Zionsville Architectural Review Committee (ZARC)

PUBLIC NOTICE OF A MEETING OF THE ZIONSVILLE ARCHITECTURAL REVIEW COMMITTEE Tuesday, July 27, 2021 8:00AM (Local Time) THIS PUBLIC MEETING WILL BE CONDUCTED ONSITE AND ELECTRONICALLY AS ALLOWED BY VARIOUS EXECUTIVE ORDERS OF THE GOVERNOR OF INDIANA AND GOVERNOR HOLCOMB’S EXERCISE OF HIS POWERS UNDER INDIANA’S EMERGENCY MANAGEMENT AND DISASTER LAW, IND. CODE 10-14-3, et seq. ADDITIONAL INFORMATION REGARDING THE MEETING IS PROVIDED IN THE ANNEX PUBLISHED WITH THIS NOTICE. Members of the public shall have the right to attend the Zionsville Architectural Review Committee Meeting via the following form of electronic communication: Please click the following link to join the webinar: https://us02web.zoom.us/j/81355965838 Webinar ID: 813 5596 5838 Or by Telephone at the following numbers: +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 9128 or +1 253 215 8782 or +1 346 248 7799 Masks are optional for employees and visitors to Zionsville Town Hall and Town of Zionsville facilities. Those attending meetings in Town Hall conference rooms are not required to wear mask EXCEPT when an attendee requests others to wear a mask. If you feel unwell or are experience COVID-19 symptoms, please stay home.  ANNEX TO THE NOTICE FOR THE JULY 27, 2021, MEETING OF THE ZIONSVILLE ARCHITECTURAL REVIEW COMMITTEE In his various Executive Orders, Governor Eric J. Holcomb has ordered all political subdivisions of the State of Indiana to limit public gatherings and to implement the Centers for Disease Control and Prevention’s and the Indiana State Department of Health’s recommended virus mitigation strategies. The Executive Orders suspend certain requirements for Essential Governmental Functions that facilitate Essential Infrastructure with respect to public meetings and open door laws, including suspending physical participation requirements by members of public agency governing bodies and permitting public attendance through electronic means of communications. As a political subdivision of the State of Indiana, the Zionsville Architectural Review Committee (the “ZARC”) must comply with the Executive Orders throughout the duration of the COVID-19 Public Health Emergency. According, all public meetings of the ZARC shall be conducted in the following manner until the end of the COVID-19 Public Health Emergency: 1. Members of the public shall have the right to attend ZARC Public Meetings via the following forms of electronic communication: When: Tuesday, May 25, 2021 @ 8:00 am Eastern Time (US and Canada) Topic: Zionsville ZARC Meeting Please click the following link to join the webinar: https://us02web.zoom.us/j/81355965838 Webinar ID: 813 5596 5838 Or by Telephone at the following numbers: +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 9128 or +1 253 215 8782 or +1 346 248 7799 2. Members of the public shall have the option of recording their attendance at the ZARC Public Meetings via electronic roll call at the start of the meeting or via e-mail at rkilmer@zionsville-in.gov 3. If a member of the public would like to attend a ZARC Public Meeting, but cannot utilize any of the access methods described above, please contact Roger Kilmer at 317-690- 6539 or at rkilmer@zionsville.gov for assistance. 4. The ZARC will continually revisit and refine the procedures in this Annex to address public accessibility to ZARC Public Meetings during the COVID-19 Public Health Emergency. 5. If you need technical assistance in logging into Zoom for this webinar, please contact Joe Rust, at jrust@zionsville-in.gov  AGENDA ZIONSVILLE ARCHITECTURAL REVIEW COMMITTEE July 27, 2021 8:00 AM I. CONVENE II. RECOGNITION OF QUORUM III. ADOPTION OF AGENDA IV. APPROVAL OF MINUTES A. May 25, 2021 ZARC Meeting B. June 22, 2021 ZARC Meeting V. REPORTS A. Financial Summary VI. OLD BUSINESS A. ZARC Façade Grant Packet: Includes Boundary Map B. Additional funding for: 1. COhatch Project at 75 North Main Street 2. Tipsy Mermaid at 135 South Main Street VII. NEW BUSINESS A. Introduction and discussion of measures required to continue electronic meetings. VIII. NEXT MEETING A. 8:00 AM on August 24, 2021 IX. ADJOURN Zionsville Architectural Review Committee - Meeting Minutes Location: Virtual and In-Person Tuesday, May 25th, 2021 ATTENDEES: Committee Members Present: • Cara Weber • Tom Casalini • Todd Rottmann • Carol Mullet • Steve Herron • David Rausch Committee Members Absent: • Mike Billig • Steve Freeland Others Present: • Roger Kilmer, Town of Zionsville • Jerry Williams, Strongbox Commercial • John Tousley, Visitor/Member of VRA and • Geoff DeSmit, Axis Architecture Historic Preservation Commission • Wayne Delong, Town of Zionsville • Heather Lusk, President ZVRA • Tim Lai (Architect for 75 North Main) • Lindsey Phipps, Strongbox Commercial • Mark Zelonis, ZVRA • Paul Kite, Strongbox Commercial • Darin Lanich, David Raush Studio President Todd Rottmann opened the meeting at 8:01 am. A Quorum was present. MEETING AGENDA and MINUTES: A new agenda was reviewed, and a motion to adopt the agenda was made by Cara Weber and seconded by Carol Mullet. Motion was approved unanimously. The April 27th, 2021 meeting minutes were reviewed. A motion to adopt the minutes with one minor modification regarding previously provided documents was made by Steve Herron and seconded by Carol Mullet. Motion was approved. Revised minutes will be provided for the record at a later date. REPORTS: The ZARC Financials were reviewed for 2021. $50k is available and additional funding has been approved but is not yet documented or noted in this report. With one pending payout of $25k for 75 N. Main street, this leaves $25k available for ongoing/forthcoming applications with the current funds in the document. Two additional projects of interest noted on the financial report, but no dedicated monies. The new and additional 2021 budget funding will help accommodate current and proposed projects, and will be documented once finalized. OLD BUSINESS: 1. ZARC Boundaries • Letters and documents were put on the record and discussed collectively from local Residents and ZVRA members. • Village Resident, John Tousley, joined in-person at the meeting and spoke on the topic  of the proposed boundary revisions and descriptions. • A new map and new written descriptions will be provided at the next meeting for added clarity from the ZARC and Town. • A motion to continue this discussion to a future meeting was made by Tom Casalini and seconded by Carol Mullet. Motion was approved. 2. 75 North Main Street – COHATCH Zionsville & North High • David Rausch recused himself from this meeting, as he represents another applicant on the agenda. • The April meeting approved the maximum $25,000 with the knowledge that additional funding was being requested and is being considered by ZARC • An additional $25,000 is being requested by the applicant, however, since there are multiple applications and protentional projects on the agenda and horizon, it was discussed to take all projects into consideration before committing to a full, and additional, $25,000. • A motion to continue this approval until a later date when all new business and information associated with the other potential recipients were heard and considered was made by Tom Casalini, and seconded by Steve Herron. Motion was approved. 3. 135 South Main Street – Tipsy Mermaid • David Rausch remains recused and presented on behalf of the applicant • ZARC reviewed the final application and information, and considered the official request of a total amount of $38,000 • A motion to approve the maximum $25,000 with the opportunity to obtain additional funding, similar to what is being considered for 75 N. Main street, was made by Tom Casalini and seconded by Cara Weber. Motion was approved NEW BUSINESS: 1. 95 E. Oak Street – Nicholson Orthodontics • The applicant team of Strongbox Commercial and Axis Architecture presented the project to ZARC committee members and is requesting $25,824 as 40% of the total funds for the appropriate scope of the project. • It was made clear that ZARC will not be able to participate until the project successfully navigates a Board of Zoning Appeals Hearing and Planning Commission Hearing. • ZARC members discussed the project at length with the applicant in an effort to guide the applicant as to where direction may lean if the project is approved through the aforementioned hearings. Items discussed included, but were not limited to, the following topics: • Considering the intent of the addition – should it “exactly match” or “be completely different”? The applicant is to consider and adjust accordingly. • Siding, Colors, Columns, Windows (location, grids, size, etc) • Roof pitches and requested renderings for more clarity in 3 dimensions • A motion to continue this review to a later date when more can be provided by the applicant (regarding both feedback from the above and updates on hearings) was made by Steve Herron, and seconded by Tom Casalini. Motion was approved. NEXT MEETING DATE: The next meeting is scheduled for 8:00am, Tuesday, June 22nd, 2021. ADJOURN: With no other new business, a motion to adjourn was made by Cara Weber at 10:26 am and seconded by Tom Casalini. Motion was approved unanimously. Respectfully submitted, Steve Herron, Secretary Zionsville Architectural Review Committee - Meeting Minutes Location: Virtual and In-Person Tuesday, June 22nd, 2021 ATTENDEES: Committee Members Present: • Steve Freeland • Tom Casalini • Todd Rottmann • Carol Mullet • Mike Billig • David Rausch Committee Members Absent: • Steve Herron • Cara Weber Others Present: • Roger Kilmer, Town of Zionsville • Michael Seachrist (spelling?), Resident President Todd Rottmann opened the meeting at 8:12 am. A Quorum was present. MEETING AGENDA and MINUTES: A new agenda was reviewed, and a motion to adopt the agenda was made by Tom Casalini and seconded by David Rausch. Motion was approved unanimously. The May 25th, 2021 meeting minutes were not available at this time, and so they will be reviewed at a later date. REPORTS: The ZARC Financials were reviewed for 2021. $100k is now documented as the total available funding, with two pending payouts of $25k each: one for 