TOWN COUNCIL MEETING

DECEMBER 29, 2016  6:00 P.M.

SHIPSHEWANA TOWN HALL

345 N MORTON STREET

SHIPSHEWANA, IN  46565

 

PRESENT:  Roger D. Yoder, C. Arlene Lazzaro, Elmer J. Mast, Lynn M. Bontrager, J. Mike Wilcher.  Staff; Mike Sutter, Kurt R. Bachman, Tom M. Fitch II, Juan Carlos Jasso, Brandon M. Hooley.  Public; Guy Thompson, Levi Bouwkamp, Tad Hite, Caleb Clapp, Molly Jasso, Mack Grobis.

 

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

 

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

 

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

 

POLICE DEPARTMENT AWARDS:  Marshal, T. Fitch II asked Sergeant J.C. Jasso, and Reserve Officer Levi Bouwkamp to join him and reported that there was an incident at the Light Parade that involved a gun and these two did an excellent job that saved lives.  I wanted to appropriately recognize them both for their efforts.    Plaques were presented and appreciation for a job well done expressed.

 

NEILET COUNCIL FIREARMS SYSTEM REFURBISHMENT CONTRIBUTION:  T. Fitch reported that NEILET stands for Northeast Indiana Law Enforcement Training.  This Council is made up of 42 agencies in the northeast corner of the state.  The Council has a FATS Training machine that needs some work.  I would like to donate $1,000.00 from our department to help upgrade the FATS (firearms training system).  This machine can be brought here for our department to use for training.  When it is here we invite other departments to come and use it.  Discussion followed.

 

MOTION:  E. Mast made a motion to donate $1,000.00 from the Police Training appropriation to the NEILET Council for the FATS machine refurbishment.  J. M. Wilcher seconded the motion.  Motion carried.

 

USDA GRANT FOR A POLICE CAR:  T. Fitch reported that he had been working on filling out the paperwork for a USDA Grant for a Police Car.  We have received a grant for a police car in the past and it really helped us develop a good rotation for the cars.  This grant may bring in between $27,000.00 – $28,000.00 to put towards a car purchase.  For this grant to move forward it requires the Council’s approval and the Council President’s signature.  R. Downey reported that a notice had been put in the newspaper and posted notice on the door here at the Town Hall stating that we would be meeting this evening to discuss applying for a USDA Rural Development Grant to assist with the purchase of a police car.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to approve pursuit of a USDA Grant for a Police car and authorized the Council President, and Clerk-Treasurer to sign any necessary documents for this grant.  C.A. Lazzaro seconded the motion.  Motion carried.

 

 

POLICE DEPARTMENT REPORT:  T. Fitch II reported that two reserve officers have resigned just because they are too busy.  I currently have in intern from IVY Tech that I would like to put on as a Reserve Officer, his name is Jacob Hostetler.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the appointment of Jacob Hostetler as a Reserve Officer for the Shipshewana Police Department subject to a favorable background check.  E. Mast seconded the motion.  Motion carried. 

 

 

OPEN BIDS 2001 GMC SIERRA C35 3500 WITH PLOW & SALT SPREADER:  R. Downey reported that two bids have been received for the truck.  The first bid is from Jeremy Ober of 306 S. Geraldlett Avenue in the amount of $1,001.00.  The second bid is from Wilbur Weaver of Howe, IN at $1,135.00.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to accept the bid from Wilbur Weaver of Howe in the amount of $1,135.00 for the 2001 GMC Sierra C35 3500 with Plow and Salt Spreader.  E. Mast seconded the motion.  Motion carried.

 

BEREAVEMENT LEAVE POLICY AMENDMENT:  M. Sutter referred Council Members to their paperwork for a proposed draft of changes to the Town’s Bereavement Leave Policy.  M. Sutter reported that there would still be 5 consecutive days off during a work week upon the death of a Spouse, Son, Daughter, Mother, Father, Brother, Sister, Son or Daughter in Law and Mother or Father in Law.  Three days are paid Bereavement Leave the other two day are paid based upon availability of personal or sick leave.  If neither is available, the remaining two days shall be unpaid leave.  An employee may be grated up to three consecutive days of leave upon the death of Grandparent, Aunt, Uncle, Step Father, Step Mother, or for a person for whom the employee has the person’s Power of Attorney.  Two days are paid Bereavement Leave and one is to be used from personal days, if both personal days have been used then a sick day is to be used.  If neither is available, the remaining day shall be unpaid leave.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the amendment to the Bereavement Leave Policy, by repealing what is currently in the handbook and replacing it with the amendment.  E. Mast seconded the motion.  Motion carried.

