TOWN COUNCIL MEETING

OCTOBER 13, 2016  6:00 P.M.

SHIPSHEWANA TOWN HALL

345 N. MORTON STREET

SHIPSHEWANA, IN 46565

 

PRESENT:  Council; Roger D. Yoder, Elmer J. Mast, J. Mike Wilcher, C. Arlene Lazzaro, Lynn M. Bontrager.  Staff; Mike Sutter, Kurt R. Bachman, Tom M. Fitch II, Andy Kniller, Ruth Ann Downey.  Public; Charles Wray, George Bachman, Kyle Hites, Mari Schwartz, Sydnee Grimes, Kelly Hahn, Landon Mast, Carol Bunten.

 

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:  L. Bontrager gave the invocation and J.M. Wilcher led the pledge.

 

PUBLIC HEARING EXCHANGE OF PROPERTY

  1. Yoder opened the public hearing portion of the meeting regarding Exchange of Property. M. Sutter reported that this property exchange is a very small piece of property behind this building by the stable next door. If the Town were to fence off all the property that belonged to the Town it would cause issues for them when they need to get their carriages in and out of the barn.  The new fence has been placed on a 45 degree angle so that they can get their carriages in and out.  They have paid for the installation of the new fence in exchange for this small piece of property.  K. Bachman reported that the property exchange will be between the Town of Shipshewana and Melvin J. and Violet June Riegsecker.  It is approximately .01 of an acre in size, a meets and bounds survey prepared by Taylor Engineering Co., Inc. is attached to the Quit Claim Deed.  Transfer of the property is in exchange for a 53’ white vinyl fence.  Following the Public Hearing there is a Resolution that the Council will need to adopt.  A Sales Disclosure Form and the Quit Claim Deed for this property that will need to be signed.  R. Yoder asked for public input.   There being no public input R. Yoder closed the public hearing portion of the meeting.

 

PUBLIC HEARING ADDITIONAL APPROPRIATIONS

  1. Yoder opened the public hearing portion of the meeting regarding Additional Appropriations. R. Downey reported that the Town is requesting an Additional Appropriation in the amount of $85,000.00 for the Town Center Operating Fund. This Additional Appropriation is necessary due to the Lease Agreement for the Event Center taking much longer than originally anticipated.  R. Yoder asked for input from the public.  There being no public input R. Yoder closed the public hearing portion of the meeting and opened the regular Town Council meeting.

 

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

 

  1. Yoder asked for corrections or additions to the July 14th or the September 22nd Town Council meeting minutes. Discussion followed.

 

MOTION:  E. Mast made a motion to accept the July 14, 2016 and September 22, 2016 Council meeting minutes as presented.  J.M. Wilcher seconded the motion.  Motion carried.

 

EXCHANGE OF REAL PROPERTY:  K. Bachman reported that the Resolution approving the Exchange of Real Property with a Person who is not a Governmental Agency is ready for the Council’s consideration along with the Sales Disclosure Form and the Quit Claim Deed.  The Quit Claim Deed must be signed in front of a notary.  Approval for the Council President to sign all required documents is part of the resolution.  Discussion followed.

 

President R. Yoder introduced A RESOLUTION OF THE TOWN APPROVING THE EXCHANGE OF REAL PROPERTY WITH A PERSON WHO IS NOT A GOVERNMENTAL AGENCY.  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 “III-B-1-c(9)” 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 “III-B-1-c(9)” at this meeting, be suspended and that said Resolution be placed on its final passage.

 

“III-B-1-c(9)” 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, Lynn M. Bontrager, 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 “III-B-1-c(9)” having been passed after unanimous suspension of the rules, the President thereupon declared said Resolution to have duly passed and adopted.

 

ADDITIONAL APPROPRIATION ORDINANCE:  R. Downey reported this Ordinance is the final approval step by the Town Council for the Town Center Operating Additional Appropriation request.

 

President R. Yoder introduced AN ORDINANCE APPROPRIATING ADDITIONAL FUNDS.  Council Member C.A. Lazzaro made a motion, seconded by Council Member J.M. Wilcher, 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(515)” 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(515)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(515)” 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:  C. Arlene Lazzaro, J. Mike Wilcher, Lynn M. Bontrager, Elmer J. Mast, 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(515)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

POLICE DEPARTMENT AWARD PRESENTATION:  Marshal, T. Fitch II presented an award to Andy Kniller for 10 years of service as a Police Reserve Officer for the Town of Shipshewana and promoted him to Senior Reserve Officer.  T. Fitch II reported that A. Kniller would be in charge of the Reserve Officers.

Congratulations were expressed and discussion followed.