75 N. Main street, and one for 135 S. Main street. This leaves $50k available for ongoing/forthcoming applications. OLD BUSINESS: 1. ZARC Boundaries • The revised map and official “Façade Grant Program Summary” were reviewed • It was discussed at length, the intent of this program to provide assurances to the public that this is not a change that has any mal intent on Village residences or any agenda to change the fabric of the relationship between business and homes. This is a program intended to benefit the VBD (Village Business District) and extend the program to those business that had previously been unable to take advantage of the grant money. i. All maps and documents are available on the public record for a full review and interpretation. • A few more language items were discussed to be modified by the Town • A vote to adopt the new map and description will take place at the July ZARC meeting  2. Additional Funding for 75 North Main Street (CoHatch) and 135 South Main Street (Tipsy Mermaid) • David Rausch recused himself from this meeting, as he represents one of the applicants on the agenda. • The prior meetings approved the maximum $25,000 for each applicant with the knowledge that additional funding was being requested and is being considered by ZARC • Another $25,824 is being requested by a third applicant (95 E. Oak Street) • BZA hearing 7/7/21 • Plan Commission hearing 7/19/21 • With David Rausch recused (and uncertainty with Steve Freeland’s virtual attendance) there was not a quorum available to vote on the additional funding; however, it was mutually agreed upon that $25,000 should remain available for 95 E. Oak street and the excess funds for 2021 could then be considered as additional funding for each of the applicants in question. This will be re-considered at a later date. NEW BUSINESS: 1. No New Business NEXT MEETING DATE: The next meeting is scheduled for 8:00am, Tuesday, July 27th, 2021. ADJOURN: With no other new business, a motion to adjourn was made by Tom Casalini at 9:01 am and seconded by Mike Billig. Motion was approved unanimously. Respectfully submitted, Steve Herron, Secretary  2021 ZARC Financials Date: 7/26/2021 Starting Balance: $100,000.00 Requested Grant ZARC Approved Grant Applicant PENDING Pay Out Amount Amount 75 N. Main Street: Additional Funding to $25,000.00 $50,000.00 COhatch Project be Considered. (4/27/2021) 135 S. Main Street: Additional Funding to $25,000.00 $38,520.00 Tipsy Mermaid be Considered. (5/25/2021) 95 E. Oak Street: $25,824.00 To be determined Nicholson Orthodontics TOTAL $50,000.00 FAÇADE GRANT PROGRAM SUMMARY July, 2021 1  FAÇADE GRANT PROGRAM Table of Contents: Grant Opportunities for Building Owners (the why) Grant Program Summary Program Objectives Four Step Process Application Checklist and Timeline Façade Grant Boundary Map Grant Procedures (the how) Grant Approval and Dispersal Procedures Eligibility & Boundaries Grant Details for Building Owners (the minutiae) (addendum) Architectural Facade Design Guidelines Application Appendices: Application Façade Design Guidelines Agreement and Completion Form 2  FAÇADE GRANT PROGRAM GRANT PROGRAM SUMMARY The Zionsville Architectural Review Committee has a $50,000 annual budget. The purpose of the program is to offer monies to property owners in the downtown village business district as an incentive to rehabilitate their building facades. This money comes from the Food & Beverage Tax and is specifically earmarked for downtown improvements. The Façade Grant Program provides grants of up to 40% of the qualified expenses for projects with a maximum cap of $25,000.00. The Zionsville Architectural Review Committee has been established by the Town Council to administer the program. The committee will administer the program as summarized in the Four Step Process document and in accordance with the Architectural Façade Design Guidelines. Final determination of eligibility shall rest with the Zionsville Architectural Review Committee. Eligibility for the program should initially meet three criteria:  The rehabilitation project property must be within the boundaries of the Façade Grant Boundary Map as depicted on page 8. All existing non one- and two-family buildings within the ZARC boundaries are eligible.  The rehabilitation project must be visible from a public way.  The rehabilitation project must contribute to the character of the building as well as the character of the Town of Zionsville Business District. 3  FAÇADE GRANT PROGRAM GRANT PROGRAM OBJECTIVES  Stimulate Zionsville Village Business District investment through rehabilitation of commercial buildings by offering financial and limited technical assistance for façade improvements.  Maintain and expand the contribution of the Zionsville Business District to Zionsville’s economy by providing a pleasing aesthetic for the downtown district that attracts new businesses and consumers.  Promote architectural appreciation through rehabilitation of Zionsville Village Business District properties using practices that conserve the existing building stock and encourage the enhancement of historic or distinct architectural features.  Encourage and help initiate aesthetic improvements by assisting with the cost of rehabilitation of an existing and/or new infill façade. 4  FAÇADE GRANT PROGRAM GRANT PROGRAM FOUR STEP PROCESS The four-step process helps summarize the Zionsville Downtown Façade Rehabilitation Grant program administered by the Zionsville Architectural Review Committee (ZARC). 1) Application Information and an application for the rehabilitation program may be obtained from the Department of Planning & Building at the Zionsville Town Hall, 1100 W. Oak Street, Zionsville, IN 46077. Information, including the application, may also be found at www.zionsville-in.gov. Upon its completion, the application may be returned to the Department of Planning & Building. 2) Review / Approval The application will be reviewed by the ZARC. See the ZARC Grant documents for detailed requirements and the distribution of funding. 3) Confirmation Upon review and approval, ZARC will notify the applicant that the project may proceed. Visits will be arranged throughout the project process to maintain fidelity to the plan. 4) Execution / Payment Once the project is deemed completed, the owner/tenant will contact the Department of Planning & Building and will fill out the project completion form. Receipts for project costs must be presented at this time. Members of ZARC will then inspect and review the project to ensure that the rehabilitation was completed as approved. After inspection and upon final approval, the Director of Planning & Building will request the Zionsville Clerk-Treasurer to disburse the applicable funds at next available funds release date. 5  FAÇADE GRANT PROGRAM APPLICATION CHECKLIST  Complete and Submit Application  Get Quotes for Grant-Appropriate Portions of the Project  Get Materials Samples Where Possible  Review Application with a Committee Representative  Meet on the Building Site with an Architect/Member of Committee  Perhaps Get More Quotes and Material Samples  Present the Project to the ZARC Committee for Approval PROJECT TIMELINE FOR GRANT PROGRAM 6  FAÇADE GRANT PROGRAM GRANT APPROVAL AND DISPERSAL PROCEDURES 1. Grant inquiries should be directed to the Zionsville Director of Planning and Economic Development. 2. The Director will send the Application Letter, Application, and Guideline to interested applicants. 3. Application Fee: $50.00 (due at filing). 4. Returned Grant Applications will be copied and distributed to members of the Façade Review Committee for review (inspection of property and if deemed necessary, presentation/discussion with application) and action. Permanent grant files will be kept in the Department of Planning and Building. 5. The Façade Review Committee recommends, in writing, Grant applications to the President of the Zionsville Town Council. 6. Upon Town Council Approval, the Director shall forward the application to the Zionsville Advisory Plan Commission (if applicable), for its approval. Once Plan Commission approval has been obtained, the Director shall notify the applicant of the Grant award (cc: Zionsville Clerk-Treasurer with footnote date of Council’s, and if necessary, Plan Commission approval). Dispersal Procedure: 1. Grant award: A Single payment is made upon satisfactory completion of the project. The grant payment is up to 40% of the project. The percentage and exact amount of the match will be determined at the sole discretion of the Committee. The owner/applicant must match the grant award with personal funds (Ex: $20,000.00 project = at least $8,000.00). 2. To receive the grant payment the owner/applicant must: a. Notify the Zionsville Department of Planning and Building that the project has been completed. b. Present evidence of billings and receipts to the Department of Planning and Building that a minimum of 60% of the total cost of the project has been paid. c. Sign and submit the Project Completion Form. 3. If those conditions are met, the Director of Planning and Building will in turn: a. Present it to the Zionsville Architectural Review Committee for final approval b. Certify in writing to the Clerk Treasurer that the completed project has been approved and that a minimum of 60% of the total costs on the project has been paid with copies of the paid receipts and certification to be placed in the permanent files of the Department of Planning and Building. c. Sign and submit a claim form to the Clerk-Treasurer for payment of the approved grant. The claim form will be voted on at the next Town Council meeting, and after approval, will be paid at the next earliest funds release. 