 

WATER PLANT CHLORINE TREATMENT EQUIPMENT UPGRADES:  M. Sutter reported that the Town had recently had a visit from Joe Frazier, a circuit rider for the Alliance of Indiana Rural Water Association.  Mr. Frazier has four suggestions for chlorine updates.  The suggestions are as follows:  #1. a visual alarm outside the water plant, #2. automatic shut offs on top of the chlorine tanks, #3. digital scale head and scales with the middle arm between the tanks, and #4. a small dehumidifier to help keep moisture out of the room.  We will not be doing #4, the dehumidifier, at this time.  Cost are as follows:  #1. visual alarm $175.00.  #2. automatic shut offs $8,240.00.  #3. digital scales $1,951.00.  In addition, we need to repair the chlorine injection point for $42.00, put in a free chlorine on demand meter at a cost of $2,635.00 and there is a fee of $650.00 for the installation of the equipment for a total estimated cost of $13,693.00.  Spear Corporation has supplied a quote for all this equipment and has been used by the Town in the past.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve upgrading of the chlorine equipment at the Water Plant per the quote from Spear Corporation at a total estimated cost of $13,693.00.  C.A. Lazzaro seconded the motion.  Motion carried.

 

2017 BOARD, COMMISSION, COMMITTEE APPOINTMENTS:  M. Sutter referred Council Members to their paperwork for the Board & Commission Appointments for 2017.  Park Board has two 4 year reappointments; Velma Yoder and the School Board Appointee, Leanna Martin, that still leaves two vacancies on the Park Board.  The Storm Water Board serves three year terms and Jack Pearson is willing to be reappointed but we have one vacancy on this board because Nate Jones has moved out of Town.  Christine A. Yoder is willing to serve on the Public Benefit Corporation for another three-year term.  The Economic Development Corporation is a one year term and I am willing to serve another year.  The Redevelopment Commission is also a one year term and everyone listed is willing to serve again except for a vacancy left by Mike Bernard.  Mike Wilcher has agreed to fill the vacancy left by Roger Yoder on the Car Museum Board.  Recommendations for Town Council Liaisons are as follows:  Lynn Bontrager for Park Board, Elmer Mast for Police/Fire, Elmer Mast for Utilities, Mike Sutter for the SRMA and Arlene Lazzaro for the Historical Society.   We are also recommending that Tad Hite be the Town Emergency Management Representative and that the Technical Review Committee be expanded from three Members to five and recommend Tom Fitch II, Elmer Mast, Joshua Koontz, Charity Elliott and Tad Hite be appointed to that committee.     Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the Board, Commission and Committee Appointments for 2017 as presented.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Downey reported that Oath and Appointment Forms have been prepared and will require the Councils signatures at the end of this meeting.

 

OPTION TO PURCHASE SHIPSHEWANA EVENT CENTER RESOLUTION APPROVALS:  K. Bachman reported that the Redevelopment Authority owns the Event Center real estate and building, they have issued bonds and lease the building to the Redevelopment Commission, who pays rent via TIF revenue to the Redevelopment Authority.  The Redevelopment Commission has sub-leased the building to Bluegate Holdings, LLC.  In the lease with Bluegate Holdings there is an option to purchase subject to the release of liens along with a free and clear title.  The option to purchase requires notice and a $100,000.00 deposit.  Bluegate Holdings, LLC has exercised their option to purchase, and the first step was approved by the Redevelopment Commission passing a Resolution to accept Bluegate Holdings, LLC. option to purchase.  Then the Redevelopment Authority met and accepted the process of transfer of Title from the Redevelopment Authority to the Redevelopment Commission and from the Redevelopment Commission to Blue Gate Holdings LLC by February 1, 2017.  The bonds will be released and defeased and proceeds from the sale of the building will be placed in an escrow account at Farmers State Bank which will replace the collateral of the building for the bonds.  Tonight, the Council needs to accept these Resolutions for the process to continue moving forward.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to accept the Resolutions from the Redevelopment Authority and the Redevelopment Commission regarding the sale of the Event Center and authorized Beers, Mallers, Backs, and Salin LLP to move forward with the option to purchase the Event Center by Bluegate Holdings LLC.    J.M. Wilcher seconded the motion.  Motion carried.

