TOWN COUNCIL MEETING

JUNE 23, 2016  6:00 P.M.

SHIPSHEWANA TOWN HALL

345 N MORTON STREET

SHIPSHEWANA, IN  46565

 

PRESENT:  Council; Roger D. Yoder, C. Arlene Lazzaro, Elmer J. Mast, Lynn M. Bontrager, J. Mike Wilcher.  Staff; Mike Sutter, Kurt R. Bachman, Ruth Ann Downey.  Public; Marvin Yoder, Guy Thompson.

 

Council President, R. Yoder called the meeting to order, noted that all Council Members were present, welcomed everyone, and asked them to sign in.  Agendas were available.

 

INVOCATION & PLEDGE:  C.A. Lazzaro gave the invocation and E. Mast led the pledge.

 

MOTION:  E. Mast made a motion to accept the agenda with flexibility.  J.M. Wilcher seconded the motion.  Motion carried.

 

  1. Yoder asked for any corrections or additions to the June 9, 2016 Council meeting minutes.

 

MOTION:  E. Mast made a motion to approve the June 9, 2016 Council meeting minutes as presented.  J.M. Wilcher seconded the motion.  Motion carried.

 

PLOW TRUCK BIDS/QUOTES:  R. Yoder reported that the plow truck bids/quotes had been opened at the last Council meeting and had been taken under advisement to allow time for review.  M. Sutter referred Council Members to a tabulation sheet reflecting the results from the plow truck bids/quotes.   Eby Ford is the only one to bid both the truck and the plow package.  The Eby Ford plow package was not what we wanted for snow equipment.  You have to raise the dump bed to spread salt and that is not the system that had been requested.  K & S Auto quoted the wrong size plow blade and did not offer some of the plow equipment.  W.A. Jones properly quoted all the requested equipment.  After reviewing the quotes with staff the recommendation is to go with the truck body and chassis from Eby Ford of Goshen in the amount of $50,041.00 for a 2017 Ford F-550 4×4 Chassis Cab and to purchase the equipment from W.A. Jones of Columbia City, IN in the amount of $31,239.00 for Option #1.  Discussion followed.  M. Sutter pointed out that the next step is to get quotes on the financing.  K. Bachman recommended that any motion made be subject to financing and to waive any possible non-compliance with the Town Public Purchasing Policy.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the recommendation to purchase a 2017 Ford F 550 4×4 Chassis-Cab from Eby Ford of Goshen, IN in the amount of $50,041.00 and to purchase the truck bed and plow equipment from W.A. Jones of Columbia City, IN Option #1 at a cost of $31,239.00 per the recommendation presented by the Town Manager subject to financing and to waive any non-compliance with the Town Public Purchasing Policy.  E. Mast seconded the motion.  Motion carried.

 

WEST MIDDLEBURY STREET SEWER/WATER EXTENSION CLOSEOUT:  CHANGE ORDER #1 & FINAL AND PAY APPLICATION #2 & RETAINAGE RELEASE:  M. Sutter referred Council members to their paperwork for Change Order #1 & Final for the West Middlebury Street-Sanitary Sewer & Water line extension project.  M. Sutter reported that the change order is a net decrease from the original contract amount of $3,790.00 for a final contract amount of $50,196.00.  M. Sutter requested approval for pay Application #2 & Final which includes release of the retainage for this project in the amount of $6,630.60 to be paid to Beer & Slabaugh, Inc.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve Change Order #1 & Final for the West Middlebury Street-Sanitary Sewer & Water line extension project, reducing the project cost by $3,790.00 and to pay application #2 & final in the amount of $6,636.60 to Beer & Slabaugh Inc., which includes the release of the retainage for this project.  J.M. Wilcher seconded the motion.  Motion carried.