7  FAÇADE GRANT PROGRAM FAÇADE REHABILITATION PROGRAM BOUNDARIES 8  Town of Zionsville Facade Rehabilitation Program Program Application (2 pages) Applicant Name: Date: Applicant’s Mailing Address: Property Location: Applicant Email and Telephone Number: Total Estimated Cost of Rehabilitation Project: $ Total Estimated Cost of the Project Portion which meets the Eligibility Criteria: $ Grant Request: (Up to Forty (40)% of Qualified Project Expenses, Not to Exceed $25,000.00 $ Submittal Checklist (Complete project information on page 2 Summary Description of the Rehabilitation: • Project must be completed within one year of the award notification. • Grants are solely for Façade Rehabilitation, not maintenance or up-keep projects. Grants cannot be increased after notification of the initial award. • The Application Fee for Development Plan Approval by the Zionsville Advisory Plan Commission shall be waived for Village Façade Rehabilitation Projects approved by the Zionsville Town Council. Signature of Applicant Date If Applicant is not the Property Owner, please complete the following: The undersigned, , being the owner of record of the property commonly known as , hereby authorizes, , to file an application to the Town of Zionsville’s Grant Façade Rehabilitation Program. Owner Name: Owner Mailing Address: Owner Email and Telephone Number: Property Address: Property Owner Signature Date Application Filing Fee Due at Time of Submittal: $50.00  Town of Zionsville Facade Rehabilitation Program Program Application: Project Information To constitute a complete Application, please provide the following information. Attach drawings, specifications or other information as necessary to complete the information below: 1. Scope of Work and description of how the proposed rehabilitation meets the Program’s “Façade Rehabilitation Guidelines” for applicable project elements (attach additional pages and information as necessary): a. Storefronts: b. Windows: c. Entrances, Porches and Balconies: d. Roofs: e. Masonry: f. Wood: g. Ancillary Structures: 2. _____ Sketches/Drawings 3. _____ Legal Description & Title of property 4. _____ Historical Information (optional) 5. _____ Project Schedule 6. _____ Other (please describe) Application Filing Fee Due at Time of Submittal: $50.00 ARCHITECTURAL FAÇADE DESIGN GUIDELINES FAÇADE GRANT PROGRAM ZIONSVILLE, INDIANA Issued: 2009 Updated: December 6, 2012 Updated: July 22, 2021 Page 1 of 14 ARCHITECTURAL FAÇADE DESIGN GUIDELINES ZIONSVILLE, INDIANA INTENT and APPLICATION: To promote the rehabilitation of the facades of buildings located in the Zionsville Business District to maintain and enhance their architectural contribution to the character of the Business District. OVERVIEW: REHABILITATION IS DEFINED AS the act or process of making possible a compatible use for a property through repair or alterations while preserving those portions or features which convey its architectural values. 1. The character of a property will be retained or enhanced to contribute to the character of the Zionsville Business District. The removal of distinctive materials or alteration of features that characterize a property should be avoided. 2. Features that help a building contribute to the character of the Zionsville Business District in their own right should be retained or preserved. 3. Distinctive materials, features, and finishes that characterize a property should be preserved. Further, treatments that cause damage or removal to character defining materials will not be used. 4. Deteriorated historic features should be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature should match the old in design, color, texture, and, where possible, materials. Replacement of missing features should be substantiated by documentary and physical evidence. 5. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, should be avoided. 6. Additions and alterations: New additions, exterior alterations, or related new construction shall not destroy building proportion, scale, massing or materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the integrity of character defining elements of the property. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the property’s original character would not be adversely impaired. Page 2 of 14 GUIDELINES FOR FAÇADE REHABILITATION Introduction The Guidelines are intended to assist in applying standards to projects generally; consequently, they are not meant to give case-specific advice or address exceptions or rare instances. The Guidelines pertain to buildings of all sizes, materials, occupancy, and construction types; but apply to only exterior façade work. Rehabilitation begins with protection and maintenance, that work which should be maximized to enhance building and component retention. Next, where some deterioration is present, repair of the building's character defining materials and features is recommended. Finally, when deterioration is so extensive that repair is not possible, the most problematic area of work is considered: replacement of character defining historic materials and features with new materials. Definitions: Protect and Maintain: Protection generally involves the least degree of intervention and is preparatory to other work. Repair: Repair includes the limited replacement in kind--or with compatible substitute material- -of extensively deteriorated or missing parts of features when there are surviving prototypes Replace: Replace includes replacing an entire character-defining feature based on adequate pictorial or physical documentation with new material to re-establish the feature because the level of deterioration or damage of materials precludes repair. Alterations: Alterations include the selective removal of features of the building site that detract from the overall character. TECHNICAL STANDARDS FOR REHABILITATION A. Storefronts B. Windows C. Entrances, Porches and Balconies D. Roofs E. Masonry F. Wood Page 3 of 14 ARCHITECTURAL FAÇADE DESIGN GUIDELINES ZIONSVILLE, INDIANA A. STOREFRONTS Why important? 1. The storefront is usually the most prominent feature of a historic commercial building, playing a crucial role in a store's advertising and merchandising strategy. Although a storefront normally does not extend beyond the first story, the rest of the building is often related to it visually through a unity of form and detail. Recommended: 1. Identifying, retaining, and preserving storefronts--and their functional and decorative features-- that are important in defining the overall historic character of the building such as display windows, signs, doors, transoms, kick plates, corner posts, and entablatures. 2. The removal of inappropriate, non-historic cladding, false mansard roofs, and other later alterations can help reveal the historic character of a storefront. 3. Protecting and maintaining masonry, wood, and architectural metals which comprise storefronts through appropriate treatments such as cleaning, rust removal, limited paint removal, and reapplication of protective coating systems. 4. The limited replacement in kind--or with compatible substitute materials--of those extensively deteriorated or missing parts of storefronts where there are surviving prototypes such as transoms, kick plates pilasters, or signs. 5. Replacing in kind an entire storefront that is too deteriorated to repair--if the overall form and detailing are still evident--using the physical evidence as a model. If using the same material is not technically or economically feasible, then compatible substitute materials may be considered. 6. Designing and constructing a new storefront when the historic storefront is completely missing. It may be an accurate restoration using historical, pictorial, and physical documentation; or be a new design that is compatible with the size, scale, material, and color of the historic building. Not recommended: 1. Removing or radically changing storefronts--and their features--which are important in defining the overall character of the building so that, as a result, the character is diminished. 2. Stripping storefront of historic material such as wood, cast iron, terra cotta, carrara glass, and brick. 3. Replacing an entire storefront when repair or materials and limited replacement of its parts are appropriate. 4. Using substitute material for the replacement parts that does not convey the same visual appearance as the surviving parts of the storefront. 5. Removing a storefront that is unrepairable and not replacing it; or replacing it with a new storefront that does not convey the same visual appearance. 6. Creating a false historical appearance because the replaced storefront is based on insufficient historical, pictorial, and physical documentation. 7. Introducing a new design that is incompatible in size, scale, material, and color. Page 4 of 14 ARCHITECTURAL FAÇADE DESIGN GUIDELINES ZIONSVILLE, INDIANA B. WINDOWS Why important? 1. As one of the few parts of a building serving as an interior and exterior feature, windows are nearly always an important part of the historic character of a building. 2. In most buildings, windows also comprise a considerable amount of the historic fabric of the wall plane and thus are deserving of special consideration in a rehabilitation project. Recommended: 1. Identifying, retaining, and preserving windows--and their functional and decorative features-- are important in defining the overall historic character of the building. 2. Protecting, maintaining or repairing the wood and architectural metal which comprises - the window frame, sash, muntins, sills, or decorated jambs and moldings, and interior and exterior shutters and blinds - through appropriate surface treatments such as cleaning, rust removal, limited paint removal, and re-application of protective coating systems. 3. Making windows weather tight by re-caulking and replacing or installing weather- stripping. These actions also improve thermal efficiency. 4. If replacing an entire window that is too deteriorated to repair use the same sash and pane configuration and other design details. If using the same kind of material is not technically or economically feasible when replacing windows deteriorated beyond repair, then a compatible substitute material may be considered. 5. If the windows are completely missing, the windows may be replaced using historical, pictorial, and physical documentation; or be a new design that is compatible with the window openings and the historic character of the building. 6. If designing and installing additional windows, such design should be compatible with the overall design of the building. Not recommended: 1. Removing or radically changing windows which are important in defining the historic character of the building so that, as a result, the character is diminished. 