SHIPSHEWANA TOWN COUNCIL

APRIL 13, 2017  6:00 P.M.

SHIPSHEWANA TOWN HALL

ROGER D. YODER COUNCIL ROOM

345 N. MORTON STREET

SHIPSHEWANA, IN  46565

 

PRESENT:  Council; C. Arlene Lazzaro, Lynn M. Bontrager, Tad T. Hite.  Staff; Mike Sutter, Kurt R. Bachman, Tom M. Fitch II, Ruth Ann Downey.  Public; Richard Radcliff, Heaven Hagerman, Francisco Munoz, Marvin W. Yoder, Jeff & Sarah Perking, Norman Miller, Rafael Flors, Chuck Wray.  ABSENT:  Council; Elmer J. Mast, J. Mike Wilcher.

 

Council President C. A. Lazzaro called the meeting to order and noted that Council Members J. Mike Wilcher and Elmer J. Mast were absent all other Council Members were present.  C.A. Lazzaro welcomed everyone and asked that they sign in.  Agendas were available.

 

INVOCATION & PLEDGE:  L. Bontrager gave the invocation and T. Hite led the pledge.

 

PUBLIC HEARING FOR ADDITIONAL APPROPRIATIONS IN THE FOOD & BEVERAGE TAX & TCO FUNDS:

Council President C.A. Lazzaro officially opened the Public Hearing portion of the meeting.  R. Downey reported that the Town is requesting approval to spend an additional $30,000.00 in the Town Center Operating Fund to cover Utility cost and an additional $35,000.00 in the Food & Beverage Tax Funds to cover the cost of expansion of the Soccer Field parking area.  C.A. Lazzaro asked for input from the public.  M. Yoder asked if the Food & Beverage Tax was going to go up.  R. Downey responded no, the request is to spend money that has already been collected not to increase the Food & Beverage Tax to raise additional funds.  C. A. Lazzaro asked if there was any further input from the public.  There being no further public input C.A. Lazzaro closed the public hearing portion of the meeting.

 

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

 

  1. A. Lazzaro asked for corrections or additions to the December 29, 2016 Council meeting minutes.

 

MOTION:  L. Bontrager made a motion to approve the December 29, 2016 Council meeting minutes as submitted.  T. Hite seconded the motion.  Motion Carried.

 

  1. Downey asked if Council Members had received the March 23, 2017 Council meeting minutes. Discussion followed. C. A. Lazzaro asked for corrections or additions to the March 23, 2017 Council meeting minutes.

 

MOTION:  L. Bontrager made a motion to approve the March 23, 2017 Council meeting minutes.  T. Hite seconded the motion.  Motion carried.

 

POLICE DEPARTMENT REPORT:  T. Fitch II requested approval from the Council to put a Cadet Officer on the Police Department.  This young man is 19 years old, currently attends Howe Military School, and would like to go into Law Enforcement.  You must be 21 years old to serve as a Reserve Officer, a Cadet Officer does not have enforcement authority. Jingjie Sun has good grades in school and has some big leadership responsibilities at the school.  Discussion followed.

 

MOTION:  T. Hite made a motion authorizing Marshal Tom M. Fitch II to add Jingjie Sun as a Cadet Officer to the Shipshewana Police Department.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Fitch II reported that he had received free items from the Military Surplus Program that he would like permission to dispose of. The problem is that to receive the good items you also get junk items with them. The items I wish to dispose of are surplus property, of no value to the Town, and they are no longer on the Military’s inventory.  We do not pay for the items only shipping to get the items here, and we are keeping what we can use.  K. Bachman asked if the items for disposal had any value to the Town.  T. Fitch II reported that he would like to donate surplus items that are of no use to the Town, in fact they cost the Town to store them.  For example, in one shipment we received over 1,000 hockey shoulder pads, we have kept what we can use for DT’s, but we cannot use them all.  I have checked to see if a hockey league could use them but they will not work for the hockey leagues without the other parts.  Discussion followed.

