FOR MARCH 9, 2016


A meeting of the Common Council was held on March 9, 2016 at 5:00 p.m. in the Council Chambers of the Brazil City Hall. The meeting was called to order by Mayor Brian Wyndham.


ROLL CALL: Mayor Brian Wyndham, Steve Bell, Brad Deal, Roy Kellar, Shane Litz, Angela Modesitt. Also in attendance: Clerk-Treasurer Karen McQueen, City Attorney Traci Orman

The Pledge to the Flag was lead by Mayor Wyndham

OTHERS PRESENT: Frank Phillips of Brazil Times, Jim Bosley and John Broady with New Hope, Janice Clark, Andrea Phillips and Lea Steele from Clay County Humane Society, Harry Kaelber, Representative from Britt Aero

PRAYER was said by Brad Deal

APPROVAL OF MINUTES:   February 10, 2016, Shane Litz made a motion to approve minutes; seconded by Steve Bell.  The motion passed 5-0.





  • Animal Control Contract – Janice Clark, Andrea Phillips and Lea Steele were present to represent the Clay County Humane Society and to discuss the 2016 Animal Control Contract.  Steve Bell questioned #3 on the contract, concerning the Brazil Police Department assisting during normal operating hours and during emergencies deemed necessary.  Steve Bell made a motion to approve the 2016 Animal Control Contract with the City of Brazil for $20,000 for 2016, and to approve Mayor Wyndham as signatory on the contract; seconded by Angie Modesitt.  The motion passed 5-0.
  • Resolution 2016-2: Britt Aero Tax Abatement –Shane Litz made a motion to approve Final Action regarding Resolution 2016-2, for a 5 year personal property tax abatement for Britt Aero and the Abatement Calculation Agreement; seconded by Brad Deal. The motion passed 5-0.
  • Ordinance 3-2016: Water Increase (Umbaugh) – Dan Heddon with H.J. Umbaugh and Associates was present to discuss the water utility financial analysis. At this time there needs to be further study performed to determine the appropriate final increase for the rates regarding customers and wholesale customers.  Hedden suggested that the Council move forward with a 20% increase across the board for water.


1.) Cemetery Mowing Bids – Mowing bids were received for Old Hill and Cottage Hill.

Bids were for a total of 18 mows for 2016.  The following bids were opened:

US Lawns – $20,179.80

JC Landscaping – $28,000

Lawn America – $19,350


Brad Deal made a motion to take bids under advisement; seconded by Shane Litz. The motion passed 5-0.

2.) Application for chickens and chicken coup – Harry Kaelber of 305 N. Chicago Ave. would like to have a chicken coup.  Teresa Glenn stated that Mr. Kaelber has completed all required documentation and asked that the Council approve him to have a chicken coup.  Shane Litz made a motion to approve Mr. Kaelber to have a chicken coop; seconded by Brad Deal.  The motion passed 5-0.

3.)  New Hope – Jim Bosley was present to represent New Hope.  He is anticipating the start of construction on several Blight Elimination properties in January 2017.  Construction may take up to one year.

4.) Ordinance 4-2016: An Ordinance Amending Chapter 94, Title IX of the City of Brazil, Indiana Code of Ordinances Concerning Public Nuisances – City Attorney Traci Orman suggested that the Council look over Ordinance 4-2016 until the next Council meeting. Brad Deal made a motion to table discussion; seconded by Shane Litz.  The motion passed 5-0.

5.) Resolution 3-2016: A Resolution Adopting the Provisions of IC 5-23 and Designating the Board of Public Works and Safety as the Entity Under Said Code Section to Procure Proposals, Review Proposals, and Award Contract – Resolution 3-2016 provides for Public-Private Agreements for sanitation services.  Shane Litz made a motion to adopt Resolution 3-2016; seconded by Brad Deal.  The motion passed 5-0.

6.) Ordinance 5-2016: An Ordinance Amending Ordinance 2-2007 – Ordinance 5-2016 is referred to as the City’s Sewer Use Ordinance. It has come to the attention of the City that certain provisions need updated and added in order to be in compliance with Indiana Department of Environmental Management.  Angie Modesitt made a motion to suspend the rules and adopt Ordinance 5-2016; seconded by Brad Deal.  The motion passed 5-0.  Angie Modesitt made a motion to approve Ordinance 5-2016; seconded by Brad Deal.  The motion passed 5-0.



The next Council meeting will be on Wednesday, March 16, 2016 at 5:00 p.m.





Steve Bell made a motion to adjourn meeting, seconded by Roy Kellar.  Motion passed 5-0.  Meeting adjourned at 6:58p.m.