Zionsville Town Council

ZIONSVILLE TOWN COUNCIL MEETING AGENDA FOR MONDAY, OCTOBER 19, 2020 AT 7:30 A.M. ELECTRONIC & ONSITE MEETING 1100 West Oak Street Date of Preparation: October 19, 2020 Council Members Present: Josh Garrett, President; Bryan Traylor, Vice-President; Brad Burk, Alex Choi, Joseph Culp, Craig Melton and Jason Plunkett No members absent. Also Present: Emily Styron, Mayor; Julie Johns-Cole, Deputy Mayor; Tammy Havard, Chief Financial Officer; Tim Berry, Crowe LLC; Heather Willey, Town Council Attorney; Amy Lacy, Municipal Relations Coordinator, and Town Department Staff. 1. OPENING A. Call meeting to order B. Pledge of Allegiance 2. APPROVAL OF THE MEMORANDUM OF THE OCTOBER 5, 2020 REGULAR MEETING (copy posted) COUNCIL ACTION: President Garrett moved to approve the Memoranda of the October 5, 2020 Town Council Meeting. Councilor Burk seconded the motion. The Memoranda of the October 5, 2020 meeting was approved by a vote of seven in favor, zero opposed. (7/0) 3. REQUEST TO SPEAK Before beginning the Request to Speak agenda item, President Garrett made a clarification regarding a statement he made at the October 5, 2020 Town Council meeting. He said Mr. Craig Triscari said that developer VanTrust had promised 8-foot trees. President Garrett stated at that meeting that the documentation that he had seen referred only to 6-foot trees. President Garrett said that since the October 5, 2020 meeting, he had been provided with a transcript of the November 5, 2018 meeting and that there was a statement made in that transcript about 8-foot trees. He apologized to Mr. Triscari after making that clarification. Zionsville resident Elicia Clements Expressed concerns regarding Ordinance 2020-12 and 2020-13 and asked that the Council reconsider their prior actions on these ordinances and respect Mayor Styron’s veto of Ordinance 2020-12 and 2020-13. Zionsville resident Danielle Tucker expressed concern that Ordinance 2012-12 and 2020-13 did not, as written, allow for enough community voice and input in the Safety and Police Commissioners boards. She also expressed concern that the Council was trying to strip the Mayor of powers and wanted Town Council and the Mayor to work together. Zionsville resident Erin Brewster expressed concerns regarding Ordinance 2020-12 and 2020-13 and the possibility of a legal battle resulting from them. She asked that the Council let the Mayor’s veto stand. Zionsville resident Amber Nunes expressed concerns regarding Ordinance 2020-12 and 2020-13, citing no codified ordinance establishing the Safety Board, Town Council’s appointments to boards and what she felt to be conflict of interest issues. Mayor Emily Styron expressed her concerns regarding Ordinance 2020-12 and 2020-13, asking the Council to pause action on the ordinances to try to work together and find common legal ground. She appealed to the Council to let her veto stand and draft new ordinances that would not force her to initiate costly litigation. Zionsville resident Craig Triscari spoke in opposition of the ongoing VanTrust project, stating that as of October 2020 VanTrust had still failed to run eight-inch water lines into Saratoga Springs as promised and was still in violation of the commitment letter. He said the Council had failed to hold VanTrust to its commitments. Mr. Triscari stated that the Council needs to review and fix construction noise Ordinances, saying they were designed for short term building projects. He said his neighborhood has problems with construction noise at 5:00 am in the morning and early Saturday mornings. He also asked the Council to address water and sewer issues in southern Perry Township. He also again expressed displeasure at what he felt to be the absence of value additional services or funding provided by the Town of Zionsville in Perry Township and the rural community. Mr. Triscari also said that homeowners should reduce their property taxes due to what he felt were the lack of services, reckless development and lack of adherence to a comprehensive plan by the Town of Zionsville. Zionsville resident Sally Zelonis mentioned memos that were referred to in the October 5, 2020 Town Council meeting that she said did not appear in the packet. She asked that they consider including memos in the Town Council meeting packets going forward. Ms. Zelonis expressed her agreement with the Mayor regarding Ordinance 2020-12 and 2020-13 and said she hoped the Council would vote to postpone these important issues.  