 

MOTION:  T. Hite made a motion authorizing the Town Marshal to dispose of surplus property received from the Military Surplus Program and other sources which have no value or use for the Shipshewana Police Department.  L. Bontrager seconded the motion.  Motion carried.

 

MAYFEST STREET CLOSURE REQUEST:  C. Wray referred Council Members to their paperwork for a letter dated April 3, 2017 regarding the 2017 street closure request for Mayfest.  C. Wray reported that this is our 28th year for Mayfest and the theme is “Wake Up And Smell The Flowers”.  We are requesting that Morton Street between Main Street and Depot Street be closed at noon on Thursday, May 4th so that the food vendors can set up and to leave this street closed through the completion of Mayfest on Saturday evening.   On Saturday, we are requesting street closures for the 3 on 3 basketball tournament, the parade route, buggy races and the garden tractor pull, (see attached letter for exact street closure requests).  Both Tom Fitch II and Mike Sutter have attended the Mayfest Committee meetings this year.  M. Sutter reminded C. Wray that no tent stakes are to be put in the street pavement and asked about the man pull event, is it a skid on wheels or just dragging the skid, and will this event damage the new street?  C. Wray reported that he thought that event took place in the park last year, not on Morton Street.  Discussion followed.  C. Wray reported that there may be a shed building contest on Morton Street but not the Man Pull.  Discussion followed regarding bicycle parking and allowing bicycle parking on Depot Street in front of the library during the Mayfest activities.

 

MOTION:  T. Hite made a motion to approve the Street Closures for Mayfest as submitted on the letter dated April 3, 2017.  L. Bontrager seconded the motion.  Motion carried.

 

OPEN BIDS FOR THE SALE OF 2009 POLICE VEHICLE:  R. Downey reported that nine (9) sealed bids had been received for the 2009 Dodge Charger and read the bids as follows:  Jeff Perkins of Shipshewana – $1,500.00; Kevin Arnold Strickland, Jr. of Shipshewana – $500.00; Jeremy Ober of Angola – $555.55; Beth Borchers – $4,800.00; Merlin A. Mullet of Topeka – $1,500.00; Jason Yoder of Shipshewana – $1,200.00; Darin Hochstetler of Shipshewana – $2,300.00; Larry Miller of Burr Oak, MI – $3,025.00; and our final bid is a second bid from Jeff Perkins of Shipshewana – $2,000.00.  R. Downey pointed out that the high bid was from Beth Borchers at $4,800.00.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to award the Sale of the 2009 Dodge Charger, police vehicle to the high bidder; Beth Borchers for $4,800.00.  T. Hite seconded the motion.  Motion carried.

 

STREET SWEEPING CONTRACT APPROVAL (BEST SWEEP):  M. Sutter referred Council Members to their paperwork for a Memo dated April 7, 2017 regarding Street Sweeping and pointed out that the Town has been having Best Sweep do the Town Streets for the past 3 years.  They sweep the streets every other week beginning in May until the leaves fall.  They are keeping the hourly rate at last year’s rate of $104.00/hour.  Total hours in 2015 were 68.75 and 74 hours in 2016.  We do use the Town street sweeper on the off weeks.  Discussion followed.

 

MOTION:  T. Hite made a motion to contract with Best Sweeping of Goshen, IN for street sweeping services for the Town of Shipshewana on an every other week basis at $104.00 per hour not to exceed $8,500.00 for the street sweeping season.  L. Bontrager seconded the motion.  Motion carried.

 

HVAC MAINTENANCE CONTRACT – PUBLIC RESTROOMS & TOWN HALL/WOLFE BUILDING:  M. Sutter reported that this is the second year that the Town has worked with Crystal Valley Comfort for HVAC Maintenance Contracts.  The Public Restroom HVAC Maintenance renewal is $212.00 and the renewal for the Town Hall/Wolfe Building is $732.00.  Discussion followed.

