TOWN COUNCIL MEETING

OCTOBER 12, 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, Elmer J. Mast, J. Mike Wilcher, Tad T. Hite, Lynn M. Bontrager.

Staff; Robert W. Shanahan, Kurt R. Bachman, Brandon M. Hooley, Tom M. Fitch II, Ruth Ann Downey.

Public; Guy Thompson, George Bachman, Jonathan Dorsey, Matt Brinkman, Gage Newcomer, Samuel Sharp, Lizze Barkes, Trew Grice, Hayley Courtney, Xane Moore, Ambre Gray, Amber Wilson, Adrianna Wilson, Luke Sharp, B. Hahn, Danicha Shook, Olivia Voros, Iris Uresti.

 

Council President, C.A. Lazzaro 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 T. Hite led the pledge.

 

POLICE DEPARTMENT PRESENTATION:  LaGrange County Council Member, G. Bachman read and presented a LaGrange County Government Proclamation declaring the week of October 1st through the 8th as Peace Officer Appreciation Week to Town Marshal Tom M. Fitch II, and Deputy Marshal Brandon M. Hooley.  G. Bachman acknowledged that the appreciation week had already passed but felt it important to publicly express appreciation for the work that the Police do.  Discussion followed.

 

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

 

OLD BUSINESS:

MASTER PLAN UPDATE – PARKS – Region 3-A:   B. Shanahan reported that our current Park Master Plan expires in April 2018.  Jonathan Dorsey & Matt Brinkman are here this evening tO present a proposal and contract for the Park Master Plan Update.  See attached written proposal dated October 12th.  J. Dorsey reported that Region 3-A would update the current park plan, hold public meetings for public input, review and make sure you meet ADA accessibility requirements.  We hope to submit a draft plan to the Indiana DNR by January 15th and make any necessary revisions per their recommendations and have the plan approved by April or May 2018.  The cost to update the plan is $6,000.00 and ½ is due up-front and the second ½ upon completion of the project.  You will receive 8 physical copies and 1 digital copy of the Revised Plan.  B. Shanahan reminded Council Members of the importance of having an updated plan when applying for grants.  Discussion followed.  K. Bachman recommended that the Council allow his office to review the contractual agreement and pointed out that the Town has worked with Region 3-A in the past.  B. Shanahan recommended moving forward with the Park plan update.

Discussion followed.

 

MOTION:  T. Hite made a motion to move forward with the 5-year Park Master Plan Update with Region 3-A subject to review and approval of the contract by Beers, Mallers, Backs & Salin.  E. Mast seconded the motion.  Motion carried.

 

 

 

NEW BUSINESS:

POLICE DEPARTMENT REPORT:  T. Fitch II referred Council Members to their paperwork for the September monthly report and pointed out that we had 31 citations and 17 warnings.  We have had three car thefts but we are pretty sure that we have caught the individual and we are working on a couple of burglaries.  Light Parade time is around the corner, I have been attending meetings and making every effort to be sure we are prepared.  We should have 35 – 40 officers in Town for the event, we have acquired a couple of sign trailers to help direct traffic, we are doing what we can to ensure that we have a safe event.  We will be shutting down SR 5 longer than in the past, so a detour route will be marked.  T. Hite asked how the new officer is doing.  T. Fitch II reported that she will not be able to attend the academy until February, right show she is riding with other officers and taking care of administrative work.  Discussion followed.  T. Fitch II expressed appreciation for the efforts that are being made to look at the Town’s Health Insurance and Tech Services.  I know a lot of time has been invested and it is appreciated.  As you are aware the atmosphere for law enforcement is not very high right now, and it is difficult to find people.  By providing comparable wages and good benefits it helps retain our current employees and it is crucial to attracting new employees.

 

HUBBARD FEEDS – CONSTRUCTION & RENOVATION:    B. Shanahan requested that this item be postponed until the next meeting.  Their plans were not ready for this meeting.   They need to present to the Town and then present to the County.  Discussion followed.   This item was tabled.

 

CERTIFIED OPERATOR AGREEMENT FOR SEWER PLANT:  B. Shanahan reported that we need to update the agreement we have for the Certified Operator at the WWTP.  Our Wastewater employee is now eligible to take the test and once he passes the test the agreement with the Certified Operator will end.

The agreement is not ready for approval this evening.  Discussion followed.  This item was tabled.

 

SERVER UPDATE – TECH SUPPORT AGREEMENT:  B. Shanahan reported that the Tech Committee had been gathering quotes for a new server and a Tech support package.  The Tech Committee is recommending that the Council go with Blue Star IT.  Blue Star’s server quote is a not to exceed $30,000.00 and the IT package is $1,995.00 per month and a one-time fee of $2,495.00 4 TB network appliance for the Police video storage.    (See attached quote summary and quotes).   K. Bachman requested time to review the contract should the Council move forward with a decision this evening.

  1. Hite reported that one thing the Tech Committee really liked about Blue Star is that if there is any issue, they fix it, we are hiring a team and it is cheaper than hiring one person to do the Tech Support for the Town. They also do work for a number of other businesses her in Town, including the Shipshewana Auction, Riegsecker’s Inc. and the MEC. Discussion followed.  E. Mast pointed out that by going with a service contract we should not run into the issues we have been dealing with.  The final cost for the server will be addressed after they come in and evaluate all our equipment.  Discussion followed.

 

MOTION:  T. Hite made a motion to go with Blue Star, Inc.  due to the all-inclusive proposal for IT support for the Town at a cost of $1,995.00 per month subject to contract review and approval by Beers, Mallers, