These are the minutes of the regular meeting of the Town Council for the Town of Brownsburg, Hendricks County, Indiana, held at the Town Hall on September 25, 2014 at 7: 00 p. m. Members present: Gary Hood, Don Spencer, Dave Richardson, Rob Kendall and Ashley Hobbs. Also present: Jeanette Brickler, Clerk- Treasurer; Tricia Leminger, Town Attorney; Grant Kleinhenz, Town Manager; Brian Hartsell, Assistant Town Manager; Greg Anderson, EDC Director; Bill Brown, Fire Chief; Police Major Pat Bullock; and Jon Blake, Planning & Building. Gary Hood opened the meeting with an invocation by Rob Deas, Chaplain with the Brownsburg Police Department followed by the Pledge of Allegiance to the Flag. Roll call showed all members present. Citizens Comments Relating to the September 25, 2014 agenda was next on the agenda. Gary Hood began by reviewing the guidelines residents are asked to follow when speaking: First, keep comments to 3 minutes or less; remain at the podium while speaking; if there are documents to hand out, please give them to the Town Manager; refrain from loud private conversations between and among other audience members. David Wyant, 7210 Shagbark Court, Brownsburg came forward to comment on the last entry on page 22, a payment for Scott Newman and item # 08.02 on the agenda to Approve the Agreement with Luna Services for Contracted Language Services in the amount of$ 11, 442. 45 as set forth in the Town of Brownsburg Client Handbook. In his search of the website, that document was not found. Kurt Disser, 7210 E. CR 700 N, Brownsburg came forward and also commented the hiring of a Special Consultant, Scott Newman and asked why the Council is paying this much for a consultant. The next item is the approval of Consent Items; Rob Kendall moved to approve the minutes of the September 11, 2014 Town Council Regular meeting and Accounts Payable Claims Docket for the Town and Fire Territory for the Period of September 12 through September 25 in the total amount of$ 720, 996. 36. The motion was seconded by Ashley Hobbs and unanimously carried. There being no bid openings and/ or awards, the Council moved to Previously Considered Items. Ordinance# 2014-15 to Amend the 2012 Commitments Incorporated in Ordinance# 2012-20 and more specifically with regard to Modifications to Vehicle Entrance Locations was on the agenda for proposed 2nd reading. Jon Blake addressed the matter commenting that the Plan Commission gave its favorable recommendation for approval of a 960, 000 square foot single
Page 2 building instead of two % million square foot buildings, with full access from Northfield Drive and a traffic signal. Entrance# 1 is at Windhaven Circle across from the Apartment Complex on 56th Street with right turn in and right turn out; Entrance# 2 is across from Dale Schrier Drive; Entrance# 3 is at Sable Chase Drive with a traffic signal off Northfield Drive with full access for passenger vehicles only and no semi trucks; #4 is at Penwood Lane with full access with signalized intersection; # 5 near TJX with full access; and # 6 at Eagle Pointe Circle East with full access also. Don Spencer moved for seconded by 2nd reading of Ordinance # 2014-15; the motion was Dave Richardson. Discussion was held in which Grant Kleinhenz added that the Plan Commission did not give its approval. No changes are recommended since first reading, but a Finding of Facts was approved. Upon call of the question the motion was unanimously carried. Ordinance# 2014-14 to Provide Final Approval of the Economic Development Loan Agreement with Tooth Bank, LLC for the purpose of Financing the Acquisition of Certain Economic Development Facilities, tabled from the September 11 meeting, was on the agenda for proposed first reading. Before continuing with this matter, Don Spencer recued himself from discussion or voting. Greg Anderson addressed the matter of granting a $ 400, 000 loan from the Town of Brownsburg EDIT Fund to Tooth Bank, LLC. and explained that Tooth Bank will hire employees with salaries in the range of$ 85, 000, and is a 5- year loan. The loan was given a favorable recommendation by the Plan Commission. Dave Richardson moved for 151 reading of Ordinance# 2014-14. The motion was seconded by Rob Kendall and discussion held regarding security or collateral for this loan. The Council was informed that there is over% million dollars in sophisticated lab equipment. After further discussion, Gary Hood remarked that there are no further questions, there are good reason for a loan and he is supportive. Upon call of the question, the motion to approve Ordinance# 2014-14 was unanimously carried. Item # 07. 03 approving a Non- Exclusive License Agreement with Zayo Group, LLC to install Cellular Communications Infrastructure in the Town of Brownsburg Right of Ways, tabled from the August 28, 2014 agenda was again presented for approval. Grant Kleinhenz addressed the matter stating several changes have been made since last meeting, including the addition of a one- time administrative in Section 5 of$ 1, 000 and changing the term from 5- years to include the option of a 5- year extension. Any inaction on approval of the agreement will be deemed a denial. Further discussion was held. Dave Richardson moved to approve the License Agreement as presented. The motion was seconded by Don Spencer and unanimously carried. Resolution # 2014-24 Providing Final Approval for the Recommendations of the Brownsburg Improvement Committee, Inc. with Regard to the Award of Funds Under the Town' s Facade Grant Improvement Program was presented. Brian Hartsell explained the program and projects submitted. Don Spencer moved to approve the Resolution # 2014-24. The motion was