2. Changing the number, location, size or glazing pattern of windows, through cutting new openings, blocking-in windows, and installing replacement sash that do not fit the historic window opening. 3. Obscuring historic window trim with metal or other material. 4. Stripping windows of historic material such as wood, cast iron, and bronze. 5. Replacing windows solely because of peeling paint, broken glass, stuck sash, and high air infiltration. These conditions, in themselves, are no indication that windows are beyond repair. 6. Replacing an entire window when repair of materials and limited replacement of deteriorated or missing parts are appropriate. 7. Failing to reuse serviceable window hardware such as brass sash lifts and sash locks. 8. Using substitute material for the replacement part that does not convey the visual Page 5 of 14 ARCHITECTURAL FAÇADE DESIGN GUIDELINES ZIONSVILLE, INDIANA appearance of the surviving parts of the window or that is physically or chemically incompatible. 9. Removing a character-defining window that is unrepairable and blocking it in; or replacing it with a new window that does not convey the same visual appearance. 10. Installing new windows, including frames, sash, and muntin configuration that are incompatible with the building's historic appearance or obscure, damage, or destroy character-defining features. C. ENTRANCES, PORCHES & BALCONIES Why important? 1. Entrances, porches and balconies are quite often the focus on the buildings primary elevations. Together with their functional and decorative features such as doors, steps, balusters and entablatures, they can be extremely important in defining the overall character of a building. Recommended: 1. Identifying, retaining, and preserving entrances, porches and balconies are important in defining the overall character of the building. 2. Protecting and maintaining masonry, wood, and architectural metal that comprise porches and balconies through appropriate surface treatments such as cleaning, rust removal, limited paint removal, and reapplication of protective coating systems. 3. Repairing porches and balconies by reinforcing the original materials. 4. Replacing in kind an entire entrance, porch or balcony that is too deteriorated to repair—if the form and detailing are still evident—using the physical evidence as a model to reproduce the feature. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. 5. Designing and constructing a new porch or balcony when the original porch or balcony is completely missing. It may be a restoration based on pictorial, and physical documentation: or the new design that is compatible with the original character of the building. 6. Designing entrances, porches or balconies when required by the new use in a manner that preserves the original character of the building style Not recommended: 1. Removing or radically changing entrances, porches or balconies which are important in defining the overall original character of the building so that , as a result, the character is diminished. 2. Stripping entrances, porches or balconies of original materials such as wood, iron, cast iron, tile and brick. 3. Cutting new entrances on a primary elevation. 4. Replacing an entire porch or balcony when the repair of materials and limited replacement of parts are appropriate. Page 6 of 14 ARCHITECTURAL FAÇADE DESIGN GUIDELINES ZIONSVILLE, INDIANA 5. Using a substitute material for the replacement parts that does not convey the visual appearance of the surviving parts of the original porch or balcony. 6. Removing a porch or balcony that is unrepairable and not replacing it, or replacing it with a new porch or balcony that does not convey the same visual appearance of the original. D. ROOFS Why important? 1. The roof--with its shape; features such as cresting, dormers, cupolas, and chimneys; and the size, color, and patterning of the roofing material--is an important design element of many buildings. 2. In addition a weather tight roof is essential to the long term preservation of the entire structure. Original roofing reflects availability of materials, levels of construction technology, weather, and cost. 3. All roof types and materials found in the Zionsville Business District generally can be seen from all sides and this consideration should be taken into account when repairing or replacing the original roof. Recommended: 1. Identifying, retaining, and preserving roofs--and their functional and decorative features--that are important in defining the overall character of the building. This includes the roof's shape, such as hipped, gambrel, and mansard; decorative features, such as cupolas, cresting chimneys, and weathervanes; and roofing material such as slate, wood, clay tile, and metal, and asphalt as well as its size, color, and patterning. 2. Protecting and maintaining a roof by cleaning the gutters and downspouts and replacing deteriorated flashing. Replacement of gutters and downspouts should match as closely as possible the original material, color and style. 3. Roof sheathing should also be checked for proper venting to prevent moisture condensation and water penetration; and to insure that materials are free from insect infestation. Providing adequate anchorage for roofing material to guard against wind damage and moisture penetration. 4. Repairing a roof by reinforcing the original materials which comprise roof features will also generally include the limited replacement in kind - or with compatible substitute material - of those extensively deteriorated or missing parts of features when there are surviving prototypes such as cupola, louvers, dentils, dormer roofing; or slates, tiles, or wood shingles on a main roof. 5. Replacing in kind an entire feature of the roof that is too deteriorated to repair - if the overall form and detailing are still evident - using the physical evidence as a model to reproduce the feature. 6. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. The substituted material should match the original style pattern and color of the original roofing material. 7. Designing and constructing a new feature when the original feature is completely missing, such as a chimney or cupola. It may be an accurate restoration using Page 7 of 14 ARCHITECTURAL FAÇADE DESIGN GUIDELINES ZIONSVILLE, INDIANA pictorial, and physical documentation; or be a new design that is compatible with the size, scale, material, and color of the building. 8. Installing mechanical and service equipment on the roof, such as air conditioning, transformers, and solar collectors, when required for the new use so that they are inconspicuous from the public view and do not damage or obscure character-defining features. Not recommended: 1. Radically changing, damaging, or destroying roofs which are important in defining the overall character of the building so that, as a result, the character is diminished. 2. Removing a major portion of the roof or roofing material that is repairable, and then reconstructing it with new material in order to create a uniform or "improved" appearance. 3. Changing the configuration of a roof by adding new features such as dormer windows, vents, or skylights so that the building’s character is diminished. 4. Stripping the roof of sound historic material such as slate, clay tile, wood, and architectural metal. 5. Applying paint or other coatings to roofing material which was originally uncoated. 6. Failing to clean and maintain gutters and downspouts properly so that water and debris collect and cause damage to roof fasteners, sheathing, and the underlying structure. 7. Allowing roof fasteners, such as nails and clips to corrode so that roofing material is subject to accelerated deterioration. 8. Permitting a leaking roof to remain unprotected so that accelerated deterioration of the original building materials--masonry, wood, plaster, paint and structural members-- occurs. 9. Replacing an entire roof feature such as a cupola or dormer when repair of the original materials and limited replacement of deteriorated or missing parts are appropriate. 10. Failing to reuse intact slate or tile when only the roofing substrate needs replacement. 11. Using a substitute material for the replacement part that does not convey the visual appearance of the surviving parts of the roof or that is physically or chemically incompatible. 12. Removing a feature of the roof that is unrepairable, such as a chimney or dormer, and not replacing it; or replacing it with a new feature that does not convey the same visual appearance 13. Creating a false appearance because the replaced feature is based on insufficient historical, pictorial, and physical documentation. 14. Introducing a new roof feature that is incompatible in size, scale, material and color Installing mechanical or service equipment so that it damages or obscures character- defining features; or is conspicuous from the public right-of-way. Page 8 of 14 ARCHITECTURAL FAÇADE DESIGN GUIDELINES ZIONSVILLE, INDIANA E. MASONRY Why important? 1. The longevity and appearance of a masonry wall is dependent upon the size of the individual units and the mortar. 2. While masonry is among the most durable of historic building materials, it is also very susceptible to damage by improper maintenance or repair techniques and harsh or abrasive cleaning methods. 3. Stone is one of the more lasting of masonry building materials and has been used throughout the history of American building construction. Brick varied considerably in size and quality. Historic mortar was generally quite soft, consisting primarily of lime and sand with other additives. Recommended 1. Identifying, retaining, and preserving masonry features that are important in defining the overall character of the building such as walls, brackets, railings, cornices, window architraves, door pediments, steps, and columns; and details such as tooling and bonding patterns, coatings, and color. 2. Protecting and maintaining masonry by providing proper drainage so that water does not stand on flat, horizontal surfaces or accumulate in curved decorative features. 3. Cleaning masonry only when necessary to halt deterioration or remove heavy soiling. 4. Carrying out masonry surface cleaning tests after it has been determined that such cleaning is appropriate. Tests should be observed over a sufficient period of time so that both the immediate and the long range effects are known to enable selection of the gentlest method possible. 5. Cleaning masonry surfaces with the gentlest method possible, such as low pressure water and detergents, using natural bristle brushes. 6. Inspecting painted masonry surfaces to determine whether repainting is necessary. 7. Removing damaged or deteriorated paint only to the next sound layer using the gentlest method possible (e.g., hand scraping) prior to repainting. 8. Applying compatible paint coating systems following proper surface preparation. 9. Repainting with colors that are appropriate to the building and district. 10. Evaluating the overall condition of the masonry to determine whether more than protection and maintenance are required, that is, if repairs to the masonry features will be necessary. 11. Repairing masonry walls and other masonry features by repointing the mortar joints where there is evidence of deterioration such as disintegrating mortar, cracks in mortar joints, loose bricks, damp walls, or damaged plasterwork. 12. Removing deteriorated mortar by carefully hand-raking the joints to avoid damaging the masonry. 13. Duplicating old mortar in strength, composition, color, and texture. 14. Duplicating old mortar joints in width and in joint profile. 15. Repairing stucco by removing the damaged material and patching with new Page 9 of 14 ARCHITECTURAL FAÇADE DESIGN GUIDELINES ZIONSVILLE, INDIANA stucco that duplicates the old in strength, composition, color, and texture. 16. Cutting damaged concrete back to remove the source of deterioration (often corrosion on metal reinforcement bars). 17. Repairing masonry features by patching, piecing-in, or consolidating the masonry using recognized preservation methods. Repair may also include the limited replacement in kind--or with compatible substitute material--of those extensively deteriorated or missing parts of masonry features when there are surviving prototypes such as terra-cotta brackets or stone balusters. 18. Applying new or non-historic surface treatments such as water-repellent coatings to masonry only after repointing and only if masonry repairs have failed to arrest water penetration problems 19. Replacing in kind an entire masonry feature that is too deteriorated to repair--if the overall form and detailing are still evident--using the physical evidence as a model to reproduce the feature. Examples can include large sections of a wall, a cornice, balustrade, column, or stairway. 20. If using the same kind of material is not technically or economically feasible, then a compatible material may be considered. Not recommended 1. Removing or radically changing masonry features which are important in defining the overall character of the building so that, as a result, the character is diminished. 2. Replacing or rebuilding a major portion of exterior masonry walls that could be repaired so that, as a result, the building is no longer original and is essentially new construction. 3. Applying paint or other coatings such as stucco to masonry that has been historically unpainted or uncoated to create a new appearance. 4. Removing paint from historically painted masonry. 5. Radically changing the type of paint or coating or its color. 6. Failing to evaluate and treat the various causes of mortar joint deterioration such as leaking roofs or gutters, differential settlement of the building, capillary action, or extreme weather exposure. 7. Cleaning masonry surfaces when they are not heavily soiled to create a new appearance, thus needlessly introducing chemicals or moisture into original materials. 8. Cleaning masonry surfaces without testing or without sufficient time for the testing results to be of value. 9. Sandblasting brick or stone surfaces using dry or wet grit or other abrasives. These methods of cleaning permanently erode the surface of the material and accelerate deterioration. 10. Using a cleaning method that involves water or liquid chemical solutions when there is any possibility of freezing temperatures. 11. Cleaning with chemical products that will damage masonry, such as using acid on limestone or marble, or leaving chemicals on masonry surfaces. 12. Applying high pressure water cleaning methods that will damage historic masonry Page 10 of 14 ARCHITECTURAL FAÇADE DESIGN GUIDELINES ZIONSVILLE, INDIANA and the mortar joints. 13. Removing paint that is firmly adhering to, and thus protecting, masonry surfaces. 14. Using methods of removing paint which are destructive to masonry, such as sandblasting, application of caustic solutions, or high pressure waterblasting. 15. Failing to follow manufacturers' product and application instructions when repainting masonry. 16. Using new paint colors that are inappropriate to the building and district. 17. Failing to undertake adequate measures to assure the protection of masonry features. 18. Removing non-deteriorated mortar from sound joints, then repointing the entire building to achieve a uniform appearance. 19. Using electric saws and hammers rather than hand tools to remove deteriorated mortar from joints prior to repointing. 20. Repointing with mortar of high portland cement content (unless it is the content of the historic mortar). This can often create a bond that is stronger than the historic material and can cause damage as a result of the differing coefficient of expansion and the differing porosity of the material and the mortar. 21. Repointing with a synthetic caulking compound. 22. Using a "scrub" coating technique to repoint instead of traditional repointing methods. 23. Changing the width or joint profile when repointing. 24. Removing sound stucco; or repairing with new stucco that is stronger than the historic material or does not convey the same visual appearance. 25. Patching concrete without removing the source of deterioration. 26. Replacing an entire masonry feature such as a cornice or balustrade when repair of the masonry and limited replacement of deteriorated of missing parts are appropriate. 27. Using a substitute material for the replacement part that does not convey the visual appearance of the surviving parts of the masonry feature or that is physically or chemically incompatible. 28. Applying waterproof, water repellent, or non-historic coatings such as stucco to masonry as a substitute for repointing and masonry repairs. Coatings are frequently unnecessary, expensive, and may change the appearance of historic masonry as well as accelerate its deterioration. 29. Removing a masonry feature that is unrepairable and not replacing it; or replacing it with a new feature that does not convey the same visual appearance. 30. Creating a false historical appearance because the replaced masonry feature is based on insufficient historical, pictorial, and physical documentation. 31. Introducing a new masonry feature that is incompatible in size, scale, material and color. F. WOOD Why important? 1. Whether as structural membering, exterior cladding, roofing, interior finishes, or Page 11 of 14 ARCHITECTURAL FAÇADE DESIGN GUIDELINES ZIONSVILLE, INDIANA decorative features, wood is frequently an essential component of older buildings. 2. Because it can be easily shaped by sawing, planing, carving, and gouging, wood is used for architectural features such as clapboard, cornices, brackets, entablatures, shutters, columns and balustrades. 3. Wooden features, both functional and decorative, may be important in defining the character of the building and thus their retention, protection, and repair are important in rehabilitation projects. Wood has played a central role in American building during every period and in every style. Recommended: 1. Identifying, retaining, and preserving wood features that are important in defining the overall character of the building such as siding, cornices, brackets, window architraves, and doorway pediments; and their paints, finishes, and colors. 2. Protecting and maintaining wood features by providing proper drainage so that water is not allowed to stand on flat, horizontal surfaces or accumulate in decorative features. 3. Applying chemical preservatives to wood features such as beam ends or outriggers that are exposed to decay hazards and are traditionally unpainted. 4. Retaining coatings such as paint that help protect the wood from moisture and ultraviolet light. Paint removal should be considered only where there is paint surface deterioration and as part of an overall maintenance program which involves repainting or applying other appropriate protective coatings. 5. Repairing wood features by patching, piecing-in, consolidating, or otherwise reinforcing the wood using recognized preservation methods. 6. Repair may also include the limited replacement in kind--or with compatible substitute material-- of those extensively deteriorated or missing parts of features where there are surviving prototypes such as brackets, molding, or sections of siding. 7. Replacing in kind an entire wood feature that is too deteriorated to repair--if the overall form and detailing are still evident--using the physical evidence as a model to reproduce the feature. Examples of wood features include a cornice, entablature or balustrade. 8. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. 9. Designing and installing a new wood feature such as a cornice or doorway when the feature is completely missing. It may be an accurate restoration using historical, pictorial, and physical documentation; or be a new design that is compatible with the size, scale, material, and color of the building. Not recommended: 1. Removing or radically changing wood features which are important in defining the overall character of the building so that, as a result, the character is diminished. 