Zionsville Town Council

Zionsville Town Council November 21, 2022 ZIONSVILLE TOWN COUNCIL MEETING MINUTES FOR MONDAY, NOVEMBER 21, 2022 AT 8:00 A.M. EST ONSITE MEETING 1100 West Oak Street This meeting was conducted onsite. All Councilors participated in person. Council Members Present: Jason Plunkett, President; Brad Burk, Vice-President; Alex Choi, Joe Culp, Josh Garrett, Craig Melton, and Bryan Traylor Also Present: Heather Harris, Town Council Attorney; Kellie Adams, Chief Financial Officer; Jo Kiel, Director of Human Resources; Michael Dale, Director of Community and Economic Development; Fire Chief James VanGorder; Deputy Fire Chief Josh Frost; Fire Lieutenant Casey Curtis; Police Chief Michael Spears; Amy Lacy, Municipal Relations Coordinator; and other Town Department Staff OPENING A. Call meeting to order B. Pledge of Allegiance Plunkett Good morning. I will now call to order the Monday, November 21, 2022 Town Council meeting. If you would please, stand and join me for the Pledge of Allegiance. All Pledge of Allegiance. APPROVAL OF THE MEMORANDUM OF THE NOVEMBER 7, 2022 REGULAR MEETING Plunkett Up first is the approval of the memorandum from the November 7, 2022 regular Town Council meeting. A copy has been posted. Are there any questions from Councilors? Garrett I make a motion to approve. Plunkett First by Councilor Garrett. Burk Second. Page 1 of 23 Zionsville Town Council November 21, 2022 Plunkett Second by Vice President Burk. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 7 in favor, 0 opposed. APPROVAL OF THE NOVEMBER 21, 2022 CLAIMS Plunkett Up next is the approval of the November 21st claims. I did have a question on claims, Kellie, if as you’re working your way up here, I noticed that there were, two legal, there’s two retainers for us that was, I think it’s in August and a November retainer but that is being paid out of the non-department fund as opposed to the Town Council fund. It’s on page 7, uh, 6 of the claims. And Heather maybe this is for you – can we approve the claims and just move it to our – can we approve it with a – Adams Yes, I think that’s just a mistake. Harris Yes, what you could do is just if Kellie give the, do you know what the correct fund number is? Adams Yes. I entered those so that’s probably why there, there was a mistake. I don’t usually enter them so. Yes, we just need to change – it’s the same fund it’s just going to be your department so it’ll still be the General Fund. Harris Yes, so you would just make a, a motion to amend it to say, be under the Town Council department fund number. Plunkett Okay and what is that fund number? Do you know? Adams It’s still 101. It’s going to be the fund is the General Fund and then your department I believe is 140 – Plunkett Okay. Okay. Adams Yes but it’s, it’s still the same pot money, just different – Plunkett Okay. Adams We now have Barnes & Thornburg all caught up because there was an issue – Plunkett Okay. Very good. Thank you. Any other questions from Councilors? I would make a motion then to approve claims with the amendment to move the August and November Town Council retainer for Barnes & Thornburg to department 140. Traylor Second. Page 2 of 23 Zionsville Town Council November 21, 2022 Plunkett Second by Councilor Traylor. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 7 in favor, 0 opposed. Thanks, Kellie. REQUEST TO SPEAK ON AGENDA ITEM Plunkett Up next is a Request to Speak on Agenda Item. Amy, do we have any requests to speak? Lacy No, we do not. MAYOR/ADMINISTRATION UPDATE Plunkett I did not get a Mayor/Administration update in the Council packet either so up next would be Town Council Update. Are there any updates from Councilors? TOWN COUNCIL UPDATE Melton I just wanted to congratulate the Zionsville Fifth Grade All Stars for placing 5th in the nation at Rocky Top Tournament over the weekend. So, I might be a little biased. My son was there so - but just a fun experience. Plunkett Very good. Culp That’s awesome. OLD BUSINESS A. Consideration of an Ordinance Amending the 2022 Salary Ordinance Ordinance 2022-23 (Final Reading) Plunkett Up next is Old Business. This is a Consideration of an Ordinance Amending the 2022 Salary Ordinance. This is a final reading. This is Ordinance 2022-23 and we have Jo Kiel. Kiel Good morning. Plunkett Good morning. Kiel As you know, the 2022 ordinance it’s just a little bit of clean up. A couple of, there’s a pay grade of the fleet manager that was previously misstated, creation of administrative manager position and removing some language regarding the Page 3 of 23 Zionsville Town Council November 21, 2022 police officers and updating the annual salary bands associated with five different pay grades. Plunkett Any questions from Councilors? I know we heard this last time as well. Burk Move to adopt. Plunkett First by Vice President Burk. I’ll second that. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 7 in favor, 0 opposed. Kiel Thank you. Plunkett Thank you Jo. NEW BUSINESS A. Flag Presentation by Zionsville Fire Department Lieutenant Casey Curtis Plunkett Up next is New Business. We have a flag presentation by the Zionville Fire Department and Lieutenant Casey Curtis. Curtis Good morning Council President – Plunkett Good morning. Curtis And Councilors. Thank you for this opportunity. So to give you a little background, my name, well I’m Casey Curtis. I’m a Lieutenant for the Zionsville Fire Department. I protect the west side at Station 293 on the A shift. I’ve been with the town now for a little over 7 years. I hope to have a good nice 25 career here. Another uniform that I did wear until September of this year was that of a Chief Petty Officer in the United States Navy in the Navy Reserve and during my 15-year career in the Navy, I just ended it with a deployment to the Horn of Africa and while I was there in the Horn of Africa, I had the opportunity and I was with Maritime Expeditionary Security Squadron 10, also used to be formerly known the Riverines, so the small patrol craft with a bunch of guns on it. We do a lot of cool anti-piracy stuff and seaward security. On my patrol craft, I decided to fly some national ensigns American flags and I wanted to present one to the Town of Zionsville as well as the Fire Department. So if I may – Mr. President, if you’d like to come down so I can read this and offer this