President Garrett asked Ms. Lacy to include memos to Town Council in the agenda packet going forward. Ms. Lacy said she thought the memo was included in the October 5, 2020 packet but that she would check the website and would make sure they were included in the future. Zionsville resident Ben Jenkins stated that he agreed with the concerns outlined by Mayor Styron in her veto memo and her proposed changes to Ordinance 2020-12. He shared his support of the Mayor’s actions since her election and recognized that those achievements would not have been possible without the support of the Council. He asked that the Council and the Mayor continue that partnership. Mr. Jenkins concluded by asking the Council to let Mayor Styron’s veto stand and work together to draft a new ordinance for the Safety Board. Zionsville resident Michael Nelson expressed his concerns about Ordinance 2020-12 and 2020-13. He said he supported the reorganization and said he believed it gave the Town a strong Mayor. Mr. Nelson expressed his belief that executive powers, including hiring and firing, belonged only to the Mayor and that the Town Council, through these ordinances, was attempting to take away those powers from the Mayor. After expressing concern about an ensuing legal battle, he urged Town Council to reconsider their position and work together with the Mayor to come up with a solution in the best interest of all. Note: Zionsville business owner Bob Goodman requested time to speak at the October 19, 2020 meeting via an email to Amy Lacy on Sunday, October 18, 2020. Due to technical difficulties, he was unable to join the meeting. 4. OLD BUSINESS A. CONSIDERATION OF AN ORDINANCE TO AMEND THE TOWN OF ZIONSVILLE ZONING ORDINANCE (Petition No. 2020-24-Z, Russell Oaks) Ordinance 2020-16 Attorney Mike Andreoli, representing the developer and petitioner Kendalwood Realty, discussed Ordinance 2020-16 and the proposed development. He stated that since the last meeting he had had the opportunity to meet with several residents with property abutting the Russell Oaks development. He said he also had a phone conference with Mayor Styron and that she stood by her original opposition to the rezoning ordinance, citing concerns about health and safety and traffic. At Councilor Traylor’s request, Mayor Styron discussed her conversation with Mr. Andreoli. She reiterated her concerns about safety and traffic and said she stood by her original opinion. Mr. Andreoli and Jim Knighton of Kendalwood Realty answered questions from the Council. Elina Armstrong, neighboring property owner, also answered questions from the Council regarding her meeting with Mr. Andreoli and the developers and shared her views about the project. Discussion followed, with questions and concerns regarding number of residences allowed, with and without the passage of the ordinance, safety, traffic and traffic studies, drainage, and future Plan Commission approval processes.  COUNCIL ACTION: President Garrett moved to adopt Ordinance #2020-16 on final reading. Councilor Plunkett seconded the motion. At President Garrett’s request Ms. Lacy took a roll call vote: ROLL CALL VOTE: PRESIDENT GARRETT Yea VICE-PRESIDENT TRAYLOR Nay COUNCILOR BURK Yea COUNCILOR CHOI Nay COUNCILOR CULP Nay COUNCILOR MELTON Yea COUNCILOR PLUNKETT Yea Ordinance #2020-16 was adopted by a vote of four in favor, three opposed. (4/3) B. CONSIDERATION OF AN ORDINANCE REESTABLISHING THE SAFETY BOARD FOR FIRE DEPARTMENT MATTERS (CONSIDERATION OF VETO OVERRIDE) Ordinance 2020-12 President Garrett asked Attorney Heather Willey what would happen if the Council were to let the veto stand. Ms. Willey explained that the items would revert back to their existing structure, with the current 2008 ordinance establishment of the Board of Police Commissioners and no ordinance for the Safety Board. She explained how the Safety Board had historically operated and how it operates in other municipalities. She noted that the Mayor did have the authority to veto an ordinance but, in this instance, did not have the power to veto line items in the ordinance. President Garrett said that Zionsville is unique in how it is legally organized and that that it is one of only two towns with a mayor. He went on to explain that the Reorganization Ordinance 2014-11 states that for a department head to be discharged, the majority of the Council must vote in favor of the discharge. He said that while the resolution was silent on the demotion of rank of a police or fire chief, in conversations with the founders of the resolution he believed the spirit of the provision was to require approval of the Council before the demotion of a police or fire chief from their position as a department head. President Garrett said that the demotion of a police or fire chief was effectively removing them from their position as a department head. President