Page 3 seconded by Dave Richardson who then moved to amend the resolution by removing items 11, 12 and 13. Gary Hood asked why he wanted them removed and it was explained that there is no money approved for paving and striping. Further discussion was also held regarding the three properties in items 11, 12 and 13 located at 1531, 1630 and 1650 East Northfield Drive. Funding was denied by BIC but would like to hear the explanation and consideration from BIC in a separate package. It was also noted these three items will need to be addressed by BIC in a special meeting. After further discussion regarding the deadline for filing applications and the date of BIC meetings, upon call of the question, the motion to amend the resolution was carried on a vote of four in favor, one opposed. Roll call of the vote shows Dave Richardson, yes; Ashley Hobbs, yes; Gary Hood, yes; Don Spencer, yes; Rob Kendall, No. Upon call of the question on the original motion to approve Resolution # 2014-24 as amended was unanimously carried. Next on the agenda was a request for to approve an agreement with Luna Language Services for the Provision of Contracted Language Services. Brian Hartsell addressed the matter of providing alternative communication which is necessary under the ADA rules through sign language, remote video, interpretation or Brail at a cost of$ 3. 00 per minute. Don Spencer moved to approve the agreement with Luna Language Services for the Provision of Contracted Language Services. The motion was seconded by Dave Richardson and discussion held in which Grant Kleinhenz explained the Town receives Federal Funding and must provide these services for impaired persons. Upon call of the question the motion to approve the contract with Luna Language Services was unanimously carried. Reports from Commission and Boards were next on the agenda. The Major Pat Bullock of the Brownsburg Police Department written presented the monthly report and asked the Council if there were any questions or comments they would like him to address. In addition to the report, Major Bullock also informed the Council that Public Service Awards for Reserve Officers were recently presented; Rob Kendall congratulated him on his receiving that award also. Don Spencer asked if there were any updates regarding heroine use in the community and Major Bullock that Captain Jennifer Barrett participated in a 5K run called " Into the Light" sponsored by Hendricks County Drug Task Force was being held in Brownsburg on Saturday to bring awareness about the problem of heroin use. Next was the Fire Territory Monthly Report presented by Chief William Brown, who first congratulated Major Bullock for winning the donut eating contest; but more seriously, he informed the Council that the State is moving along on the Hendricks County Communications project and recently directed legal Council to work with them to have an agreement for a communications tower by the end of the year. Also, thanks to the Hendricks Regional Hospital for holding County- wide fire training and training using live burns held on CR 800 E. The 911
Page 4 Benefit Car Show raised a significant amount of funds for the cause. National Fire Protection Week is held every October; several fire prevention activities will be held and firefighters will be going door to door checking smoke alarms and want to remind residents to check home smoke alarms annually. The fire department will be in front of Fire House Subs on October 0 from 5 to 8 p. m. with public education displays. There will be EMS service for the 5k run on the 27 of September and the firefighters have built some miniature golf courses to be available during the pumpkin smash bash for an added activity. A new accredited EMS class is scheduled to begin on October 27 through April 17; the cost is $ 650. This program help the department personnel keep up to date on training. The Communications Report was next on the agenda. In Annisa Rainey' s absence, Grant Kleinhenz addressed the matter. The Communications Department is using more of Facebook, Twitter and hash tags recently with over 20,000 hits and replies over the social media. E- News is also a big hit with 35, 000 emails. Grant Kleinhenz announced that the Town has received three (3) Voice of the People Awards; the transformation award was presented in three catagories Mobility, Natural Environment and Citizens' Engagement award. Don Spencer asked who is able to post on the Town' s Website and was informed there are certain employees who are authorized to post. In an earlier comment regarding the employee handbook explaining the process for press releases and social media, it was noted that certain employees of the town are allowed and authorized to post on the Town' s website. The handbook is to be updated soon. Rob Kendall stated that there are flyers available on the tables by the doors into the meeting room regarding the collection of donated coats being gathered for both adults and children. The coat drive will continue to run through October 4 with distribution on October 11. Dave Richardson asked that an item be excluded or remanded back to the BIC for clarification and did not imply that a mistake was made. Under General Citizens Comments, David Weyant, 7721 Shagbark has asked for clarification regarding a payment to Scott Newman' s law firm but none of his questions have been answered. He asked, based on their conduct if each could honestly look themselves in the mirror and say, " We have done everything we can to regain some trust and dignity and respect and asked that each one take a few minutes to reflect on these words. Next, Kurt Disser, 7210 E. CR 700 N, Brownsburg reported on the status of the annexation lawsuit and commented one- half(%) is being heard in Hendricks County Court and the other
Page 5 one- half(%) is in Appellant Court. He feels ordinances are being adopted by the Council that have not been read or comprehended. Further actions can be taken by both the Attorney General and the State Board of Accounts. Jim Sering, 6 W. Tilden, Brownsburg, commented on the incidents last week of six ( 6) cars in Brownsburg being broken into and he feels that people are not taking more responsibility for their own property. He also reminded everyone that it has been six- two years, over 6 decades, since U. S. citizens were drafted for military duty. Residents talk about freedom, but do not do their part to protect that freedom. There being nothing further for discussion and upon motion made by Rob Kendall, seconded by Don Spencer and unanimously carried, the meeting was adjourned. ATTEST: Gary Hood, President Jeanette Brickler, Clerk- Treasurer