to you. So, Forward Operation Flag. This American flag was proudly flown onboard U.S. Navy Patrol Boat 512 at latitude 11 degrees 36 minutes 22 seconds north longitude of 43 degrees 7 minutes 42 seconds east on March 20, 2022 by Maritime Expeditionary Page 4 of 23 Zionsville Town Council November 21, 2022 Security Squadron 10, Command Task Group 68.6, Command Task Group 68.6 while conducting anti-terrorism forced protection operations and seaward security in the littoral waterways and inland harbors located within the Gulf of Tadjoura. It has been a longstanding tradition in United States Naval history to fly flags while underway and during battle to display our presence and unwavering commitment to our great Nation. This United States ensign was flown during an underway escort in the defense of the USS Hershel “Woody” Williams T-ESB-4 which is an expeditionary seaward base. So a little about that ship – the predecessor of it, the USS Lewis B. Puller when we first went to Afghanistan back in 2001, the base they used was a ship and they were on that ship and they used that as their forward operating base until they were able to get some landward expeditionary base which is in Djibouti, Africa which is where I was. This flag with the similar wording with the only caveat and difference that it was flown on April 25, 2022 and it was flown during an underway escort and in defense of the USS Mount Whitney LCC 20. The USS Mount Whitney is a commanding control ship for the United States and coalition partners and it’s based out of Italy. And for my final piece, if you looked on your desk before you got here this morning, this is my personal challenge coin that I had made when I became a Chief Petty Officer in the United States Navy and it signifies a very, very big mark in an enlisted man’s career in the Navy. So just to go over it with you and to let you know what it represents, is if you look in the side that has the United States Navy Chief’s anchor. It says Chief Hospital Corpsman Casey R. Curtis, me, it says anchored in faith up at the top – always be, always be anchored in what you believe in and service before self. Sometimes we have to put ourselves before others to make sure that we’re doing the good work. On the background it’s set on a compass rose and up top is north. Always follow your true north and don’t ever forget that. If you flip it over on the opposite side, it has the insignia of the fleet Marine force enlisted warfare specialist. For the first 10 years of my career I served with the Marines as their combat medic so that was a distinction that I was able to earn after some time in Afghanistan with my Marines. On it it says ad meliora per aspera ad astra ad infinitum and that is Latin for Into the Stars Through Hardships for the Betterment Forever. So, thank you very much for your time. Culp Thank you for your service. Burk Thank you. Traylor Thank you. Melton Thank you. Plunkett Thank you. Lieutenant Curtis, thank you for your service. That was easily one of the coolest things I’ve ever been a part of. That’s awesome. Page 5 of 23 Zionsville Town Council November 21, 2022 B. Consideration of a Resolution Regarding Town Council Adopting Guidelines for Town Council Legislative Redistricting Resolution 2022-21 Plunkett Okay, up next is a Consideration of a Resolution Regarding Town Council Adopting Guidelines for Town Council Legislative Redistricting. This is Resolution 2022-21 and we have Brian Bosma to, to present. Bosma Good morning Mr. President and members of the Council. My name is Brian Bosma, I’m the Chairman of the Municipal Practice Group with Kroger, Gardis & Regas and this is my fourth decennial census circuit of helping municipalities draw districts since 1990 so it’s my pleasure to work with, with you all on this matter. So you have before you a resolution that does two principal things: Appoints the Town Council President as your redistricting coordinator to present a map to you all for consideration and it also establishes guidelines both for the redistricting coordinator and for the public to participate in the process. We have litigated local maps, if you can believe it or not, all the way to the Seventh Circuit Court of Appeals and to the Indiana State Supreme Court so we’ve been on the bad end of those and also now I’ve come up with a plan over the last 30 years to avoid litigation if at all possible. The two primary reasons that a map can be overturned is because of the four legal requirements which we’ll talk about in, in a moment. One of those is as equal with districts as equal as is possible. So if someone can produce a map that has more equality of population, it puts your map into question and the second is lack of public participation in the process. Those are the two primary reasons. So what we’ve done is established the guidelines which establish a timeline for the public to participate in the process if they would like to. That has several aspects to it. First of all, the adoption of the resolution today. In an abundance of optimism, we’ve already submitted notice to the paper to, which we had to because of the long lead time which will appear tomorrow both in the Lebanon paper and in the Indianapolis Star that you all are embarking on this process and then there are several deadlines: November 29th if someone wants to submit a comment on the guidelines and we do receive comments on the guidelines. There usually is, give us more time but we’ll, we’ll take those comments and Amy, your public access coordinator, let’s see municipal outreach coordinator – am I close? Lacy Municipal Relations Coordinator. Bosma Relations Coordinator, already has the public access packets which I’ll talk about in just a moment. December 2nd by noon is the deadline to submit a plan both for your redistricting coordinator and for the public and that is in the coordinator’s office. December 7th will be your next, it’s actually a special meeting, because of the timeline here, we determined that it was likely best to have a special meeting on December 7th. I think that’s at 7:30 a.m. here in the Chamber and there will be a public hearing both on your plan submitted by Council President and any plan submitted by the public and then the following regular meeting, December 19th, if all goes as planned, will be the adoption on final passage of the