MINUTES OF THE COMMON COUNCIL
BRAZIL, INDIANA
FOR MAY 11, 2016

A meeting of the Common Council was held on May 11, 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: City Attorney Traci Orman
The Pledge to the Flag was lead by Mayor Wyndham
OTHERS PRESENT: Harvey Roscoe, Tim Skinner, James Deal, Atty., Marshal Singelton, Brazil Times Representative Frank Phillips
PRAYER was said by Angie Modesitt

APPROVAL OF MINUTES: April 13, 2016 Angie Modesitt made a motion to approve; seconded by Steve Bell. The motion passed 4-0.

AUDIENCE COMMENTS: Marshal Singleton of 304 N. Hoosier Street expressed concern about tall grass, trash and abandoned properties in his neighborhood. There was a new sewer line put in on Noble Street in 2015, and the street has never been fixed. He has already expressed his concern to the Planning and Zoning office. Mayor Wyndham explained that the grass mowing system is now in place and any issues related to grass should be getting better. Clean-ups are a continual problem due to lack of man power. As to the condemned properties, Mayor Wyndham advised that we can do something about people living there.

OLD BUSINESS:
1.) Ordinance 7-2016–Petition for Vacation, Mary Ann Hoffman – not present. The Mayor gave a brief update as to line locates that were performed regarding this property. No one was present regarding this matter. No action was taken.
2.) Ordinance 8-2016 – Petition for Vacation, Robert & Vicki Shorter – Attorney Jim Deal was present on behalf of Robert and Vicki Shorter. A line locate was performed and there are utilities located in the right-of-way. Attorney Deal added in language to the proposed ordinance regarding said lines. Steve Bell made a motion to suspend the rules and pass on first reading; seconded by Brad Deal. The motion passed 5-0. Steve Bell made a motion to pass Ordinance 8-2016; seconded by Brad Deal. The motion passed 4-0. Angie Modesitt abstained
3.) Resolution 4-2016 – Transfer money from General Fund to Rainy Day Fund – Brad Deal made a motion to transfer $160,000.00 from the General Fund to the Rainy Day Fund; seconded by Angie Modesitt. The motion passed 5-0.
4.) Resolution 5-2016 – Transfer money from Rainy Day Fund to Golf Fund – Brad Deal made a motion to transfer $160,000.00 from the Rainy Day Fund to the Golf Fund; seconded by Roy Kellar. The motion passed 5-0.
5.) Resolution 6-2016 – Reimbursement Agreement: Golf Course – Brad Deal made a motion to approve Resolution 6-2016, Approving Agreement for Payment whereas the City of Brazil and Golf Board agreed to terms for repayment of funds transferred to the Golf Fund by the Golf Board; seconded by Steve Bell. The motion passed 5-0.

NEW BUSINESS:
1.) Ordinance 9-2016- An Ordinance Amending Chapter 75 (Traffic Schedules),
Schedule IV (Yield Signs) – The City of Brazil has recently completed a sign replacement project pursuant to Federal guidelines. All Yield signs were discontinued and replaced with stop signs. This ordinance changes all references to Yield signs to now be Stop signs. Angie Modesitt made a motion to suspend the rules and pass Ordinance 9-2016 on first reading; seconded by Shane Litz. The motion passed 5-0. Angie Modesitt made a motion to pass Ordinance 9-2016: An Ordinance Amending Chapter 75 (Traffic Schedules), Schedule IV (Yield Signs); seconded by Shane Litz. The motion passed 5-0.
2.) Ordinance 11-2016 – Petition for Vacation – Keen – Attorney Jim Deal was present along with James A. and Regina A. King regarding the Keens request for vacation. There are no utilities located in the area requested to be vacated. Roy Kellar made a motion to suspend the rules and pass on first reading; seconded by Shane Litz. The motion passed 5-0. Roy Kellar made a motion to pass Ordinance 11-2016; seconded by Steve Bell. The motion passed 4-0. Angie Modesitt abstained.
3.) Resolution 7-2016: Resolution Authorizing Application Submission and Local Match Commitment (OCRA Water Grant) – The City is applying for a Water Grant through OCRA (Office of Community and Rural Affairs) for certain upgrades and repairs to the City water system. The grant will require a local match and commitment by the City in them amount of $109,067.63 which consists of $4,138.16 in preliminary engineering and $104,929.47 in City Water Funds from the State Revolving Fund (SRF) low interest loan program. This resolution authorizes submission of the grant application and commitment to the local match by the City. A motion was made by Shane Litz to pass Resolution 7-2016; seconded by Brad Deal. The motion passed 5-0.
4.) Kennel Application- Carol Sals and Chris Blair filed an application for a Kennel license for their residence at 1015 N. Meridian St. The residence has 4 small dogs and a pit bull mix. There was an incident recently wherein Animal Control Officer Tim Pittman took their dog they rescued, Buddy Ray, from the home and deposited him with the Clay County Humane Shelter. They went through the steps to get the dog back from the Shelter and have brought the instant application to avoid any situations in the future. Sals and Blair advised that they have the means to take care of this many animals at their residence. Also present was George Goldsmith who resides with Sals and Blair and is the owner of Buddy Ray. Roy Kellar made a motion to approve the kennel license application and to waive any fees which may be associated with the application;seconded by Brad Deal. The motion passed 5-0.

COUNCIL COMMENTS:
-Roy Kellar had several comments:
• Commended Mario Brothers for their new parking lot.
• Clover Signs sidewalk was taken up and has not been replaced. Mayor Wyndham will check into this.
• Basketball goal in a tree row on Meridian St., between Joseph and Park St.
• No parking curb on S. Alabama Street.
• A car has been sitting on S. Alabama Street. Chief McQueen will check it out.
An audience member also commented that the property on 504 Columbia St. has 7 dogs.

MAYOR COMMENTS: Mayor Wyndham expressed appreciation for patience with the construction and paving. The paving in the Southwestern quadrant of the City will begin at the end of the month.

ADJOURNMENT:
Brad Deal made a motion to adjourn meeting, seconded by Steve Bell. Motion passed 5-0. Meeting adjourned at 6:03 p.m.