TOWN COUNCIL MEETING

DECEMBER 8, 2016  6:00 P.M.

SHIPSHEWANA TOWN HALL

345 N MORTON STREET

SHIPSHEWANA, IN 46565

 

PRESENT:  Council Members; Roger D. Yoder, C. Arlene Lazzaro, J. Mike Wilcher, Elmer J. Mast, Lynn M. Bontrager.  Staff; Mike Sutter, Kurt R. Bachman, Tom M. Fitch II, Ruth Ann Downey.  Public; Guy Thompson, Kristie Hooley, Deanna Hooley, Brent Hooley, Tim Graber, Iva Graber, Tiffany Geaugh, Sharon Carpenter, Jared Beasley, Sherri Johnston, Marolyn Yoder, Lizz Wingard, Lindsey Yoder & Kids, Tanisha Carpenter, Justin Graber, Bruce Curry, Ada Graber, Sharla Weldy, Carl Lazzaro, Police Officers, EMT’s, and Firefighters.

 

SPECIAL PRESENTATION:  Town Marshal, T. Fitch II reported that there had been a serious accident Sunday evening.  The Family and a Parkview Hospital representative want to express their appreciation for the quick and professional response at that accident.  Family Member introductions followed.  An Uncle explained that a driver and two siblings were involved in this roll-over accident.  The younger sibling, Twila Carpenter was treated and released but Tiara Carpenter had a torn carotid artery, and internal bleeding.  The first responders were instrumental in saving her life, there was even an officer that stayed with her the whole time holding her hand and praying with her until the ambulance arrived.  We want to honor and say Thank You to the incredible team of first responders.   The family presented gift certificates and expressed thanks to the Police Officers, EMT’s and Firefighters who were present at the accident.  Bruce Curry, head of the EMS at Parkview LaGrange Hospital presented a lapel pin which is only given to those who go above and beyond the call of duty to the Paramedics, Firefighters and Police Officers involved at this accident and expressed the importance of the three different departments working as one team.  T. Fitch II thanked everyone for their support.

 

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

 

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 November 10, 2016, Council meeting minutes.

 

MOTION:  E. Mast made a motion to approve the November 10, 2016 Council meeting minutes as presented.  C.A. Lazzaro seconded the motion.  Motion carried.

 

2001 GMC SIERRA/BID OPENING:  Clerk-Treasurer, R. Downey reported that three bids had been received and opened the bids as follows:  Joshua Koontz – $750.00; Jeremy Ober – $800.00; Sam Miller – $800.00.  Discussion followed.  Attorney, K. Bachman reported that the Council can reject all the bids, pick one bid, or re-open the bid process due to the tie.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to reject all the bids and re-open the bid process.  E. Mast seconded the motion.  Motion carried.

 

  1. Sutter reported that the plow alone is worth $500.00, the truck mechanically is ok although the body is rough. Discussion followed.

POLICE DEPARTMENT REPORT:  T. Fitch II acknowledged Merv Miller and explained he had forgotten Merv’s certificate.  Merv was with the others at the 450 N & SR 5 one car accident last Sunday.   The roads were slick Sunday night, the car rolled and stopped on its side.  When someone has a torn carotid artery, it is rare that they make it to the hospital.  It is amazing what was done.

 

  1. Fitch II reported that he had been working on a USDA Grant that will pay up to 75% of a police car and the equipment. We will be publishing a notice in the paper for discussion and hopefully approval to apply for this grant at the December 29, 2016 Council meeting. Discussion followed.

 

POLICE DEPARTMENT PURCHASES:  T. Fitch II reported that with some purchases from Wingard Sales we have been able to enclose the Hum-V, and now we would like to get a snow plow for it.  We would like to have Mullets Repair Shop build a plow for it, they have estimated the cost at $2,500.00.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion approving the expenditure of up to $2,500.00 with Mullets Repair Shop to make a plow for the Shipshewana Police Department Hum-V.  E. Mast seconded the motion.  Motion carried.

 

2017 GENERATOR MAINTENANCE CONTRACT:  M. Sutter referred Council Members to their paperwork for a quote from Cummins Crosspoint for the annual Generator Maintenance Contract.  We currently have four generators on this contract, one for the Water Department and three for the Sewer Department.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve the quote from Cummins Crosspoint for the annual Generator Maintenance Contract for the four Town generators at a total cost of $2,420.00.  C.A. Lazzaro seconded the motion.  Motion carried.