2. Removing a major portion of the wood from a facade instead of repairing or replacing only the deteriorated wood, then reconstructing the facade with new material in order to achieve a uniform or "improved" appearance. Page 12 of 14 ARCHITECTURAL FAÇADE DESIGN GUIDELINES ZIONSVILLE, INDIANA 3. Radically changing the type of finish or its color or accent scheme so that the character of the exterior is diminished. 4. Stripping painted surfaces to bare wood, then applying clear finishes or stains in order to create a "natural look." 5. Stripping paint or varnish to bare wood rather than repairing or reapplying a special finish, i.e., a grain finish to an exterior wood feature such as a front door. 6. Failing to identify, evaluate, and treat the causes of wood deterioration, including faulty flashing, 7. leaking gutters, cracks and holes in siding, deteriorated caulking in joints and seams, plant material growing too close to wood surfaces, or insect or fungus infestation. 8. Stripping paint or other coatings to reveal bare wood, thus exposing historically coated surfaces to the effects of accelerated weathering. 9. Removing paint that is firmly adhering to, and thus, protecting wood surfaces. 10. Using destructive paint removal methods such as a propane or butane torches, sandblasting or waterblasting. These methods can irreversibly damage woodwork. 11. Using thermal devices improperly so that the woodwork is scorched. 12. Failing to neutralize the wood thoroughly after using chemicals so that new paint does not adhere. 13. Allowing detachable wood features to soak too long in a caustic solution so that the wood grain is raised and the surface roughened. 14. Failing to follow manufacturers' product and application instructions when repainting exterior woodwork. 15. Using new colors that are inappropriate to the building or district. 16. Failing to undertake adequate measures to assure the protection of wood features. 17. Replacing an entire wood feature such as a cornice or wall when repair of the wood and limited replacement of deteriorated or missing parts are appropriate. 18. Using substitute material for the replacement part that does not convey the visual appearance of the surviving parts of the wood feature or that is physically or chemically incompatible. 19. Removing a feature that is unrepairable and not replacing it; or replacing it with a new feature that does not convey the same visual appearance. 20. Creating a false appearance because the replaced wood feature is based on insufficient historical, pictorial, and physical documentation. 21. Introducing a new wood feature that is incompatible in size, scale, material and color. Page 13 of 14 ARCHITECTURAL FAÇADE DESIGN GUIDELINES ZIONSVILLE, INDIANA AUTHORITIES: The Town of Zionsville Wayne Delong Director of Planning & Economic Development 1100 West Oak Street Zionsville, Indiana 46077 Zionsville Architectural Review Committee Zionsville Town Hall 1100 West Oak Street Zionsville, Indiana 46077 Page 14 of 14  Zionsville Façade Rehabilitation Program Grant Agreement for Project Construction and Maintenance for Zionsville Façade Rehabilitation Program PART 1: GENERAL INFORMATION GRANTEE (Name): ______________________________________________ PROJECT NAME (“The Project”): ______________________________________________ PROJECT ADDRESS: ______________________________________________ GRANTEE CONTACT INFORMATION: Grantee Name: __________________________________________________________ Grantee Address: ________________________________________________________ Grantee Phone: (___) ____________ Grantee Email: ___________________________ Project description (“The Project”) List and describe, or reference project scope by attachment, The Project, (including all aspects of the work including that outside of the façade grant program and that within the façade grant program). Attach drawings, descriptions or other information as necessary for a complete description. Attach completed application. Town of Zionsville - Façade Grant Agreement Page 1 April 30, 2012 | May 11, 2013 PART 2: FAÇADE GRANT AGREEMENT (to be completed at the time of grant application approval) This Agreement is entered into on ________________ (date) between The Town of Zionsville and _____________________________________________ (Grantee), ____________________________________________ (address), Whereas, the Town of Zionsville, has approved a façade improvement grant to Grantee subject to the execution of this Agreement. Grantee desires to accept the grant and to abide by the terms of this Agreement. The Town of Zionsville has approved a grant in the amount of ____________________________ ($ ) or _______________ (__%) of the project cost hereinafter defined as a maximum amount of $ _____________________, whichever is less, for façade improvements at The Project located in Zionsville, Indiana. The parties agree as follows: 1. Grantee reaffirms that all information provided to The Town of Zionsville is correct and accurate. 2. Grantee has read and agrees to abide by the provisions and requirements of The Town of Zionsville Façade Grant Program adopted 2009 and subsequent amendments. 3. All work performed by Grantee will be consistent with the approval by The Town of Zionsville. If Grantee desires to make any changes in the project during the execution of the work, Grantee will obtain written approval from The Town of Zionsville before implementing such changes. Grantee understands that The Town of Zionsville is not required to approve any changes and any unauthorized changes may result in partial or complete forfeiture of grant. 4. Grantee agrees to complete the improvements within one year from the date of this Agreement and understands that failure to complete the improvements within such time period will result in forfeiture of the grant. Grantee also agrees to submit a request for funding of the grant within sixty days after the completion of the work and understands that failure to do so may result in loss of the grant. Town of Zionsville - Façade Grant Agreement Page 2 April 30, 2012 | May 11, 2013 5. Grantee understands that the grant will be paid to Grantee only upon completion of the work and submission of all required certifications to The Town of Zionsville. 6. During the period of construction, Grantee agrees to keep in full force and effect a policy of commercial liability insurance in an amount of not less than one million ($1,000,000) dollars and to name The Town of Zionsville as additional insureds on such policy. Grantee further agrees to indemnify and hold harmless The Town of Zionsville from any and all claims arising out of the work performed. 7. Grantee will notify The Town of Zionsville immediately if Grantee's interest in the subject property changes in any way. This Agreement is not assignable by Grantee without prior written approval of The Town of Zionsville which will not be unreasonably withheld. 8. In further consideration of the grant, Grantee hereby confirms, for a period of two (2) years from the date of completion, the façade and its finishes will not be materially altered by Grantee without the written approval of the The Town of Zionsville, which approval will not be unreasonably withheld. 9. Grantee hereby grants to The Town of Zionsville the right to use pictures, renderings or descriptions of the work for any and all promotional purposes desired by The Town of Zionsville. IN WITNESS WHEREOF, the parties have signed this Agreement on the day and year first above written Grantee’s Authorized Representative ____________________________________ (Printed or Typed name) ____________________________________ _________________ Grantee’s Authorized Representative (Signature) Date The Town of Zionsville Architectural Review Committee ____________________________________ ___________________________________ (Printed or Typed name) (Printed or Typed name) ___________________________________ ___________________________________ Authorized Representative (Signature) (Signature) _________________ _________________ Date Date Town of Zionsville - Façade Grant Agreement Page 3 April 30, 2012 | May 11, 2013 PART 3: PROJECT COMPLETION CERTIFICATION (to be completed at final completion prior to payment of Grant funds): Has a Notice of Completion been filed with The Town of ZionsvilleThe Town of Zionsville? Yes ______ (if yes, date filed: _______) No _______ If no, please explain: _________________________________________________________________ Date of ZARC final inspection: _____________________ I hereby certify that all Zionsville Building Façade grant funds were expended on the above named Project and that the Project is complete and we have made final payment for all work done per the Zionsville Architectural Rehabilitation Committee written approval. I hereby certify that I intend to uphold the grant purpose for the remainder of my ownership of this property and will continue to maintain the improvements as long as I own this property or hold interest in the ownership of this property. For a period of two (2) years from the date signed below, I will not change, alter or embellish the façade associated with the approved and completed grant improvements without prior written approval of the Zionsville Architectural Review Committee and/or the Town Planner, Town of Zionsville. Should the Committee not be in effect at that future time, the Town Planner, or other Committee designee, shall grant the written approval. Normal maintenance that replaces with “like kind” shall not need written approval, i.e. painting of same color, replacement with same materials, etc. Transfer ownership of the property will not release grantee or grantees heirs from compliance with this agreement for any reason. I am aware of Indiana laws and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment or fine or both. Furthermore, I am aware of Indiana laws and understand that every person who, with the intent to defraud, presents for allowance or for payment to any Town of Zionsville governmental entity or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable by law through imprisonment, by a fine, or both. I represent and warrant that I have full authority to execute this project Certification of Project Completion form on behalf of the Grantee. I declare under penalty of perjury that the foregoing project Certification of Project Completion for the above-mentioned Zionsville Building Façade Grant is true and correct. ______________________________ Grantee’s Authorized Representative (Printed or Typed name) ______________________________ _________________ Grantee’s Authorized Representative (Signature) Date Town of Zionsville - Façade Grant Agreement Page 4 April 30, 2012 | May 11, 2013  Guidance on Electronic Meetings Throughout the state-declared public health emergency, the Governor’s Executive Orders have afforded local units of government with the flexibility to hold meetings and hearings fully using electronic communications (“Elec- tronic Meetings”). On April 20, 2021, House Enrolled Act 1437 was signed into law which codified procedures for Electronic Meetings. Due to the fact that we now have a statutory framework in place for Electronic Meetings in emergency times and non-emergency times, the Governor rescinded the directives he had previously put in place for Electronic Meetings through executive order by signing Executive Order 21-13 on May 11, 2021. We now turn to the Indiana Code for the law on conducting Electronic Meetings. IC 5-14-1.5-3.7 explains the procedures for holding Electronic Meetings when under an emergency. As of May 17, 2021, the state of Indiana is still under a public health emergency, therefore, these are the requirements to follow now. • These requirements apply when the Governor or the executive of a political subdivision declares a disaster emergency. • Members of a governing body are not required to be physically present at a meeting during the disaster emer- gency. • Members may meet by any means of electronic communication as long as a quorum of members participate (either electronically or in person) and (except for executive session) the public is able to simultaneously at- tend and observe the meeting. • The memoranda for the meeting must state the name of each member of the governing body who participat- ed in the meeting using electronic communication and each member who was absent. It must also identify the electronic means of communication by which the members participated and the public attended and observed the meeting (if not executive session). • All votes taken during the meeting must be taken by roll call vote. IC 5-14-1.5-3.5 explains the procedures for holding Electronic Meetings when NOT under an emergency. Whenever the public health emergency expires, these rules will be what you will need to follow if you want to continue hold- ing Electronic Meetings. Boards, commissions, councils, etc. that wish to use Electronic Meetings in non-emergency times will need to first adopt a policy that is at least as stringent as the state statute. Compliance (and being able to show compliance) with the Open Door Law will be important. Outlined below are the statutory requirements, but we have also prepared a Practical Tips document, a chart for tracking attendance, and sample resolutions for adopting an Electronic Meetings Policy. • These requirements apply in non-emergency times, but only after the governing body adopts a written policy establishing procedures that apply to a member’s participation in a meeting by an electronic means of com- munication. The policy can be more restrictive than the statute, but not less restrictive. • A member of the governing body who is not physically present at a meeting may participate in a meeting by any electronic means of communication that allows all participating members of the governing body to simul- taneously communicate with each other and (except for executive session) allows the public to simultaneously attend and observe the meeting. • At least 50% of the members of the governing body must be physically present at the meeting. • A member may participate by electronic means and be counted in the quorum, however, in order for the mem- ber to participate in any final action taken at the meeting, the member must be seen and heard. • A member of a governing body may not participate in a meeting of the governing body by electronic commu- nication if the governing body is attempting to take final action on any of the following: (1) adopting a budget; (2) making a reduction in personnel; (3) initiating a referendum; (4) establishing or increasing a fee; (5) estab- lishing or increasing a penalty; (6) using eminent domain authority; (7) establishing, raising or renewing a tax. • Unless due to reasons of military service, illness or other medical condition, death of a relative, or an emer- gency involving actual or threatened injury to persons or property, a member of the governing body may not attend more than 50% of the governing body’s meetings in a calendar year by electronic communication nor may a member attend more than two meetings in a row using electronic communication. • The memoranda prepared for the meeting must state the name of each member of the governing body who was physically present, who participated electronically, or who was absent. It shall also identify the electronic means of communication by which the members participated and (except for executive session) the public at- tended and observed the meeting. • All votes taken during the meeting must be taken by roll call vote. • A technological failure in an electronic means of communication that disrupts or prevents simultaneous com- munication between a member of the governing body who is not physically present or a member of the public who is not present does not prevent the governing body from conducting the meeting or affect the validity of the action taken if the sum of the governing body members physically present at the meeting and the gov- erning body members participating electronically without technological failure satisfies the quorum and the voting requirements for final action.  Practical Tips on Electronic Meetings Adopting an Electronic Meeting Policy: Staying in Compliance with the Open Door Law Good record keeping/being able to show proof that your city/town is in compliance with ALL parts of the electronic meeting provisions of the Open Door Law (ODL) will be a must should your city/town decide to conduct electronic meetings. WHY? • These records will be important if an ODL challenge is brought to invalidate an action taken at your meeting. • Not keeping accurate records could affect your ability to issue debt as your local counsel will need to review your ODL records in order to sign opinions related to debt financing. These opinions require counsel to state that all meetings were in compliance with the ODL. Your bond counsel may now have an additional “closing check list” of documents to show proof of ODL electronic meeting compliance. WHAT TYPE OF DOCUMENTATION IS REQUIRED/SHOULD BE CONSIDERED TO SHOW COMPLIANCE WITH THE ODL? 1. Each governing board using electronic meetings must adopt a policy that has standards at least as stringent as the provisions in IC 5-14-1.5-3.5. Aim has provided sample resolutions for councils that can also be adapted for other boards and commissions. 2. Electronic meetings are not permitted when final action is taken on certain subject matters (adopting a bud- get; making a reduction in personnel; initiating a referendum; establishing or increasing a fee; establishing or increasing a penalty; using eminent domain; establishing, raising or renewing a tax). If an electronic meeting is conducted, you may want to consider having an attestation form signed by the presiding officer stating that final action was not taken on these matters OR have the presiding officer read a statement at the start of the meeting which is recorded in the minutes stating that “this meeting, using electronic communications, is subject to IC 5-14-1.5-3.5 and therefore, no final action will be taken at this meeting on the prohibited subject matters listed in Section 3.5(f) of the statute.” 3. Your meeting minutes should reflect the following: a. That at least 50% of the members of the body were physically present at the meeting. b. State the name of each member and note whether the member was physically present, participated by electronic communication or absent. c. Identify the means of communication by which members participated and the public attended and ob- served the meeting. (Note a member who cannot be seen and heard can count in the quorum, but cannot take final action.) d. Since all votes must be taken by roll call, a record of all roll call votes. 4. You will need to be able to provide proof that your electronic meeting was in compliance with the “Consecu- tive-50” requirements. No member may attend more than two consecutive meetings via electronic commu- nications AND no member may attend more than 50% of all meetings within a calendar year via electronic communications. Consider keeping a chart to track compliance with these look-back requirements. Aim has provided a sample chart. 5. A member can be exempt from the “Consecutive-50” requirements if one of four reasons apply (military ser- vice, illness or other medical condition, death of a relative, or an emergency involving actual or threatened injury to persons or property). Consider how you might document that one of these reasons are applicable to a member and for what duration the exemption will continue to apply. This could be done by an attestation form signed by the member asking for exemption. Be careful not to disclose privacy matters about health or personal family matters in your documentation or statements. Rather, state that one of the exemptions apply without going into detail. (Remember, it is required that less than 50% of the members can participate elec- tronically in one meeting, so trading off this flexibility for members to be able to participate electronically may be something to consider for fairness to all members.) OTHER NOTATIONS • Redevelopment Commissions and Redevelopment Authorities have access to another statutory provision for electronic meetings under IC 36-7-14.5-9.5 which they may choose to use instead of IC 5-14-1.5-3.5. • Your council or a governing body may determine that their policy on electronic meetings is to prohibit elec- tronic meetings altogether and opt for in-person meetings only. • The previous provision in statute which allowed a member to participate electronically (although not counted in the quorum or being able to vote) has been repealed, so any electronic participation by a member must be done under these new rules.  General Information Public Notice Requirements for Meetings: - Public notice of date, time, place is required at least 48 hours (excluding Sat, Sun and legal holidays) before meeting • 48 hours requirement does not apply to emergency - Notice posted in principal office or location of the meetings - Annual Notice - Send public notice to all media requesting notices by Dec. 31 for the upcoming year Public Notice Requirements for Hearings: - Public hearing notices must be published in the newspaper at least ten days prior to the hearing - Public hearing notices are also required to be posted in a location on the Town’s website where the notice is easily accessible and identifiable, and must remain on the web site not less than seven days after the last posting date required by law has expired - If a public hearing notice is required to be posted in a newspaper two or more times, the Town must make the first publication in a newspaper and all subsequent publications of notice may be posted on the website only - A printed copy of the notice posted on the website must be created and must include the date of publication on the first day the notice was published on the website. The printed copy must be retained. - The official responsible for posting the electronic notification shall have their name and contact information posted on the website Minutes/memorandum - Must contain: • Date, time, place of meeting • Members of governing body recorded as present or absent • General substance of all matters proposed, discussed or decided • Record of all votes taken by individual members if there is a roll call - Must be available within a reasonable period of time after meeting Executive Session - 48 hours requirement does apply - Notice must provide date, time, place of meeting plus must specifically state purpose of executive session - Memorandum must include certification that the listed exception(s) were all the meeting involved and that no other purposes were included - No final action/no vote may be taken Electronic Meetings New electronic meeting requirements - Member who is not physically present at a meeting may participate in a meeting by any means of electronic communication that: • Allows all members of the governing body to simultaneously communicate with each other • Allows the public to simultaneously attend and observe the meeting (unless it’s an executive session) Minutes/memoranda for electronic meetings requirements - Identify each member physically present - Identify each member participating virtually - Identify each member absent - Identify the electronic means of communication the members participated in and the public attend/observed the meeting *See AIM sample attendance log* Roll call vote required for electronic meetings - All votes during a meeting in which any member participates electronically must be taken by a roll call vote Requirements for attendance in-person - At least 50% of the members must be physically present - A member cannot attend more than 50% of meetings electronically in a calendar year unless the member is in military, has an illness or other medical condition, death of relative, emergency When in-person attendance required - Member may not participate in electronic meeting if the governing body is “attempting to take” final action (vote) to: • Adopt a budget • Make reduction in personnel • Initiate referendum • Establish or increase a fee • Establish or increase a penalty • Exercise eminent domain • Establish, raise, renew a tax Written policy required - Governing body is required to adopt a written policy of establishing procedures for participation electronically - When participating electronically, all votes must be taken by roll call - Policy MAY be more restrictive than statute (limit number of members who may participate in electrically communication, limit the total number of meetings conducted in a calendar year by electronic communication) - Optional provision: require a member who plans to participate electronically to notify the presiding officer and/or designee prior to the meeting  ANNUAL RECORD OF BOARD MEMBERS WHO ATTENDED MEETINGS VIA ELECTRONIC MEANS YEAR: Member Name: INITIALS OF OFFICER VERIFYING ATTENDANCE INSTRUCTIONS: List members’ names on the right. List the date of all regular and special meetings across the top. List member participation type as follows: E = Electronic P = Physically Present A = Absent If the member qualifies for an exemption from the “Consecutive-50” requirements, draw a circle around the E for that member/meeting -- Ⓔ The official record keeper or appropriate officer should initial to verify that the attendance record is accurate in the column for that meeting.  TOWN OF _______________________________, INDIANA TOWN COUNCIL RESOLUTION NO._____ A RESOLUTION ESTABLISHING THE POLICY BY WHICH MEMBERS OF THE TOWN COUNCIL MAY PARTICIPATE BY ELECTRONIC MEANS OF COMMUNICATION WHEREAS, P.L. 88-2021 (HEA 1437), SEC. 5, amended IC 5-14-1.5-1 et seq. (Act), effective April 20, 2021 by amending IC 5-14-1.5-3.5 to prescribe new requirements by which members of the governing body of a public agency of a political subdivision may participate in a meeting by any electronic means of communication; WHEREAS, a member of the governing body may participate by any means of communication that: • Allows all participating members of the governing body to simultaneously communicate with each other; and • Except for a meeting that is an executive session, allows the public to simultaneously attend and observe the meeting; WHEREAS, the Act requires the governing body to adopt a written policy establishing the procedures that apply to a member’s participation in a meeting by an electronic means of communication and may adopt procedures that are more restrictive than the procedures established by IC 5-14-1.5-3.5(d); and WHEREAS, the Town Council (Council) is the governing body of the Town of _________________, Indiana: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF ________________, INDIANA: Section 1. (a) The provisions of the Act, including definitions, apply to this resolution. (b) This resolution shall be known as the “Electronic Meetings Policy” of the Council and applies to the Council and any committee appointed directly by this Council or its presiding officer. Section 2. (a) Subject to Sections 3 and 5, any member may participate in a meeting by any electronic means of communication that: (i) allows all participating members of the governing body to simultaneously communicate with each other; and (ii) other than a meeting that is an executive session, allows the public to simultaneously attend and observe the meeting. (b) A member who participates by an electronic means of communication: (i) shall be considered present for purposes of establishing a quorum; and (ii) may participate in final action only if the member can be seen and heard. (c) All votes taken during a meeting at which at least one member participates by an electronic means of communication must be taken by roll call vote. Section 3. (a) At least fifty percent (50%) of the members must be physically present at a meeting at which a member will participate by means of electronic communication. Not more than fifty percent (50%) of the members may participate by an electronic means of communication at that same meeting. (b) A member may not attend more than a fifty percent (50%) of the meetings in a calendar year by an electronic means of communication, unless the member’s electronic participation is due to: (1) military service; (2) illness or other medical condition; (3) death of a relative; or (4) an emergency involving actual or threatened injury to persons or property. (c) A member may attend two (2) consecutive meetings (a set of meetings) by electronic communication. A member must attend in person at least one (1) meeting between sets of meetings that the member attends by electronic communication, unless the member’s absence is due to: (1) military service; (2) illness or other medical condition; (3) death of a relative; or (4) an emergency involving actual or threatened injury to persons or property. Section 4. The minutes or memoranda of a meeting at which any member participates by electronic means of communication must: (1) identify each member who: (A) was physically present at the meeting; (B) participated in the meeting by electronic means of communication; and (C) was absent; and (2) identify the electronic means of communication by which: (A) members participated in the meeting; and (B) members of the public attended and observed the meeting if the meeting was not an executive session. Section 5. No member of the Council may participate by means of electronic communication in a meeting at which the Council may take final action to: (1) adopt a budget; (2) make a reduction in personnel; (3) initiate a referendum; (4) impose or increase a fee; (5) impose or increase a penalty; (6) exercise the Council’s power of eminent domain; or (7) establish, impose, raise or renew a tax. Section 6. (a) If an emergency is declared by: (1) the governor under IC 10-14-3-12; or (2) the Town Council president under IC 10-14-3-29; members are not required to be physically present for a meeting until the emergency is terminated. 2  (b) Members may participate in a meeting by any means of communication provided that: (1) At least a quorum of the members participate in the meeting by means of electronic communication or in person. (2) The public may simultaneously attend and observe the meeting unless the meeting is an executive session. (3) The minutes or memoranda of the meeting must comply with Section 4 of this resolution. (c) All votes taken during a meeting at which at least one member participates by an electronic means of communication must be taken by roll call vote. Section 7. This resolution shall be effective from and after adoption by this Council and compliance with IC 36-5-2-10. Adopted this ____ day of _____________, 2021. [INSERT APPROPRIATE SIGNATURE BLOCK] 3