 

MOTION:  T. Hite made a motion to approve the HVAC Maintenance Renewal Contracts with Crystal Valley Comfort of Elkhart, IN as submitted for an annual fee of $212.00 for the Public Restrooms and $732.00 for the Town Hall/Wolfe Building.  L. Bontrager seconded the motion.  Motion carried.

 

REMC STREET LIGHT AGREEMENT – ON THE MORTON STREET EXTENSION:  M. Sutter referred Council Members to their paperwork for an Agreement For Line Extension With Town of Shipshewana and LaGrange County REMC.  M. Sutter reported that due to the annexation of this area and the area being for business development the Town is to provide Street Lights within three years of the annexation.  Three street lights have been installed by NIPSCO on the south end of this area but the north end of this area is serviced by LaGrange County REMC and they require a payment agreement for installation up front.  NIPSCO just adds a little to your monthly bill so the installation costs are paid over time.  REMC will be installing three street lights on the east side of Morton Street and go north to North Village Drive for a cost of $6,442.46.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the agreement between the Town of Shipshewana and LaGrange County REMC for the installation of three (3) street light on the east side of Morton Street to North Village Drive at a cost of $6,442.46 and authorized the Council President to sign the same.  T. Hite seconded the motion.  Motion carried.

 

JOB DESCRIPTION REVISIONS:  M. Sutter referred Council Members to their paperwork for a breakdown of staff positions and duties.  Joshua Koontz our Buildings & Grounds Superintendent has earned his DS and WT License for the Water plant so he is now our Certified Water Operator which is why we need to shift some of the staff’s duties and titles.  We will no longer use the title Utilities Superintendent because we will have one Certified Operator for the Water Department and a Certified Operator for the Wastewater Treatment Plant.  New titles are as follows: Wastewater Treatment Superintendent; Water & Grounds Superintendent; Streets & Storm Water Superintendent; and Facilities & Support Superintendent.  (See attached for duty breakdowns for each Superintendent).  The Town has an excellent crew that works together and these Superintendent positions are working not just supervision positions.  The office staff will be working on the new duty descriptions to put them into more of a narrative form for the official Job Descriptions.  Discussion followed.

 

MOTION:  T. Hite made a motion to accept the Job Description and Title changes as presented.  L. Bontrager seconded the motion.  Motion carried.

 

PLANS FOR WATER LINE EXTENSION ALONG SR 5 TO US 20:  M. Sutter reported that as part of the annexation to 5 & 20 the Town now needs to provide water service to that area.  We already have sewer service but we need to move forward with plans for how to get water service to that area.  Discussion followed.

 

MOTION:  L. Bontrager made a motion authorizing DLZ to develop plans to provide water service from the end of the current service line along SR 5 to the intersection of SR 5 & US 20.  T. Hite seconded the motion.  Motion carried.

 

ORDINANCE FOR ADDITIONAL APPROPRIATIONS:  R. Downey reported this Ordinance goes along with the Public Hearing held earlier this evening.   Then paperwork will be sent to the DLGF for final approval.

 

President C. Arlene Lazzaro introduced AN ORDINANCE APPROPRIATION ADDITIONAL FUNDS.  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(527)” 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 T. Hite, 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(527)” at this meeting  be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(527)” 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, 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(527)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

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

 

TOWN MANAGER REPORT:  M. Sutter reported that at the last Council Meeting we discussed expanding the soccer field parking area and the need to install fencing to protect buffalo boxes, manholes, etc. in the area.  We did not have quotes for the fencing at the last meeting.  The fence will be thee (3) sided to allow for maintenance.  Payment for the fence will be taken from the water department, two quotes were received.  One quote is from Quality Fencing of Shipshewana $1,867.00 and the second quote is from WD Fencing of LaGrange $2,975.85.  The quotes are for 260’ of two (2) rail white vinyl fence which is the type of fence we have at the soccer fields.  There is a map attached which shows the location for the fence.  Discussion followed.