 

2017 EMPLOYEE HEALTH INSURANCE:  M. Sutter referred Council Members to their paperwork for the Town of Shipshewana Group Medical Overview for 2017 Renewal Options.  M. Sutter reported that the Town does work with a broker and he did check with PHP and United Health but the best package options were through Anthem this year.  All proposed options would result in a decrease of cost to the Town and the employee.  Our broker recommended options 2-HLM or 2-HL6.  I believe the Council is in favor of 2-HL6 which lowers the cost of the deductible by $900.00 for an individual and $1,800.00 for families.  This option would result in a 4.2% deduction in premiums over 2016.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to go with option 2017 – 2HL6 from Anthem Blue Cross for Employee Health Insurance for 2017.  J.M. Wilcher seconded the motion.  Motion carried.

 

2017 HOLIDAY SCHEDULE APPROVAL:  R. Downey referred Council Members to their paperwork for the proposed 2017 Holiday Schedule for Town Employees and noted that Town Hall would be closed on these days.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the 2017 Holiday Schedule as presented.  E. Mast seconded the motion.  Motion carried.

 

BEFORE CHRISTMAST GIFT CERTIFICATES:  R. Downey referred Council Members to their paperwork for the 2016 Before Christmas Gift Certificate list.  Included on this list are gift certificates for our Police Reserve Officers, the School Crossing Guard and the custodian.  The amounts are the same as in previous years.  The gift certificates are good at any business within the Town of Shipshewana.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to approve the 2016 Before Christmas Gift Certificate List as presented.  C.A. Lazzaro seconded the motion.  Motion carried.

 

SET 2017 MEETING DATES:  R. Yoder reported that the Town has been meeting on the second and fourth Thursdays of the month at 6 p.m. for many years.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to set the Council meeting dates on the same days as we have in the past, on the second and fourth Thursday of the month at 6:00 p.m. except for November when no second meeting of the month will be held due to the Thanksgiving Holiday.  J.M. Wilcher seconded the motion.  Motion carried.

 

2017 VAN BUREN TOWNSHIP FIRE CONTRACT:  R. Downey reported that she had received an e-mail from Van Buren Township Trustee Lynn Conklin on November 28th with a copy of the 2017 Shipshewana Fire Service Agreement signature page showing that Van Buren Township had approved the 2017 Fire Service Agreement on September 29th.   Newbury Township approved the Agreement on October 3rd and the Town Council had approved the Fire Service Agreement with Newbury Township at the October 27th Town Council meeting.  This evening I am asking for your approval of the 2017 Fire Service Agreement with Van Buren Township.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the 2017 Shipshewana Fire Service Agreement with Van Buren Township as presented.  E. Mast seconded the motion.  Motion carried.

 

2016 WAGE & SALARY ORDINANCE AMENDMENT:  R. Downey reported that David West had received his Water Distribution Operator Certificate which was issued on November 1st.  When our utility workers receive their certifications it also means an increase in pay.  Distribution Certification results in a 65 cent per hour raise and that is what is in the Ordinance for your consideration this evening.  Please note this raise would be retroactive to November 1st.   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(521)” 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(521)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(521)” having been read in full was then placed upon its final passage, and on call for 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(521)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

INDIANA BICENTENNIAL PROCLAMATION:  R. Downey reported that on November 18th the Town had received a letter along with a new Bicentennial flag from the Indiana Bicentennial Commission.  As part of the culmination of the Bicentennial year in Indiana they have asked that each Indiana Community pass a Proclamation acknowledging the 200th anniversary of the day that President James Madison signed the act admitting Indiana as the 19th State of the Union.  Discussion followed.

 

Town Manager M. Sutter read the Proclamation in full and Council President R. Yoder signed the same.

 

TOWN MANAGER REPORT:  M. Sutter referred Council Members to their paperwork for Change Order #4 & Final for the TIF Legacy Bond projects.  This Change Order requires your approval and final approval and signature by the Shipshewana Redevelopment Authority.  This Change Order increases the project cost by $1,078.16 for additional concrete work at the public restrooms and at the Buildings & Grounds/Police Maintenance Garage.  DLZ has also sent Pay Request #7 for Walsh & Kelly in the amount of $51,611.84 which requires the Council approval and the Council President’s signature.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve Change Order #4 & Final for the TIF Legacy Bond project in the amount of an additional expense of $1,078.16 and to send this Change Order on to the Redevelopment Authority for final approval, and further moved to approve Pay Request #7 for Walsh & Kelly, Inc. in the amount of $51,611.84 and authorized the Council President to sign the same.  J.M. Wilcher seconded the motion.  Motion carried.

