July 28th Council Minutes


JULY 28, 2014  6:00 P.M.





PRESENT:  Council; Roger D. Yoder, C. Arlene Lazzaro, Lynn M. Bontrager, Elmer J. Mast.  Staff; Mike Sutter, Kurt R. Bachman, Ruth Ann Downey.  Public; Guy Thompson, Ryan & Jodi Riegsecker, Phil & Kathy Heyerly, Jerry L. Rice.  ABSENT:  Council; J. Mike Wilcher.


Council President, R. Yoder welcomed everyone, noted that Council Member J. Mike Wilcher was absent.  All other Council Members were present.  R. Yoder asked everyone to sign in and noted that agendas were available.


INVOCATION & PLEDGE:  L. Bontrager gave the invocation and C.A. Lazzaro led the pledge.


MOTION:  C.A. Lazzaro made a motion to accept the agenda with flexibility.  E. Mast seconded the motion.  Motion carried.


  1. Yoder extended a special welcome to the Riegseckers and the Heyerlys of Blue Gate Holdings LLC.


TOWN CENTER LEASE APPROVAL:  K. Bachman noted that this is a Historical Event for the Town of Shipshewana.  We have worked long and hard to reach an agreement for the Lease of the Event Center with Blue Gate Holdings.  The lease will allow Blue Gate Holdings to formally take over the operation of the Event Center facility.  The terms and conditions of the agreement have been approved by the Shipshewana Redevelopment Commission and the Shipshewana Redevelopment Authority.  Tonight the Lease needs to be signed by the Town Council and Blue Gate Holdings.  The lease will be effective August 1st with no pro-rating.  The lease is for $17,006.00 per month for 30,775 square feet.  The Hostetler Hudson Car Museum remains in the building, ownership and operation of the Museum will be continued by the Town.  Discussion followed.


MOTION:  L. Bontrager made a motion to approve the amendment to the Lease Agreement along with any and all supporting documents, the Event Center Sublease, Grant of Utility Easements that go along with the lease, and the Amendment to Reciprocal Easement Agreement and Extension of Grant of Easements to the Town of Shipshewana and to authorize signature by the Town Council with the agreement being effective August 1, 2016.  E. Mast seconded the motion.  ROLL CALL:  AYES; Lynn M. Bontrager, Elmer J. Mast, C. Arlene Lazzaro, Roger D. Yoder.  NAYS;  – 0 –   ABSTENTIONS;   -0 –


Photos were taken and the Lease Documents were signed.


PLOW TRUCK FINANCING QUOTES:  M. Sutter referred Council Members to a summary of Lease Bids prepared by Financial Solutions Group.  The low bid is from U.S. Bank at 2.02% and includes a $250.00 application fee.  M. Sutter recommended going with the low bidder for the Mid-Size Plow Truck financing.  Discussion followed.


MOTION:  E. Mast made a motion to move forward with the low bidder U.S. Bank for the Mid-Size Plow Truck and authorized the Clerk-Treasurer and Council President to sign all documents for the Truck Lease Financing subject to the completion and review of all documents by legal counsel with the submission of all documents following attorney approval.   C. A. Lazzaro seconded the motion.  Motion carried.


OUTSTANDING UTILITY BILL – WRITE OFF REQUEST:  R. Downey referred Council Members to their paperwork for a list of six outstanding Utility Accounts that are five years old or older.  Two of the accounts were bank foreclosure properties and have Storm Water only balances.  One account was a bankruptcy.  One account is a residential account who kept saying he would come in and pay.  The final two accounts are businesses that have left Town.  The total outstanding balance we are requesting be written off is $541.42.  Discussion followed.


MOTION:  C.A. Lazzaro made a motion approving the Old Accounts write off list dated July 28, 2016 as submitted by the Clerk-Treasurer in a total amount of $541.42 for the Water, Wastewater, and Storm Water Utilities.  E. Mast seconded the motion.  Motion carried.


FINANCIAL REPORT:  R. Downey reported that yesterday approval for the $50,000.00 Additional Appropriation in the MVH Fund was received from the DLGF.  This money will be used this fall for the Main Street repaving project from Morton Street East to Talmadge Street.  We will be opening bids for the Main Street Improvements at the August 11th Council meeting.  The 2017 Budget workshop will be held on August 2nd at 3:00 p.m. and we will begin our workshop with Internal Controls Training for the Town Council.  A motion approving the Claims Register & Adjustment Journals would be appreciated.  Discussion followed.


MOTION:  E. Mast made a motion to approve the Claims Register and Adjustment Journals as submitted.  C.A. Lazzaro seconded the motion.  Motion carried.


TOWN MANAGER REPORT:  M. Sutter had nothing further to report.


ATTORNEY REPORT:  K. Bachman reported that a Public Records Request had been submitted to the Town from a Mr. Robert Fiedler, C.P.A.  We have responded to Mr. Fiedler on your behalf, his request is for five years of invoices from Beers, Mallers, Backs & Salin.  Since these invoices contain confidential information I am requesting that the Council consider authorizing my office to redact information from these invoices to protect attorney-client privilege before they are released for public inspection.  Discussion followed.


MOTION:  C.A. Lazzaro made a motion authorizing the Clerk-Treasurer to gather the requested information and provide the information to the Town Attorney so that the invoices can be reviewed and redacted as necessary before releasing the invoices for public inspection.  E. Mast seconded the motion.  Motion carried.


  1. Yoder asked if there was any further business to come before the Council. There being no further business R. Yoder asked for a motion to adjourn.


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

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