Town Council - Regular Meeting

Thursday, June 11, 2026

The Town Council heard a presentation on the Youth Assistance Program, discussed best practices for town council members, and addressed several new laws and their implications. They also approved bids for road improvements and an update to town signs, and finalized a rezoning request for a gymnastics facility.

About this meeting

Government Body
Town Council
Meeting Type
Town Council
Location
Avon, IN
Meeting Date
June 11, 2026

Transcript

176 sections

2:13 – 2:26Speaker 12

And we will start with the Aid on Youth Assistance Program. Thanks so much for having us. I'm Stacey Haverwell. I'm the director. Go ahead.

2:26Speaker 8

I'm Victoria Allen. I'm an early intervention advocate.

2:28Speaker 14

And I'm Gwendolyn Maxwell and I'm one of the students of the

2:35 – 4:07Speaker 12

Yep. So we get to see the impact every day. And so I just want to take a couple minutes of your time and show you what you guys invested in. So in 2025, we were able to serve 115 students. And those are all high school students, both at the academy and at the high school. This is kind of how we serve our students. So really, our main goal is to make sure that they get the services they need according to what the referral was. The thing I love about this program, it is not a cut and paste. So we can have three students come to us for tutoring, but all their program is going to look very different. We might have one that needs a tutor. We might have one that actually is bored and needs some extracurricular in addition to a tutor. And then we might have one that's struggling with mental health. And so we might need to get them therapy and also some tutoring assistance. So these are some of the ways that we do that. All of the programs are in our community. So we are not a one-stop shop. We wanna make sure and get them in the community and in the school with all their programming. So we wanna keep our money local in Avon. If something doesn't happen in Avon, then we keep it within Hendricks County. It's very important for us to keep the money that's raised local. Full family support. So when we have a student, we're student focused, but as you all know, when our families have difficulty or something comes up, then we want to take on the full family, even if they're students in that family that we don't currently serve.

4:11 – 4:39Speaker 8

I mean, one of our first families, they had a house fire. So we got them documentation, their birth certificates, their social security. And honestly, we just connected them with resources that they need. It was during Christmas time, so we got them a tree. Somebody donated from the community. And then we got them Christmas presents. And we helped them find a house so they could stay in for that time being.

4:40 – 6:22Speaker 12

That's another way that, as you can see, holiday assistance is pretty large. That is one time that families will reach out to us for needing additional assistance. They might be doing fine financially, but in order to provide gifts for their entire family can be difficult. And so they will reach out and ask if we can take on the whole family at that point. So that's a good example of that as well. In 2025, we had 39 graduates. The great thing about this is we also had 39 seniors. So every senior that was in the youth assistance program actually walked across the stage. So we're super excited and proud of all of those graduates. Some of our highlights. Avon School has been amazing. They have been so easy to work with. They opened up space in the Avon Academy and they opened up office space in the high school. I was really worried when we came to Avon because I didn't know how the teens would connect, but having the staff on grounds at both locations, those teens connect so quickly with them and they just open up and it's so easy to get them engaged in programming. We hosted our first fundraiser, which was a trivia night and we raised over $15,000. The Hendricks County Youth Assistance Program started a teen support group and this support group meets monthly at Avon Christian Church. They've opened their space for us and we meet monthly there. And that's open to all Hendricks County students. It's not just Yap. So we are trying to give space for all Hendricks County teens that want to share or want questions answered.

6:23 – 6:35Speaker 8

And do you want to share how we do the teen groups? Yeah. So we ask our students what kind of topics they want to discuss. We've went over impaired driving before, healthy dating, because we all know high school.

6:39 – 7:07Speaker 8

Some other things, let's see, we did art therapy for a session. We've done just honestly anything that they think of, we find somebody in the community and that person facilitates and we just hang out, have some snacks, drink some water, and we just talk. And it's a great way because the teams, they just love opening up with other teams, which is rare. You don't see that or you don't hear about it. So they just jump in and they just talk.

7:08 – 8:13Speaker 12

That's a good partnership that we do with multiple programs in the community. So we don't generally facilitate that. We just offer the space and pay for the location, but Care to Change, Sheltering Wings, unlikely journeys i mean if you name it if they're willing to assist us then we bring them in and they they help us facilitate those um so we we have continued to do that also we were able to match 15 mentor minty matches that is we have an adult that is paired with an avon high school student and they do structured mentoring with us and then they meet in the community as well and we provide them opportunities to do that And then the Hendricks County Youth Assistance received the 2025 County Achievement Award from the Association of Indiana Counties. So that was exciting. So this is how, when we close cases, we look at their programming to see, have they followed what the staff have recommended? The only thing the students have to do to remain in the program is turn in their nine week grades.

8:13Speaker 8

We are always tracking grades and we're always tracking attendance.

8:18 – 10:39Speaker 12

We also not only tracking attendance in school, but any programming that we hook them up with. So in that first slide, when it said athletics and mental health and all of those, we track their attendance in that programming. So if they're not going, then we're going to close their case. If they don't turn in their grades, we're going to close their case. We really want this program to be for students and families that want to change their paths. And so you'll see unsuccessful. That means could be multiple things. Either the parent didn't come on board with us. They were on board for a little bit and then stopped. They didn't turn in their grades. You name it. Also unsuccessful can, not in this situation, if we had a student that went into the system, we also track that. So even after the case is closed, we're tracking the students to make sure that they maintain out of the system. So at this point, we have not had an Avon student that's been in YAP enter the system. If they've moved out of the area, we can no longer serve them in Avon. Like I said, the money that's raised for Avon students has to be used for Avon students. We did have one student move from Avon to Plainfield, so they were able to put them into the Plainfield Youth Assistance Program. So we were able to help them that way. But if they move out of the area, we cannot help them. So in 2025, our success rate was we had 77% of our students that were successful. I think the next slide. Yes. So I just wanted to thank you, but it is so hard to share with you guys all the impact that we see on a daily basis. Some of it's really small grades. Some of it's small. Like we have high school students that are tutoring our YAP students and our YAP students are texting our high school student tutors when they pass a pass a test. Like I can't share with you how much impact that we get to see every day. And so the only thing I knew to do was to ask Gwen to come and share a little bit of her story. Some of you've probably heard her. She walks around and goes with us everywhere to share her story. And she was on the cover of... The Hendricks County Community Connect that came out. So I just, if you don't mind. Of course.

10:39 – 14:14Speaker 14

Yeah. So I transferred. I've been in Avon. I've been at the middle school. I've been at Pine Tree, but I've been moving back and forth constantly. My mom passed away in 2016. My dad has been incarcerated pretty much my whole life on and on. So both parents have been very unstable for me to live with. I came, stayed at Avon. What was it? Sophomore year, I had a 0.72 GPA. I was extremely low. I wasn't doing classes. I had no motivation. I was ready to drop out. I was done. Me and Miss Garrett talked about some things. Of course, being a teenager and being rebellious, you don't want to listen to anyone. So me and her definitely butted heads a lot. But one day, Melissa and Victoria showed up in the office. I thought I was in trouble because I got called to the office. But they told me about the youth assistance program. They were very open. They made it very obvious it's voluntary. This is not something we're forcing you in to do. We are on your page. We are not trying to force you to do anything. We are moving at your pace. I've been able to get my driver's license. Very hard to do. Also, I've gotten my mom's death benefit under my name, which is extremely hard to do as a minor, let alone someone who's supporting themselves and they were able to help me get that. I've raised about $11,000 with that to get my own housing. You guys have helped me with food, hygiene. I've gotten Christmas gifts, especially not having Being in poverty my whole life, you don't really get too much, and they've helped me out with so much. With the program as well, I've gotten school supplies, work shoes, work clothes. I've even gotten some supplies for college next year. I'm going to Butler Founders College. So that shows a really big impact of how much they can change your mind in a year just from wanting to leave high school and genuinely not wanting to get up the next day to go to school. To me, being too excited for college, and I feel like time is maybe too slow right now, but I'm taking advantage of it. I've also been able to help the community in ways through me joining YAP. I was talking at the Women's Giving Circle and we got a grant for $7,500, I believe it was. So I got to speak there, show people exactly what I'm doing for you guys. I've gained hope again, of course. That's a really, really big thing. I've been a lot more understanding. Seeing the Youth Assistance Program has also made me realize what I want to do for my future. I'm going for Youth and Community Advocacy at Butler. So I want to be able to do something like they're doing. I haven't worked with Melissa or Victoria as much as Melissa, but Melissa's the main girl I work with. She's definitely like a mother figure for sure. She's someone I can text and call at one in the morning. I know she's going to answer. I know she's going to be there for me. There's not a single time they made me feel belittled, judged, or just feel like I'm being pushed too fast or moving on. They've been a huge help. It's genuinely a program that, if a teenager doesn't work with it, which I completely understand why. Some people are very iffy. When I first met Melissa and Victoria, I was like, I don't want to work with them. Full honesty, I did not. It definitely took me out of my shell. I had to get out of my comfort zone to do so. But it's, if you take every opportunity they give you, you get extremely far. I mean, I graduated with a 2.7 GPA. So that shows a lot of what can happen in a year and a half working with the youth assistance program. Of course, the academy was a huge help, but without the assistance program, I wouldn't have been able to do probably about 80% of what I've done so far. There's so much more they do for me, but I honestly can't name it all. I really, really can't. I honestly can't. But they've been a huge help, and it's definitely opened my eyes to a lot more opportunities and made me realize how many people we truly do have surrounding us to help us and support us.

14:15Speaker 12

It's pretty much all. Yes, yes, yes. Does anybody have any questions?

14:25Speaker 7

I have a comment. I used to be on the board. I'll tell you, I miss it.

14:32Speaker 12

You're welcome back anytime.

14:35 – 14:46Speaker 5

I miss the stories. We have case manager counselors that speak to the board and get to hear this. We're almost in tears.

14:46 – 14:57Speaker 7

We're so grateful that you stuck it out and that you do that. It just encourages us to support you. I just want to say that.

14:58 – 15:18Speaker 14

I appreciate your words a lot. Thank you. I think being able to show vulnerability in front of people is a big thing. People need to learn how to do that. It really opens a lot of people's eyes. I mean, they've also helped me find housing, which is a huge thing not many people can do. I was homeless for about a year and a half, and I'm finally able to be stable and possibly even get my own place soon. So it's very exciting. It's very exciting.

15:22 – 15:34Speaker 12

Anything else? We greatly appreciate your time. Thank you so much for letting us come in and thank you for the financial assistance that we can do. We're able to do that. Thank you very much. Thank you.

16:12 – 19:48Speaker 4

Okay, you have 44 pages of material here. I'm gonna go really fast through some highlights and talk about best practices, doing our job well. New cases, new laws, so a lot to cover. But you can read the rest at your leisure. I do recommend that you do. So if you go to page two, we have broken down here your areas of responsibility. It's a huge job, but you hardly ever see this in one place. And so you have 40 different areas of responsibility, 27 of which are direct, which means they're in state law. and then uh 13 others that are indirect responsibilities they're all very important but if someone said what does it mean to be a town council member here you go and it's a huge job and so we're going to talk more about these later but we start with it's really a big job so how do we do it so if you go to page three i think there are just again some real fundamental things to remember as you carry out your tasks and the first one is uh policies So one of your principal jobs is to establish policies for the town regarding all sorts of things. And again, we wanna make sure that we adopt legal, fair and constructive policies. legal, fair, and constructive. That's our task. That's good. If we do that, we'll always be in good shape. And, you know, you depend upon your staff for assistance with this in terms of formulating good policies. And we bring these policies to you in ordinance. They're in your town code. It's where they're found. There's a whole chapter just on policies. So I would say, you know, continue to do that, but also from time to time, look at the town code and look at your policies. And if you see policies, that you think are outdated, or maybe we don't address an issue that you think should be addressed so that we have clear guidance. or staff about how we're gonna carry out your goals. Policies are just really, really one of your most important things you do. It's your legislative task. You're acting as a legislature when you do that. And again, we want them to be fair, legal, and constructive. We want them to be easily understood. We want them to promote one of your goals. So whatever it is, we should be able to point to each policy and say, what is that policy trying to help us with? And then we want to make sure that we can communicate them. But they are found in really 90% of your policies are in one chapter in the code. So you can easily get with them. And I ask that you look at them from time to time. The second big job is administration. And that is really providing proper oversight to your staff. because although you delegate tasks to your staff, you retain the responsibility as a council providing oversight, making sure they don't get too crazy. I'm not looking at you Shelby for any reason, making sure they don't get too crazy or that you give them the guidance that they would need. You've got talented people and that's great. But again, the oversight role is yours. One of the most important things is to select and hire really great people. You've done a good job of that. So that's really important. And then once you do that, then allow them to do their work. And I think you guys do well, but even it's not really a watch them run and do their thing because you still have to provide that oversight role. Financial is the next big thing. That's D there. And I think you guys also, you have a good job. They've done a good job.

19:48Speaker 5

You have great, Ryan understands it, but you have great gear toss as well to give you great information, recommendation.

19:54 – 22:09Speaker 4

So you're really solid financially, but it's a battle you fight every day. Every budget season, whether you're going to remain financially healthy is a battle you have to fight every year. I mean, you just can't take that for granted. And so, again, I would encourage you to look at those factors I've listed. And then lastly, compliance. You know, you have so many legal responsibilities to make sure that the town acts in a legal way, compliant with federal, state, and local laws and regulations. And that's a lot. And so, of course, that's one of my main jobs is to tell you what you need to do. But also, we just have to remember that even if you delegate tasks, the state of Indiana and the federal government will tell you that the ultimate responsibility for compliance lies with you, the town council, not with your staff. and so we need to take that role seriously and we've tried to build in several systemic things where that comes easy to you where we run information up the chain uh with compliance reports and your staff or your plan commission or your your agencies report to you that they've complied with the law so we try to do that so that it's uh streamlined and that information is running up to the top rather than you have to ask hey where are we on this or where are we on internal controls, risk management? Did we comply with that requirement that we sent this report in? That ultimately the state and federal government and under the current law really views that as all your job. It's okay if you delegate it, but they still say that's your job. So really, really important thing to remember. If you go to page four, risk management is one of the most important things you do because it preserves the assets of the town. it's really a duty that you owe the taxpayers to preserve you have millions of dollars of assets you have this park for example right behind you you have to manage it it's also the way you keep your employees and the public safe for example and so it's really a big thing you guys have a good track record on risk management and that really comes from having a good risk management plan annually reviewing that plan but also understanding what tools you have to manage risk.

22:09Speaker 3

And so if you look at A2, you have these five tools.

22:13 – 40:47Speaker 4

And our entire risk management plan revolves around this idea that we're going to make maximum use of all five tools we can with every risk we can identify. And so that's the strength of your plan. It's very detailed. But again, we want to avoid risk when we can. If we can't avoid it and we have to provide a service, we want to mitigate the risk. For example, you don't have to use that leather program. But if you do, you can do a lot of things to make it safer. And the third way is to mitigate the damages which might arise. And like the best way to think about this is seatbelt in cars, all the safety features in cars, Those are all about, if you have an accident, you're not hurt as badly. Same thing. All of our plan tries to do that. Reduce uncertainty. This generally has to do with knowledge of risk and ways that we can know more. And then, and I'll give you an example of that is one of ours is we don't want to have employees driving and doing the work of the town if they don't have a driver's license. So one of the things we do is we say, you have to turn in your driver's license. We're going to make a copy. Why do we do that? Inducing uncertainty, right? We don't want someone to do that, so we have to gather information. And the last is shifting liability. We do this often in our contracts. Whether it be road projects or otherwise, every chance we can shift responsibility to another party, we do that. So if somebody's going to design a road for us, we make them carry that. We're not designing the road. They are. We make them carry that liability. Those five tools, those are our go-to tools to try to manage all the risk that a government entity would have. Big, big tasks. And under three, I have best practice. I'm just gonna talk about a couple of them. But yeah, every year, the Risk Management Committee reports to you. And they make recommendations to you about changes to the plan. And again, I would ask you to take that really seriously. You'll have one member on that committee, whoever that is, really dig into that. And then when it comes to you, make sure we're doing a good job. Encourage and fund training. You know, your training for your staff, whenever they go to training, wherever they go, you're just making them better. That lowers risk. You know, we talk about reduce uncertainty. Every bit of training that your people get, they get information about how to do their jobs well. That's just vitally important. So I'm a big believer in that. All the training they can get makes us better but also lowers risk. When we do our annual review, your insurance carrier is involved with that, and you should ask the question, what claims are being made against us? What type of claims? How many claims? Are there areas we should be able to look at our claims and say, ooh, do we need to do something about people listing things, or do we need to do something about how we're driving our vehicles, or whatever it happens to be where we're seeing claims. And our insurance carriers are our partner in that, because they maintain all that data for us. And so that's a part of that committee's work. But that's information you should know. And then H, avoid public comments. I've written some things down here for you. Things I've heard in this room that I recommend you don't say to avoid risk. If you'll go to page five, employment discrimination remains a huge risk area and huge area of liability for governments. And so I've given you some information on these next couple pages. There are a lot of classes of discriminatory behavior now. It used to be three, race, creed, color. Now we've got this whole long list now. But it's just important for you to know, as people who hire, fire, promote, engage, interact, that you understand what types of behavior we need to avoid. And so the classifications are there for you. And again, you can see in number two, what do we do? Follow all policies. You already have an anti-discrimination policy. It's in your policies, in the employee handbook, in two different places, follow it. It's your policy that you're not gonna discriminate, so don't discriminate. So easy, I know it sounds like a big circle, but it's really important. Follow all your policies when you're dealing with these classes of people. You have a grievance procedure. I read a case yesterday that the first question the court asked in a case involving liability with someone training another training another employee was did the city have a brief response you do if someone believes that they're being sexually harassed or discriminated anyway you have a process you have a grievance procedure that's important so you've already got that covered so if someone reports that that sets a whole another thing into motion where we we have that review On number four, I have a whole list of things you can't ask in an interview. Please read that. I once did training, and then 30 minutes later, they interviewed not you. And then they interviewed someone, and the first thing they did was ask one of these questions I told them not to ask. And I stopped them, and I said, I just told you. I just told you. So it's so easy to inadvertently ask a question that is not discriminatory in its intent. You're not asking it, but it can be construed that way. So please review those. I just have given you examples of how you might do questions you might avoid. Then on page six, some hiring pointers. Again, you want to document why you favor one candidate over another, whether it be education, training, experience. And those are what I call non-discriminatory reasons. So you always want to know that you could justify what your rationale was. It's how we fend off claims of discrimination. We do not explain, we don't hire someone, we don't select someone, we don't explain to them. We do not, okay? We weren't in no obligation to do so. But we do not do it because they're gonna ask you 14 questions that eventually you might say something you shouldn't say quite innocently. So we just don't do that. We don't discuss with people why we don't hire them. Avoid the use of email about candidates. They may ask for that. What did they say about you? Don't do that. And then we use conditional offers if there's anything that they have to do to qualify for their position, passive physical, immigration compliance, those sorts of things. We make our offers subject to that so that we're not considering those two things when we hire people. And that's a second phase. Okay, bottom of page six, nepotism. Just a reminder to know the nepotism rules. You cannot hire your relatives. cannot contract with your relative either under state law. Top of page seven, conflict of interest. I know you know what this is, but again, you can see just four reminders that we can't approve contracts in which you benefit. There are filing of notices if you have any relationship with any approval. What are the penalties? It's my job to tell you that if you violate the conflict of interest law, it's a felony. it's very serious and then also if you violate this law you probably make the town ineligible to receive funds from inbound which would be a big deal for us so again we always play it safe here we've never had a problem here just want to make sure that it's safe if it is the next thing outlined there and i'm not going to talk a lot about that but other than to say you know we the town does house a lot of private health information about our employees it's just inevitable And so it's kept under lock and key. Your administrators do a great job of that. We just want to make sure that we don't bring private health information into this room during a meeting. And how it happens is we have an employee who's hurt and you want to express sympathy and you say, well, Chief House, Bill doing, I know he hurt his knee, chasing that bad guy. You can't have that conversation. So just remember that as I'm listed here, some things we can't do. The open door law, the bottom of page seven. You guys do a great job with this, but again, the material to outline, again, what is a meeting? Any time the majority of you are gathered, for almost any reason, unless it falls under an exception, it has to be in here and it has to be open to the public. The public has a chance to attend and record. Pretty boring sometimes. I don't know why they want to, but the purpose of the law is to let them do so. If you go to page eight, you'll see the exceptions. social gatherings, that sort of thing. And then you'll see what is official action and what surprises people when they hear this is saying nothing and just receiving information is taking action. It's passive and you don't think about it. But if you don't say a word and you hear a presentation, that is the best meeting that needs to be in public. The executive session, section number five, lists of all the reasons why you can meet in the executive session. And you know the last three, though, are new. So in addition to the normal things, the state legislature has expanded this a little, and now you can meet in the executive session to discuss compensation or benefits of a particular employee. The best example would be your town manager. You should not be able to do that, but you can do that now. You can also discuss changes to the employee handbook in executive session, which is great. Because sometimes you want to talk about topics that are sensitive, so that's a good option to have. And then lastly, I don't know, but they said two different bills last year. Anything you need to talk to your attorney about, you can say in executive session. So there may be things, none of my clients have voted that yet, but I mean, that may be a thing where if you want to have the discussion, everybody hearing it at the same time, that's how you would do that. So the second session is a little broader now than it used to be. If you'll go to page nine. Again, there's a section under C, how do you avoid pitfalls and violations out there at the door line, you can see most of them have to do with casual conversations before and after a meeting involving three or more people. Casual conversations are usually not much of importance. But to the public, sometimes they look important. And they give rise to complaints. And so I always say, after the meeting or before the meeting, just come hang out in groups of three or more, because it may look like you're doing business with them. Probably not, but I mean, just to point that out. Don't hold members, you can't hold members prior to the meeting. If you have a question about the open door law, consult with the secretary, that would be important. And again, we're in the executive session. We make good decisions when we take them on. That's not what it means. What it means is if you get into a discussion, they don't want you to call a recess, go back there, discuss it, and come back. If you take a recess, take a picture, that's fine. Take a recess and you've been here eight hours, you want to go to the bathroom, that's fine. This is about taking a break to go discuss it in private. That's what that's about. That used to be very common. That used to be a very common thing. And some governments would say, we need to take a recess so we can talk to our attorney. And the Public Access Council said, no. Access to Public Records Act. There was a bill this year to change some of this. In general, though, in general, any document, digital, electronic, or paper, that relates to your doing the town's business gets open to the public. So that means every email, every text, everything on paper. So I always tell people, unless you're gonna post it on the front of the building, don't feel like you could do that. Don't document it, okay? It's a public record. Be careful what you say, because it's gonna be something to give to people. So you have to keep in mind that you're creating a public document every time you do that, so be careful. Uh, in addition to that, because your text, for example, on your phone. Are about kind of business are public documents. You have to retain them for 3 years. You have to archive. If you turn in a new phone, you have to download all that. So just remember, if it's something sensitive, don't email about the personnel matter, for example. Or litigation don't don't don't be emailing about that. We shouldn't be. Dispose of real estate. You have very specific rules for the sale lease of property. Those are on pages 9 and 10. I'm not going to touch too much on it, but if you get into that, you have these rules where you can find them. Let's talk a little bit about rezone. This is one of the really more important things that you do. It's a legislative act. You get a recommendation from the Planning Commission. The Planning Commission probably dive deeper into this than you guys do and i think that they're so when linda comes before you the certification for a rezone here's my advice you remember five factors there they are a1 page 10 five factors i've listed them no one factor is more important the other you have to weigh them all five say which way to just tell yes now that's what you have to do so a lot of towns and cities Now, they really get hung up on their comp plan. Well, the comp plan says this is not allowed. So I'm against it. That's one of the five factors. So you have to look at all five factors. Also, you must make findings a fact. And so you have to not only vote, you have to say why. You have to say why you're doing this Ask questions of the petitioner. Ask questions of Linda. So before you get to discussions and motions, good questions are important. We're going to talk more about that later. But again, my advice is to make sure your questions relate to one of the five factors. So if it's a restaurant, reason for a restaurant, our first question is what's I've seen it. Linda, I've seen it. What's on the menu? I'm not making this up. Hey, we don't care. Right? Somebody says we've got to look at different places. That's not what we're talking about. Our questions, which you should write in advance of these, should relate to that. And you should be able to tell Linda and I which of the five this question is about, right? It should be linked. avoid questions that aren't about the five factors why because it makes the petitioner and the public think that you're considering the wrong factors this is a discipline issue for me let's be disciplined enough to really focus on our job and not make people think we don't know what we're doing It's not because of an embarrassment factor. It's because if they appeal your decision, and they say for 2 thirds of the time they discussed my cake, they talked about what was on the menu, instead of these five factors, that's a great argument for we were not considering the right factors. If you look at page 11, you will see number seven, good question to ask for your results. I've done some homework for you. and these are the kinds of questions you should ask in a reason very specific these i did my homework right these all relate to 105 and this is just these are open-ended questions you can ask the petitioner and so this this gives you an example of kind of where to begin and if you do this if you ask questions like this lynn and i both will be happy and i won't have to talk about it next year Plans new developments. Just remember, plans new developments are also rezones. They're a special kind of rezone with some different rules, but they are still a rezone. And so when you get into that, remember, I know it's a PUD, but it's a rezone also. Everything you said about rezone is compliant with PUDs also, and then the special PUD rules on top of that. Go to page 12. I'm going to talk for a minute about commitments. Commitments are very important. Commitments are voluntary promises you get from the petitioner. to do or not do something okay so especially in rezones uh you may want you may want to approve it with some conditions or get asking the petitioner for commitment to do or not do something the best example is if they want to reason from uh residential to commercial and you love their idea you love their ideas they're going to they're going to make it a uh consumer You just love it. If you look at the use table, you'll see all kinds of uses allowed in a commercial district you may not. So you are allowed in a rezone to say, we'll approve that, but would you commit not to put in ever a gas station, whatever.