Garrett gave further background on the situation, saying that when the validity of how the Safety Board was constituted was challenged, Ordinance 2020-12 and 2020-13 were drafted as clarifying ordinances, in an attempt to clean up gray areas and reconstitute the boards. He stressed the importance, when Council crafted the ordinances, that they be certain the recreation of the boards did not give additional powers to the Town Council and that in some instances the they shift power to the Mayor. President Garrett read a statement from Board of Police Commissioners President Suzanne Nagy urging Council to overturn the veto. In closing President Garrett said that given the input of those who spoke and the outcry from those from the public who did not want this legislation, he could not help but agree with the Mayor and personally choose to uphold her veto.  Vice-President Traylor said he would like to make clarifications due to what he felt was some misinformation. He read excerpts from the reorganization ordinance stating that the executive powers of the Town were transferred to the Mayor and the executive functions, rights, and responsibilities of the office of Town Council President under Indiana law were transferred to the Mayor. He went on to read an excerpt from Indiana state statute describing the duties of a Town Council president and the perimeters of authority for discharge of an employee. Vice- President Traylor said that the role of a Town Mayor was very different than a City Mayor. Councilor Choi and Councilor Burk each spoke about the past positive collaboration between the Town Council and the Mayor’s office and their hope to continue working together in this manner in the future. COUNCIL ACTION: President Garrett moved to uphold the Mayor’s veto. Vice-President Traylor seconded the motion. At President Garrett’s request Ms. Lacy took a roll call vote: ROLL CALL VOTE: PRESIDENT GARRETT Yea VICE-PRESIDENT TRAYLOR Yea COUNCILOR BURK Yea COUNCILOR CHOI Yea COUNCILOR CULP Yea COUNCILOR MELTON Yea COUNCILOR PLUNKETT Yea The motion to uphold the veto of Ordinance 2020-12 was approved by a vote of seven in favor, zero opposed. (7/0) C. CONSIDERATION OF AN ORDINANCE REESTABLISHING THE BOARD OF METROPOLITAN POLICE COMMISSIONERS AS THE SAFETY BOARD FOR POLICE MATTERS (CONSIDERATION OF VETO OVERRIDE) Ordinance 2020-13 COUNCIL ACTION: President Garrett moved to uphold the Mayor’s veto. Vice-President Traylor seconded the motion. The motion to uphold the veto of Ordinance 2020-13 was approved by a vote of seven in favor, zero opposed. (7/0) 5. NEW BUSINESS A. CONSIDERATION OF AN ORDINANCE VACATING A PORTION OF A PUBLIC RIGHT OF WAY WITHIN ZIONSVILLE CORPORATE BOUNDARIES (FISHER) (PUBLIC HEARING) Ordinance 2020-17 Petitioner Amy Fisher explained the reason for the request for the alley vacation, saying that the alley had been abandoned for quite some time and that Street and Stormwater Superintendent Lance Lantz had confirmed it was not the intent of the Town to ever use this as an alley in the future. Ms. Fisher also said that all of the neighboring property owners had been contacted and were in favor of the vacation. With Proof of Publication noted, President Garrett opened the Public Hearing. With no public comment, President Garrett closed the Public Hearing and called for any further questions from Council. In response to President Garrett’s question, Planner Roger Kilmer said that staff had reviewed the request and had no concerns. COUNCIL ACTION: Councilor Culp moved to introduce Ordinance #2020-17 on first reading. Councilor Melton seconded the motion. Ordinance 2020-17 was introduced on first reading with a vote of seven in favor, zero opposed. (7/0) No further action was taken at this meeting. B. CONSIDERATION OF THE 2021 BUDGET FOR THE TOWN OF ZIONSVILLE, INDIANA (FIRST READING AND PUBLIC HEARING) Ordinance 2020-15 Chief Financial Officer Tammy Havard presented Ordinance 2020-15. She gave a background on the budget process to date, stating that there had been a budget workshop with Council on September 16th, a budget introduction presentation given at the September 21st Town Council meeting and an additional workshop was held on September 28th. She explained that today’s meeting, October 19th , was the Public Hearing and the budget notice had been published in Gateway on October 9th in ordinance with state statute. She said that the budget adoption was set for October 29th , so there was be an additional ten days to make decisions on the budget before adoption. She outlined and explained the many reductions and revisions in the budget since the September 16th workshop. She said that, along with department