SHIPSHEWANA TOWN COUNCIL

JANUARY 12, 2017  6:00 P.M.

SHIPSHEWANA TOWN HALL

345 N MORTON STREET

SHIPSHEWANA, IN  46565

 

PRESENT:  Council; Elmer J. Mast, Lynn M. Bontrager, Tad T. Hite, C. Arlene Lazzaro, J. Mike Wilcher.  Staff; Mike Sutter, Kurt R. Bachman, Ruth Ann Downey.  Public; Shanti Etchason, Karla Yoder, Rachel Bates, Annie Sharick, Breanna Strand, Sierra Kimmell, Hunter Whitney, Houston Haney, Dylan Mast, Try Zabona, Brady Roth, Amiah May, Kathy Franklin, Atlee Frain, Drake Yoder, Jeryl Weaver, Logan Lewton, Logan Pearson, Emily Miller, Miriam Gingerich, Gunner Eagleson, Branden, Reynolds, George R. Bachman, Guy Thompson.

 

Council Vice-President, C. Arlene Lazzaro called the meeting to order, noted that all Council Members were present, asked everyone to sign in and noted that agendas were available.

 

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

 

ELECTION OF OFFICERS:  Attorney, K. Bachman opened the floor for nominations for Council President.  C. A. Lazzaro nominated E. Mast.  J. M. Wilcher nominated C.A. Lazzaro.  K. Backman asked for any further nominations.  There being no further nominations K. Bachman called for a vote; results were as follows – E. Mast 2 votes, C.A. Lazzaro 3 votes.  K. Bachman asked if C.A. Lazzaro was willing to accept the position as Council President.   C.A. Lazzaro was willing to serve as Council President.

 

MOTION:  E. Mast made a motion to appoint C.A. Lazzaro as Council President for 2017.  J.M. Wilcher seconded the motion.  Motion carried.

 

C.A. Lazzaro opened the floor for nominations for Council Vice-President.  J.M. Wilcher nominated E. Mast for Council Vice-President.  C.A. Lazzaro asked if there were any further nominations for Council Vice-President.   There being no further nominations C.A. Lazzaro asked E. Mast if he was willing to serve in the position of Council Vice-President for 2017.  E. Mast was willing to serve as Council Vice-President.

 

MOTION:  J.M. Wilcher made a motion to appoint E. Mast as Council Vice-President for 2017.  C.A. Lazzaro seconded the motion.  Motion carried.

 

  1. A. Lazzaro reminded everyone to be sure to sign in, pointed out that item #2 on the Agenda regarding establishment of a Special Events Committee would be tabled and requested a motion to accept the Agenda with flexibility.

 

MOTION:  E. Mast made a motion to accept the agenda with flexibility.  L. Bontrager seconded the motion.  Motion carried.

 

AFTER-CHRISTMAS GIFT CERTIFICATE APPROVAL:  R. Downey referred Council Members to their paperwork for the list of 2017 Town Council Party Invitees and Gift Certificates.  R. Downey reported in years past the Council has approved presenting Gift Certificates which can be used at any business here in Town for the spouse or significant other of the employee.  In the case where there is not a spouse the gift certificate is given to the employee.   Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to approve the After-Christmas Gift Certificate list as presented.  E. Mast seconded the motion.  Motion carried.

 

2017 WAGE & SALARY ORDINANCE AMENDMENT:  R. Downey reported the reason for the 2017 Wage & Salary Amendment is connected to the Health Insurance allowances paid to an employee when they are not on the Town’s Health Insurance.  We had a reduction in our health insurance premiums this year so this affects the amount paid to those employees who do not have coverage with the Town but are on their spouses plan.  We currently have 2 employees that this affects.  Discussion followed.

 

President C.A. Lazzaro introduced AN ORDINANCE AMENDING WAGE AND SALARY ORDINANCE NO. II-F-1-d(2) FOR TOWN EMPLOYEES FOR THE CALENDAR YEAR 2017.  Council Member L. Bontrager made a motion, seconded by Council Member T. Hite, 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(525)” 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(525)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(525)” 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, Tad T. Hite, Elmer J. Mast, J. Mike Wilcher, C. Arlene Lazzaro.