40:47Speaker 5

Once you approve a commercial, they can use that for any permitted use in a commercial district or whatever district they're at.

40:54 – 41:55Speaker 4

But here's seven things we would never approve of that location. So grab your use table and look at that. Now, your staff will be given the same analysis and probably making recommendations before you go to the planning commission about this sort of thing. The planning commission, they're trained to do the same thing. They're trained to do the same thing. They're trained to do the same thing. They're trained to do the same thing. They're trained to do the same thing. When it gets to you, you may look at that use table and say, I don't understand why we want this one use here. Why would we want nuclear reactors right here? Whatever that is. And so I just would say, when you see under your agenda you have a rezone case, the first thing I do is grab the use table. Say, oh, if we approve this, what's allowed there? What am I getting myself into? Because what you're approving is not the actual proposal they have. You're establishing a mystery.

41:56Speaker 5

You're saying it's okay for this whole district.

41:58 – 42:13Speaker 4

You may not want all those uses. So that's really important to know. You need to be really clear about what the commitment is, what is the promise, as detailed as you can. But I think that you can see B-5, great place to start is go to that use table.

42:13Speaker 18

Dan, are those commitments then binding if ownership were to change?

42:17 – 42:49Speaker 4

Yep. They run with the land and they get the court so that every future buy-in exists. A comp plan, again, the comprehensive plan, I just would say we need to review that every five to seven years. It's a really, really, really important document. And you guys have done a good job of picking that thing up, revising it from time to time. And I say it's five to seven years because you're growing, you've grown fast enough that you can't wait five to seven years for you to do that. So actually on our project list that Ryan and I work from, It's already out there.

42:49Speaker 5

Review, talk about it in whatever year that is.

42:52 – 43:39Speaker 4

We keep that on the list five years out so that we can come to you and say it's time to do that. Okay. Page 13. My three best practice recommendations. Public comment, allow it. Don't engage the speaker. Is that an argument? They're allowed to say whatever they want to say. And let them say it. And the worst thing I can see is when somebody decided they want to take that person on because they disagree with them. Not what it's about. Secondly, litigation. We do not discuss litigation publicly. I'm going to say it again. We do not discuss litigation publicly, ever. Okay. And then personnel matters. We don't discuss personnel matters, ever.

43:40 – 47:55Speaker 4

So don't do that. post-issuance obligations for bonds we took care of this last year in a new internal control it's really important though because when bonds are issued they're 20 years 20 years we're going to pay that bond for 20 years we build our project like the civic center you're going to build it you're going to move in and everybody's going to forget that there's a bond we're paying all these years and when we issue those bonds whether it be you or the rdc or the rda or remember it was Parts apart, it doesn't matter who it is. The law said you, the town council, you guys are absolutely responsible for everything you promised to do to assure investors that this bond would be paid, all that's up to you. So now what we've done through the internal controls, we've created checklists for these bonds and the issuer has to report to you Every year before December 31st, they've done all that. We've created a system where now that's being done. You're the issuer, which would be rare, but if you were, you would do the checklist. It says we have to give them our audit. Did we give them our audit? It says we have to give them our financial information. Did we do that? It says we have to report certain material events. Did we do that? Did we have any material events? So Ryan and I take care of that for you, but again, that's just an important thing to know that We have obligations to the investors on those bonds until those bonds are paid. And if we don't fulfill those, it's going to be harder to issue bonds next time, and we don't want that. Internal controls, again, internal controls are, they started out being designed to prevent the embezzlement of public funds, and now they're really far reaching. But the state of Indiana says, you, the town council responsible for these, you have a good set. And we update them every year. And we've done what the State Board of Accounts says. But just remember, every year you're going to get a report about that and what changes need to be made. Again, take that seriously. OK, please now go to page 27. So I have several pages. I keep these cases in here because they're great reading. But I'm going to go to the new cases this year and last year, the last 12 months. The reason I talk about these cases is because we can learn. Okay, we can learn from these cases. So I'm just gonna touch on some concepts that help us. And municipalities had a pretty good year. So the Ruggles case was interesting because in that case, the allegations were that the Hamilton County commissioners told someone they would not hire a woman for a particular position. I don't know whether that was said or not, I don't know, but that was the allegation. So the advisory committee, the community correction advisory committee recommended a woman to be the executive director. County commissioners who decide said no, she didn't get the job. A man got the job, she sued for discrimination based upon her gender under Title VII. And in that case, some smart lawyer said, well, wait a minute, Title VII, which is the pillar against discrimination on the basis of gender, that does not apply to appointees of policymaking positions. That only applies to employees. And the court said, that's right. That's how Congress wrote Title VII in 1964. And everybody forgot. And so, ma'am, we're very sorry. but your claim is going to fail even if you were actually discriminated against because this is not, you're not a protected person. And I will tell you, that's something, you know, again, 1964 is a long time ago, but that's what Title VII says. And so that was an interesting outcome. Now, what I want you to learn from that though is how did they get themselves in trouble? If one of the commissioners said to the recommending committee, we won't hire anyone but a man, okay? I don't know that that actually happened, but could we all promise we'll never do such a thing? And that we won't consider their gender, we'll look at our best candidate.

