TOWN COUNCIL MEETING

AUGUST 11, 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, J. Mike Wilcher.  Staff; Mike Sutter, Kurt R. Bachman, Casey Erwin, Ruth Ann Downey.  Public; Guy Thompson, George Bachman, Marvin Yoder.  ABSENT:  Council; Lynn M. Bontrager.

 

Council President R. Yoder called the meeting to order.  Noted that Council Member L. Bontrager was absent, all other Council Members were present.  R. Yoder welcomed everyone, asked them to sign in and pointed out that agendas were available.

 

INVOCATION & PLEDGE:  C.A. Lazzaro gave the invocation and J. Mike Wilcher led the pledge.

 

OPEN BIDS FOR MAIN STREET IMPROVEMENTS:  Clerk-Treasurer, R. Downey reported that two bids had been received.  C. Erwin reported that bids would be opened and recommended taking the bids under advisement.  There are two parts to the bids Part 1 is the base bid for Main Street and Part 2 includes a portion of Talmadge Street.  C. Erwin read the bids as follows:  Pulver Asphalt Paving, Inc. of Albion, IN – base bid $82,095.00, part 2 $36,237.50 for a total of $118,332.50.  Niblock Excavating of Bristol, IN – base bid $88,782.00, part 2 $53,399.00 for a total of $142,181.00.  C. Erwin stated that this concludes the reading of the bids.

 

  1. Yoder requested a motion to allow DLZ to review the bids and bring back a recommendation for award at the next Council meeting. Discussion followed. Engineer’s bid estimate:  $121,575.00.

 

MOTION:  E. Mast made a motion to take the Main Street Improvement bids under advisement to allow time for DLZ to review the bid documents and bring back a recommendation for award at our next Council meeting.  C.A. Lazzaro seconded the motion.  Motion carried.

 

  1. Yoder asked C. Erwin if he had anything further to report. C. Erwin reported that the concrete work at the Buildings & Grounds/Police Garage will begin at the end of this month. M. Sutter pointed out that we will move the recycle bins over to the ball diamond area to allow time for the concrete to cure before moving them back to the Buildings & Grounds/Police Garage location.  Discussion followed.

 

APPROVE SEEKING QUOTES FOR THE INTERIOR PAINTING OF THE WOLFE BUILDING:  M. Sutter reported that the Park Board is in favor of seeking quotes for the painting of the interior of the Wolfe Building.  The Board is not sure if the kitchen will be included due to the possibility of some cabinet work in the kitchen but the hallways will be included.  Discussion followed.  M. Sutter reported that specifications will be put together before seeking quotes.

 

MOTION:  J.M. Wilcher made a motion authorizing the Town Manager to prepare specifications and seek quotes for the interior painting of the Wolfe Community Building.  E. Mast seconded the motion.  Motion carried.

 

2017 FIRE SERVICE AGREEMENT APPROVAL:  R. Downey referred Council Members to their paperwork for a copy for the 2017 Shipshewana Fire Service Agreement and reported that Fire Chief, Chad Miller had already met with Newbury Township regarding the proposed agreement and Newbury Township is in favor of the agreement.  I don’t believe he has been able to meet with Van Buren Township but a copy of the 2017 Agreement has been provided to the Van Buren Township Trustee for budget purposes.  The 2017 Fire budget has increased from 132,300.00 in 2016 to 137,700.00 in 2017.  Adjustments continue to be made to the percent paid by the Town and Townships to bring things more in line.  The Town paid 39.83% of the Fire Agreement in 2016 and will pay 34% in 2017.  Newbury Township paid 43.29% in 2016 and will pay 45% in 2017.  Van Buren Township paid 16.88% in 2016 and will pay 21% in 2017.  Van Buren Township pays a portion of their 21% from their Cum Fund.  In 2017 their Cum Fund money will be used to make repairs to fire apparatus, this year the Cum Fund money will be used for turn out gear.  Discussion followed.  M. Sutter reported that the Shipshewana Fire Department is the only Fire Department in LaGrange County that does not charge a fee for fire services.   R. Yoder requested that a motion be made so the agreement can be sent to the Townships for signatures.