 

POLICE DEPARTMENT REPORT:  T. Fitch II reported that the County and other surrounding departments have been charging for VIN checks.  A VIN check is necessary when you buy a vehicle out of state, I would like to recommend that the Council consider charging the same fee as the County which is $5.00.  Since surrounding agencies have been charging for this service and we do not we have seen an increase in the amount of VIN check requests.  Discussion followed.  K. Bachman reported that his office had drafted an Ordinance which would allow the Police Officers to charge a $5.00 fee for VIN checks, this Ordinance also establishes a Law Enforcement Continuing Education Fund which is a non-reverting fund.  K. Bachman read in full Section IV – B. the 18 allowable training categories for VIN check money uses.  Discussion followed.

 

ORDINANCE:  President R. Yoder introduced AN ORDINANCE ENABLING TOWN OF SHIPSHEWANA POLICE OFFICERS TO CHARGE FEES FOR CERTAIN VEHICLE INSPECTION SERVICES AND TO ESTABLISH A LAW ENFORCEMENT CONTINUING EDUCATION FUND.  Council Member L. Bontrager made a motion, seconded by Council Member J.M. Wilcher, 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-2-a(9)” 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-2-a(9)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-2-a(9)” 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 as follows:

 

AYES:  Lynn M. Bontrager, 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-2-a(9)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

  1. Fitch II inquired as to when they would be able to charge for the VIN checks. K. Bachman explained that there are publication requirements that must be met before charging. Discussion followed.

 

MOTION:  L. Bontrager made a motion that the Shipshewana Police Department begin charging for VIN checks effective November 1, 2016 subject to meeting publication requirements.  C.A. Lazzaro seconded the motion.  Motion carried.

 

LIGHT PARADE ROUTE APPROVAL:  C. Wray, Event Coordinator for Riegsecker Marketplace, referred Council Members to their paperwork for a letter dated October 5th regarding the Annual Light Parade and Tree Lighting Ceremony.  The parade is scheduled for November 12th and I am here to request approval for street closures beginning at 6:00 p.m. for the parade route and at 5:00 p.m. for Middlebury Street east.  The parade route has changed due to the growth of the parade and the number of people that it brings into Town.  To extend the parade by a couple of blocks the route will now go north along Morton Street from the Flea Market Entrance to North Street instead of only going to Main Street before turning west.  We are also requesting approval to use the bleachers for spectators along E. Middlebury Street.  Discussion followed.  R. Yoder asked how they plan on letting people know of the parade route changes.  C. Wray reported that the parade route will be part of their advertising.  T. Fitch II noted that the Police Department would be available to direct people as well.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the street closures as requested by Riegsecker Marketplace for the Annual Light Parade and Tree Lighting Ceremony to be held on November 12, 2016 with the parade route street closures beginning at 6:00 p.m. and the E. Middlebury Street closure beginning at 5 p.m. and the Town bleachers may be used on E. Middlebury Street for this event.  L. Bontrager seconded the motion.  Motion carried.

 

SEWER BILL ADJUSTMENT REQUEST:  R. Downey referred Council Members to their paperwork for a printout of Carol Bunten’s account at 120 E. North Street.  After returning from vacation C. Bunten came into the office and expressed concern that her next water bill would be high due to a toilet that had been running while she was gone.  C. Bunten’s normal usage is 1,400 gallons and her bill normally runs around $42.00 per month.  Her usage on the October bill was 60,900 gallons which has resulted in a $505.61 Utility bill.  It is my understanding that the toilet has now been repaired.  R. Yoder pointed out that the water did go through the Wastewater Treatment Plant (WWTP) and expressed concern about making adjustments for water that has been treated at the plant.  E. Mast noted that in the past adjustments have been made to the sewer portion of the bill when the water has ran out onto the ground or ended up in a basement.  R. Yoder recommended that C. Bunten work with her landlord regarding her bill.  C. Bunten reported that she was gone for 3 weeks and she did leave her key with others so the house could be checked, plants watered, etc.  I was aware that at times the stool would leak but it was not running when I left.  When I was home I just kept an eye on it.  I came into the office when I returned home and found the stool running to explain what had happened.  I called my landlord again now the flapper has been replaced.  I am single, retired and on a limited income.  C.A. Lazzaro asked if C. Bunten had asked her landlord to make repairs prior to leaving on vacation.  C. Bunten reported that she had made her landlord aware of the situation and would appreciate anything that the Council can do to lower her bill.  R. Yoder recommended setting up a payment plan, noting that the water was treated at the WWTP.  E. Mast recommended asking the landlord to pay the bill.  C.A. Lazzaro also recommended going to her landlord and also suggested she might be eligible for assistance from the Township Trustee.   Discussion followed.  Council Members recommended that C. Bunten seek assistance and come back to let them know what she was able to work out.  Discussion followed.  K. Bachman pointed out that in the past the Council has not allowed adjustments on a bill when the water has gone down the sewer and been treated at the plant.  C. Bunten had knowledge of the problem before leaving on vacation and had people caring for her property in her absence.  The bottom line is the water did not end up on the ground or in a basement so there is no precedence for any allowance in this case.  K. Bachman recommended checking with the landlord, the people who were caring for the property, or the Township Trustee for assistance, and if necessary setting up a payment plan with the Town.  Discussion followed.  K. Bachman recommended that a payment of some kind be made prior to the end of the month if C. Bunten wanted any kind of relief.  R. Yoder pointed out that there would be a Council meeting in another two weeks should we need to discuss this issue any further.

