it is on private property. So, it does create problems from the Town’s standpoint. So, I think the best course of action is to go ahead and try to acquire it and build it into the plans. I know the area there will flood even if we don’t have as much rain as we got.

Mr. Kirchoff asked, did you get any this weekend with the rain that we had the last time?

Mr. Denny said no. The most that we have ever had down through there I would say is maybe an inch to two inches in all of our yards. We can live with that but we shouldn’t have that. I have pictures here of the dyke, etc. If you haven’t seen it, here is the retention pond. It looks like we have lake front property.

Mr. Kirchoff asked, did you have rowboats that day?

Mr. Denny said yes we did. The fire department had to come and rescue a neighbor lady that is handicapped to get her out of her house.

Mr. Ronnie Davis at 411 Wabash asked, so what you are saying is the Town had no legal way of stopping them from doing that or had no control of them filling up that hole?

Mr. Brandgard said each time we were told that it was being filled up we went to them and asked them to stop and they did. But going back to the records, unless I’m mistaken, I don’t believe we have been able to find anything that says that we have any control over that.

Mr. Davis asked, so they can alter the water flow without any repercussions from the Town?

Mr. Brandgard said it is in a gray area is the best that I can tell you in that area right there. Like I said we went back to them and told them to stop every time they went in there and tried to fill it and they did but they keep doing it.

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Mr. Davis said Mr. Denny said they were even bringing it in in the middle of the night and he filed a police report on it. So, it looked a little shady.

Mr. Denny said it was about a year and a half ago.

Mr. Carlucci said they were bringing drywall in and gypsum board and every time that we got a call we would get a hold of the people in the church and ask them to stop because of the kind of material that they were bringing in. But I think what Mr. Belcher was trying to say earlier is they don’t believe that area right there was ever designed to be part of any subdivision retention/detention area for anything. It did that after the fact. It was protecting some of the homes and it looks like that because that dyke is so well defined on the west side of the property.

Mr. Denny said their drainage pipe at the top is at least that big around and you couldn’t even see it because of the water coming through it from the top of the hill. So, I mean the City has water running through it and they know about it.

Mr. Brandgard said we know that the drainage pipe is there.

Mr. Kirchoff said help me understand the elevation. If we would do this, and you talk about we are going to lower the elevation there in relationship to the neighborhood, then will that be dry most of the time?

Mr. Belcher said we can still make that decision during the design process. Since it is close to a school and neighborhood the chances are we wouldn’t want a permanent pool. A permanent pool, if you can protect it from somebody getting in it, is the most efficient way to use the ground for the most storage of water. But we could make it a dry detention that would only act during a storm. It would fill up and then it would go away. We would design it that once it filled up you would still have, say two-feet of clearance, between the floor elevation of these folk’s homes and the top of the water. That would be the kind of safety factor that you would want to build into this kind of design. It certainly was never done to begin with. It appears to be the same elevation on one side of the dyke as the other and the homes are the one side and when the water goes over it, it is going to go right in the homes.

Mr. Kirchoff said I was just trying to clarify it because if we are creating something that has standing water, then I think we need to think about that issue as well.

Mr. Belcher said that is the other side. Standing water is a risk and a dry detention we know is not always dry. They end up having the same kind of issues with misquotes, etc. But again if we design it, we can put drains under it and we can get it dried out in a reasonable amount of time after a rain event.

Mr. Carlucci said you might recall that when Van Buren did their expansion before this one, we were concerned about the drainage and I think they put over $100,000.00 in to put a storm sewer in to take the drainage out to White Lick Creek. So, over the years we have tried to add some storage but again nothing was working very well.

Mr. Brandgard said in fact, if you looked at some of the catch basins, there was water coming out of the catch basins rather than going down it. It was due to the amount of water and the fact that it couldn’t get out to the creek area either. A lot of things went wrong that are kind of out of our control with that much water at one time. This is a case where the separation of the sewer system is something that we have been looking at for some time. This event just brings this section of it up and floats, if you will excuse the pun, to the top and says this is something that we need to work on now.

Mr. Denny said there was sewage in the water.

Mr. Belcher said when we talk about a combined sewer, it has both sewage and storm water and when you have an event like that, when it overflows, you have both. This program that we are talking about will separate those systems so you certainly wouldn’t have the sanitary sewage coming out of the sewers anytime you have a big flood like that. That is the whole issue of what this program is about in trying to correct that. It the mean time it corrects the storm water site too.

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Mr. Brandgard asked, is there consent? Consent given.

Mr. Jeff Garland at 816 S. Raceway Road said I apologize for being late to the meeting. I thank you for the opportunity to make a statement here. The property at 816 S. Raceway Road has had septic problems since I purchased the property in 1996. There was a comment in the paper made this past week that I knew about the problem before I purchased the property. That was a misquote. In 1997 you folks went about putting together a project to incorporate the sewers out there. That was unbeknownst to me and some of the neighbors out there. That is part of the reason that a lot of the meetings that we have at this level and also at the County level a lot of the residents don’t go to the meetings so they don’t know what is going this way and what is going that way. I want to say I appreciate the work that you guys have done with Mr. Whitaker and Mr. McPhail in working on a plan. I didn’t get a chance to say that but I want to say that today and I thank you for that opportunity.

At this time they are putting some storm drainage in the Glen Ellen Addition, which that could relieve some of the problems that we have in that area. But that still doesn’t take away from the fact that sewers are needed in that area. Making progress on that I think will be beneficial not only to myself but the homeowners that are in that area. I thank you for your time.

Mr. Brandgard said we appreciate your comments. You don’t have to apologize for being late to the meeting. This is a pretty open meeting. You come and go as you please but we do appreciate you coming in even if you come in to listen to what is going on. It is a help and you are right one of the problems that we have is getting the message out to everybody about what is going on. We have been working to address that at least within the Town with our Town’s newsletters and information vehicles that we have. We are trying to get things out on the web site also.

Mr. Garland said Mr. Whitaker mentioned that he would have a proposal tonight that we could review so hopefully I can see that as well. With the cost that it would take to extend that line northward. Hopefully that is available and then I do have neighbors that are willing to look at that and make that investment moving forward.

Mr. Brandgard asked, is Mr. Whitaker going to have that available this evening?

Mr. Belcher said I might have misunderstood what was committed to for tonight. We already had an estimate of the cost at the last meeting for this first section. It would involve Mr. Garland’s property. We are trying to accelerate that portion because of the nature of that particular issue. Mr. Whitaker has been working on an overall plan at the same time and he presented a draft to me already but we wanted to handle these in two steps. One to try to have a meeting with Mr. Garland and any of his neighbors, the first seven or eight, who would be willing to come. And then have another meeting with a larger area type meeting once we have the full Glen Ellen layout done, etc. So, we are not prepared to talk about the overall Glen Ellen yet but we are ready to talk about Mr. Garland and his neighbors regarding the first phase. So, we have just been waiting probably to set up and try to call and get the neighbors in here on a convenient night. So, any help you could give us would really be appreciated. I know you have done a lot already in terms of communicating with your neighbors, etc. and that is where we are now.

Mr. Whitaker said we are ready to meet with the first group of property owners. I think there is a three-week gap between this meeting and the next Town Council meeting. But certainly in that period we would like to go ahead and have this initial meeting and perhaps even have a chance to see if they have any other issues, etc. So, we can address those and get a chance to come back to the Council at the next meeting with some information and interest that exists there. So, we are ready to go with that phase immediately. The other one Mr. Belcher does have the draft. We are adding a few things to the draft but with Mr. McPhail not being here tonight we just felt like we ought to wait on that one until he is here. But we are ready to go ahead with the other one.

Mr. Garland asked, is that something that we can do with or without these gentlemen present?

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Mr. Brandgard said it would probably be done without us. At your convenience we will try to get it together.

Mr. Whitaker said we will try to get with you at the end of the meeting and check calendars.

Mr. Brandgard said that’s not saying some of us might not be in attendance with you but it won’t be an official meeting such as this. One thing Mr. Carlucci we might do is add Mr. Garland to our mailing list for the Town’s newsletter.

Mr. Carlucci asked, Mr. Garland what is your zip code?

Mr. Garland said it is 46231. It is an Indianapolis address, a Plainfield phone number, the kids go to Avon and we pay Hendricks County taxes.

Mr. Denny said I would just like to be clear on what you are planning on doing. The Town is going to look into buying the land and making that a retention area?

Mr. Brandgard said yes.

Mr. Denny asked, when will we know something?

Mr. Carlucci said I can explain a little bit of the procedure. We will have to get with Mr. Belcher and he will have to get with a surveyor to survey the property. We don’t know how that property is divided. We will have to do some legal description before we know what we want to buy. Then we have to have two appraisals by State law come in and appraise the property. We can offer the average of the two appraisals and then that property would be ours. I don’t think there is any doubt that the Town, if it had to, could condemn that property and take it for this purpose. That is a standard local government purpose. It takes a little while to get the legal descriptions. It is probably in one tract is my guess. We would have to have a separate legal description and decide what the boundaries are and what they want to purchase, which requires some survey work to go out there and take some readings, quarter sections, etc. And then the Council will approve us to go forward with the appraisals and then we will acquire the property. In the interim Mr. Belcher will start working on the design. So, it doesn’t move as quickly as we would like but again the appraisals take time. If the church decides the averages of those two appraisals are not to their liking, then we could end up in court. But we will go forward and see what we can do.

Mr. Denny asked, can they still legally keep dumping dirt in it?

Mr. Carlucci said all you have to do is call us again. My number is in the phone book so if you see them dumping dirt, you can call me at home.

Mr. Denny asked, are they suppose to be dumping dirt there?

Mr. Carlucci said we have been trying to keep them from dumping more dirt in there. They told me they were going to put ball fields in there and a sports area down there. But they were bringing the wrong kind of material and those trucks were chewing up the roadway too.

Mr. Ward said they destroyed the sidewalk there too.

Mr. Carlucci said so if you notice them, just call me.

Mr. Brandgard said thank you for coming in. As I said before, we enjoy having citizens come in and visit us during the meeting, if nothing else, just to sit and listen to what is going on. We are sorry that you had to come in under these circumstances but at the same time we will work to correct it.

TOWN MANAGER’S REPORT

Mr. Brandgard said as Mr. Carlucci is coming up, at the last meeting we opened the bids for the new water plant. We are still going through and reviewing the bids so maybe at the next meeting we will have a decision.

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Mr. Carlucci said I provided the Council members in your binders, and I provided one to Mr. Young earlier, the Columbia Road Memorandum of Understanding. I also tonight put a revised Columbia Road MOU on your table. Let me go through some of the history of this. Mr. Belcher and Mr. McGillem have been following this a lot more than I have. The INDOT project is to build the Six Points interchange. The interchange is in the terminal area and relocating I-70. To that extent INDOT took control of Six Points Road from Six Points Road over past basically to Stafford Road. We had several meetings with INDOT and I would characterize those as less than cordial over what their plans were for Six Points Road. They were going to take a non-limited access right-of-way, which by the way they haven’t purchased from us even though it is a road inside the Town’s limit, and convert that to a limited access roadway. Which means no access, if I’m correct on that characterization. So, Mr. McNaught, the developer of Airwest Business Park, his property goes from Stafford Road all the way down to Reeves Road, all on the west side of the roadway. So, Mr. McNaught was in a little bit of a quandary because now they took all of his access away. So, the Town in an effort and Mr. McNaught in an effort to get the value out of his property and the Town in an effort to maintain the road system, we are looking at putting together a new road called Columbia Road. Columbia Road will start basically by Reeves Road. You have maps there and it kind of makes some turns and comes up basically across the creek and goes to the west side of the property and comes all the way north to Stafford Road. As a matter of fact, if you go out there now, you can see where they have started to do the work. Although it came to a grinding halt today. I don’t think they worked out there today. It was important for the Town to still have a flow of traffic north to south running parallel with Six Points Road.

In the interim we have written, at Mr. McNaught’s request, a couple of letters to the U.S. Fish and Wildlife Services. We did whatever Mr. McNaught wanted us to do on this because he had some habitat and wetland issues to resolve. If you know Fish and Wildlife, it is the last pound of flesh that they want and he gave them what I consider some of the best wetlands they could possibly have for that bat habitat and they wanted more on top of it.

So, that kind of brings us to the memorandum of understanding. As Mr. Daniel is aware, of the rest of the Staff has been tied up with water bond issues, sewer bond issues and the Galyan’s project. As a result of that we did not give the MOU the attention that it needed. Over the weekend I suggested some changes to Mr. McNaught at the last minute. Mr. Daniel incorporated those into the new MOU. The memorandum is pretty straightforward but se did not price out the cost of the water and the cost of the sewer that he has asked us to put in. It is one thing that he would like for us to do because of the cost and the acreage that he had to give up to get this road in there. It benefits the Town because we want that road going through there. It’s not all water and it’s not all sewer but we did not price it all. It was unfair for me to ask Mr. Belcher to do that when he has other things to do. I was hoping that he had those numbers but he did not so we can’t give you those numbers, which really do need to be plugged in. We need to have an understanding of those numbers just so you know what that agreement is. I don’t know if this needs to be done today. I tried to encourage him all along that I think the Council is open to this agreement but without giving you those numbers I would be asking you to approve something without knowing what those numbers would be and I feel uncomfortable in doing that.

One thing that we also had to do out there is, because of the restrictions that Fish and Wildlife was putting on there to make this work normally, we would require a sixty-foot dedicated right-of-way for that roadway. To help get this project moving forward and not to make it where you have so much land tied up in road that you have nothing left to develop. Because that was exactly what was going on. We agreed to reduce it to a 50-foot right-of-way and he would provide us with the necessary overlaying water and sewer easements so that he could make that project work.

I also want to compliment the airport authority because every step of the way they have done everything that they could to help make this project move forward. They have given land. They moved buffer zones. They have also written letters to Fish and Wildlife and they have no more success with Fish and Wildlife or INDOT than we do at times. So, to that extent they have been real partners in trying to get that land to be developed. The reason that Mr. McNaught got some of that land from the airport is because they wanted land on the east

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side of the roadway. In essence with the bat habitat buffer on the east side of Newby Lane Park and the west side of Mr. McNaught’s property the restrictions were so much it would just be hard to put anything in there. But again you do have those memorandums. I don’t believe that we will have anymore changes except we do not have the numbers on the water and sewer. Mr. McNaught has gone so far with this and I know he doesn’t want this delayed but if you feel that you can express an interest in that, we will take a look at the numbers, and give him some idea that the Council is looking at this favorably. I think that would help because they are moving a lot of dirt.

Mr. Kirchoff asked, did he align his road, as we had talked?

Mr. McGillem said yes. The only thing that I would add is this is an important segment of our street system. If we don’t get this connection in from the end of Reeves Road where it connects right now to Six Points over to Stafford, all of the truck traffic will have to utilize Whitaker Road and then back down Stafford Road in order to utilize the new interchange. We will be getting a lot of truck traffic at that interchange. So, this is an important segment to maintain the integrity of our street network system in that area.

Mr. Belcher said the only thing that I would add on the water and sewer that he is asking us to construct there is other ground out there that will benefit potentially from this line. We have the whole north side of Stafford Road. We have areas east of the new north/south corridor so if you decide to go forward at some point and we can afford to do that, getting under that corridor before it is there, would be the kind of things that we would be looking at. So, it wouldn’t only be for this project but it would be something that would begin to service that entire area. That is how we would look at it.

Mr. Brandgard said I think from the Town’s viewpoint Mr. McNaught came in and proposed this to us some time ago and we told him that we agreed that this is something that we need to do and go forward with. I think he is ready to go forward with it and we have the memorandum of understanding that sets out what he is going to do and what we are going to do. So, I think we can give him the assurance that once we understand the costs that we would go ahead and approve the memorandum of understanding. I think that is a good thing to do and I think probably we should have that at the next meeting.

Mr. Young said I concur. We have worked with Mr. McNaught under several Marion County administrations expressing the importance of that thoroughfare. And have asked for INDOT’s cooperation over many years and not having achieved that this is the best solution to the conditions that exist today. I don’t believe that is the best condition out there but it is the best one that we can achieve. Understanding the realities I certainly concur that we should give Mr. McNaught a clear understanding that we support this memorandum of understanding.

Mr. Brandgard asked, is there consent? Consent given.

Mr. Carlucci said just a quick White Lick Creek Trail update, as you know, the Labor Day storm tore up underneath U.S. 40 pretty substantially. However, the wall is in tact and I think I forwarded you an e-mail from the engineer, Butler Fairman. We like the idea of extending the wall but we just don’t want to do it now. We want to fix the trail. If we get into extending the wall, it can take anywhere from three to six months to get a DNR permit. We don’t want to hold that off because the wall is solid so I think we can move pretty quickly on that.

In terms of the Warren Truss Bridge Harmon Steel came out and took a look at it. They fixed the railings and tightened up the bridge, the tension wires and straightened out the beams that were loosened because the tension wires loosened up. I think their quote was approximately $29,000.00. Mr. Belcher sent them an e-mail today and told them basically to get the paperwork put together to Butler Fairman and get them out here and get the bridge fixed. So, that we can get that part of it done in a pretty short order. Harmon Steel is the one that removed the bridge, dismantled it, brought it up here and reassembled it and put it back over the creek. So, you want someone familiar with that bridge. So, we have asked them to go ahead and go forward. We are still pushing Butler Fairman to get with Reith-Riley, which is the contractor that did the trail under U.S. 40. As you know, they are working out on Vestal Road. We hope to have a quote from them

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fairly shortly. After looking at it we think we can put that back together pretty quickly too once we get some quotes in.

One other related item was there was a Regional Transportation Council meeting last Wednesday. I was unable to go but they approved at that meeting, for their 2004/2006 fiscal year plan, a trail connector from the White Lick Trail to the Town Center District. It has been approved and it is 80% federal dollars and 20% local match. I believe it was close to $500,000.00 total for the entire project together. That is something that is very important to the Town in terms of bringing people up that trail to the Town Center District so that did get approved and I wanted to report on that tonight.

Going on in Indianapolis starting this Sunday was a mid state trail conference. It is three or four of the mid western states having a trail conference. Plainfield was set up for a Sunday bike trip where Butler Fairman, the Town and Mr. Hickam, the Trustee were going to meet at Hummel Park. This is a pre-conference activity. We were going to come out to Plainfield and bring our bikes and roller blades and they were going to traverse our trail system. We had to cancel it because we couldn’t get them to go where we wanted them to go. Diana Virgil had set this up. She is one of the stalwarts behind the B&O Rails to Trails Project. I just said with the bridge in the condition that it was in and Mr. Hickam said they lost some trail so we had to cancel it. It is not much but they had a lot of damage that I saw pictures of today along the creek where the creek took huge chunks of their streambeds. There is a session tomorrow where I will be one of the speakers in terms of safety and trails as a part of quality of life. So, I will be at that trail conference. I think that session starts at 1:30 tomorrow. I am one of four speakers to tell a good story about Plainfield’s trails.

REPORTS

Mr. Ward said I was by the interurban building today and it looks like it is pretty well ready to occupy. Mr. Prince is going to report on that.

Mr. Kirchoff said last week I had an opportunity to attend a couple of meetings. I didn’t see the paper tonight but Councilman Young tells me that we had some press concerning the north/south corridor meeting. It was attended by the County Commissioners, County Council, County Planning Commission, Town Councils and the Plan Commissions for Brownsburg, Plainfield and Avon who were all invited. We heard a presentation by HNTB to put a joint study together to see what that corridor should look like. I thought it was an informative meeting and well done. It begs the question of who pays for what? But it was time well spent. And then there is a follow-up meeting I believe next week to begin to talk about where do we go from here? I think it is encouraging. I think they have some neat concepts that will perhaps make that north/south corridor stand out.

Mr. Brandgard said it was a good meeting. I think, as far as I was concerned, I felt it was preaching to the choir. I think if the County and the municipalities along the north/south corridor can get together with a memorandum of understanding and lay out that corridor and the zoning beside it so that it has the cohesiveness, over time that will work for the benefit of everybody and is good.

Mr. Kirchoff said and it was not one size fits all for the whole corridor, which I thought was important.

Mr. Brandgard said it allows for each entity to design what it feels their community wants. My only concern is how long is it going to take to develop the north/south corridor?

Mr. Kirchoff said I thought your comments were pertinent. We support building it and floating a bond ordinance and getting it done. I made copies for all of the Council members, Mr. Daniel, Mr. Belcher and other Staff members of the presentation and their proposal for the study itself. If there are any comments, we would appreciate it.

The second meeting was Thursday of last week. Mr. Belcher, Mr. Higbee and Mr. McGillem and I attended the downtown oversight committee. We are basically trying to get that oversight committee take some ownership and get started on some of the things. One of the positive things that came out of it was we got to talking about the commitments that the Town has already made. I felt like we helped them

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understand some of the dollars that we have spent and what we have done with Ron’s TV and what we are doing with Clement. We talked about the park. They had not seen the old Town park. We are going to try to do a little bit better job of keeping them up-to-speed on the types of things that we have done in the Town to support the efforts. I felt that was time well spent as well. One of the things that came out of that was there were comments made that there is a very strong desire to see us do some striping for parking downtown. So, I told them I would get that to the appropriate Staff member. Particularly not on U.S. 40 but off-street, the side streets. Mr. Young may want to add to that but the local merchants would really appreciate some striping downtown to designate parking areas.

Mr. Castetter said I think we plan on doing some of that with the paving this year. We have stripers coming in to do the striping and we will be looking at that as part of the paving this year.

Mr. Kirchoff said I think our next meeting is the 16th of October and I committed that we would let them know what our plans were by that day. So, if you could let me know sometime in that time frame, that would be helpful. I would like to close the loop with them. But it was a good meeting and good enthusiasm. I think there is a lot of neat interest there.

Mr. Higbee said that meeting is the last meeting that Staff is going to initiate. That is a good thing. What is going to happen is that committee will elect a chairperson who will then set the agendas and initiate the meetings. We will be going to many of those meetings but we will not be the ones in charge from that point forward. So, it really shows which direction this project is going.

Mr. Brandgard said I think that is a very good element to the whole process.

Mr. Kirchoff said we communicated pretty strongly that we wanted to see that done. We referred them to the plan itself and there are pages of the plan in there that detail tables of who does what by when and what responsibilities we have and what responsibilities they have. We challenged them to move forward.

The last thing that I had was to follow-up on Mr. Belcher’s report. Your scope of work document on Center Street I assume that we will keep Mr. Hickam in the loop the same as we are looking at Hummel so that we will have an idea of what we are thinking about.

Mr. Belcher said exactly. That entrance to their park is really critical in that segment.

Mr. Brandgard said you triggered a thought. Where are we in trying to obtain the parking area east of our lot across the street? Does anybody know?

Mr. Daniel said we got appraisals back on that and I sent a letter to Bob Church. That is owned by a company Bob Church and Linda Palmer are involved in. Apparently they have changed their address but the post office finally got it to him. He called me and asked me if I would send out another one to the different address and I did probably a week or two ago. We can get the corporation together and report the Town’s interest and offer.

Mr. Kirchoff said he is on the steering committee and he is very interested in seeing us getting some things done. He was one of the people talking about the parking so I think that would be high on his priority list.

Mr. Daniel said he said as soon as the board from the company got together he would let me know.

Mr. Young said Monday a week ago on September 15 the Board of Police Commissioners met and I was present. During that meeting there was a report by the chief and staff. I had mentioned and kept the Council updated that there was some restructuring and some reorganization in the United Drug Task Force. The interim report is that is working well. So, we are encouraged by progress thus far. Credit was given to cooperation by the appropriate people involved.

The second item was that if you are traveling Plainfield and you see some unusually marked cars, even though we are the center for the

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State Police academy, we are test driving various makes of automobiles from the manufacturer. So, you will see us cruising the streets in cars with generic markings that could say this is a factory squad car, etc. So, that is to open the bidding process for the next round of car purchases. Those cars are being evaluated and those evaluations are being conducted. I would predict that the recommendation will be that we not buy all of one brand but there will be a mix due to the duties and the different shifts. We might have a few of one and a few of another, which will probably be a good thing involving dealerships. They have been encouraged by the commissioners and it is being followed. We are supporting the local merchants through this process and letting them provide input where appropriate.

This next item is an adjunct to my previous comment and that is expect between now and the end of the year, and probably sooner than later, the chief will be coming to this Council with a presentation. There was a very positive discussion with the board of commissioners about establishing the traffic division and the wisdom of doing that. What I’m talking about are motorcycles. When I was asked my opinion, I said we have had that in the past and it has been less than successful. And that we certainly want our general operations manual and our rules and our plan and our program geared to success, if we presented it to the Council the next time. So, I’ve been assured that there will be no presentation until any questions this group would ask or the citizens would ask that they would be addressed in a very professional positive manner. Including the rational of why it is needed and why it is needed now. This is kind of a precursor to let you know that to do the policing of our trail way systems, to do the policing of our community, to do the policing that is needed from this day forward they felt that this might be an appropriate time to refresh ourselves and bring that forward. So, I will leave it to the chief to come to this group when he has a solid and good complete program that will succeed.

The next item is one that is a Plainfield success. I had the time to be able to attend with the Town Manager and the Town Council President the open house of Bombay. It is a company that has a distribution center that is approximately a half million square feet. I think it is 600,000 square feet but anyway it is large. They were wonderful hosts. They are approaching a billion dollars worth of sells in the foreseeable future. It was interesting to me to hear from the president of their organization who flew in from Dallas for the opening that they had looked at several states. They had looked at more than one site inside the State of Indiana and from a competitive situation Plainfield was able to compete with some of the larger regions in the United States. So, to hear from someone from Dallas tell me how good we are in terms of competing for projects was heartening so I thought that was worth the report.

Mr. Prince said hopefully you received an e-mail regarding pricing, which was really labeled 2004 Fees and Charges for Parks and Recreation.

The topic that we talked before, the interurban building, is substantially complete. Although we haven’t occupied the building yet we are going to start getting requests for rentals of that building.

In addition, we have been telling the public for quite some time that October 1 we would announce the pricing for the recreation center. We continue to get calls and I think we can all understand because people want to know what the fees are going to be to use the recreation center.

Thirdly this next month we will start setting up the computer network that we will use to operate the recreation center, the database. I know Councilman Kirchoff was involved with the selection of that software. We are going to spend the remainder of the year plugging in street names, etc. into this software. So, the first day we use it our residents are pleased and they can walk through and we can give them the services that they want quickly. At least that is what we are trying to do. Hopefully, you can open the attachment, and this is not much different than what was submitted at budget time, but there are a few differences in there. Hopefully, you threw away the old one. I find it helpful to get rid of the old document and look at the new. That is what I provided as an attachment to the e-mail to the Council. I hope that you had time to look at that. I’m ready to answer any questions because I will more than likely have a detailed answer for how we came up with this package. It was not something that was approached lightly. A lot of thought went into this at many different

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levels. I know that I, and I speak for a few other people, was very pleased with the package that we are offering to our residents. We think it is fair and we think it covers all the different needs that exists for people who are going to want to purchase day passes and memberships and also the rates for our interurban station.

Differences from previous years is that I have elected with your approval to go to an hourly rate to reserve our outlying properties, shelters and the Friendship Gardens’ gazebo. This is because we have more than one person who wants to rent the shelter on the 4th of July and we find out that the people who reserved the shelter don’t use it for the whole day. So, we thought if we went to an hourly rate, we might be able to accommodate more of our residents with our two shelters, with our gazebos and with our interurban building, etc.

Councilman McPhail is not here but we have been finding that people are using our athletic fields sometimes and charging fees and holding tournaments and we wanted to get a better grasp on that. We wanted to let people know that we established a rate to use those properties as well. That those come with a cost. When they are used, we have to maintain them and we spend a lot of money in the off season maintaining those fields. We wanted to put a price on the use of that property that is owned by the taxpayers. So, there is a price associated with that. You will see some of those things in there.

There are some blanks that say “to be announced.” There are some blanks that say “varies.” One of these you might see in there was “negotiated occupancy.” The Town might decide to run a swim team some day or we might find that somebody in the Town is doing a fabulous job already with a swim team like our baseball groups. We might want to negotiate occupancy of our swimming facility with that group. What I suggested in the e-mail was anything on here that wasn’t approved by the Council would have to come before the Town Council. Hopefully, I would have a document for you at that time and be able to give you a narrative and we could decide what those rates would be for special circumstances. I would answer any questions that you might have.

Mr. Ward said I think a lot of people have done a lot of work on this. There have been focus groups involved. I can’t tell you how many hours have been spent on this. Mr. Prince has and Avatar has put a lot of work into it too. I think it is something that we ought to approve and go on with and make changes as needed. If we see something is not working, we can go another direction.

Mr. Kirchoff said I agree. I think it is well done. I have some clarification questions. When you are talking about rounding to the nearest dime, I’m not sure I would mess with dimes. Do something that makes it simple on yourself.

Mr. Prince said we can work in quarter/dollars. That is typically done. I don’t disagree with that. Our software is going to allow us to round, not that we are going to hire people that can’t make change, but the those point of sale machines will tell them how much to give back. But I couldn’t agree more. Let’s make it easy and deal in quarters.

Mr. Kirchoff said I’m not sure I understood your third point on your e-mail about waiver of fees. Are you going to bring every waiver of fee to the Town Council?

Mr. Prince said Mr. Carlucci and I talked about this a little bit. The recreation center is going to rely on people paying us fees and charges to help offset the cost. Anything that we give away really will result in more tax dollars needed to operate the facility. At the same time Plainfield is a community blessed with a lot of groups that are doing great things in our community. I’m blessed as the Parks Director of all of the organizations that are helping us in the Parks and Recreation Department. We wanted to offer one place we could say yes you can meet free. We thought the interurban depot would be a great place for that. What we fear is where do we draw that line? What is a civic group from Plainfield that is acting in the best interests of the community from the goodness of their heart? What I came up with, and I talked to Mr. Carlucci about, is I think if a group wanted to go to the trouble to stand before the Council and ask for permission to use the facility free, I think we would be guaranteed that it was our Plainfield residents and our civic groups that got permission to use that building. That would be the only building that I’m proposing that anybody gets to waive fees on.

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Mr. Kirchoff said I’m comfortable with what you are saying and I trust your judgment.

Mr. Prince said I would gladly do that with your permission.

Mr. Brandgard said it may be for the first year we may want to have it in here and then after that for the Staff to establish ground rules.

Mr. Kirchoff said or give us a report of when you have done it.

Mr. Prince said another option might be to put something in advance on your Consent Agenda and you can pass it that way.

Mr. Kirchoff said I truly trust your judgment and if you want to give us a monthly or quarterly report that you have done it, that is fine.

Mr. Young said I concur.

Mr. Kirchoff said this summer I was swimming at Mooresville and I ran into a friend of my daughter’s and she has a season pass for their pool. The thing that I didn’t see here was a season pass for just the pool usage. Did you consider that? It was considerably less than a family pass for everything.

Mr. Prince said we considered that. We happened to think that we would not be charging much less to use the outdoor aquatic facility by itself than we would to use the entire facility. That is how we arrived at the pricing. The outdoor aquatic center is going to require a pretty large staff just to open the gates. When you started breaking it down one more level to the outdoor aquatic center only, what this pricing reflects is that for just a small amount of money more you would have been able to purchase the entire recreation center in order to make the pricing simpler, when you came in and we tried to describe to you that is just the summer rate. What is going to be proposed ultimately is you can purchase your pass three months, six months, nine months and 12 months. So, really you would only have to pay three months of that pricing and then decide not to be a member anymore. So, the pricing that you are seeing is based on a 12-month fee but we are going to allow you to do it and see how that works out. If we do it three months at a time, we are going to satisfy the people who are thinking I just want to do the outdoor pool but we are going to let them use the indoor facility.

Mr. Kirchoff said that puts you in the price range that Mooresville was with that approach.

Mr. Prince said with so much more I would say.

Mr. Carlucci said if there is open gym, you can go to the open gym. You can use the indoor pool. You could go to the skate park.

Mr. Prince said with any of these memberships you get the skate park.

Mr. Kirchoff asked, are you going to have requests to rent the horseshoe court?

Mr. Prince said I plan in advance for what may occur. When you reserve a shelter or you draw a bid obviously our athletic fields, our tennis courts and our horseshoe courts are all free. But there is going to come a day like happened this year where we found out that people were attempting to earn a profit on what we consider taxpayer facilities. We want to be able to tell somebody that you can have a horseshoe tournament and here is the price for those courts. I seriously doubt that anybody is going to want to reserve a horseshoe court but this is pretty comprehensive pricing so we put a value on it.

Mr. Ward made a motion to approve the fee structure for the Parks and Recreation Department as proposed and presented this evening. Second by Mr. Kirchoff. Motion carried.

Mr. Prince said Mr. Ward asked me to comment about the interurban building. I’m actually waiting to hear from Mr. Carlucci that it has been turned over to us. I think the last punch list items were minimal. We are talking about four or five items, some light fixture

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covers, some wire screens, some exit lighting, etc. But we are very close to having that building complete. The tables and chairs and amenities for the inside have been ordered and we are going to be ready to start reserving that especially after you have approved the pricing.

Mr. Carlucci said I have a lot of people backed up already who want to get into that building.

Mr. Prince said if you read the last sentence of my e-mail, I suggested that it would be nice to hold a Council meeting at the interurban building. We could set up the chairs and that would be a good ribbon-cutting ceremony and it would be a good chance to showcase the facility but I will leave that up to you.

Mr. Young said one thing about this is I have had conversations with Councilman Ward about the American Legion who was the donor of the building. They are wanting to bring the commandant of the American Legion out to have an American Legion ceremony event during this quarter of this year when it is ready. He has kept Lloyd McDaniel and others informed and I think we all need to know that those people who were our benefactors have watched the progress with interest. And they are basically reporting support and pleasure with what we have done with the building because of its historical preservation.

Mr. Carlucci said Mr. Jerry Childers who is the contractor has done a good job. The date that I was looking at before is October 29 for the ribbon cutting. The plaques have been ordered. The plaque on the outside is to indicate this building is on the National Register for Historic Places. We would do this in the afternoon.

Chief Anderson said Trustee Mick Hickam asked me to bring the agreements for fire and EMS protection between the Town and the Township tonight and present them to the Council. The trustee and his board have signed these. They are both 2003 and 2004 agreements. They have signed them so I’m just presenting them for the Council to review and sign.

Mr. Daniel asked, are these the same ones that we have used in the past or do you know?

Chief Anderson said yes. I don’t believe there are any changes to those. I know in 2003 there is wording in there regarding payment for the full amount in November of this year because of the situation. Other than that I believe that they are the same as the previous year.

Mr. Brandgard said you might want to comment on the events of last week. I think a lot of effort was put into trying to save a business but unfortunately it didn’t work out to everyone’s liking.

Chief Anderson said as of today, as far as the investigation goes, it is still ongoing. No cause has been determined. There are actually four buildings that are tied together. If you start in the front, there is the Illuminations, the showroom for the lighting. Immediately behind that is the old house, which was the offices of Trent Electric. Attached to that was a building where some of the vans were parked inside and where supplies were stored. Attached to that with all of these buildings going north was a fourth building. The fourth building was unaffected. It was protected. Al’s Body Shop, which was very close on the west side was protected and the building on the right on the east side was protected also. The information was when we first received phone calls, there was smoke coming out of the building. What the investigators have revealed so far is the fire probably started somewhere in that third building. That is where the heaviest fire damage is. The fire went up and traveled through the upper levels of those three buildings. There was such a large fuel load combustible materials in there that it got going rapidly and traveled rapidly before anybody noticed it. We received calls from people on the street seeing smoke coming out of the building but it started actually probably in the third building back. There was a large amount of fire going on when we arrived.

Mr. Belcher said I have some photographs if you wanted to see them and if you wanted them on the screen right now. I had taken some the day after. They are pretty amazing when you look at them.

Mr. Brandgard asked, how many departments assisted?

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Chief Anderson said we had Wayne Township, the Brownsburg fire territory, Avon, Washington Township and the Indianapolis Airport firefighters actually helped on the scene. Mooresville sent a pumper up to fill in at the station while we were at the scene.

Mr. Belcher said because of the building codes we were interested in what happened. (He began reviewing the pictures taken on the scene at this point and time.)

Chief Anderson said the area just behind the dumpsters sitting there in the middle is where we believe the fire started somewhere in this area, which this building is all one building. It is the third building to the north. Most of the damage was in that area. This is the area the investigator believes the fire originated. We don’t have an exact cause. We may never know. Some fires you just never know an exact cause. It traveled up. Once it travels up it is an obstacle that is going to travel horizontally. It is the area of least resistance.

Mr. Belcher said that is the one where we were the most amazed. That is the firewall.

Chief Anderson said this is the firewall. This is the building. This is the fartherest to the north. It was protected by the firewall.

Mr. Belcher said it is the difference between a newer building and an older one in terms of the codes that it was built under.

Mr. Brandgard said I think that is probably the most dramatic picture I have seen of a firewall working.

Chief Anderson said one of the indicators of how hot a fire can get is the different metals, their melting temperatures. Some steel supports in there were sagging. We are talking in excess of 900 degrees.

Mr. Belcher said here is the other side of that same wall.

Mr. Kirchoff said I understand it was close to a gas tank.

Mr. Belcher said the gas was on the back of the last building wasn’t it? At the very end of the building that didn’t burn they had a gas tank there at the north end.

Chief Anderson said I never got to the north end. I know we had some barrels of solvents, combustible solvents that were right next to the building, the body shop next-door. There were eight vans backed in under the roof and I know they spent a long time documenting each one of those and pulling them out one at a time to try to either confirm or eliminate as one of the vehicles being the cause of the fire. They did eliminate the vehicles. That is the west side between the body shop and the area of the fire

Mr. Brandgard said you did a fine job in looking at how hot it was that it didn’t jump to the other buildings.

Chief Anderson said the basic approach to a situation like this is our number one issue is life safety to deal with and you deal with that however you can. Whatever is the best and most efficient way to do that. If there is not a life safety issue, then the next thing is to protect the exposures for what is not burning. You can do that a couple of different ways. Some of those are going to be the buildings next to it or part of that building that is not burning yet, we protect that. One of the things that we were able to do was to protect the records of the business, which helps them to get back up and operating. That is one of the things that we look at if there is not a life safety issue. And if we can get into the business area to the records can we get them out or protect them?

Mr. Young said Mr. Carlucci shared with me that we have a typical water load so they can calculate how much water you put on a spot. I have always been impressed with our million-gallon tank and we used a half million of those gallons on that fire.

Chief Anderson said after Mr. Castetter told us that we tried to calculate the nozzle flows that we were running in the time period that we were running them and it comes to about the same thing.

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Mr. Castetter said our towers didn’t suffer at all. During the whole time of the fire our pumpage was up and we had plenty of water.

Chief Anderson said one of the things that I wanted to point out is the communication system. Our move to the 800 system and integration with the MECA system we operated seamlessly with the airport and Wayne Township with no problem. We had to hand Brownsburg a couple of radios so that we could talk to them but we hope someday that they are integrated into our system somehow. But the communications worked really well. We had divided up into four sectors. One of battalion chiefs was running the whole operation and another one of our battalion chiefs was operating a sector and then battalion chiefs from Wayne Township and Avon were operating another sector. They were all coordinating with the overall on scene commander. We always like to do it better so I always do a review. Here is what we had, what did we do and what can we do better?

Mr. Brandgard said the overall comment is we try and build things to work and you hope you never have to use them but when you do have to use them, you hope everything works together. This kind of proved from a coordination of the fire departments that it worked. The water did what it was supposed to do and we hoped that it would do when it was needed. So, I think we have a pretty good system in place. Thank you.

Mr. Lydick said on the Consent Agenda this evening we had an issue about an unpaid leave of absence. Our Court Administrator called me on Friday under a lot of stress after hearing about her three-year old child being very ill. She was concerned about whether or not she was going to be able to fulfill her duties on a full-time basis. This is the reason we made this request for the unpaid leave of absence. Over the weekend after analyzing the situation and developing alternative plans, etc. she does not think it is going to be necessary to have any extended leave of absence. One issue is this particular week this employee was off for maternity leave back in May through August and had completely exhausted her 12 weeks of family medical leave that has been provided. One of the requirements of the Family Medical Leave Act is that you use up all vacation, all paid time before you go into an unpaid status. So, as of right now, she has no paid leave time. She does not think it is going to be possible to work her 40 hours in this week. She anticipates by next week that she will be able to be on a flexible schedule that Judge Spencer is usually willing to share with her that she will be able to continue working full-time. But because she does not have any leave time left she would not be able to work the 40 hours. We need to have some kind of unpaid leave granted and this is something that has only been authorized by the Town Council. I don’t have that authority to grant unpaid leave. I mentioned in the Consent Agenda about the possibility of how this would effect benefits. But I’m willing to recommend that if it is only going to be for one week, that we not be concerned about the benefits for that short period of time. I’m asking if it is permissible for her to have unpaid leave during this week, possibly as many as 20 hours without any loss of benefits?

Mr. Young made a motion to cooperate with the recommendation of our Human Resources Director and grant our employee in need one week of unpaid leave with benefits. Second by Mr. Kirchoff. Motion carried.

Mr. Belcher said this is a plat of a lot that Mr. Al Rumley owns. It also shows CR300S on the south side of that. As I explained in the report, Mr. Rumley is going to attempt to try to get the boards that he needs to go through to approve building another duplex on this lot that he already owns. He already has one duplex on it. He would like to build another one very similar next to it. This is not obviously a question about approving that tonight. It is only a question about the issue of the land. As I started looking at this and talking to him about it, one of the things that came up is we realized that CR300S at one time is where we were going to put the new Perry Road or the new expansion of that new road that is complete. After we went through some public hearings and people said that isn’t where we would like it to be we rethought that and built the road where it is now, which is on the back of the duplexes. Before that time when the subdivision was made there, we had required them to plat a wide right-of-way on their side knowing that at that time we thought the road was going to go straight down CR300 and curve like it does now south of the doubles. So, there is an existing 40-foot right-of-way, half right-of-way, which we were going to try to fit those four lanes through that plus getting some homes on the south side of the road. Again, that was all part of our decision in moving the road north as it was a better route. What

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we have is an excess right-of-way there. What Mr. Rumley will need I believe in order to make his project work is as few variance requests as he can gain. In other words make it fit under the ordinances that we have in place. One way to do that is to grant him potentially some of that right-of-way back that we had taken at the platting process some time ago. Basically the proposal here shows going from an existing 40-foot half right-of-way to a 25-foot half right-of-way, which is what we would normally require on a local street. Twenty-five on one half and 25 on the other. We are only going down to what the ordinance requires on a local street. That is the first point.

The second is what you see in the crosshatched area there is an area that he doesn’t need. He does maintain it and he maintains it very well right now. He is not interested in continuing to maintain it so that is why he is interested in coming to us. One reason is obviously to help him get the double approved and also to possibly shed a piece of land to us that he really can’t use. My thoughts are can we possibly arrange to take a piece of land from him in exchange for a right-of-way vacation? So, that we would get the land that he would like to give up. I will show you these photos to see if you think this is a good idea or not. This is currently what we own on the railroad right-of-way and this is looking back to the east toward the end double. That is the one owned by Mr. Rumley. All of the green space that you see there and all of the pavement is within this area that we are talking about. It begins to be relatively a large area when you look at it from that standpoint. When you start to assemble these small pieces, you can see from where I’m standing, all public right-of-way and the paved section on the right is public right-of-way. You can see the sidewalk coming down Perry Road that is constructed and it ties into the pavement there. But the double lot in the distance is the one owned by Mr. Rumley and he wants to put one more right next to that one. We have like a 100-foot right-of-way coming up from the railroad right-of-way that dead ends right into this spot. We have a local street that now dead ends. You can see there is a gate down there that we put in as part of the Perry Road project so that people wouldn’t come down there and dump, etc. Essentially we have turned this road that you see on the right foreground into a road that now is a local neighborhood street. It doesn’t get very much traffic. It is never going to be a thoroughfare like we thought essentially. So, you take that right-of-way, the railroad right-of-way and this triangular piece and this exception, to me you have assembled a pretty good size piece of land that has something that we could potentially utilize. I’m not proposing a park but I think a trail head on that end of Town would basically be a very good entry point and a very highly visible point for us to advertise that we have a trail right there near Perry Road. Again, it wouldn’t bring a lot of traffic to the neighborhood, maybe a small parking lot or something like that. And we already have a gate and we can protect it if we want to close it off, etc. But that is my concept of why you should be interested in this. Of course, his desire and needs are different and that is another BZA/Plan Commission question that still would have to be answered. If the Council was not interested at all with this, I told him he would rather know this now than to go and spend money to acquire permits and applications, etc. that he would have to go through for his other question to be answered. In a nutshell that is the request or the thoughts tonight. You can see there is a large ditch on one side of that, which can be piped and filled and create a lot more space. We already have some pavement and an existing six-foot wall coming down and the existing pavement is probably 20 some feet wide that we are not using. That is the last double there. You can even see we had them build a frontage road anticipating that road going through there and only having one access point. So, some of those things are already in place.

Mr. Carlucci said in addition to the 14,000 square feet that is crosshatched how big would this piece be together if you put both pieces together?

Mr. Belcher said it depends on how we would shape it. If you were to go back into the railroad right-of-way 100 feet or so, you might double the size easily. So, that is pushing a half of acre. Forty thousand square feet is an acre so we are going to push a half-acre using our current public rights-of-way and sort of assembling them into a cohesive plan. The question before you tonight is only the question if you are interested in this kind of arrangement to pursue this? Or if you need more information, I would be glad to get that for you but he doesn’t want to go forward and I don’t blame him. There are a lot of applications to fill out and forms to go with the other question that he has to get answered.

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Mr. Brandgard said after driving by there yesterday and paying attention to what I was looking at I think that is a good idea. When we get the trail done out there, that is something that we are going to need.

Mr. Belcher said on the east side of Town we don’t have a lot of places for somebody to access the trail. Mr. Rumley came tonight and if he wants to say anything, I certainly would yield the floor to him.

Mr. Rumley said I would be happy to answer any questions about the unit we are putting in there, if you want to ask questions about it. I can tell you what it consists of. It is just like the ones that are there.

Mr. Kirchoff asked, is this any closer to the road itself? As I drive Perry Road now, it seems to be a bit close.

Mr. Rumley said it will be the same distance. Actually it is 21.17 and the one that is there is 23.63 so actually it is just a little bit farther away, not a lot but some. If everything goes through, I will start that in the spring and in three to four months I will have it done.

Mr. Young said when I got Mr. Belcher’s e-mail, I was unclear exactly where this was and took a drive. I understood the rational of the land swap arrangement. I certainly think the rational of combining the Town properties to make a trailhead is one that is worthy of support. Restricting any of our residents because of past decisions that will never happen I think is onerous and should not continue. Making the best of the current situation up there certainly would have my support. Like Mr. Kirchoff said things are kind of tight out there and we are designing Perry Road to be a thoroughfare.

Mr. Kirchoff asked, does it impact our long-range plan of going four-lane on that side?

Mr. Belcher said no.

Mr. Young said in terms of the overall concept presented in your e-mail I felt that it was worthy of support.

Mr. Brandgard asked, is there consent to move in that direction? Consent given.

OLD BUSINESS

Ms. Mitchell said at the last meeting I presented the Council with a proposal of the document imaging. Is that still under review? Is there anything that you need from us to help determine whether we are going to be able to do it?

(First tape ended at this point and the second tape resumed under New Business).

NEW BUSINESS

Mr. Daniel said you may recall, I’m not sure if I reported on this or not, but Doug Meyer is representing Gene Clement on the Clement Electric property. I’ve talked to him a couple of times. They are willing to accept the average of the appraisals that are required on that property. They would like to remove a couple of buildings, neither of which have a foundation. They are willing to clean up the property. They would also like to take anything that is useful on the inside of the permanent building. With that in mind the purchase agreement is not prepared yet but if the Council would like to go ahead and act on that under the assumption that we can get a proper purchase agreement put together, we can do that tonight.

Mr. Ward asked, what was the average on that amount?

Mr. Carlucci said I think both were the exact same amount.

Mr. Daniel said I don’t think that was the Clement property. I think part of the reason was that they got one and we got one on that Clement property.

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Mr. Carlucci said no I was right. Our two appraisals were the same amount and their appraisal was higher.

Mr. Daniel said that may be right.

Mr. Kirchoff made a motion to move forward with the purchase agreement for Clement Electric and authorize Councilman Robert Ward to be the signatory. Second by Mr. Young. Motion carried.

Mr. Daniel said we have been working with Mr. & Mrs. Ronnie Elmore on the Pike Lane property. They had that appraised to begin with and thereafter we had it appraised. They had it appraised by Lawson and we had it appraised by Mark Keutzer. The average of those two appraisals was $167,650.00. I prepared a purchase agreement. You are aware of the fact that there is a former Shouse Landfill on the north side of the property. That property by the way is 13.6 acres. The purchase agreement that I prepared allows the Town to have that inspected for environmental concerns, etc. And to the extent that if the Town in its sole discretion determines that property is not fit for the use the Town would want made of it, then we can cancel the purchase agreement. With that former Shouse Landfill up there I really think it is important that the Town satisfies themselves one way or another for what they think the effect of that landfill would be. If you would like to go forward with that on that basis, I have a purchase agreement prepared.

Mr. Kirchoff asked, are they aware of our thought process on that?

Mr. Daniel said yes. They have also asked for a copy of our appraisal and, of course, both the Lawson appraisal and the Keutzer appraisal mention the fact that the former Shouse Landfill was on that property.

Mr. Kirchoff asked, are we restricted by any time limits on that?

Mr. Daniel said yes we have 60 days. Does that sound too short Mr. Carlucci?

Mr. Carlucci said if we started today to IDEM about some type of waiver, we can never get anything done in 60 days.

Mr. Daniel said we could change the time limit to whatever you think is appropriate.

Mr. Carlucci said I would try 120 days because I don’t know what to tell them otherwise.

Mr. Young said since I do not sense a competitive arena of people trying to acquire this piece of land what is the rational to say that we wouldn’t get the IDEM waiver before we entered a purchase agreement?

Mr. Daniel said I don’t disagree with that.

Mr. Kirchoff said because potentially we don’t know what we are facing here.

Mr. Young said on this one my recommendation would be that we authorize the Town to proceed to inquire with the IDEM mechanism to get the waivers of any liability on the landfill before we proceed with the purchase agreement.

Mr. Kirchoff said I would advise the Elmore’s.

Mr. Brandgard said everything is subject to what we find out on that.

Mr. Young said this is not a well thought initiative but it is one that came as a result of the recent Labor Day event. This Town has suffered ice storms where we have had massive clean-up efforts with chainsaws trying to clear streets. We have suffered tornado damage to properties. We have just recently survived floods and suffered damage. We have millions of dollars worth of Town buildings that house treatment facilities and pumping facilities and water towers, headquarters buildings and the Town Hall are insured. But we have a lot of value out there that is not in a building like the trail system and we also have streets and roads and pipes, etc. And I wanted to know the wisdom of having the Town, not this month but over time, look into

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between now and next year’s budget sessions at a stop loss insurance for catastrophic events? We don’t want to pay large dollars to protect small assets but we have some value here. So, we took the ice storm and sucked it up and it came out of various pockets and we have taken care of the tornado damage with trees, etc. So, I would like mightier minds than mine to think about it as to whether there is wisdom in that. We have towers and a lot of value here that we could suffer and I’m not sure that we always can be able to take it on the chin ourselves. And I’m not sure that we would want to so if there is wisdom in that, I would like for us to at least think about that. If it is throwing good money after bad, I’m willing to allow the wisdom reviewing it to do that. But we have been pretty fortunate as a community. We have been nicked pretty hard over the years and we have always been able to survive but as we mature, as a Town, and grow into a larger and larger infrastructure, we are not covered on everything. And at least looking at that might have some merit to at least examine it. If you examine and say it is a bad idea, I can live with that.

Mr. Brandgard said I think it is a good thought and something that we ought to look at.

Mr. Kirchoff asked, have we sent the thank you letters out to the people we talked about thanking for their hard efforts?

Mr. Carlucci said we sent them to Russ Lawson. That letter went out. I got a little delayed on the Town employee letter but that will go out and we will add Trent Electric to that in addition to it. I hope to have that done by the end of the week.

ORDINANCES Mr. Young made a motion to suspend the rules for Ordinance No. 31-2003 to allow for the second and third reading and adoption. An Ordinance Amending and Restating In Part Ordinance No. 18-2003 and Ordinance No. 27-2003 to Provide for Financial Guaranty Insurance for Sewer Revenue Bonds. Second by Mr. Kirchoff. Roll call vote called.

Mr. Ward – yes Mr. Kirchoff – yes Mr. Young – yes Mr. Brandgard – yes Mr. McPhail – absent

4-ayes, 0-opposed, 1-absent. Motion carried.

Mr. Ward made a motion to approve Ordinance No. 31-2003 on its first reading. An Ordinance Amending and Restating In Part Ordinance No. 18-2003 and Ordinance No. 27-2003 to Provide for Financial Guaranty Insurance for Sewer Revenue Bonds. Second by Mr. Kirchoff. Roll call vote called.

Mr. Ward – yes Mr. Kirchoff – yes Mr. Young – yes Mr. Brandgard – yes Mr. McPhail – absent

4-ayes, 0-opposed, 1-absent. Motion carried.

Mr. Kirchoff made a motion to approve Ordinance No. 31-2003 on its second reading. An Ordinance Amending and Restating In Part Ordinance No. 18-2003 and Ordinance No. 27-2003 to Provide for Financial Guaranty Insurance for Sewer Revenue Bonds. Second by Mr. Young. Roll call vote called.

Mr. Ward – yes Mr. Kirchoff – yes Mr. Young – yes Mr. Brandgard – yes Mr. McPhail – absent

4-ayes, 0-opposed, 1-absent. Motion carried.

Mr. Ward made a motion to approve Ordinance No. 31-2003 on its third reading and adoption. An Ordinance Amending and Restating In Part Ordinance No. 18-2003 and Ordinance No. 27-2003 to Provide for Financial Guaranty Insurance for Sewer Revenue Bonds. Second by Mr. Young. Roll call vote called.

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Mr. Ward – yes Mr. Kirchoff – yes Mr. Young – yes Mr. Brandgard – yes Mr. McPhail – absent

4-ayes, 0-opposed, 1-absent. Motion carried.

Mr. Young made a motion to suspend the rules for Ordinance No. 32-2003 to allow for the second and third reading and adoption. An Ordinance Amending and Restating In Part Ordinance No. 20-2003 and Ordinance No. 28-2003 to provide for Financial Guaranty Insurance for Water Revenue Bonds. Second by Mr. Ward. Roll call vote called. Mr. Ward – yes Mr. Kirchoff – yes Mr. Young – yes Mr. Brandgard – yes Mr. McPhail – absent

4-ayes, 0-opposed, 1-absent. Motion carried.

Mr. Ward made a motion to approve Ordinance No. 32-2003 on its first reading. An Ordinance Amending and Restating In Part Ordinance No. 20-2003 and Ordinance No. 28-2003 to provide for Financial Guaranty Insurance for Water Revenue Bonds. Second by Mr. Kirchoff. Roll call vote called.

Mr. Ward – yes Mr. Kirchoff – yes Mr. Young – yes Mr. Brandgard – yes Mr. McPhail – absent

4-ayes, 0-opposed, 1-absent. Motion carried.

Mr. Kirchoff made a motion to approve Ordinance No. 32-2003 on its second reading. An Ordinance Amending and Restating In Part Ordinance No. 20-2003 and Ordinance No. 28-2003 to provide for Financial Guaranty Insurance for Water Revenue Bonds. Second by Mr. Ward. Roll call vote called.

Mr. Ward – yes Mr. Kirchoff – yes Mr. Young – yes Mr. Brandgard – yes Mr. McPhail – absent

4-ayes, 0-opposed, 1-absent. Motion carried.

Mr. Ward made a motion to approve Ordinance No. 32-2003 on its third reading and adoption. An Ordinance Amending and Restating In Part Ordinance No. 20-2003 and Ordinance No. 28-2003 to provide for Financial Guaranty Insurance for Water Revenue Bonds. Second by Mr. Young. Roll call vote called.

Mr. Ward – yes Mr. Kirchoff – yes Mr. Young – yes Mr. Brandgard – yes Mr. McPhail – absent

4-ayes, 0-opposed, 1-absent. Motion carried.

OTHER BUSINESS

Mr. Brandgard said we have the agreement to furnish fire protection rescue service and emergency ambulance service to Guilford Township for 2003 and 2004. It has been reviewed and found to be okay.

Mr. Kirchoff made a motion to approve the contracts for emergency to furnish fire protection rescue service and emergency ambulance service to Guilford Township for 2003 and 2004. Second by Mr. Young. Motion carried.

ADJOURNMENT

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Mr. Kirchoff made a motion to sign the necessary documents and adjourn. Second by Mr. Young. Motion carried.

Meeting adjourned.

__________________________________ Robin G. Brandgard, President

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