 

MOTION:  T. Hite made a motion to approve the quote from Quality Fencing of Shipshewana in the amount of $1,867.00 to be paid by the Water Department and installed at the soccer fields.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Sutter referred Council Members to their paperwork for a proposed agreement for a temporary drive entrance on the Morton Street extension. M. Sutter reported that he had been contacted by Gary Helmuth who runs the Corn Maze in the fall. Mr. Helmuth has requested permission to put in a temporary driveway entrance across from the Town’s lift station #18.  This temporary driveway would require no fees and have no curb cut, he plans on leveling the ground behind the curb so that people can go up and over the curb without damaging it.  We have asked that this drive be barricaded off when the Corn Maze is not in operation.  I recommend that we require a fence post be installed by the manhole that is directly south of the proposed driveway and asked that he provide written permission from the property owner.  This agreement states the size of the driveway and that they are responsible to repair the curb if it is damaged.  Discussion followed.  L. Bontrager asked how people have reached the Corn Maze in the past.  M. Sutter responded they have used Noah Miller’s driveway for the greenhouse.  Discussion followed.  M. Sutter reported that Gary Helmuth has been a good community partner in the past and made some contributions to the Parks Department.  Discussion followed.

 

MOTION:  T. Hite made a motion to approve the temporary drive entrance for access to the Corn Maze as requested by Gary Helmuth subject to compliance with the Temporary Drive Entrance Document dated April 14th and authorized the Town Manager to sign the same on behalf of the Town.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Sutter reported that Fire Hydrant Flushing will begin on May 22nd and run through July 31, 2017 on Mondays, Thursdays, and Fridays. At the next Council meeting the two summer interns will be here for introductions. C.A. Lazzaro reported that she had seen the guys out flushing hydrants last week.  M. Sutter reported that they have been flushing hydrants since the filter rehab process was completed.  From this filter rehab process the Town has been experiencing some discoloration of the water.  They have emptied both water towers one time and have been flushing hydrants in an effort to get the water discoloration out of the system.  The water is still perfectly safe to use and drink, it is just a result of the filter rehab process.  Discussion followed.

 

FINANCIAL REPORT:  R. Downey referred Council Members to their paperwork for a hard copy of the TIF Annual Report that was e-mailed to them on March 27th and reported that the Annual TIF Report had been uploaded on Gateway today.  In your paperwork, you will find the March Fund Report along with information regarding the ILMCT 81st Annual Conference and SBOA School that will be held on June 11 – 15, 2017 in Florence, IN.  The conference registration fee is $400 before May 26th and the lodging cost is $110.88 per night, for 3 nights that is $322.64.  I usually ride with another Clerk-Treasurer from the area so the mileage cost is shared, the majority of the meals are included in the conference cost but there will be a couple of meals that are not included.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the attendance of the Clerk-Treasurer at the ILMCT 81st Annual Conference and SBOA School from June 11 – 15, 2017 and for the Town to pay for the conference, lodging and associated expenses.  T. Hite seconded the motion.  Motion carried.

 

  1. Downey requested a motion to approve the Claims Registers, Adjustment Journals and March Bank Reconciliation sheet and pointed out that with the new Fund Program we are doing a Bank Reconciliation on the computer along with the hand Bank Reconciliation that has been done in the past.

MOTION:  L. Bontrager made a motion to approve the Claims Registers, Adjustment Journals and March Bank Reconciliation as submitted.  T. Hite seconded the motion.  Motion carried.

 

  1. A. Lazzaro asked if there was any further business to come before the Council. Town Council and Westview Government Class Student introductions followed. C. A. Lazzaro requested that consideration be given to meeting at an earlier time in the future should Maundy Thursday fall on a Council night so that Council Members would have the option of attending church services.  Discussion followed.

 

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

 

MOTION:  T. Hite made a motion to adjourn.  L. Bontrager seconded the motion.  Motion carried.