 

CAR MUSEUM EMPLOYEE WAGE INCREASE:  M. Sutter referred Council Members to Appendix 11 in their paperwork regarding Car Museum Employee Rosemary Marcon who is the Facilities Manager at the Museum.  I am recommending an 80 cent per hour raise retroactive to September 26th for her.  R. Marcon is still responsible for the building and is doing a great job.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to increase the wages for Car Museum employee Rosemary Marcon to $14.75 per hour retroactive to September 26, 2016.  E. Mast seconded the motion.  Motion carried.

 

WOLFE BUILDING PAINTING:  M. Sutter referred Council Members to their paperwork for two quotes for the interior painting of the Wolfe building and explained these quotes do not include the restrooms, hallway or kitchen area.  Four quotes were requested but only two quotes were received.  This project has been on the project list for the past year.  Creed Colors of Rome City has quoted $2,180.00 and Jantzi Decorating of Shipshewana quoted $1,950.00.  We are familiar with the work done by both contractors.  The only difference that I see between the two quotes is Creed colors has stated they will be applying two coats.  Both quotes include the ceiling in the entryway.  The Park Board has reviewed and discussed these quotes but we have no recommendation to bring to you because they did not have a quorum at their last meeting.  R. Yoder asked if we needed to find out if Jantzi was going to do two coats.  M. Sutter reported that a call had been made to Jantzi Decorating with no response.  K. Bachman reported this is a service and you are not required to go with the low quote.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to go with Creed Colors of Rome City for the interior painting of the Wolfe Community Building at a cost of $2,180.00.  C.A. Lazzaro seconded the motion.  Motion carried.

 

2017 BUDGET ADOPTION:  R. Downey referred Council Members to their paperwork for Budget Form #1 – Budget Estimate for 2017 along with the Ordinance for Appropriations and Tax Rates Budget Form #4.

  1. Downey reported that this is the same 2017 Budget that was presented at the Public Hearing on September 22nd. The only difference on your Budget Form #1 is that there is an amount in the Published and Adopted Column. The adopted amounts can be made lower prior to submission of the 2017 Budget into the gateway program if the Council wishes.  The DLGF will not approve a budget any higher than what was advertised on Budget Form #3.  Discussion followed.  R. Downey reported that within 48 hours after the Council Adopts the Budget it will be uploaded to the Gateway program.   Please be sure to check the appropriate box when you sign the Budget Adoption Ordinance.  Discussion followed.

 

ORDINANCE:  President R. Yoder introduced AN ORDINANCE FOR APPROPRIATIONS AND TAX RATES FOR THE TOWN OF SHIPSHEWANA FOR 2017.  Council Member E. Mast made a motion, seconded by Council Member J.M. Wilcher 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(518)” 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(518)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(518)” 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:  Elmer J. Mast, J. Mike Wilcher, Lynn M. Bontrager, 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(518)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

WAGE & SALARY ORDINANCE AMENDMENT:  R. Downey reported that the Wage & Salary Amendment sets the wages for the Utility Billing Clerk and is retro-active to her date of hire which was October 3rd.

It does allow for wage increases following positive reviews at 90 and 180 days.  Discussion followed.

 

President R. Yoder introduced AN ORDINANCE AMENDING WAGE AND SALARY ORDINANCE NO. II-F-1-d(2) FOR TOWN EMPLOYEES FOR THE CALENDAR YEAR 2016.  Council Member C.A. Lazzaro made a motion, seconded by Council Member E. Mast, 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(516)” 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(516)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(516)” 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:  C. Arlene Lazzaro, Elmer J. Mast, Lynn M. Bontrager, 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(516)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

  1. Downey reported that due to an oversight the Wage and Salary Ordinance Amendment just passed by the Council did not include the statement retro-active to the Billing Clerk’s date of hire. A motion stating that this Ordinance is retro-active to her date of hire would be appreciated.