 

WINTER PARKING RESTRICTION ORDINANCE:  M. Sutter reported this Ordinance will amend and add under Section C no Parking on the east side of Talmadge Street during a snow emergency.  C. A. Lazzaro asked if an effort will be made to notify people regarding this change.  M. Sutter replied yes.  Discussion followed.

 

President R. Yoder introduced AN ORDINANCE CREATING CERTAIN PARKING RESTRICTIONS AND AMENDING CHAPTER 72 “PARKING SCHEDULES” OF THE SHIPSHEWANA TOWN CODE.  Council Member C.A. Lazzaro made a motion, seconded by Council Member L. Bontrager, 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(32)” 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 “IV-A-1-a(32)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“IV-A-1-a(32)” 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, Lynn M. Bontrager, 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 “IV-A-1-a(32)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

APPROPRIATION TRANSFER ORDINANCE:  R. Downey reported that this Ordinance allows for appropriation transfers that may not be listed in the Ordinance due to oversights so that no appropriation will be left in the negative at the end of the year.  Discussion followed.

 

President R. Yoder introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL, CEDIT, TIF, PARK, 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(524)” 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(524)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(524)” 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, 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(524)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

VACATION CARRY OVER REQUEST/BANKING VACATION HOURS:  R. Downey referred Council Members to their paperwork for a letter dated December 29th regarding Vacation Carry over hours and banking hours.  R. Downey requested that the Council approve banking 280 hours of her vacation time rather than requesting that it be carried over into 2017 and carrying 4 hours over which will be used on December 30th but paid in January.  See attached letter.  Discussion followed.

 

MOTION:  E. Mast made a motion to allow the Clerk-Treasurer to carry over 4 hours of vacation time and bank 280 hours to be used in case of personal or parental illness.  C.A. Lazzaro seconded the motion.  Motion carried.

 

2017 WAGE & SALARY ORDINANCE AMENDMENT:  R. Downey reported that it is necessary to amend the 2017 Wage & Salary Ordinance because David West received notification that he had earned his DSS Certification after we had passed the 2017 Wage & Salary Ordinance on November 10th.  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 2017.  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 “II-F-1-d(523)” 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(523)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(523)” 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, 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(523) having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

2016 ENCUMBRANCES:  R. Downey referred Council Members to their paperwork for a list of funds to be encumbered from 2016 over into 2017.  In the General Fund, we need to encumber the $1,000.00 that you approved this evening for the Police Department to refurbish the NEILTC FATS training system and $14,797.42 from the Pulver Asphalt Paving Agreement to finish the East Main & Talmadge Street Improvements.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the Encumbered Funds From 2016 as submitted by the Clerk-Treasurer.  E. Mast seconded the motion.  Motion carried.

 

MAIN STREET CLOSURE REQUEST (HUBBARD MILL) JANUARY 13 – 16, 2017:  M. Sutter reported that he had been contacted by Jim Long of Hubbard Mill and they are requesting that Main Street be closed from January 13 – 16, 2017, weather permitting, so they can continue necessary refurbishment and repair work on the Mill.  The street needs to be closed because they need to use the crane for the repair work and the crane will need to sit on Main Street.  Discussion followed.

 

MOTION:  E. Mast made a motion to close Main Street from January 13th – January 16th to allow Hubbard Mill to move forward with their refurbish and repair work on the Mill.  L. Bontrager seconded the motion.  Motion carried.

 

2017 ENGINEERING SERVICE AGREEMENT/DLZ:  M. Sutter referred Council Members to their paperwork for a proposal for Engineering Services for 2017.  M. Sutter reported per Casey Erwin of DLZ this is approximately a 1% increase over the 2016 fees.  Discussion followed.

 

MOTION:  J. Mike Wilcher made a motion to approve the 2017 DLZ Engineering Service Agreement as submitted.  C.A. Lazzaro seconded the motion.  Motion carried.

 

ROY SCHLABACH SEWER BILL ADJUSTMENT REQUEST:  R. Downey referred Council Members to their paperwork for a letter from Roy Schlabach and a history printout of his account.  Per his letter an outside hydrant/faucet was left on.  We reviewed his account for 2016 and came up with an average usage of 11,500 gallons per month.  His November consumption which is reflected on the December bill was 19,300 gallons.  This is a 7,800 gallon difference which comes to $43.68.  We recommend that the sewer portion of Mr. Schlabach’s bill be reduced by $43.68.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to reduce Mr. Schlabach’s sewer bill by $43.68.  C.A. Lazzaro seconded the motion.  Motion carried.