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(525)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

TOWN MANAGER REPORT:  M. Sutter referred Council Members to their paperwork for two Ordinances for the Council’s Consideration.  The first Ordinance has to do with Parking Restrictions and the second Ordinance has to do with Traffic Restrictions.  M. Sutter referred Council Members to the Parking Restriction Ordinance and pointed out that changes to this Ordinance can be easily identified by looking at the date passed box which will have today’s date.  These changes are housekeeping matters, which is the same with the Traffic Restrictions Ordinance.  The Traffic Restrictions Ordinance adds North Village Drive, Farver Street, North Street and North & South Morton Street as through traffic streets where vehicles with three or more axles are allowed.  Discussion followed.

 

President C.A. Lazzaro introduced AN ORDINANCE CREATING CERTAIN PARKING RESTRICTIONS AND AMENDING CHAPTER 72 “PARKING SCHEDULES” OF THE SHIPSHEWANA TOWN CODE.  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 “IV-A-1-a(33)” 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 J.M. Wilcher, 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 “IV-A-1-a(33)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“IV-A-1-a(33)” 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, Tad T. Hite, C. Arlene Lazzaro.

NAYS:  – 0 –

 

There being present at said meeting at least two-thirds of the members elect of the Town Council and
“IV-A-1-a(33)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

President C.A. Lazzaro introduced AN ORDINANCE CREATING CERTAIN TRAFFIC RESTRICTIONS FOR TRUCKS, MODIFYING SNOW REMOVAL FROM SIDEWALKS, AND AMENDING CHAPTERS 70 AND 94 OF THE SHIPSHEWANA TOWN CODE.  Council Member L. Bontrager 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 “IV-A-1-a(34)”  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 requirement 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 “IV-A-1-a(34)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“IV-A-1-a(34)” 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, Elmer J. Mast, J. Mike Wilcher, Tad T. Hite, C. Arlene Lazzaro.

NAYS:  – 0 –

 

There being present at said meeting at least two-thirds of the members elect of the Town Council and “IV-A-1-a(34)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

FIRST READING CARRIAGE FOR HIRE ORDINANCE:  M. Sutter referred Council Members to their paperwork for the proposed Carriage for Hire Ordinance and recommended that this Ordinance only be introduced and given a first reading and to set the second reading for January 26th.  Discussion followed.  K. Bachman pointed out that the purpose of putting this Ordinance on first reading is that it gives the opportunity to make the public aware.  This Ordinance does not require a Public Hearing but you would be able to receive public comment at your January 26th Council meeting.  It is up to your discretion whether you open the meeting up for public comment.  The second reading and opportunity to adopt this Ordinance will take place at the January 26th Council meeting.  K. Bachman highlighted some of the requirements which would include appropriate insurance, horse care requirements, and a sticker for operation to name a few.  This Ordinance establishes a committee, lays out fees, and has an appeals procedure.  This Ordinance is designed to act in the best interest of the Public and to protect them should something go wrong.  Discussion followed.  L. Bontrager encouraged Council Members to consider receiving public comment at the January 26th Council meeting.  Discussion followed.

 

President C.A. Lazzaro introduced AN ORDINANCE ADDING A NEW SECTION 70.15 TO THE TOWN CODE OF ORDINANCES AND REGULATING THE COMMERCIAL USE OF CARRIAGES FOR HIRE IN THE TOWN OF SHIPSHEWANA.  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 “IV-D-1-b(1) “and having been read in full, and the provisions of the same having been considered by the Council, Council Member J.M. Wilcher made a motion, seconded by Council Member L. Bontrager that this Ordinance be set for Second reading at the January 26th Council meeting.  Motion carried.

 

  1. Sutter recommended starting the January 26th Council meeting at 5 p.m. rather than 6 p.m. due to the Carriage Ordinance being on the agenda and the Employee Dinner being scheduled for later that evening. Discussion followed.

 

MOTION:  E. Mast made a motion to move the start time from 6 p.m. to 5 p.m. for the January 26th Town Council meeting.  T. Hite seconded the motion.  Motion carried.