ordinance and Page 6 of 23 Zionsville Town Council November 21, 2022 that is very timely because you have to finish this process by December 31. So you’re officially the last one that we’ve worked, are working with. There’s still a few in process now but you’re pushing up right on the deadline. I’m just going to walk through the guidelines briefly and then walk you through the map here that I’ve handed out to you and tell you about some of the challenges we’re going to have. So, Indiana Code is pretty quiet on what has to happen for this process. There’s no requirement to have a public hearing, there’s no requirement to give the public access. You could literally put something together in the proverbial smoke-filled room, pop it out, if everybody agrees on it, pass it in one meeting with unanimous consent like any other ordinance. So, the only criteria that appear in the code are the following five and they appear on page 1 of Exhibit A to the resolution. Districts must be composed of contiguous territory except for territory that is not contiguous to any other part of town. You have more non-contiguity than I have ever seen in 30 years so that will be one of our challenges that we’ll work with. Second is a reasonable compactness. Third, as nearly as is possible composed of equal population and then prohibition against crossing census block boundaries and census blocks are really odd items. Some are nice squares, some, you know, just stretch along a long area, very oddly composed sometimes so we haven’t gotten quite into that yet and then finally, the district may not cross precinct lines except for the two statutory provisions: 1) If splitting a precinct would keep two members of the Council out of the same district and then they set the rule and then give the wide-open proviso or if you need to split precincts to make districts as equal as is possible. We try not to split precincts. The County Clerk goes nuts over that. Voting centers help this process but they don’t solve getting people assigned to the right district so they literally have to go in by hand to assign census blocks and there could be dozens of them in a precinct to one district or the other. The guidelines embellish on those requirements and then the back of the guidelines goes through the submission and consideration of districting plans, a plan from the public – and we’ve actually had quite a few this year. None that were horribly good but we’ve had quite a few submitted among different municipalities this year. There’s a process for that and then in Exhibit 1 shows the notice that will appear in the paper tomorrow and then there are instructions and a summary sheet for submittals. We actually have already submitted to Amy a handful of those public access packets that have all that information in it and then I failed to mention to you there’s also a thumb drive in here that has all the data in here as well. If you should have an onslaught of people wanting you to draw maps, and I suspect you won’t, you always print more right here but this gives an individual the opportunity to access it. Now let’s talk about the challenges that we’re going to have in this together and, honestly, just with our preliminary look, this is going to be the most challenging one we’ve done this year. So your 2020 census, which is the data that we have to work with, has your population at 30,603. You divide that by the number of districts, 5, and that comes up with an ideal population for each district. That number is 6,120. So, after you determine what your deviation is, your total deviation is, you measure the population of each district against the ideal and, as you will see, District 5 is 20% over populated. District 3 is nearly 15% under populated. That makes your total deviation 35% about. We shoot for 5% or less, Page 7 of 23 Zionsville Town Council November 21, 2022 without splitting precincts. That is the goal, that’s the goal stated in the guidelines and it’s a goal we’ve been able to meet in virtually every one of these that we’ve done this year. If it’s more than that, we need to justify it in the ordinance because someone could split a bunch of precincts and get the population total deviation down to 1 or 2%. We don’t want to split precincts if at all possible. Now here’s the challenge – because of the makeup of Zionsville and the intervention of you know you who in the middle, you have only one direction to go to bring District 3 into a population alignment that’s either north or east from its current. Now you see I plotted for the one that you have there – it’s the location, residential locations of the Councilors and you can see that the residences of Councilor Melton, Plunkett and Culp are really close. So we strive, if the coordinator directs it, to try to not put more than one Councilor in a district. I don’t really see how that happens here because of the need to either go north or east and then a Councilor being right there in the next precinct next to District 3 and then we’ve got to shed quite a bit of population from District 5 and there’s just one precinct intervening from Councilor Garrett to District, the bottom one there – Culp 4. Bosma Yes, 4. This is not labeled. So, we will do our very best to work with the Council President to try to make a map that makes everyone happy but I can honestly say it’s going to be a huge challenge and, but we will do it, do what we can to make it happen. The other challenge here is the composition of some of your precincts. You can see, for instance, Eagle 5 – a nice, square with a long tail down. So, again, this just complicates the process but we’ll make it work and we’ll work closely with the Council President to try to present a plan that make sense to everyone. With that, very happy to answer any questions that you may have. Garrett Does, I think what’s important to me, you sort of, and there’s no accusation here and it’s, I think it’s a challenging map, but it’s important to me that none of the parameters for the districts are based on the voting of those districts. In other words, I just, I don’t want – and I don’t know that it matters because we’re all in the same party, but I don’t want to see like any political gerrymandering happening as a part of any redistricting. This really should just be because we’re forced to and because District 5 clearly is the best because it’s got 20% more than everyone else, but the, the equality of it is based on what you outlined with some of the challenges like census blocks and precincts and not based on trying to kind of lock in a district for one party or the other. Is that a fair statement? Bosma Yes, and that’s what we strive to do. I was just in Valparaiso, Indiana – had two Democrats on the Council, one quite vocal, they passed their map unanimously and for just the reason that you said, it’s not that we don’t look to see what the political results are, but the political results don’t drive the map unless the coordinator directs otherwise. Frankly, when you’re all of the same political party, it is pretty easy not to look at that as a driving factor. Garrett Is there a way to just not look? I mean, I would want to – I get we’re all the same party but like I just, I think there will be some funky lines because of things people may not understand like census blocks and precincts. Like I wouldn’t even want to know, right? Because that wouldn’t be a basis of my vote. My vote Page 8 of 23 Zionsville Town Council November 21, 2022 would just be is this equal, does it fit within the rules – like, I wouldn’t even want to know that this – Bosma Right. Garrett District voted more heavily this way or that way because it doesn’t matter to me. Bosma We will not present that data to you unless – Garrett Okay. Bosma We’re directed to. Garrett Okay, great. I’d ask it not be presented if I can, Mr. President. Bosma And that’d be consistent with what we’ve done elsewhere. Garrett Okay, perfect. Plunkett Yes, I think to Councilor Garrett’s point, this is something we’re required to do – Garrett Yes. Plunkett I think you can see here by factoring in growth that Zionsville has always been pretty well represented and fairly evenly. I mean, we’ve got a lot of growth areas around here. I mean, if you look at this and back it up five years, I would imagine that deviation is significantly lower. I mean, this is – so, I mean, I appreciate having this and for those at home this is just simply a list or a breakdown of the current districts in Zionsville and it has the populations in there. There’s also a website that Amanda has put together for the town that has a lot of this information on the website and where to direct questions and comments and that kind of stuff so. Melton Also, to be clear on that comment you mentioned about the three Councilors living close to the same area – that’s not exactly correct. We don’t live close to the same area on the map, we just live close to that line that delineates the – Bosma Correct. Melton Three groups and I think that’s important because part of the reason that I ran was to represent the western part of Zionsville and I just, just want to make that clear – that it’s not that we live right next to each other, we just share a line that separates the three of us. Bosma A better way to state it, Councilor, would be that you live in the next precinct. So if you’re going to take a precinct and put it into another district to add population, you’re bringing the – Melton Exactly. Thank you. Bosma Incumbent Councilor. Yes, yes. Page 9 of 23 Zionsville Town Council November 21, 2022 Choi You may have stated this and I may have missed this but just for the public’s knowledge, it looks like that the percentage difference that you’ve noted here are not increases or decreases from population so much as increases and decreases from the equal distribution of the district. Bosma Yes, the percentage shown here is the percentage versus the ideal. Choi Right. Bosma I presume the last time that you did this you were close at least in population so really the ones that, for instance, District 5, it just is a real growth area for you, I presume so. Burk Correct. Plunkett Any other questions for Mr. Bosma? I would make a motion to approve Resolution 2022-21. Choi Second. Plunkett Second by, was that Dr. Choi? Harris Yes. Plunkett Second by Councilor Choi. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 7 in favor, 0 opposed. Thank you very much. C. Consideration of a Resolution Regarding Year-End Appropriation Transfers Resolution 2022-22 (Public Hearing) Plunkett Up next is a Consideration of a Resolution Regarding the Year-End Appropriation Transfer. This is Resolution 2022-22. I believe we have Kellie to present on this. Adams Good morning again. So, this is, the first I’ll have another one to you for the December 5th meeting much longer. I just kind of got started and ran out of time but this is just, this isn’t, this is not additional appropriation, this is just moving funds from one line to another. In many cases, it doesn’t have to be presented to the Council if they’re, the transfers are within the same category but just for transparency, anything that needs to be transferred, any funds that need to be transferred I’m going to bring to the Council. So this is just line items that have went over and so now we’re just pulling money from another line item. Page 10 of 23  Zionsville Town Council November 21, 2022 Plunkett Are there any questions for Kellie? Garrett I’ll make a motion to approve. Plunkett This, wait. Garrett Okay, I’ll take that back. Plunkett This is a public hearing and I have proof of publication of the public notice of the public hearing. At this point I will open the public hearing. If there are any members from the public who would like to comment. Having none, I will close the public meeting. Garrett I’ll make a motion to approve. Plunkett Second. First by Councilor Garrett, Second by me. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 7 in favor, 0 opposed. Adams Thank you. Plunkett Thank you, Kellie. D. Consideration of an Ordinance Establishing the Compensation to be Paid to Officials and Employees of the Town of Zionsville, Indiana for Calendar Year 2023 Ordinance 2022-24 (First Reading) Plunkett Up next is a Consideration of an Ordinance Establishing the Compensation to be Paid to Officials and Employees of the Town of Zionsville, Indiana for Calendar Year 2023. This is Ordinance 2022-24 and this is a first reading and we have Jo Kiel. Kiel Good morning. The 2023 ordinance, the ordinance itself changes some naming conventions, titles, creates two Team Lead positions in Parks. This is not a staff add, just an elevation of those two positions, creation of a new Facilities Tech position and a new Procurement Fleet Services Administrator position. All of that is included, was included in the 2023 budget. The attachment A is the salary administration portion so listing of the actual base rates and annual stipends, B is the holiday schedule. There was no change other than moving dates appropriately and then attachment C is the longevity pay schedule that was included in the 2023 budget also. Page 11 of 23 Zionsville Town Council November 21, 2022 Plunkett So I appreciate, Jo, obviously on this ordinance it shows the actual salaries for the town. I certainly appreciate that. I know the pay bands were an effort and I appreciate having those in the past but I like having this broken down individually so, there’s significantly more clarity and transparency there, so I appreciate that. Kiel Sure. Plunkett Are there any questions from Councilors? Traylor I’ve got a couple and I apologize – I did not really dig deep into this until yesterday so my apologies about not getting these questions to you and I know that this will just be an introduction and so if you don’t have the answer, maybe we can get it before the next meeting. Kiel Sure. Traylor I had a question about the Procurement Officer. Is there a job description for that already? Kiel Yes. Traylor Can I get a copy of that? Kiel Sure. Traylor I may already have a copy in my email somewhere but I couldn’t find it. My very basic question was – I understand the benefit of having somebody that gets everything for the town. My question is more around like the Police Department, you know, for specialized like guns and, things that maybe a Procurement Officer wouldn’t have a knowledge of. I just am curious how that plays into that role. Kiel My general answer is we’ve not posted for the position yet because there are some of those questions still in play – Traylor Okay. Kiel How that might, how that position may interact and coordinate with police and fire – Traylor Okay. Kiel And some speciality areas like that. Traylor All right. And then as Councilor Plunkett pointed out, I appreciate these very specific salary amounts in there rather than the bands. I understand why the bands are beneficial to be able to move within them but last year we were within the bands so we didn’t know exactly where people, specific people – Keil Sure. Page 12 of 23 Zionsville Town Council November 21, 2022 Traylor Were landing but when I was looking at, I went back and pulled 2021 which was still on the very specific salary amounts and then compared it to 2023. It looked like most of the department employees were around 17% increase from ’21 to ’23 – Kiel Yes – Traylor And I understand we tried to pull everybody to the middle and did some things this year to get there but a couple stood out that were outside of that general range. The Deputy Mayor salary has gone up 26.6% from ’21 to ’23 and the Administrative Assistant, the Executive Admin went up 25% so they just fell well, outside of that range that everybody else seemed to fall into for increase in salary. Kiel And you were looking at the 2021 Salary Ordinance? Traylor Correct. Correct. I looked at the ’21 Salary Ordinance and the ’23 and I pulled other, you know, I kind of – those stuck out as big differences and then I pulled others to make sure I wasn’t misspeaking but it looks like most people are around 17% and these are closer to 25 and 27%. Kiel I’ll look into it. Traylor All right. Thank you. Last question I had is we have it looks like all department heads but one are on the same salary of $126,244 and there’s one that falls outside of that. If I can just get some explanation on – Kiel Yes – Traylor Why that one falls outside? And, again, I apologize about not getting these questions to you earlier, I just didn’t have time to dig into it until yesterday. Kiel Not a problem. Plunkett I do think there’s, this is a first reading, right? There’s some language that Heather and I have kind of worked through on this ordinance and Jo’s – we’ve been in communication with Jo – some language that, that addresses Councilor Melton’s questions from last time about at-will employment and specific to department heads and employees. There’s some contractual employment language in here that we’re just trying to figure out if it really needs to be in there so there will be a clean up of some of this stuff for the next reading as well so. Any questions for Jo? I would make a motion to introduce Ordinance 2022-24 on first reading. Burk Second. Plunkett Second by Vice President Burk. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. Page 13 of 23 Zionsville Town Council November 21, 2022 [No response] The motion passes 7 in favor, 0 opposed. Kiel Thank you. Plunkett Thank you. E. Consideration of a Zionsville Fire Department Single Source Special Purchase (Tornado Sirens) Plunkett Up next is a Consideration of Zionsville Fire Department Single Source Special Purchase. This is for tornado sirens and we have Josh Frost. Josh, good morning. Frost Good morning Councilors. I’m here to offer a little bit of explanation. This was introduced at the last Council meeting by Chief VanGorder. This is the single source request for the tornado siren purchase and the STAR Monitoring System. The, in 2018, we purchased, we the town, purchased 5 new emergency warning sirens that were placed intentionally around development that provide the residents an outdoor notification when there’s a weather emergency or some other emergency that falls in the FEMA guidelines for emergency warning sirens. The vendor that was selected at that time was Sentry Siren and at this point we’d like to extend the integrity of that system with a complete siren control and status monitoring done with the STAR system. That is a, a siren telemetry actuation report is what that acronym is for STAR and what that provides us is the opportunity to check the wellness and the health of all tornado sirens as they are deployed or used or utilized. The incidents that trigger those sirens are initiated by the National Weather Service and right now it’s a manual set off that goes on when those sirens are activated. This system allows for direct integration with the National Weather Service giving us a much more timely notification for residents and visitors in Zionsville. The other component of this is it gives us a history of everything from backup power signal strength and integrity and a report on that so that we maintain a history of what’s going on with the sirens. The way we currently handle that is we deploy DPW employees, police officers and Fire Department personnel around the town to literally sit underneath the sirens to see if they work. It doesn’t give us a lot of information about the guts of the siren and the health of the siren and this STAR system which is unique to Sentry Siren will integrate well with the system and give us that opportunity to have that history and maintain that integrity check over the entire system. Be happy to answer any questions. Plunkett Josh, at the last meeting when we did the single source it was for Stryker and it was our understanding that that was just, that’s because they were the only ones that could provide that service. Is that the same situation here? Is this group the only ones that can do this the way that it needs to be done? Frost It is. The STAR system is the, it’s a unique product for Sentry Siren. Plunkett Okay. Thank you. Garrett And do we have a quote yet? Page 14 of 23 Zionsville Town Council November 21, 2022 Frost We do. It’s, the request is for $70,000 for next year’s budget and we have the opportunity to put that in now and what the, that includes a replacement siren for the siren at Ford and Starkey that has failed and what we’re doing is working with Boone County REMC to relocate that siren to provide a little bit more coverage area. Right now it falls under a redundant siren. The effective range of the current siren is only 2,000 feet, it’s in diameter, and the new siren would be a 5,000-foot diameter and we’re proposing to relocate it with the partnership of Boone REMC down to Ford and 865 at the Water Treatment Plant. They’re providing with that a new pole and mounting the siren so that would include, the cost would include the replacement siren, the STAR Sentry system and the labor for the electricians to mount it. Garrett So, would this be bought in 2022? Frost Our hope is to do it in 2022, yes. Garrett So will there be an appropriation then coming in a future meeting? Frost It would be a de-appropriation from the 2023 budget like we did a similar purchase to do it on the front end now. Garrett Did we already do the appropriation for this piece then? Burk In the 2023 budget. Frost In the 2023 budget, yes, so we – Garrett But we want to spend it in 2022, right? Frost Correct. Garrett So, is there going to be an appropriation for 2022 if it’s in the 2023 budget? Frost That was, it is my understanding that was at the last meeting. Garrett Oh that was at the last meeting? Okay. That’s what I was asking to just trying to clarify. Frost Okay, I’m sorry. Garrett Yes, yes, yes. Okay. Harris And that’ll be one of the ones that we’ll have to go in and de-appropriate – Garrett Yes. Harris At the beginning of the year – Garrett Yes, yes, yes. Page 15 of 23 Zionsville Town Council November 21, 2022 Frost And one follow-up item, Councilor Burk, you had asked if there were other systems that are out there from our, the last meeting and we currently have that’s, the town has an opt-in Rave notification that is for, is for telephones, mobile phones and there’s an opt-in option for that. It currently sits on the town website where the public can subscribe to that service and provide that. That’s one example of how there are other systems that integrate into this but this is more for the health of the system and the actual overall system that currently is in place. Burk Thank you. Melton Chief Deputy Frost, the location that the current one is Starkey and Ford? Frost Correct. Melton And you’re going to move all the way out to 865 and Ford? Frost Correct and that will help give us coverage throughout Starkey Park. The way that that would work is we’d end up projecting sound in that south boundary there along the Marion County/Boone County line and give us that protection along the Eagle Creek basin that’s there by Starkey Park. Right now there’s an additional siren that has a larger diameter of coverage area and it’s located at ZPD right now at the building there. So this helps fill a void. Melton It helps fill a void. It just seems like the population down there is very nil for this to be moved but I’m sure you guys have done the research and figured out that aspect of it. So, great, I just wanted to understand that. Thank you. Plunkett Yes I think as Josh had mentioned, I think that the key is just that this is software that works with the current system. This is, I feel a little bit better about the single source in that regard, right, because it’s something that’s compatible with it. Any other questions for Mr. Frost? Garrett I make a motion to approve. Melton Second. Plunkett First ty Councilor Garrett, second by Councilor Melton. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 7 in favor, 0 opposed. Thank you very much. Page 16 of 23 Zionsville Town Council November 21, 2022 F. Consideration of a Request to Vacate Two Drainage Easements (Holliday Farms) (Public Hearing) Plunkett All right, up next is a Consideration of Request to Vacate Two Drainage Easements. This is in Holliday Farms and we have, I believe, Janice and Mike. Garrett Hey, Heather, real quick – I don’t know if this matters, but Holliday is spelled wrong on the agenda. We may just want to make a note of that because there’s two LL’s in that neighborhood. Stevanovic Good morning. Plunkett Good morning. Stevanovic Janice Stevanovic, Planning Manager, Community & Economic Development for the Town of Zionsville. With me today is Doug Fleener. Doug is part of Henke Development and part of this request as well. The request before you this morning is to vacate drainage easements, each being 10 feet in width located on each side of the shared lot line between Lots F32 and F33 within the Club of Holliday Farms Subdivision. According to Indiana state law, the authority to vacate a public way or place or platted easements is delegated to the Town Council. A related vacation petition to remove the existing property line connecting the two parcels has been filed and is scheduled to be heard by the Plan Commission at their meeting this evening. State law gives the authority to the vacation of platting, of platted property lines to