 

INTERNAL CONTROL ORDINANCE:  R. Downey reported that the Town has been working at putting into writing some of the procedures that were already in place to assure that we are improving the Internal Control System for the Town.  This document will be periodically reviewed and updated as we find out what does and what does not work for the Town.  Discussion followed.

 

President R. Yoder introduced A RESOLUTION ESTABLISHING POLICIES AND PROCEDURES FOR IMPROVING THE INTERNAL CONTROL SYSTEM OF THE TOWN OF SHIPSHEWANA.  Council Member E. Mast made a motion, seconded by Council Member L. Bontrager, 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-2-b(33)” 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-b(33)” at this meeting, be suspended and that said Resolution be placed on its final passage.  Motion carried.

 

“II-F-2-b(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 Resolution 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-2-b(33)” having been passed after unanimous suspension of the rules, the President thereupon declared said Resolution to have duly passed and adopted.

 

2017 CLERK-TREASURER & BLANKET BOND APPROVAL:  R. Downey referred Council Members to their paperwork and reported it is time for the annual renewal of the Clerk-Treasurer and Blanket Bond for Town Employees.  Bonds are required by the SBOA.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the Blanket Bond and the Bond for the Clerk-Treasurer as submitted.  E. Mast seconded the motion.  Motion carried.

 

ANNUAL CERTIFICATION OF ELECTED OFFICE RE:  COMPLIANCE WITH CONTRACT & NEPOTISM POLICY: 

  1. Bachman reported that there is a state law that requires annual certifications be submitted by Council Members to the Council President regarding disclosure of Town contracts with any business interests of a relative along with hiring and or supervision of any relatives while serving on the Town Council. The Clerk-Treasurer is required to submit only the form regarding hiring and supervising relatives. Discussion followed.

 

MOTION:  L. Bontrager made a motion authorizing the Council President to accept the Annual Certification of Elected Officials on Compliance with the Town Nepotism Policy and the Town Contract Disclosure Policy.  E. Mast seconded the motion.  Motion carried.

 

CODIFICATION SUPPLEMENT ADOPTION ORDINANCE:  K. Bachman reported due to the Town Ordinance Codification update that was completed earlier this year I have prepared an Ordinance for the Council’s consideration that approves this update.  Discussion followed.

 

President R. Yoder introduced AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SHIPSHEWANA.  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 “I-B-1(2)” 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 “I-B-1(2)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“I-B-1(2)” 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, 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 “I-B-1(2)” 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 November Fund Report and a Thank you note from Roger & Marolyn Yoder.  R. Downey reported that Billing-Clerk, Stacey Gerwig has been with the Town for more than 90 days now and has received a positive employee review.  With the positive review, she is eligible for a 25 cent per hour raise after the first of the year.  This raise has been built into the 2017 Wage and Salary Ordinance.  Discussion followed.

 

MOTION:  E. Mast made a motion to accept the positive review for the billing-clerk position with a 25 cent per hour raise effective January 1, 2017.  J.M. Wilcher seconded the motion.  Motion carried.

 

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

 

TOWN MANAGER REPORT:  M. Sutter thanked the Council for a good 2016, thanked R. Yoder for his leadership, and pointed out it looks like a busy 2017.  Discussion followed.

 

  1. Yoder acknowledged Tad Hite was in the audience and noted that he would be the new Council Member in 2017.

 

Council Members thanked R. Yoder for his leadership over the years, for all they had learned from him, and the history he has brought to the Council.  They expressed appreciation for all he has done for the community and assured him that he will be missed.  Discussion followed.

 

  1. Downey requested a motion to approve the Claims Registers, Adjustment Journals, and the November Check Reconciliations. Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the Claims Registers, Adjustment Journals, and the November Check Reconciliations, as submitted.  L. Bontrager seconded the motion.  Motion carried.

 

OATH OF OFFICE:  Attorney, K. Bachman administered the Oath of Office for Clerk-Treasurer R. Downey for the term beginning at noon, January 1, 2017 and continuing until 2020 or a successor is elected and qualified.  Clerk-Treasurer, R. Downey administered the Oath of Office for Council Members C. Arlene Lazzaro, Elmer J. Mast, and Tad T. Hite for a 4-year term beginning January 1, 2017 and continuing until December 31, 2020 or a successor is elected and qualified.

 

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.  J.M. Wilcher seconded the motion.  Motion carried.