 

FINANCIAL REPORT:   R. Downey referred Council Members to their paperwork for proposals for financial services from Financial Solutions Group to do the annual Continuing Disclosure Filings, the Sustainability Analysis, and the Water, Wastewater and Storm Water Rate reviews for the Town.   R. Downey reported that the Town currently has Bonds outstanding for the Fire Station, TIF, and Storm Water.  Continuing Disclosure filing is required and non-compliance will have a negative impact on the next Town financing.  The cost for this service it estimated between $1,000.00 and $2,000.00.  Last year the fee was $1,375.00.  The Water, Wastewater and Storm Water Rate reviews all have not to exceed numbers with $2,500.00 for the Water and Wastewater with the Storm Water at $1,500.00 which is the same as last year.  The Sustainability Analysis has a not to exceed of $7,000.00 and came in at $5,150.00 last year.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve the 2017 financial services as submitted by Financial Solutions Group, Inc. of Plainfield, IN for the Continuing Disclosure Filings, the Sustainability Analysis, the Water, Wastewater and Storm Water Rate Reviews and authorized the Council President to sign the same.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Downey reported receipt of the Town 1782 Notice and noted that we are getting closer to final budget approval for 2017. In your paper work you will find the 2017 “1782 Notice” Versus Prior Years “1782 Notices” that was prepared for the Town by Financial Solutions Group. This report shows the Town Budget by fund from 2011 through 2017 and reflects the tax rate for each year.  The only fund that was not approved as requested for 2017 is the Cum Fire Fund.  We requested $30,000.00 and it was approved at $21,329.00 due to projected insufficient revenues.  Due to the annexation to 5 & 20 our annexation appeal was approved for $36,966.00, this is a permanent appeal and has been worked into the 2017 budget.  When the 1782 Notice is received, there is a 10-day window to respond to the DLGF if you want any changes.  We had until January 9th to respond.  After Financial Solutions Group reviewed the notice I responded requesting no changes on January 5th.  Discussion followed.

 

  1. Downey referred Council Members to their paperwork for a Defeasance Analysis dated January 10th 2017 and reported that this report has to do with the sale of the Event Center to Blue Gate Holdings on February 1st. This is not the final report but has been provided to the Council to help keep you informed as the process moves forward. Also in your paperwork is the December Fund Report that reflects revenue and expenses for the month of December.  There is also an Appropriation Report, Revenue Report, and Fund Report for December 31, 2016 so you can review our revenue sources and where expenditures were made for 2016.  More detailed reports can be made available at your request.

Discussion followed.

 

  1. Downey requested a motion to approve the Claims Registers, Adjustment Journals and December Bank Reconciliation Register as submitted. Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the Claims Registers, Adjustment Journals and December Bank Reconciliation Register as submitted.  E. Mast seconded the motion.  Motion carried.

 

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

 

TOWN MANAGER REPORT:  M. Sutter reported that there is a scissor lift at the Event Center and it is in need of repair.  I am requesting the authority to dispose of the scissor lift as surplus property, the estimated value of this piece of equipment is $350.00 to $400.00.  Discussion followed.

 

MOTION:  L. Bontrager made a motion giving authority to the Town Manager to dispose of the scissor lift at the Event Center as surplus property.  T. Hite seconded the motion.  Motion carried.

 

  1. Sutter referred Council Members to their paperwork for two quotes from Utility Supply Company for a 2” and a 3” compound meter. The 3” compound meter would be for the Blue Gate Garden Inn at a cost of $3,050.36 and the Town will pay for this meter. This hotel does not currently have a compound meter which means that when there is low water usage at the hotel the current meter is not picking up the low flow so the Town is not billing for it.  The compound meter will pick up the low and high flow.  At the Event Center, there is currently a 4” compound meter but it is larger than needed so it is being reduced to a 2” compound meter which will cost $2,202.08 and the Town will be reimbursed for this cost, because the reduction is at the request of Bluegate Holdings.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to purchase the 2” compound meter at a cost of $2,202.08 for the Event Center with the Blue Gate Garden Inn reimbursing the Town for the cost of the 2” meter and for the Town to purchase the 3” compound meter for the Blue Gate Garden Inn at a cost of $3,050.36.  E. Mast seconded the motion.  Motion carried.

 

C.A. Lazzaro asked if Council Members had anything further to bring before the Council.  There being nothing further C.A. Lazzaro extended a special welcome to the Westview Government class students and asked them to introduce themselves and ask any questions they may have.  C.A. Lazzaro introduced the Town Council and Staff to the students and student introductions followed.

 

There being no further business to come before the Council, C.A. Lazzaro asked for a motion to adjourn.

 

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