the Plan Commission. It is noted that there is a conservation easement located on Lot 33. Historically, conservation easements have been noted on plats in Holliday Farms where there may have been a concern related to drainage. Subsequent to the original platting date of Section 2 in 2019, staff has reviewed several conservation easements and has approved that the conservation easement on Lot F33 be removed from the plat. Staff is in support of the request. Should the Town Council approve this request, staff will prevent an, present an ordinance for execution at the next regularly scheduled Town Council meeting for execution. Doug, did you have anything that you needed to offer? Plunkett Questions from Councilors? Garrett Is, is the intent, is this someone that has bought two lots and wants to make it one lot? Stevanovic Exactly. It’s a lot merge. Garrett Got it. And any concerns from staff on the request? Stevanovic None whatsoever. Garrett Great. Plunkett I do know we’ve received, Mike Dale sent a nice summary of a lot of these petitions that we’re going to see here moving forward and, I believe, including this one, and I can certainly, if those aren’t forwarded to Councilors in the future, Page 17 of 23 Zionsville Town Council November 21, 2022 I’ll start forwarding those to you. It’s a good snapshot of what’s going on and why and obviously, Mike can certainly speak to it as well but I do want to give you, give you a shout out there because those are very helpful. Dale Thank Janice. Janice puts those together. Plunkett Oh – well, there you go. All right. Stevanovic Always defer to the boss. Plunkett Well, they’re very helpful, Janice, so – Stevanovic I’m glad you enjoyed it. We’ll certainly continue that practice. Plunkett Yes. This is a public hearing. I have proof of the publication of public hearing. At this point I will open the public hearing. If there’s any comments from folks in the public who would like to would like to come up here. Having none, I’ll close the public hearing. Any other questions for Janice? Garrett I make a motion to approve. Plunkett I’ll second that. First by Councilor Garrett, second by me. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 7 in favor, 0 opposed. Thank you. Stevanovic Thank you. G. Consideration of an Ordinance to Amend the Town of Zionsville Zoning Ordinance (Plan Commission Petition 2022-45-OA - BZA Rules of Procedure) Ordinance 2022-25 Plunkett Up next is a Consideration of an Ordinance to Amend the Town of Zionsville Zoning Ordinance. This is Plan Commission Petition 2022-45-OA – BZA Rules of Procedure. Again, 2022-25. Janice – Stevanovic Thank you. Janice Stevanovic, Community & Economic Development with Mike Dale. We are here to present four ordinance amendments. I’d like to briefly outline that for you. Staff has presented materials, ordinances and memorandums regarding each of these four amendments for Town Council review as well as for public review. I’d like to present those to you now. The Board of Zoning Appeals, while three of the four amendment requests are very, very similar – Page 18 of 23 Zionsville Town Council November 21, 2022 Plunkett Hey Janice – real quick – I think we’re going to take action on these individually, correct? Harris Yes. Plunkett So, if we could just go one at a time – Stevanovic Sure. Plunkett I know, I know a lot of them are going to be similar but if we could just go through one at a time that way we can – Stevanovic Absolutely. Plunkett Thank you. Stevanovic That’s fine. The Board of Zoning Appeals Rules of Procedure is currently incorporated into the Zionsville Zoning Ordinance. The rules, the rules are intended to be standalone documents that are not included into the Zoning Ordinance but rather adopted, managed and amended by the Board. The intent of inclusion of the rules into the Zoning Ordinance was not the intent of the Indiana Code of statutes. Please note no text changes were included in this proposal. Along with the memorandum of explanation, we hope that that’s sufficient for your review so we request and fully respect approval of the Town Council to remove the Rules of Procedure from the Board of Zoning Appeals from the Zoning Ordinance. If approved, the rules will be re-adopted by the BZA at their next regularly scheduled meeting. My understanding is that Amy Nooning will be preparing an ordinance for the re-adoption. Happy to answer any questions. Plunkett Questions from Councilors? This was forwarded with a favorable recommendation from the Plan Commission 5 in favor, 0 opposed. Melton So to be clear, it’s law now and we’re going to make it rules? Stevanovic Which is what they were intended to be in the first place. So what we like to say with the Rules of Procedure for both the BZA, Plan Commission and Fee Schedule, this is basically housekeeping. They’re located here within the Zoning Ordinance, they need to not be within the Zoning Ordinance. Plunkett Any questions? I would make a motion to approve Ordinance 2022-25. Culp Approve, second. Plunkett Second by Councilor Culp. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 7 in favor, 0 opposed. Page 19 of 23 Zionsville Town Council November 21, 2022 H. Consideration of an Ordinance to Amend the Town of Zionsville Zoning Ordinance (Plan Commission Petition 2022-46-OA – Plan Commission Rules of Procedure) Ordinance 2022-26 Plunkett Up next is a Consideration of an Ordinance to Amend the Town of Zionsville Zoning Ordinance Plan Commission Petition 2022-46-OA of the Plan Commission Rules of Procedure. This is Ordinance 2022-26 and Janice and Mike again. Stevanovic Very similar to the Board of Zoning Appeals Rules of Procedure, the Plan Commission Rules of Procedure are also within the Zoning Ordinance. This is not what was intended. It’s not the intent of the Indiana State Code statutes. Should the Town Council decide to approve this request, an ordinance for re- adoption by the Plan Commission of the Rules of Procedure is targeted for December 5th. Happy to answer any questions. Plunkett Questions from Councilors? I’d entertain a motion. Garrett So moved. Plunkett First by Councilor Garrett. Burk Second. Plunkett Second by Vice President Burk. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 7 in favor, 0 opposed. I. Consideration of an Ordinance to Amend the Town of Zionsville Zoning Ordinance (Plan Commission Petition 2022-47-OA - Fee Schedule) Ordinance 2022-27 Plunkett Two more – up next is a Consideration of an Ordinance to Amend the Town of Zionsville Zoning Ordinance. This is Plan Commission Petition 2022-47-OA – Fee Schedule. This is Ordinance 2022-27. Janice and Mike – Stevanovic Related to the Fee Schedule, it is also incorporated into the Zoning Ordinance which is not the intent. Again, no text changes are requested or have been pursued. It’s simply a housekeeping item that the Fee Schedule is included within the Zoning Ordinance. We’re just trying to locate it outside the ordinance. It still stays within the Town Council purview and authority, simply moving it from the Zoning Ordinance. Page 20 of 23 Zionsville Town Council November 21, 2022 Garrett And just not to state the obvious, it’s not because you’re not changing the wording, we’re also not changing fees as you said – Stevanovic That’s correct. Garrett This is just housekeeping. Yes. Stevanovic No fee change. Melton Motion to approve. Plunkett First by Councilor Melton. I’ll second that. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 7 in favor, 0 opposed. J. Consideration of an Ordinance to Amend the Town of Zionsville Zoning Ordinance (Plan Commission Petition 2022-48-OA - Annual Deadlines and Meeting Schedules) Ordinance 2022-28 Plunkett Coming down the home stretch for the last one, Consideration of an Ordinance to Amend the Town of Zionsville Zoning Ordinance Plan Commission Petition 2022-48-OA. This is Annual Deadlines and Meeting Schedules. Again, 2022-28. Janice – Stevanovic The proposed amendment to the current Subdivision Control Ordinance contemplates an amendment to Section 193.035 of the Town of Zionsville SCO regarding the Plan Commission filing deadline dates for primary plats to provide consistency with annual Plan Commission meeting dates and deadline schedule, enclosed for the Town Council’s reference and also submitted for pubic review, it is proposed that the language as red-lined in the current SCO be revised to read: “Petitions for primary plat approval shall be filed with the Community & Economic Development Department as referenced in the annual Plan Commission meeting dates and deadlines. The revision language aligns the Zoning Ordinance Section 193.035 with current practices within the Community & Economic Development Department. For your reference, the approved 2022 Plan Commission meeting dates and deadlines were enclosed with the materials submitted to the Town Council. Looking for approval should it please the Town Council and happy to take any questions. Plunkett Any questions? Garrett I make a motion to approve. Page 21 of 23 Zionsville Town Council November 21, 2022 Plunkett First by Councilor Garrett. Burk Second. Plunkett Second by Vice President Burk. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 7 in favor, 0 opposed. OTHER MATTERS Plunkett Up next would be Other Matters. Are there any other matters from Councilors? Garrett I have a quick other matter because this meeting went a little quicker than I thought happily – over the weekend it was announced that, that Zionsville Police Department was awarded the CALEA Accreditation. Sergeant Samuelson was the Accreditation Manager. Would you mind if either Captain Sterling or Chief Spears came up for like 2 minutes just to talk about – Plunkett Yes. Garrett It’s a really big deal – Plunkett No, that’s great – Garrett Just kind of talk about that really quick because we’ve been following it in the Police Commission but maybe not at the Council level. Plunkett Yes. Spears Well, thank you very much for pointing that out. It is a big deal. The CALEA Accreditation is very, very important. CALEA is the Commission on Accreditation for Law Enforcement Agencies and they cause agencies who are interested in this, receiving this accreditation to dig really deep into their policies, their practices and make certain they meet national standards and best practices. We now join only 14 other Police Departments in the State of Indiana to have this accreditation. I think there are 4 other Sheriff’s Departments but I couldn’t be more proud of this accomplishment. This isn’t my accomplishment. This is an accomplishment of our police officers. It’s a validation of the integrity, the professionalism and the commitment they provide on a daily basis to the citizens of Zionsville and I want to – it’s always difficult when you start calling names because you’ll forget people so I’m not going to do that except I’ll mention one person and that’s Josh Samuelson. Josh is a Sergeant who oversees our Investigations but in addition to that, he served as our CALEA Manager and it is a tremendous amount of work but he was pleased to do it and he was pleased to document the good performance and the contributions of our police officers Page 22 of 23 Zionsville Town Council November 21, 2022 which led to this, to this award. We provided a presentation and answered questions Saturday morning at their conference in St. Louis and received a formal accreditation that night at their banquet and I think it’s also important for you to know the dedication of our police officers in regard to other duties they have. Right after that banquet, Captain Sterling and Josh Samuelson hopped in their cars and drove through the night to be back in Zionsville to conduct recruit testing at 9:00 Saturday morning or Sunday morning rather, so very, very proud of their devotion and commitment to that process as well and, again, this is an accomplishment by the officers of the Zionsville Police Department for the Town of Zionsville and I think we should all be proud. Thank you. Garrett Thank you, Chief. Choi Thank you. Culp Thank you. Burk Thank you. Plunkett Thank you. Any other matters from Councilors? ADJOURN Garrett Make a motion to adjourn. Plunkett First by Councilor Garrett. Culp Second. Plunkett Second by Councilor Culp. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 7 in favor, 0 opposed. The next regular Town Council meeting is scheduled for Monday, December 5, 2022 at 7:00 p.m. in the Zionsville Town Hall Council Chambers. Final notice will be posted in compliance with the Indiana Open Door Law. Everybody have a safe and Happy Thanksgiving. Respectfully Submitted, Amelia Anne Lacy, Municipal Relations Coordinator Town of Zionsville Page 23 of 23