 

MOTION:  C.A. Lazzaro made a motion to make the Wage & Salary Ordinance Amendment just approved for the Utility Billing Clerk retro-active to her date of hire, October 3, 2017.  J.M. Wilcher seconded the motion.  Motion carried.

 

APPROPRIATION TRANSFER ORDINANCE:  R. Downey reported this Ordinance is not asking for new money to be spent it is just moving money from one line item to another to reflect where the expenses in each fund are being made.  Discussion followed.

 

President R. Yoder introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL, TIF, MVH, PARK, FOOD & BEVERAGE TAX, TOWN CENTER OPERATING AND FIRE FUNDS.  Council Member E. Mast made a motion, seconded by Council Member J.M. Wilcher, 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(517)” and having been read in full, and the provisions of the same having been considered by the Council, Council Member E. Mast made a motion, seconded by Council Member L. Bontrager, 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(517)” at this meeting be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(517)” 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:  Elmer J. Mast, Lynn M. Bontrager, C. Arlene Lazzaro, 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(517)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

FINANCIAL REPORT:  R. Downey referred Council Members to their paperwork for the September 30th Fund Report and pointed out that the Town had received two Thank You notes.  One note is from Eden Worship Center for the use of the flags from the Council meeting room for their Patriot Day Service and the other note is from the LaGrange County Economic Development Corporation for the Town’s continued support.  There are no Adjustment Journals, there is a Claims Register from September 29th due to the payroll late in the month and I am asking for approval of Claims totaling $108,352.16.  I have been at training yesterday and a good portion of today.   The claims have been written and are available for individual review but they have not been entered into the computer which generates the Claims Register.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the September 29, 2016 Claims Register as presented and to approve Claims for October 13th totaling $108,352.16.  E. Mast seconded the motion.  Motion carried.

 

TOWN MANAGER REPORT:  M. Sutter reported that it is necessary to purchase two new computers for use at the Car Museum.  We have received three quotes:  Atlas IT of Middlebury, IN quoted $1,458.00 for two Lenovo ThinkPad E560s and $78.30 for software for a total of $1,536.30.  Ascend Computer Tech of Sturgis, MI quoted $1,398.0 for two Lenovo ThinkPad E560s and $498.00 for software for a total of $1,896.00.  Ascend Computer Tech of Sturgis, MI also quoted $1,798.00 for two Dell Latitude E5570’s and $498.00 for software for a total of $3,296.00.  Discussion followed.  R. Downey reported that this expense would be paid from the Town Center Operating Fund.

 

MOTION:  J.M. Wilcher made a motion to approve the quote from Atlas IT of Middlebury, In the amount of $1,536.30 for two Lenovo ThinkPad E560s with software for a total cost of $1,536.30 for use at the Car Museum to be paid from the Town Center Operating Fund.  E. Mast seconded the motion.  Motion carried.

 

  1. Sutter reported that delivery of the new Ford Mid-size Plow Truck is expected sometime next week. I would like permission to advertise and seek sealed bids for the sale of the 2001 GMC Truck with an 8’ plow and salt spreader. Discussion followed.

 

MOTION:  E. Mast made a motion authorizing the Town Manager to advertise and seek sealed bids for the sale of the 2001 GMC plow truck with salt spreader upon delivery of the new Ford Mid-size plow truck.  C.A. Lazzaro seconded the motion.  Motion carried.

 

  1. Sutter reported that the Town has received an IDEM Violation Notice due to ammonia levels in Oxy Ditch #2. The walkway over the ditch needed repairs so we had to shut one ditch down and this caused the ammonia levels to test high. Kevin Wenzel who is the acting Certified Operator for the plant will be responding to this notice.  Discussion followed.

 

  1. Sutter pointed out that currently the Town has an excellent Staff and you are fortunate to have the people that you have doing their job every day. Last INDOT was here today and they left Customer Service Business Cards so that you can call a toll free number to report pot-holes that need to be filled.

 

COUNTY COUNCIL REPORT:  G. Bachman reported that the CR 200 N project is near completion and should be opened by the end of the month.  The LIT Safety Tax was turned down at the Council meeting.  The tax is done for this year but we will be working on it for next year.  Discussion followed.

 

  1. Yoder introduced the Town Council and staff to Westview High School government class students and asked them to introduce themselves and ask any questions they may have. Introductions followed. S. Grimes asked why gravel is put on some of the roads.  G. Bachman reported that it is a top seal process that helps prolong the life of the roads.   Discussion followed.

 

  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:  C.A. Lazzaro made a motion to adjourn.  L. Bontrager seconded the motion.  Motion carried.