 

  1. Sutter reported that the Hostetler’s Hudson Auto Museum will host a pit stop for the 2017 Hemmings Motor News Great Race on Thursday, June 29, 2017. The Great Race, is the world’s premier old car rally, cars should begin arriving at the museum around 9:45 a.m. After this pit stop they will continue to Travers City Michigan.  This will draw many visitors to Shipshewana for this special event.

Discussion followed.

 

APPROPRIATION TRANSFER ORDINANCE:  R. Downey reported that this Ordinance is only moving appropriations from one line item to another to reflect where the money is being spent.

 

President R. Yoder introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL, MVH, FOOD & BEVERAGE TAX, TOWN CENTER OPERATING AND FIRE FUNDS.  Council Member J.M. Wilcher 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(522)” 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(522)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(522)” 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:  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 “II-F-1-d(522)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

2016 VACATION CARRY OVER REQUEST:  R. Downey referred Council Members to their paperwork for two Vacation Carry Over Requests from the Police Department and one from the Town Manager.  R. Downey reported that Officer, Brandon Hooley is requesting that 1 vacation day be carried over into 2017 and Town Marshal, Tom M. Fitch II is requesting that 3 vacation days be carried over into 2017.  Town Manager, Mike Sutter is also requesting that 3 vacation days be carried over into 2017.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the vacation carry over requests as presented carrying over 3 vacation days for Tom Fitch II, and Mike Sutter, and one vacation day for Brandon Hooley.    L. Bontrager seconded the motion.  Motion carried.

 

ATTORNEY REPORT:  K. Bachman reported that the 2017 Contract for Legal Services was ready for the Council’s consideration and pointed out that the current contract does not expire until December 31, 2016.  The retainage has remained the same with a $5 per hour increase in the hourly rate.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the Contract For Legal Services for 2017 with Beers Mallers Backs & Salin, LLP attorney at law as presented.  L. Bontrager seconded the motion.  Motion carried.

 

FINANCIAL REPORT:  R. Downey reminded the public and the Council that the final meeting for December has been moved from December 22nd to December 29th.  We will still be meeting here at the Town Hall at 6:00 p.m.  R. Downey requested a motion to approve the Claims Registers and Adjustment Journals as presented.   Discussion followed.

 

MOTION:  E. Mast made a motion to approve the Claims Registers and Adjustment Journals as submitted.  J.M. Wilcher seconded the motion.  Motion carried.

 

  1. Yoder wished everyone a Merry Christmas and asked if there was any further business to come before the Council.

 

SPECIAL PRESENTATION:  Council Vice-President, C.A. Lazzaro presented a Wall Clock to Council President, R. Yoder in recognition of 30 years of service as a Council Member to the Town of Shipshewana.  C.A. Lazzaro noted that R. Yoder has served on the Council for 30 years being Council President for 26 of those years.  C.A. Lazzaro read the inscription on the clock as follows; Public Service is more than a job, it is not just a way of life.  It is a way to live life fully and must be complete dedication to the people.  You have inspired us on your journey to achieve true public service and made a difference in our community.  Thank you for 30 amazing years.  M. Sutter announced that the Council meeting room would be named the Roger D. Yoder Council Room in recognition of Roger D. Yoder who has served on the Shipshewana Town Council from July 1, 1986 to December 31, 2016 and as Council President for 26 years.  R. Yoder thanked everyone who has served with him and pointed out that a lot has been accomplished over the years and that he looks forward to seeing more accomplishments in the years to come.

 

  1. Yoder acknowledged the Westview Government Class students present and hoped that they would look forward to serving their community in the future. R. Yoder introduced the Town Council & Staff to the Westview Students and asked them to introduce themselves and ask any questions they may have. Introductions followed.

 

COUNTY COUNCIL REPORT:  G. Bachman thanked R. Yoder for his years of service to the community and encouraged anyone with any questions regarding the new legal building that the County plans on building to feel free to contact him.  Discussion followed.

 

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

 

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