47:55Speaker 5

That's what I want to learn from this case.

47:57 – 49:45Speaker 4

One, don't consider it. Secondly, don't be, if you do, if you're dumb enough to do it, don't talk about it, okay? Okay, number two, Indian Land Trust versus Hammond Redevelopment Commission. This was a case where the mayor wanted to build like a boulevard to connect two areas downtown, and there was one problem. There was a business in the way, fireworks business. And they said, okay, we're going to acquire that property. And so we're going to tear down your business. We're going to pay you for that. And the owner said, no, no, no, you don't need to do that. In fact, you don't need to build that road. And the only reason you really are building that road is because you want to help my competitor who has made a very large contribution to your campaign. You can just see where these allegations go. And so he sued the mayor and the RDC. And again, the lesson in this case is the Supreme Court of Indiana said that the RDC members and the mayor do have immunity for this kind of decision making. Whether to build a road is their job and whether to initiate a litigation to condemn property is also their job. Indiana Tort Claims Act says you have immunity as long as you're doing your job. So there were two different bases. One, we're doing our job too. We file litigation. And we always have immunity for that because we don't decide the litigation subject or jury. So that was an important case. Martin v. Goldsmith. Is the chief still here? Oh, I've got to tell him about this case. This case is important because this was a case where up in Tippecanoe County, the sheriff and two prosecutors got themselves in trouble. This is a federal case, Seventh Circuit.

49:46Speaker 5

This is right before the United States Supreme Court.

49:50 – 55:02Speaker 4

The allegations were that two prosecutors and a sheriff conspired to get this officer to resign because of an excessive force allegation. Told them that if he resigned, all this would go away. He did that and then it didn't go away. And the prosecutors, for example, sent a letter to every lawyer in some of the towns in the county saying don't hire this guy because he's disqualified under what's called the Brady-Giglio rule. And when they got sued, the prosecutor said, we have immunity. And the court said, you don't have immunity for that. You have immunity if you are obligated to report that in another criminal case, you have immunity. But this idea of defaming someone and making it impossible to ever be hired again as police officer is not something you have immunity for. So we always have to remember immunity. We always want to have immunity for our government, but that only goes so far. Immunity is not absolute. So this is another good case of that. For Martinez versus Smith is a good case. It says something I've always thought, but Supreme Court case saying that landowners have an obligation not to allow a tree or shrub to grow in front of the stop sign. Now, believe it or not, the court never said that before. All of us lawyers assumed that. But that also means if it's in our right-of-way, it's in our right-of-way and it's our sign, then Ryan should be telling Steve to get somebody out and cut that tree down. But the landowner is also on the hook for it. Both parties are liable. And so I had this case once where we told the landowner, you need to trim back your tree because you're getting in the way of our sign and they wouldn't do it. I told the highway department, go get your chainsaws and cut down the tree. We have the right to do that? We do. We do because of this rule. And then the Bostic case, which is a probation officer case, and who's responsible for the rogue probation officer who allegedly rapes a probationer. The reason I include this case, though, is this case is about supervisory liability. Now, you have people you supervise. And if Ryan Cannon does something dumb, they sue ryan they're also going to sue you in this case the seventh circuit again which again i agree this is way up there away up the food chain they said look the the supervisor the town or the city you're not always liable for what your employee is you have to either know what they're doing or you should have had reason to know if you don't know what they're doing You have to be either directly involved or have knowledge, or you don't have liability, and that's important to know. I get this question all the time. What if that guy who's moaning in the park, what if he does something and they sue us? Well, supervisory, they sue Shelby saying she should have been supervising him. It's not absolute liability. Shelby can say, I didn't know you were doing that. I was supervising a problem and I still didn't know he was doing that and she's going to be protected. So this is a really important theory, kind of a concept that is not always addressed and that the court in Seventh Circuit did a really good job in this case of kind of saying, if you go after that guy who did a bad thing, that doesn't mean everybody in town is going to be liable because there's actually a test we're going to apply and we're going to look at what's going on. Okay, if you would please go to page 33. Now, Page 33 is where we talk about new laws. Your training last year was before the session ended. So I just want to tell you, we didn't know all this last year. So I've included all the new laws last year. I'm just going to point out a couple of really important ones. If you'll go to 34, you'll see House Enrollment Act 1134 changed the executive sessions. And I've told you about this already, but this is the detail of that. second session use. If you then go over to page 36, last year, House Enrollment 1461 was a huge bill on road funding. Huge bill that you guys need to know about. And I've put some things in bold. Huge things to know about, about how to qualify for road funding in what we call this new normal. Now, you guys do almost all this. You guys do a great job, the way that you manage your road system. But again, there's a lot of new things there, so be aware of that. 1509 on page 37, change your agenda. If you guys have done that, now you have to list everybody's name and who appointed them. That's this bill. Then if you go to page 38, Senate Enrollment Act 1, the property tax reform long in. Big, big bill, affecting a lot of things. We'll see what survived, but I've broken it down there into a lot of elements for you.

55:02Speaker 5

I'm not gonna spend a lot of time on that.

55:05 – 55:23Speaker 4

Senate Enrollment Act 95 allows for the recruitment of law enforcement training. So if Chief Duke's hired somebody, while somebody comes and steals them, we can recruit training expenses. So that's a big bill. Now, if you go to 42, they talk about the bills that came out of the most recent.

55:24Speaker 5

Yes. That also goes the other way, though. It does go the other way. It does go the other way, yeah.

55:31 – 59:34Speaker 4

We still saw them, yes. Now, there are 294 bills in the most recent session. I'm not going to talk about all of them, but I'm going to talk about a couple of really important ones. So the first one is House and World Act 1161, page 42. They've changed appointments and the way that members can, your appointees can be removed. It used to be that some of your appointees could be removed for any reason, and some of them could only be removed by cost. Now they've changed that. Now for your planning commission, BZA, RDC, and EDC, they can only be removed for just cost unless whoever appointed them is still in office. Now, Steve Eisenbart is here new tonight, which means that if council made an appointment prior to tonight and you want to remove them, you're not going to be able to remove them unless there's cause. Now, if the town council president appointed someone, again, as long as Dawn is the president, she can remove them, but the many of the presidents can't remove them. This is really kind of a big deal in terms of removal. It's hard to show just cause, but this just changes the game a lot. So that's A. You'll see in B, this is new. It was never state law that you had to have an employee handbook, or that you had to have evaluations, or those evaluations had to be kept in a file, or that the employees had to sign the employee handbook. Now that's on the law. All local governments must. You guys, of course, do this already. But just in case you were tempted to get rid of your employee handbook, now it's the law and it's part of 1161. And then 1161 also said, well, despite that, now let's just all keep our heads about us. Elected officials retain the ability to discipline and control their own employees. This would be your clerk treasurer, your only example here. So 1161 was kind of a big local government employment rights bill that got in there. 1044 is a bill which basically said that if you allow disabled law enforcement officers to be eligible for your health insurance, let's say you have to, you have to charge them the same as you do an active member. That's obviously something that law enforcement officers push for, probably good policy, probably the right thing to do, but we don't have to decide now, it's a law. 1184 says the police chief must have a towing policy or contract, so I wanna make sure we knew that. We are working on a towing policy and you'll be seeing that come to you in a meeting soon. So you'll be seeing that. 1210, when Senate Bill 101 was adopted, the state legislature got a lot of pushback from people And so now, miraculously, the state legislature now says that if you have a contract with the municipal financial advisor, you must put that on your website. And you must send it to the LTA. I think because they weren't happy with the people saying that the property tax reform wouldn't work. So now you have to do that. So the voting public in Avon and everybody in the world can know what you paid right here. But the second part of it is also important. it's the must committee uh remember i said this the bus committee is actually donating so much which stands for municipal unit strategic task force says that your county council may begin discussions with towns and cities of the county prior to october 1 of 2026 to discuss what in the world we're going to do about local income tax next year and ryan's going to talk about this later uh i think

59:35 – 1:00:39Speaker 5

well i'll just go ahead and say a lot about it but in in your packet below your agenda you have a copy of the letter and so i work with uh every month i do a meeting with the county so we had a conversation about this and so we've actually together drafted a letter to the commissioners into the council requesting that this meeting to the start by home they may say yes they may say process or at least reach out. I wanted to at least share this letter with you in case county council or county commissioners say hey what's up with that you know why did you get it but this is from the four major towns all of us basically worked together on this letter and that's why I wanted to keep you guys in the loop that we started that process and we don't really know what it'll look like yet. I've had a conversation with at least one county council member who doesn't seem to when we started that process.

1:00:40 – 1:01:31Speaker 4

Under Senate Enrolled Act One last year, the state legislature said, well, it's gonna be different. The county's gonna have 1.2%, and then every other city, town, fire district, non-civil unit, township, all of that combined is gonna be 1.7. The maximum total load is gonna be 2.9. And of course, the local governments pushed back and said, what? So what the legislature did here is they said, look, if you people can get together and agree, fine with us. If you can't agree, it's going to be this way. So this must committee, which is May, is local government's opportunities in Henderson County to say, let's do it our way. And that's why I think it's a good idea to have the conversation, because what may be right in one community may not be right in another.

1:01:32 – 1:03:40Speaker 5

if it doesn't happen then we're going to go into 27 and it's going to be lockstep and the county's going to the county council is going to decide that distribution so that's the must committee and you're going to hear about that in the coming months is avon is going to likely be on the opposite side of the issue of the other municipalities and that is if you remember when i shared with you we would have to do for a lit rate to replace the whole blues it's only like 46 cents of the dollar 20. playing field in order to replace what they're going to lose needs like a dollar 60. well they can't raise dollars are going to say county we want you to adopt a rate because that way they will actually get more money. The challenge to us is that the reason that is is because they're pulling money out of unincorporated areas like Washington Township, as an example, and Plainfield and Brownsburg and Danville are getting that money now. And so in order to replace it, they want to try to hop in on the county. We had a talk with the state and county commissioner. He said he's not interested after our own debt rates. And so, to prepare you, I'll show all you guys this as we get into the budget process, but we are gonna have a bit of a challenge. Now, this is actually in our favor, because for once, Avon's gonna be able to say, we have a much lower income tax rate, why don't you come live in Avon, compared to the income tax rate that you're gonna have in Clinton or Danville or Brownsburg. So there's some value to us in that, but there's also some danger to us in that as well. This is gonna be a really interesting discussion and we are gonna be the anomaly to everybody else in the county. So yeah, I think it should be good for us.

1:03:41 – 1:05:01Speaker 4

I agree. House Enrollment 1001, there was a lot of conversation about affordable housing in the last session. A lot of proposals. What emerged was 1001, which was a compromise, And so now what we have to do is beginning January 1, the town has to submit a housing report with lots of information to the state. So that's A. B, ordinances that have to do with building fees don't take effect until 180 days instead of 90 days. It restricts fees and increases. It cannot be any more than is reasonably necessary. And then fees after that, after July 1, can only be increased once every five years. And then when they're increased, they cannot be increased by an amount which exceeds the consumer price index. It's all new. Changes the composition of the impact fee advisory committee. to have specific building representation. Single family builders have to be represented on their own. Multifamily builders have to be represented. Realtors have to be represented. And all of those representatives to our board have to be recommended by their statewide association.

1:05:03Speaker 3

I don't think about their statewide association.

1:05:05 – 1:07:38Speaker 4

I don't know who the statewide association would pick as a realtor, whether they'd be a good member or bad member. You can tell the statewide associations got involved here and said, we'll pick the people who are gonna serve on these committees. We're not gonna let the towns pick them anymore. This is a big change. E is the most important thing and that is before the end of the year, the town has to have a public hearing at which time you discuss the many ways that you will create more affordable housing And you can see I've made a list. There are nine things that have to be discussed. Providing for higher density in your ordinances, constructing other housing types, allowing adaptive reuse of commercial properties, increasing allowable floor areas, waiving or eliminated zoning rules regarding garages, roof pitch, minimum size, setbacks, parking materials, and height limitations. Six, lowering impact fees. Seven, streamlining the process. Eight, using tax abatement for higher density and mixed income communities. Something that's not currently allowed. Nine, donating vacant land for affordable housing. You have to have someone, I would recommend your planning commission would be the appropriate entity to do this. You have to have a public hearing on this. Then you have to certify that you did that and send the minutes to the state along with that report that you did. And you have to do that by the end of this year. That means in the second half of the year, somebody's gonna be having this meeting. And your builders and the building trade professionals have very strong opinions that your ordinance is too difficult to deal with and increases the cost of housing. And that's what this is all about. So be aware. House Enrolled Act 1058, we kind of got one here. Greg Sterwald helped us out and got a bill through that said, if you don't have continuity for purposes of an annexation because there's a big railroad track in your town, you can ignore the railroads. So that's helpful to us. That was a good bill for us. House Enrollment Act 1150 says that if you're five miles from a runway of a public airport, you have to adopt an airspace overlay in your UDF.

1:07:39Speaker 5

And Ryan, I discussed this today. I don't know if you're five miles.

1:07:41 – 1:08:56Speaker 4

I don't know if some part of your camp is five miles from an airport runway. You have this big one through the southeast, and then you've got this little one over here. We're going to have to figure that out. Linda, we're going to figure that out. And what they want to do is they want more cooperation in these runway clearance areas. But that's new law. House Enrolled Act 1250 changes what law enforcement agencies have to do when they're interviewing. Before they can hire someone new, they have to request and receive all documents relating to disciplinary action and internal investigations. Under prior law, they couldn't get that. They could only get findings and orders. Now they must get it all, which is a good change, I think. And, of course, we'd have to provide all documents relating to that. That's pretty broad. So that's a new law. Now, Sean, you're going to love this one. But under 1155, if we ever have a subdivision that has at least 1,500 lots with more than 15 miles of private roads, the HOA can adopt their own speed limits and stop, and local law enforcement can enforce it. DREAM COUNTRY RIGHT NOW, RIGHT? JUST A DREAM COUNTRY.

1:08:57 – 1:09:53Speaker 4

THOSE TWO THINGS. VERY SPECIFIC. YEAH, THESE ARE PRIVATE ROADS. YEAH, THESE ARE PRIVATE ROADS, YEAH. So I don't know where in the state of Indiana there is a 1500 subdivision with private roads, but we could find out now because there's a law and we know there must be. What bill is that? That bill is 1155. It also did say that HOAs can hire off-duty police officers to enforce, which would be a much better solution. I'm calling you guys out, but. ANYWAY, I AM ON TIME AND I'D BE HAPPY TO ANSWER ANY QUESTIONS. OKAY. DO YOU KNOW WHERE TO FIND ME? I HAVE ONE QUESTION.

1:09:53 – 1:10:18Speaker 5

OKAY. ALL THOSE LAWS GO INTO PLACE JULY 1st, RIGHT? WHAT HAPPENS IF SOMETHING, IF YOU STARTED SOMETHING, SAY, ON AN IMPACT FEE, AND YOU'RE ABOUT TO CREATE YOUR COMMITTEE, IF YOU CREATE THAT BEFORE JULY 1st, DOES THAT HAVE TO WAIT? No, you can wait until after you comply with the new law.

1:10:19Speaker 4

No, the, uh, this is your question. After July 1, your committee must be properly constituted.

1:10:26Speaker 5

So, when you, when you start that whole thing. Yeah. I can't make the final conversation. Well, that is your order.

1:10:36Speaker 11

Can I ask a quick question before you move on? On the housing report, I asked us at another training session and didn't get an answer.

1:10:46 – 1:12:22Speaker 4

are formatting in the statute there's a list of everything that must be provided and it is much more informative it includes the uh median sales price of all houses sold or built in your town the median rental price i have i have names the list goes on the the legislature has told the housing authority that they must provide some format to local governments it's not happening yet but uh i i don't see any way you can comply with that with one thousand one without hiring a consultant to somehow gather this information it's it's a lot and so if you if you pull the actual bill of tax out you'll see this long list i have it but i didn't put it all in here They're going to make us do this every year, and then they're going to make us tell them, because they don't want to do the math, what percentage did this change from last year? They're going to make us trend it, even. How many building permits? What types of housing, for each type of housing, they're going to make my colleague present information. Mainly my colleague, who perhaps is where most of this could happen. How do we find the median rental value? Apparently, you have to go out to rental properties and ask them for the chart. I mean, how would you know?

1:12:23Speaker 17

Well, unless I'm going to take in private homes.

1:12:25 – 1:12:43Speaker 4

I mean, there's still a lot of them. Now, your sales price you can get from the sales and publisher forms that are recorded or filed with the auditor. That information. But in some ways, you have to go through all that information. And then, like, the cost of a house. What if the house isn't sold?

1:12:53 – 1:13:31Speaker 5

I think the agency collecting all the data is like the Indiana Finance Authority. And they're actually supposed to, just like Steve, when Steve does the submittal of his paper ratings, LTAP does it, they create a format and they say you have to submit it in this format with this information. What they explain to us is the Indiana Finance Authority at some point but now here's how we want to collect the data. This can happen in a specific format so that they can then compile it and give it to the legislature. At some point, probably an actual room over there will tell us that.

1:13:33 – 1:14:10Speaker 4

If they didn't pass the bill, they did this in 2025, they passed the bill saying the same sort of thing. The agency was supposed to, they didn't do anything. So then they passed the bill in 2026, telling them that if they didn't get that done they were kicked well they're funny i mean it shouldn't be this hard right but that's that's brian's right which says i'm skeptical there's been no information released and what if we don't do this then making the legislation the bill doesn't say okay i think it wait it says the planning director

1:14:21Speaker 17

Okay, next is our committee.

1:14:23 – 1:14:37Speaker 2

I don't know how we're going to talk that. Thank you. Ryan's actually going to take the lead on this. This is, I'm walking through the RIF study for the first time, so Ryan's done it many times.

1:14:38 – 1:17:24Speaker 5

Well, and so what I was hoping, you guys have a sheet in here, which is when we last updated our RIF study, and the i knew the makeup of the committee had changed slightly but i didn't realize that we had to get approval from the state so we'll probably have to revisit this but i was hoping you guys tonight on originally was we only had five members on the committee last time and the thought was we'd like to make it open We had a builder, a residential home builder, John Lazaro, and we had a real estate agent, our land broker, Rebecca Hart. So we did have 40% of our committee. Again, I wasn't aware of that other piece. I would still recommend that we have a planning commission member, we have a county council member, just as a reminder, this process actually is like a rezoning. So once the study's actually done, it actually has to go to planning commission, that type of approval and you think it's important for the council to have some representation on there i think it's important to have some complaint officials have representation on there so i don't know if we want to get into this too much because now i'm going to have to reach out to the state um association and see who they want to appoint versus i was going to get some guidance from you guys i had already talked to john bizarro john had said he was willing to serve again but If he doesn't get appointed, I guess that may not be an option. And then I didn't know if you guys had any feedback on Rebecca Harb. But they may even ask us if we'll make recommendations. I don't know if you guys have any feedback on recommendations. If you have other people you think we should consider, I'm happy to take those. Because I don't always communicate with the... We are compiling all the data. We have a meeting next week. I think we were thinking in early July we would be ready but if you guys have any thoughts, please share with me otherwise I'll get more information and we'll go back to you guys. I don't think the statute was specific. I think it's up to you guys on who you appoint to the committee. Now I would recommend you put this one, like somebody who doesn't live in Avon. So we had everybody who was on there.

1:30:49Speaker 10

So Kathy would you take roll call please?

1:30:53Speaker 9

Thank you next is a consent agenda if there's any discussion if not, we'll take a motion I

1:31:14Speaker 18

I'll make a motion to approve the consent agenda, including the check register for June 11th, approval of the May 28th meeting minutes as presented.

1:31:24Speaker 10

Thank you. Kathy, roll call, please. Jason Putnam. Four.

1:31:27Speaker 9

John Loudon. Four. Greg Sousa.