heads, the Finance department had reviewed the original proposed budget line by line to determine where decreases could be made. CFO Havard went on the discuss and explain the 2021 proposed budget, expenses, and revenue in detail. With Proof of Publication noted, President Garrett opened the Public Hearing. With no public comment, President Garrett closed the Public Hearing and called for any further questions from Council. President Garrett expressed concern with the deficit in the 2021 proposed budget and the possible continued revenue losses in the coming years due to the COVID-19 pandemic. Lengthy discussion followed. Concerns were shared by Council members, including the deficit, the lack of time to review budget documents prior to presentations, lack of Council involvement in the budget process, the combining of Fire and Parks Funds into the General Fund and what they felt was the the need to be conservative in light of the projected loss of revenue. CFO Havard confirmed that this budget only focused on the property tax supported funds and did not include enterprise funds like the Golf Course. Mayor Styron asked what process the Council would prefer for the saved, reserved funds to be appropriated. She said that with this budget they had worked to accurately show the full annual spending plan, including using cash reserves for capital projects. She asked if the Council felt it would provide a better level of clarity and transparency to them if these projects were treated as individual requests next year. President Garrett said he would prefer to see the budget based only on revenue and not on using saved funds, based on the uncertainty of revenues in the coming year, and would prefer requests using cash reserves come before Council separately. Discussion followed regarding further budget cuts or postponements of expenditures and how best to work together to accomplish those in time for adoption of 2021 budget on October 29th. CFO Havard, Mayor Styron and Heather Willey answered questions from the Council. CFO Havard explained in detail the combining of the Fire and Parks Fund into the General Fund and the benefits of doing so. She also stressed the importance of this structure being put into place for 2021 and being put into the new financial software initially. She emphasized that the new financial program would improve transparency and clarity and that it would be put into place very quickly. It was determined that an additional budget workshop would be held later in the week to finalize further changes to the budget and that Councilors would send their input directly to Tammy prior to the meeting. President Garrett asked Ms. Lacy to coordinate the budget workshop meeting. At Vice-President Traylor’s request, Mayor Styron confirmed that Z’Works and the Zionsville Chamber of Commerce would be guaranteed at least the level of financial support from the Town in 2021 as they had received in 2020.  COUNCIL ACTION: President Garrett moved to introduce Ordinance #2020-15 on first reading. Vice-President Traylor seconded the motion. At President Garrett’s request Ms. Lacy took a roll call vote: ROLL CALL VOTE: PRESIDENT GARRETT Yea VICE-PRESIDENT TRAYLOR Yea COUNCILOR BURK Yea COUNCILOR CHOI Yea COUNCILOR CULP Yea COUNCILOR MELTON Yea COUNCILOR PLUNKETT Nay Ordinance 2020-15 was introduced on first reading with a vote of six in favor, one opposed. (6/1) No further action was taken at this meeting. 6. OTHER MATTERS Councilor Choi thanked Councilor Burk for the pink face masks he gave to the Council to wear to show support of breast cancer awareness month and for his work with the American Cancer Society. Councilor Burk thanked Councilors for showing their support by wearing them in this meeting. 7. APPROVAL OF CLAIMS COUNCIL ACTION: President Garrett moved to approve claims as presented. Vice-President Traylor seconded the motion. Claims were approved by a vote of seven in favor, zero opposed. (7-0) 8. ADJOURN COUNCIL ACTION: President Garrett moved to adjourn the meeting. Councilor Culp seconded the motion. The motion was approved by a vote of seven in favor, zero opposed. (7/0) A special meeting is scheduled for October 29, 2020 at 9:00 a.m. The October 29, 2020 meeting will be conducted via Zoom only. Access information will be posted with the meeting notice. The next regular Town Council meeting is scheduled for Monday, November 2, 2020 at 7:00 p.m. Determination of the need for a solely electronic meeting will be evaluated prior to the meeting and final notice will be posted in compliance with the Indiana Open Door Law. Respectfully Submitted, Amelia Anne Lacy, Municipal Relations Coordinator Town of Zionsville