 

MEMORANDUM OF UNDERSTANDING (DAN BYLER/LAGWANA PRINTING):  M. Sutter referred Council Members to their paperwork and pointed out that this Memorandum is reference hooking into the Town sanitary sewer when building outside of the Town Corporate limits.  The proposed new LaGwana Printing Facility will be located on the Southeast corner of CR 850 & W. Middlebury Street.  Since they are within 1,000 feet of two sewer lines they must hook up to one.  The LCRUD sewer line is a forced main and according to the agreement with the Town LCRUD would not have any commercial hook-ups on their line so it is not practical to hook into LCRUDS sewer line.  They will be hooking into the Town line.  On June 16th I attended the Utility District meeting and the Town was granted jurisdiction so we can enter into an agreement with LaGwana Printing.  M. Sutter read the attached MOU in full and noted that the motion will need to include authorization for the Council President to sign the agreement.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to approve the Memorandum of Understanding between the Town of Shipshewana and LaGwana Printing/Dan Byler regarding hooking into Town Utilities and authorized the Council President to sign the same.  C.A. Lazzaro seconded the motion.  Motion carried.

 

INDOT ROAD INVENTORY MILEAGE:  M. Sutter referred Council Members to their paperwork for the 2015 Annual Certification of Jurisdiction Miles from INDOT and reported that this document has been reviewed by DLZ.  An increase of 1.5 road miles is reflected and includes the Morton Street extension.  More certified road mileage means more road revenue for the Town.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the 2015 Annual Certification of Jurisdiction Miles from INDOT as submitted and authorized the Council President to sign the same.  L. Bontrager seconded the motion.  Motion carried.

 

POLICY FOR UTILITY CONNECTION OUTSIDE TOWN LIMITS:  M. Sutter reported that the Town is currently serving 42 sanitary sewer customers outside of the Town limits and jurisdiction regarding these customers was discussed at the June 16th Utility District meeting.  These individuals do pay the utility fees but do not pay property taxes.  M. Sutter referred Council Members to their paperwork for a policy for Water and/or Sewer Connections to Potential Users Outside Town’s Corporate Limits and read the same in full.  M. Sutter pointed out that this policy mirrors the LaGwana Printer/Byler Agreement that you approved tonight.  Discussion followed.  K. Bachman recommended providing a copy of this document to the LaGrange County Health Department and commented that this would be a pro-active approach to connections outside of the Town limits.  M. Sutter noted that he would also provide Bob Shanahan of the LaGrange County Building Department a copy of the Policy.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve the Policy for Water and/or Sewer Connections to Potential Users Outside Town’s Corporate Limits as presented.  J.M. Wilcher seconded the motion.  Motion carried.

 

APPROPRIATION TRANSFER ORDINANCE:  R. Downey reported that budget time is right around the corner and we don’t want to have any appropriations in the negative as we work on the 2017 budget.

 

President R. Yoder introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL, TOWN CENTER OPERATING, AND FIRE FUNDS.  Council Member L. Bontrager made a motion, seconded by Council Member C.A. Lazzaro, that said Ordinance be numbered and placed on first reading, and that the same be read in full at this time.  Motion carried.

 

Said Ordinance having been designated as “II-F-1-d(510)” and having been read in full, and the provisions of the same having been considered by the Council, Council Member L. Bontrager made a motion, seconded by Council Member E. Mast, that any requirements for a second or third reading be waived and that all rules of the Council, which unless suspended, might prevent the final passage and adoption of “II-F-1-d(510)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(510)” having been read in full was then placed upon its final passage, and on call of the roll the vote for the adoption of said Ordinance was as follows:

 

AYES:  Lynn M. Bontrager, C. Arlene Lazzaro, Elmer J. Mast, J. Mike Wilcher, Roger D. Yoder.

NAYS:  – 0 –

 

There being present at said meeting at least two-thirds of the members elect of the Town Council and “II-F-1-d(510)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

SEWER BILL ADJUSTMENT (WATER LEAK):  R. Downey referred Council Members to their paperwork for a History Printout and Consumption Report for Marvin Yoder of 120 N. High Street.  M. Yoder had approximately 10” of water in his basement due to a busted pipe.  Normally Mr. Yoder’s Utility Bill is around $50.00 per month with an average usage of 700 gallons.  The June bill reflects 11,000 gallons of usage.  Based on his average usage of 700 gallons the sewer portion of his bill would be $9.42 which results in an adjustment of $57.68 to the sewer portion of his bill bringing his total bill to $63.83 rather than $121.51.  Discussion followed.

 

MOTION:  E. Mast made a motion to reduce the sewer portion of Marvin Yoder’s Utility Bill by $57.68 bringing his total due to $63.83.  L. Bontrager seconded the motion.  Motion carried.

 

REQUEST FOR SUMMER SEWER RATES AT THE COVE:  R. Downey reported that a representative from the Cove had come to the office last week asking for Summer Sewer Rates and stated that they plan on putting in a well for irrigation purposes in the future.  Our Ordinance states that Summer Sewer Rates are available for residents but not for other users.  The usage at The Cove varies greatly from month to month.  (See attached History Printout and Consumption Report.)  The Cove is not a residential property but a youth center.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to deny the request for Summer Sewer Rates made by The Cove since this is not a residential facility so that we do not set a precedence.  E. Mast seconded the motion.  Motion carried.

 

FINANCIAL REPORT:  R. Downey reported in observance of the July 4th Holiday the Town Office would be closed on Monday, July 4th.  Town Financial Advisor, Greg Guerrettaz will be here on July 14th to begin work on the 2017 Budget.  I have a Budget Workshop with the DLGF on August the 11th.  Please check your calendars so that we can set a date for the Council Budget Workshop at the July 14th Council meeting.  There is a rather large adjustment in the Adjustment Journal due to a meter being installed backwards at Ben’s Pretzels/Living Waters Group LLC.  A motion to approve the Claims Registers and Adjustment Journals would be appreciated.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve the Claims Registers, and Adjustment Journals as presented.  L. Bontrager seconded the motion.  Motion carried.

 

TOWN MANAGER REPORT:  M. Sutter referred Council Members to their paperwork for a Certificate of Substantial Completion, Report #11, and a Final Payment Recommendation for the North Water Tower Rehab project.  The contractor for the project is Industrial Painting and they have done a great job.  Dixon Engineering Report #11 points out that the aviation lights are not operating.  Jim Clevenger of Dixon Engineering will follow up on that.  R. Downey requested that approval for payment between meetings be a part of the motion since the money is currently invested.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve the Certificate of Substantial Completion for the North Water Tower Rehab project and authorized the Council President to sign the same and approved the Final Payment for the Water Tower Rehab project in the amount of $134,650.00 to be paid to Industrial Painting between Council meetings when the funds are available.  L. Bontrager seconded the motion.  Motion carried.

 

MAIN STREET PAVING PROJECT:  M. Sutter referred Council Members to their paperwork for an estimated cost from Casey Erwin of DLZ to repave E Main Street from Morton Street to Talmadge Street.  This includes the area in front of the post office.  The project estimate including a 20% contingency is $127,000.00 but it does not include any engineering or legal services.  The estimated cost with those services included is $145,000.00.  R. Downey reported that $100,000.00 has been appropriated in the 2016 MVH Budget for Road Improvements.  I would need to do an additional appropriation to cover the total project cost.  Discussion followed.  M. Sutter pointed out that C. Erwin has provided a tentative schedule where plans and specs would be prepared in July, bids could be opened and awarded in August with construction taking place yet this fall.  Do you want to move this project forward this fall or wait until spring?  C.A. Lazzaro recommended moving the project forward this fall.   Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the preparation of plans and specs by DLZ so we can pursue quotes/bids for the E. Main Street repaving project from Morton Street to Talmadge Street this fall.  J.M. Wilcher seconded the motion.  Motion carried.

 

  1. Sutter reported that the parking lot at the Event Center, Town Hall and Police parking area has been completed. Discussion followed.

 

ATTORNEY REPORT:  K. Bachman had nothing further to report.

 

  1. Yoder asked if there was any further business to come before the Council.

 

  1. Yoder reported that when Noah Miller tears down his house on Morton Street the plants from around his house will be planted at Big C Lumber. Discussion followed.

 

There being no further business to come before the Council R. Yoder asked for a motion to adjourn.

 

MOTION:  L. Bontrager made a motion to adjourn.  E. Mast seconded the motion.  Motion carried.