1:31:37 – 1:31:52Speaker 10

Next is the first of two public comment periods. The public may comment on the agenda that is not part of a public hearing this evening or on a specific matter within the council's jurisdiction. If you wish to come forward, please make sure the green light is on on the microphone. State your name and your address.

1:31:55 – 1:34:31Speaker 13

Yeah, my name is Don Hudson. I live at 381 Waterford Lane, Avon, Indiana. Tonight, I'm coming as the chairman of the county election board to bring you up to date on some things that are happening out here concerning town elections. As you know, it was passed a couple of years ago, I think, by the state legislature that would allow you to amend your election cycle to even years only. Currently, right now, you have the three ward seats that are being voted on this year, and then the two at-large in the town of Clare Treasurer will be voted on in an odd year. A lot of the other towns, you'll have similar situations. I just wanted to advise you that Danville, at their council meeting last Wednesday, filed for introduction an ordinance to change theirs. They have five council ward members. Two of them are on the ballot this year. The other three are on next year, along with the Clare Treasurer. The resolution that they're considering, the way they're doing this, is next year, those three will be elected for a one-year term and then would come up again for a four-year term. The clerk treasurer would be elected for a three-year term and then come up for four years after that. Now, the reason they balanced her out differently is so it's three and three running. But you would have staggered terms and you would have uneven years. What's benefits of that? First of all, you're not having to pay for the election. You're not going to be billed this year by the county clerk's office for those three wards being on the ballot this year. Next year, you will get built. And as Julie could tell you, I think it was over 20 some thousand dollars is what each of the towns got built. They all vary because they based it on how many people, how many voted in each of those towns. And so Pittsburgh is looking at the same situation. We've had discussions with some of the others. I think a lot of them are going to do that. So I wanted to make you aware of that if you want to do that so that, first of all, after 27, if you change it, you wouldn't get billed for the election if you keep it in the even years because the county holds that elections every two years, as you know, regardless. So I just wanted to make you aware of that. If you want more information, I'll be more happy to get that information and get it to Ryan and Don so you guys have it for your meetings and stuff. I do believe, and I'll double check with DJ, I think in order for that change to be done on next year's election, as far as the term, you have to have it done sometime in October, I believe, but I'll check with her for next year's election. So that's all. Thank you.

1:34:35Speaker 10

Anyone else? OK, we'll go ahead and close the first public comment session and move on to department updates.

1:34:53 – 1:39:47Speaker 15

Steve Moore, Public Works Director. I guess the hottest project is County Road 100 North and Raceway, so we'll talk about that a little bit. The utility relocations are still occurring. Most of them will not impact the start of construction. There's about three more that have something to do. The previously unknown sanitary sewer will be relocated likely beginning next week. should be done in time hopefully for a start on the project by the road contractor on the 22nd. They'll start with their storm sewer and their milling. So it looks like the beginning is near. which means the end is right behind it. So we won't have a revised completion date until they actually start and they see how things are running. But yeah, the beginning is coming. Dan Jones, phase three is the other hot topic. That's not as critical because we're going to keep two lanes of traffic open, one each direction for the entire duration. So where people are a little excited about the progress, they shouldn't be because we're still allowing traffic to go just as it was before construction. But we do have an update on the electric transmission poles. They are now supposed to be done. by August. Once they're done, then they'll remove those mats and it will widen on the west side of the road temporarily so that we have both lanes of traffic to the west and then they'll start on the new east lanes so that the new northbound lanes will be constructed first. Phase four, design's about at the 40% point. Geotech should begin next week, I think. Right-of-way engineering will come be uh be going on for a while yet and then that right after that then they'll move right into uh acquisition dan jones phase five you should be or somebody i don't know who's going to approve the contract whether it's rdc or or council for the design of five Yeah, so RDC should be getting the contract for approval here shortly for design, and then that'll be on its way. CCMG, the first road that Howard Companies is looking at doing is 200 South between 450 East and 525 East. They haven't given me a start date yet, but they want to get on that pretty quick. That's the main road to the new middle school. sidewalks and trails we've done a lot of sidewalk work lately um we finished up the sidewalk and ramps along mcgregor drive uh near autumn faith we've uh just finished up i think today finished up on juliet and caesar and then they're going to be moving over to um uh the trail connection and the US 46 work over by Dr. Chuck and I said it by Dr. Chuck and Zach Spies. Pines of Avon drainage project is still on hold until we get utilities to relocate there. The pine tree, a state strange project. They got the survey done last week, I believe it was. And so the design is happening on that. That project, the purpose of that one is there's some drainage issues behind the homes who are trying to alleviate that drainage issue. And then while we're at it, we're going to enclose along Dan Jones Road, I mean, all along 100 South to connect the sidewalks along the south side of 100 South over by the elementary school. That's pretty much it. Reports, Eli and Keaton, actually they used almost two tons of cold patch this last period. MS4 inspections, Eli and Drew did 104. There were no fines yet on that one. Betsy collected $20,478 in permit fees for 13 permits. There were no accident reimbursements, but there were accidents. but there were no accident reverses. Keep losing street lights. It's really irritating. Um, anyway, um, Keating and I connected 18 right away inspections and Eli installed 42 signs and we have our first double-decker private road signs in, uh, Silver Springs. So, um, The blue signs represent private roads and we haven't gotten them up yet, but from now on, they're going to say private road underneath them. That way people know that the blue signs really mean private road. That's pretty much it. Any questions?

1:39:48Speaker 3

I have one question on Avon Avenue, right where you turn in, going north into the Kroger Shopping Center. Yes. Looks like there's a soft spot starting to develop there.

1:39:58 – 1:40:40Speaker 15

There's two, we call them slides. There's two slides where what happened was the asphalt apparently got too thin And so then since it was too thin, it lost heat quickly and it didn't melt the fabric. We use a fiberglass fabric in between so that the tack holds the fabric down. The fabric melts with the asphalt and the asphalt attaches to that. So it didn't adhere. And so now they have to mill it out. We'll use glass grid instead of that fiberglass fabric. And so they'll be doing that here around the next couple of weeks or so. But yes, there's also one over on Avon Ave as well. the right turn lane, I believe, going northbound by the bank. So yes, we're aware, but if you see any more, let me know.

1:40:42 – 1:44:19Speaker 11

Good evening, Council. Linda Albran, Planning Director. Start with the BZA in May was canceled due to lack of business. The plan commission in May, May 25th, they recommended a favorable approval of the rights gymnastics on Kingston that you'll hear later on on this agenda. They also approved the development plan for that gymnastics facility should you approve the rezoning tonight. They approved the plot that creates a new lot at Shiloh Crossing Drive and US 36, the Northwest corner across from Target. The lot is small, but will be big enough to accommodate a new business at that corner. And I also approved the development plan for Avon Logistics building six, which is the third building of Avon Logistics along 100 South. It will be the one that's all the way to the east adjacent to the Sunchase development. The BZA coming up next week on 6-16 is a two, well, it's two petitions for what's called wash and roll. It's a new... auto car wash automated facility. It's a special exception to have a car wash in the U.S. 36 overlay tier one. And then a variance to have stacking of automobiles in the front yard of U.S. 36. Planning staff is recommending denial of both of those petitions for your information. Plan commission coming up on June 22nd. We have a development plan review for what's called Nirvana Sports. And this is off of Shiloh Crossing between the City View Church building and the movie theater. There is a foundation of a building that's been there about a decade, undeveloped since it was put in. Nirvana Sports is... partial indoor swimming school for like a goldfish swimming school and some small ball courts and that sort of thing, but all indoor building. And then we also have a new preliminary plaque coming in for nine additional lots. As far as other things in the planning department, I work development that you approved a contract for us to get all of our plans submitted online. We're about more than halfway through the development of that. And so we're pretty close to getting ready to go live. So we'll have some middle on that. And then we've been working on uploading past cases to that system, which has taken some time, but it's moving and going. And I'm super excited about that. For what you'll see on the ground, we've had a pre-con for development for Shelby's Pickle Patch, two more apartment buildings in Riverwalk, and then we had a pre-con for Hub Landing, so the habitat development on 100 South is finally going to get going, so we're excited about that. Any questions?

1:44:21Speaker 10

No, thank you.

1:44:30 – 1:48:52Speaker 2

Good evening, Shelby Pride, Parks and Recreation Director. I have a lot for you guys tonight. We had our Park and Recreation Beautification Council meeting last night. We had everybody except one present due to sports, you know. It was a really good meeting, very productive. So I want to thank all of them for attending and being very involved in the PRBC. Park Foundation of Hendricks County opened a grant process earlier this year. Tiffany had submitted a grant application in the amount of $3,500, again, to go towards our park safety and security initiative. We received that grant. They actually held the ceremony check presentation on May 7th. So thank you to the Park Foundation of Hendricks County and Tiffany for going after that grant. Phase one of our trail safety is done. If you guys have been on the trails or you've seen the park back here, you can see White Lick Trail is done and Blue Heron, the trail system here is done. Trail marker signs are up. One has already been destroyed. We're replacing it. But we've had a lot of positive feedback. My kids absolutely love it for some reason. I don't know. They like to see whatever. An update. I know most of you know about WCCD sending us a letter to tie into sewer at the Apex ballpark, which is the one right here closest to 36. We have paid our EDUs for that. And we have gotten multiple quotes from contractors, and we've solidified a contractor. It's going to be about $50,000 for that project. And then foundation, that's already begun as well. It's a little bit more of an extensive process for that. The big one is the construction update, the pickle patch. We had a groundbreaking on May 14th. The timeline of the subcontractors is getting set and finalized. We've had minor construction inconveniences, which is normal is what I'm told from Steve, but of course I'm like, no. So that one's moving along and I'm very excited for that and still. Burnett and Woodhaven, we are still working on some pre-work stuff, getting water permitting, and then we have our pre-construction meeting next week. So then we will be able to break ground on that one. Events, we have Night at the Park coming up on July 3rd from 6 to 10 p.m. As you know, this place will be packed. Come early to get parking. This entire lot will be, and the gravel lot up there will be handicapped once again. Vendors will be in the police parking lot down here, the churches, and then the schools, and we will again provide the vans of transportation back and forth. Farmer's Market started last Tuesday. We sold out at our strawberry festival. We had a vendor come and provide the strawberry shortcakes, and she sold out of everything and was very, very happy. So it was a very successful event. Again, that is every Tuesday from 4 to 7 p.m. at the HRH down here, if you didn't know. And then my support staff just emailed me I asked them to get me the numbers for you guys. This is really exciting. Spring sports have wrapped up. Thank goodness. We had another record year for the third year in a row since we have joined with what was AJAA for spring sport registrations. Our flag football numbers increased by 9%. Track and field. increased by 7%. Baseball and softball were less than 1%, but we still had about 600 participants in those, a little more. So 1,358 spring rec athletes in 2026, which again is amazing. Very proud of the work that they're doing and the impact that we're making for these kids in the community. Any questions? Thank you. Thank you.