 

MOTION:  C.A. Lazzaro made a motion to approve the 2017 Fire Service Agreement as presented.  J. M. Wilcher seconded the motion.  Motion carried.

 

FINANCIAL REPORT:  R. Downey referred Council Members to their paperwork for the July Fund Report and the 2016 Budget Calendar.  R. Downey reported that she had attended a budget workshop with George Helton from the DLGF this afternoon and reminded everyone that budget form #3 will not be advertised in the paper but will be posted to the Gateway web site by the end of August and available for public review.  We will hold our Public Hearing on Thursday September 22nd and final adoption of the budget will take place on October 13th.  Discussion followed.   R. Downey requested a motion to approve the Claims Register and reported that there is no Adjustment Journal.

 

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

 

RESOLUTION; “UNWAIVERING SUPPORT OF UNCOMMON HEROES”:   M. Sutter reported that late on August 21st the President of the Veterans of Foreign Wars (VFW) of the United States Auxiliary, Colette Bishop, will be visiting Shipshewana and stopping at the Hostetler Hudson Car Museum.  Collette Bishop is the National President of the Veterans of Foreign Wars Auxiliary and the Town has been asked to approve A Resolution Proclaiming, “Unwavering Support of Uncommon Heroes” Day.

 

President R. Yoder introduced A RESOLUTION PROCLAIMING, “UNWAIVERING SUPPORT OF UNCOMMON HEROES” DAY AND HONORING THE VETERANS OF FOREIGN WARS AUXILIARY FOR THEIR SERVICE TO OUR COUNTRY, TOWN AND COMMUNITY.  Council Member J.M. Wilcher made a motion, seconded by Council Member E. Mast, that said Resolution be numbered and placed on first reading, and that the same be read in full at this time.  Motion carried.

 

Said Resolution having been designated as “II-F-1-d(512)”  and having been read in full, and the provisions of the same having been considered by the Council, Council Member C.A. Lazzaro 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(512)” at this meeting, be suspended and that said Resolution be placed on its final passage.  Motion carried.

 

“II-F-1-d(512)” 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 Resolution was as follows:

 

AYES:  J. Mike Wilcher, Elmer J. Mast, C. Arlene Lazzaro, 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(512)” having been passed after unanimous suspension of the rules, the President thereupon declared said Resolution to have duly passed and adopted.

 

ATTORNEY REPORT:  K. Bachman reported that the mid-size snow plow truck chassis and related equipment had been approved by the Town Council subject to financing.  The truck will come from Eby Ford of Goshen, the equipment and installation will be done by W.A. Jones.  The Council received bids and awarded the lease financing.  We are comfortable with the finance documents which can be signed effective September 1st.   K. R. Bachman stated that Beers Mallers Backs & Salin, LLP, employed by the Council as bond counsel, had prepared the following form of resolution for consideration by the Council.  Attorney K. R. Bachman then stated that it would now be in order for the Council to consider said resolution.  Attorney K.R. Bachman then introduced the following resolution entitled:  A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SHIPSHEWANA AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER TAX-EXEMPT LEASE/PURCHASE AGREEMENT WITH U.S. BANCORP GOVERNMENT LEASING AND FINANCE, INC., AS LESSOR, AND SEPARATE PROPERTY SCHEDULES THERETO FOR THE ACQUISITION, PURCHASE, FINANCING AND LEASEING OF CERTAIN EQUIPMENT WITHIN THE TERMS HEREIN PROVIDED; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION.

 

J.M. Wilcher moved that said Resolution be numbered and placed on first reading.  Said motion was seconded by E. Mast, and on call of the roll was carried by the following vote:

 

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

NAYS: – 0 –

 

The Resolution having been numbered “II-F-1-d(513)” (the “Resolution”), C. A. Lazzaro made a motion that any applicable local rules be suspended to allow final action and consideration of the Resolution to be taken at this meeting without further consideration, and that the Resolution be adopted as read.  The motion was seconded by E. Mast and on call of roll the vote on said motion was as follows:

 

AYES:  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(513)” having been passed after unanimous suspension of the rules, the President thereupon declared said Resolution to have duly passed and adopted.

 

  1. Yoder asked County Council Member, G. Bachman if he had anything to report.

 

  1. Bachman reported that the CR 200 project from Pallet 1 to 675 West has had a Change Order in the amount of $50,000.00 to do additional grinding and cleaning over the buggy rut area to provide a better final product. Discussion followed. G. Bachman further reported that there has been discussion about the need for a new Fire Pager System and whether it is proper to use CEDIT money to pay for them.  The County is in the process of raising taxes by imposing a .25% LOIT for public safety.  This tax will raise some money for the Towns as well.  I hate to raise taxes.  My question is where you feel the funds for a new pager system for the County should come from.  There is only one firm around that provides this service and the cost is around one million dollars.  Discussion followed.  R. Yoder pointed out that a new pager system would help the whole county but was not in favor of raising taxes to pay for it if other resources were available.  G. Bachman gave an example of sitting by a firefighter at the coffee shop and watching fire trucks go by and this fire fighters pager did not go off.  Discussion followed regarding who and how the County was approached regarding the pager issue.  G. Bachman pointed out the pager system will not be replaced this year but will be addressed in the 2017 budget.  There has been some discussion about a loan from Major moves money and paying it back with the new LOIT for public safety revenue as we won’t need all of it for the police retirement fund at this time.  Discussion followed.

 

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

 

MOTION:  E. Mast made a motion to adjourn.  C.A. Lazzaro seconded the motion.  Motion carried.

 

Attorney Excerpt

 

EXCERPTS FROM THE MINUTES OF A MEETING

OF THE TOWN OF SHIPSHEWANA TOWN COUNCIL

 

Minutes of a meeting of the Town of Shipshewana Town Council (the “Council”) held at the Town of Shipshewana, Town Hall, 345 North Morton Street, Shipshewana, Indiana, on the 11th day of August, 2016, at 6:00 p.m., pursuant to notice to the holding of said meeting pursuant to Indiana Code §5‑1‑14.

 

The meeting was called to order by the President of the Council, and the minutes of the meeting were recorded by the Clerk-Treasurer.  On roll call, the members of the Board Members of the Council were shown to be present or absent as follows:

 

Present:                                   Absent:

 

Roger D. Yoder                                  X

  1. Arlene Lazzaro X

Elmer J. Mast                                     X

Lynn M. Bontrager                                                                             X

  1. Mike Wilcher X

 

(among other business)

 

Kurt R. Bachman stated that Beers Mallers Backs & Salin, LLP, employed by the Council as bond counsel, had prepared the following form of resolution for consideration by the Council. Attorney Kurt R. Bachman then stated that it would now be in order for the Council to consider said resolution.         Attorney Kurt R. Bachman then introduced the following resolution entitled:

 

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SHIPSHEWANA AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER TAX-EXEMPT LEASE/PURCHASE AGREEMENT WITH U.S. BANCORP GOVERNMENT LEASING AND FINANCE, INC., AS LESSOR, AND SEPARATE PROPERTY SCHEDULES THERETO FOR THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT WITHIN THE TERMS HEREIN PROVIDED; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION.

 

  1. Mike Wilcher moved that said resolution be numbered and placed on first reading. Said motion was seconded by Elmer J. Mast, and on call of the roll was carried by the following vote:

 

Ayes:   4                                              Nays:  0

 

The resolution having been numbered II-F-1-d(513) (the “Resolution”), C. Arlene Lazzaro moved that any applicable local rules be suspended to allow final action and consideration on the Resolution to be taken at this meeting without further consideration, and that the Resolution be adopted as read.  This motion was seconded by Elmer J. Mast, and on call of roll the vote on said motion was as follows:

 

Ayes:   4                                              Nays:   0

 

(among other business)

 

There being no further or other business to come before the meeting, the same was, on motion duly made, seconded, and unanimously carried, adjourned.