1:49:01 – 1:53:12Speaker 1

Good evening. Sean Stoops, Chief of Police. The lead remediation, I'm happy to say, is completed. They're still waiting on the air quality test to return. Then once those come back, I think Ryan and I have discussed having an independent air quality test done as well, just to make sure that confirms whatever their results are when they come back. So we're hoping that that's going to happen here in the next few weeks, hopefully. The Avon Police Department Mayor Board met on Monday to recognize several of our officers for their heroism, bravery during a standoff with the barricaded subject person earlier this year. If you recall, they went there, the person barricaded themselves, had attacked the family, bit off a finger, started a fire in the bathroom, and then when they went in to make a dynamic entry to go get the individual, attacked the officers with a box knife, and luckily they had a shield, and they were able to retreat and reassess, then go back in and was able to get the person in custody without hurting that individual. So on Monday, Avon Police Officer Will Richards and Cody Mader were awarded the American Police Hall of Fame Silver Star for Bravery Medal. Avon Police Department Sergeant Sean Dybulb And Sergeant John Flowers, Patrol Officers Tyler Ellsbury, Pete Michael, Alex Stephan were all awarded the American Police Hall of Fame General Commendation Medal. Brownsburg Patrol Officer Dirk Fence and Plainfield Patrol Officer Tyler Peters were also awarded the American Police Hall of Fame General Commendation Medal as well. All of these officers demonstrated selfless courage and bravery during this incident and showcased their collaborative training with our partnering agencies. We commend them for their bravery and their service to our community. K-9 Officer Cody Mader and K-9 Bygo graduated K-9 Patrol School this week, along with five other K-9 officers and dogs. We want to give a special side note there and thank Lieutenant Tom Owens. He's a state-certified K-9 instructor, so he not only trained our officers and our K-9s, but several other agencies in this area and throughout the state to get them all certified and kind of promote a more standardized canine training so that all of the agencies in this area is kind of doing the same thing with their canines. Officer Sajak is still at the academy, will be for several more weeks. He's doing very well. We also hired Officer Jacob Redman. He just started this week. You'll be meeting him, you'll be meeting both of them at our next town council meeting at their swearing-in ceremony. Here in just a couple weeks, June 24th is our 2026 Battle of the Badges blood drive. If you remember, we started this last year and it's competition with the fire department, a friendly competition. We're not like taking their blood and they're not taking ours, nothing like that. That's going to be on June 24th at the Harmony Baptist Church. Watch our social media and town website for more details coming soon on when and how to pre-register for an appointment to donate blood. Last year, we had so much of a turnout that the Red Cross had to actually turn people away. If you know the Red Cross, they do not like to do that. It's usually just the opposite. They're planning ahead this year. They're going to have more phlebotomists and and beds and and times available to hopefully accommodate even more people this year so thank you every drop counts and the life you save may be someone very close to you you have the monthly statistics there if you've had a chance to look at those during the break i'd be happy to answer any questions you might have thank you thank you

1:53:16Speaker 10

Ryan, anything from your department? Kathy, you have anything from Clerk Treasurer's? No. Okay, moving on to council comment liaison reports. Greg?

1:53:26Speaker 3

I have nothing. Nothing for me.

1:53:33Speaker 10

Shelby left, didn't she?

1:53:37 – 1:53:58Speaker 10

Yeah, I'm liaison for the commissioners and some other things at the county level. And they spoke at the last commissioners meeting and said that there was going to be a reading of the Declaration of Independence at the World War II Memorial in Avon. Is that something our Parks Department's doing, or is that something that they're doing?

1:53:58Speaker 5

I haven't heard about that, so I don't but sometimes that doesn't happen.

1:54:08Speaker 10

I know, and Shelby didn't say anything. I meant to ask her.

1:54:10Speaker 5

Sometimes we'll just do it at a park because it's a public park and we can't allow it into there, so sometimes they don't. But we can look into it and find out.

1:54:19 – 1:54:44Speaker 10

Okay, the only other thing that was mentioned at that meeting was someone questioned whether or not the rollback from the governor on the gasoline taxes would somehow affect road revenue for the municipalities. Have you heard anything on that?

1:54:45 – 1:55:29Speaker 6

Well, I've heard what the governor has said. I've also heard what our financial advisors say, so I don't know which one to be true. It's too early probably to understand that, but I know our financial advisors are recommending that we anticipate a 10% loss in revenue. The governor has said that they will use their budget surplus to make up for that, but I don't know that he can solely make that decision. I think the legislature is gonna have to make that decision. So I think it's kind of a wait and see at this point, but certainly they've tried to say it won't endanger any current projects, but at some point, I mean, I think it's at like $500 million at this point, so it's fairly substantial,

1:55:30Speaker 10

So something we might keep in mind for budget when we start our budget discussions, maybe.

1:55:38 – 1:55:59Speaker 6

Yeah, I mean, I know Greg has accommodated for it in the comprehensive financial plan. So when he's here and as we start talking about budget, yeah, it's going to be something. And again, we should know more. It's supposed to expire after 4th of July. So then we'll see what happens at that point. So we should know more as we get into the budget. But yeah, definitely something we'll have to watch.

1:56:00Speaker 10

Those were my only notes from my meetings. Moving on to new business, approving the quote to update the welcome Avon signs.

1:56:11 – 1:57:25Speaker 6

Yes, as you guys are aware, we changed our logo earlier this year, and this was actually one of the things, or actually I guess it was late last year. One of the items we identified when RLR did the logo modification, we did ask for them to look at what the cost would be for us to fix our signs and other things to make it compliant. Actually, so far, we've come in way under budget in terms of what it is. And I'm happy to report these are our welcome Avon signs. They still have up our old logo. We have 12 of them throughout town. And Freeman Signs originally put the signs up. And so it actually worked out great. We thought we would actually have to replace the signs entirely. But they said that there's actually a way to peel the resin off. So they'll take the signs down. They're able to peel the resin off and then put new signs on. So it makes it much less expensive than we actually ever anticipated that it would be. And so we're very excited. The quote that we have here from Freeman Science is for $15,600. I did provide you guys information. We did budget for this. This year in the budget, we budgeted $54,210. So obviously it's substantially less than we anticipated. And so our recommendation is that you approve the quote for Freeman Science. And I'm happy to answer your questions.

1:57:28Speaker 3

There is a sign missing up at 500 by Gladden Farms. Are they going to replace that one?

1:57:33 – 1:57:46Speaker 6

We actually don't have to replace it. The police department actually found it, and I think Steve is already in possession of it, so we'll give that to Freeman Signs, and so they'll be able to reuse it and replace it just like all the rest of them. Right, Steve?

1:57:52Speaker 10

Good job. Would someone like to make a motion?

1:58:00Speaker 18

Make a motion to award the quote for the update of the Welcome Mavon signs to Freeman Signs for $15,600 as presented. Second.

1:58:09Speaker 10

Thank you. Kathy, roll call, please. Greg Zusen.

1:58:12Speaker 18

For. John Lowden.

1:58:14Speaker 5

Jason Puckett. For. Robert Coe. For.

1:58:17Speaker 1

Steve Eisenberg.

1:58:21Speaker 10

Next is awarding the bid for County Road 525 East Road Improvements. Steve.

1:58:32 – 1:59:07Speaker 15

As you may remember, there was a MOU for the town to improve the left turn movements for County Road 525 East at US 36 and East Main Street. So we've got, we had it designed and then we've got bids and we got a pretty good bid from EMB Paving in the amount of 443075. There are like 60,000 Ether engineers estimate, 100,000 underneath the next bidder. I recommend that you accept their bid.

1:59:11Speaker 10

And this improvement's coming because of the extra capacity due to the LEFT TURN BEING REMOVED FROM CABIN COFFEE?

1:59:21 – 1:59:51Speaker 15

THAT'S PART OF IT, YES. SO CABIN COFFEE, THAT'S GOING TO BE A RIGHT IN, RIGHT OUT, SO NO MORE LEFT TURN MOVEMENTS AT EAST MAIN STREET. THEY COULD CONTINUE ON PARK HILL BOULEVARD, GO TO EASTON GRAVE BOULEVARD AND GET OUT AT THE LIGHT THERE, BUT THEN TO GET LESS TRAFFIC THROUGH THERE, PEOPLE COULD MAKE THEIR LEFT AT 575. 525. 525. If they go to 575, they have to go up to 200 then. They're going to go way around.

1:59:54Speaker 7

Steve, I was just wondering that with the bids being nice and competitive like this, are you seeing that right now this season? Has it been that way?

2:00:02 – 2:00:15Speaker 15

It's been that way for the last two years, actually. We've gotten some really good prices the last two years. Either that or the engineers are... Are missing the mark? They might be. No, no, no. These bids are actually good. These numbers are actually lower than last year.

2:00:21 – 2:00:39Speaker 16

Very low bids are always a good thing, but they're also can be sketchy. 100,000 plus less than second place raises the concern. Are they worth this? And E&B is not a vendor that I remember us doing. So do you trust them?

2:00:40 – 2:00:54Speaker 15

Yeah, E&B has done a lot of work for us. Yeah, EMB was a prime bidder on Dan Jones Phase 1. They were the asphalt contractor as a subcontractor on Dan Jones Phase 2. They are the prime bidder on Phase 3. They did last year's CCMG.

2:00:54Speaker 16

They just knocked it out of the park with this.

2:00:56Speaker 15

They've been doing great. Got it. Thanks, man.

2:01:00 – 2:01:36Speaker 7

Do they give you every instance that they're going to be able to perform it as far as you can tell? they're doing a lot of work around here so i mean yeah they're they're i don't know why they wouldn't couldn't but you never know we'll find out if you approve the bid would someone like to make a motion i'll make a motion uh i'd like to motion that we accept as proposed the 443 thousand seventy five dollar bid from end paving no second thank you Do I need to authorize a clerk treasurer? No, not a, okay.

2:01:36Speaker 9

Kathy, roll call, please. Jason Puckett.

2:01:39Speaker 9

Don Loudon. For. Greg Zuzan. For. Steve Eisenbar.

2:01:46Speaker 10

Next is circling back for the abatement, the 2026 compliance form review for the Reagan Logistics.

2:01:54 – 2:02:46Speaker 6

Yes, so as you guys, for those of you who were here at the last meeting, we approved the compliance forms, but we identified an error on the compliance form for what is the Heister Yale project. It looked like they had actually duplicated their amounts from the smaller building to the larger building. And so I did reach out to them and they did acknowledge that they had actually copied that number over. So the 20 million was the smaller building. As you can see in this, the compliance, corrected CF1, the number for the High Street Yale building is $49,924,700. And their proposed value with the SB1 was $30,622,800. So again, exceeded the planned investment based on what they originally submitted. So it would be our recommendation for you guys to approve the CF1 for this building. Happy to answer your questions.

2:02:56Speaker 10

So, I mean, they're still showing the building as vacant, but Hyster Yale is in the building. Have they just not hired a lot of employees or?

2:03:06 – 2:03:21Speaker 6

That's correct. I don't know that they've transferred everybody over. I think some of their administrative people have started working there, but they haven't resumed operations there. So that's probably why they're still showing it. So I would expect next year's to have more information as they roll more people in.

2:03:32Speaker 10

No questions or discussion, we'll entertain a motion.

2:03:42Speaker 7

I'll make a motion. The revised form CF1 as presented to be adopted or taken. Second.

2:03:52Speaker 10

We have a first and a second. Kathy, roll call.

2:03:57Speaker 9

Steve Eisenbarth.

2:04:00Speaker 9

Dawn Loudon. For. Jason pocket for.

2:04:05Speaker 10

Next is resolution twenty twenty six eighteen the authority to close real estate transaction pursuant to the purchase agreement brian.

2:04:16 – 2:06:27Speaker 6

I'll explain this. This is a little confusing, but we're trying to simplify it. Actually, in 2017, the town council authorized us to enter into a purchase agreement to purchase a remnant parcel from the Downey family, which is over on County Road 600 East. It was actually part of the White Lake Creek Trail project. We were buying right-of-way for the White Lake Creek Trail. The Downey's owned property on both sides of the trail, so when the trail came through, it left a remnant on this side of the property. We had actually attempted to close it several times over the next couple of years, and we were unable to actually, the Downies had some concerns with the actual legal description, so they wouldn't close. kind of fell off the radar then for two or three years with covid now that easton gray is over there trying to do some road work we have to kind of clean up this issue as part of it and so when we went back and we actually went forward with our title work the title company said in order to ensure it we need to know that the town had authorization to do it we did things differently back in 2017 so we hadn't passed a resolution we were also not putting things on our website where it was easy to go back and find a resolution that the council did so there was just nothing that showed authorization we know we did it i was actually the person who negotiated the deal with mr downey it's obviously it's signed by the town council president at the time or that's actually the town manager at the time and the clerk treasurer so We believe, and I think Dan would say as well, we remember that the Town Council authorized this, but in order to have something official to give the title company, Dan and Anna recommended that we have you guys pass a resolution tonight, which that's what this says. It says we have the authority to purchase the property and that we follow the proper channels. The value of the property was determined by an appraisal at the time. Mr. Downey is still honoring the value of the appraisal at the time. So it's the same amount of money, nothing has changed. And so we believe we've followed the law and we've done everything correctly. And so we're just asking you to pass this resolution so we can close the property and clean this issue up. I'm happy to answer any questions.

2:06:34Speaker 10

It'll be good to get it closed. It's a long time hanging out there.

2:06:38Speaker 3

I make a motion we approve Resolution 2026-18, authority to close real estate transaction pursuant to purchase agreement as presented. Second.

2:06:51Speaker 9

Kathy, roll call. Steve Eisenbarth.

2:06:57Speaker 9

Dawn Loudon. For. Jason Puckett. For. Robert Pote.

2:07:03Speaker 10

Next, we move on to final reading of ordinance 2026-09, the MAP amendment for ZA 2601, rights gymnastics.

2:07:15 – 2:10:45Speaker 11

Good evening again. This rezoning is for property at 8170 Kingston Street, which is at the northwest corner of Kingston and Dover Street, 2.27 acres, which is undeveloped. The property is currently split zoned. It's I-2 and C-2. We've gotten a lot of actual interest in this property since I've been with the town and several people I think have left because of the split zoning. So I'm happy that we are attempting to clean it up. The petitioner writes gymnastics wishes to build a building that would house a gymnastics facility and then has some tenant space available for other users that would be permitted on the C2 classification. This was introduced to you at your May 14th hearing. Notice was published that same day. The plan commission held a public hearing on May 26th, where they forwarded a favorable recommendation, which was certified on May 27th to you. Their vote was five to zero in favor. The state statute, outlines five criteria that you must refer to and look at when determining whether rezoning is appropriate. I'll just touch on those briefly for you. Criterion one is the comprehensive plan. The newly adopted 2025 comprehensive plan recommends commercial office uses for this site. So staff and the plan commission found that the proposed change would be consistent with the comprehensive plan. Criterion two, the current conditions and character of the current structures and uses in each district that it would be compatible with. And we found that the proposed C2 being commercial is actually more compatible with the surrounding area because both east and west of the site is commercial uses rather than the industrial that it's zoned. And to the south is the police station, or the new police facility, I should say. those uses are more consistent with commercial uses than the existing industrial that's on the site. Criterion three, the most desirable use for which the land is adapted. Again, we believe the C2 district is more appropriate for this site, given the development around it, the commercial is more desirable use of the land. Criterion four is the conservation of property values throughout the jurisdiction. We believe that this would have a positive impact on the value of the surrounding properties than the current permitted industrial uses which are not developing. And then finally, responsible development and growth. Staff believes the development of this site for commercial use would represent responsible development and growth. Town Council is... guided by the state statute to look at these five criteria in their totality and not each individual one. So it's not like a findings effect for a variance where they have to meet each individual one. You're looking at them in their totality. So staff is recommending approval. The plan commission forwarded their recommendation of approval and I'd be happy to answer any questions. The petitioner's representative is also here if you have questions for them.

2:10:48 – 2:11:04Speaker 10

I have a question about the additional multi tenants that could occupy part of the building when the plan commission heard the case did they. have any exceptions under the C2 ruling that they did not want to see as the multiple tenant?

2:11:04 – 2:11:51Speaker 11

They did not. They did not request any commitments. Staff went and looked through the permitted uses of what could be in there and of the uses that are permitted in C2 for a B shop type building. We didn't have any concerns and the list of uses in their totality of the C2 classification we did not have any concerns the concerning uses are either in the industrial district which is what we're going away from or they're permitted by special exceptions so there's already a check and balance in there i think it makes sense to not have the split zoning and it sounds like it's going to match up

2:11:52Speaker 10

more, like you said, with the C2 than anything industrial. We don't really have any industrial over there that I can think of.

2:11:59 – 2:12:10Speaker 11

There's some trade offices, like vendors, you know, HVAC kind of things, but nothing heavy industrial. It almost borders more on commercial.

2:12:14 – 2:13:02Speaker 7

I might comment from, I remember, Greg, I don't remember if you were there back when that was being Worked on back there that because of the railroad that was why the industrials there is totally because of that But now that we have the road connected Kingston and it's just a nice corridor it does make sense to give it a softer use and be able to Use it for things like this and having the police substation right down the road. It's definitely getting a softer appeal to the area so I I agree, and I appreciate you going through all the five criteria, and I agree with all those two. And when the plan commission gives us a 5-0, I think that gives us a pretty strong lever there. Those are my own comments.

2:13:04Speaker 3

There was some conversation about moving the garbage container to the front. Was that removed or removed?

2:13:12 – 2:13:27Speaker 11

They requested a variance from the Board of Zoning Appeals to have the dumpster in front of their building, not out by the street, but just in front of the building. The Board of Zoning Appeals denied that request. They have since amended the plans to make the dumpster at a compliant location.

2:13:33Speaker 10

I think it's a good fit. I think it is responsible growth and development, and it does fit the surrounding uses.

2:13:44Speaker 3

I make a motion we approve ordinance 2026-09 as presented. Second.

2:13:50Speaker 9

Kathy. Jason Puckett.

2:13:53Speaker 9

Dawn Loudon. Four. Greg Zuzan.

2:13:56Speaker 9

Steve Eisenbard. Four. Robert Poe.

2:14:00Speaker 10

Legal counsel report, Dan. Second of two public comment periods.

2:14:10 – 2:14:37Speaker 7

no one coming forward moving on to council comment i'll comment i'm really looking forward to working with everybody here i like to see everyone's smiling face and i'd like to kind of just continue to find ways to you know kind of move everything along so i'm grateful And thank you so much for everyone, what you've been doing all these years.

2:14:37Speaker 5

That's great.

2:14:39 – 2:15:01Speaker 7

What's that? Oh, it's good to be back. This is fun. I love this stuff. My wife says, why do you want to do this? I said, oh, don't you remember the days in the plan commission when we would go to midnight? Those were the good days. They weren't the good days. Anyway, I appreciate that. That's all I wanted to say. Thank you.

2:15:03Speaker 10

Ryan, Council Callender.

2:15:08 – 2:16:12Speaker 6

Yes, your next meeting is June 25th. It is not a work session meeting. However, I may ask if you guys would be available for an executive session beforehand at 5.30? I need to do a little verification of that and make sure our town attorneys may be ready for some of it. But there's at least one topic. We may have some employee handbook amendments, but we also need to, I need to have a conversation with you guys about the Civic Center RFP. We received responses for that. So we need to have a conversation with that. And that is, because it's a lease, we can talk about it in executive session. those would be the potential items and maybe some pending litigation if Dan's feeling up to it. So I'll verify that, but would 530 work for everybody if that works out for staff? Thumbs up, thumbs up. Dawn, would that work for you? Greg? 50-50? Got it, okay. That's all I've got, thank you.

2:16:12Speaker 10

Meeting adjourned.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.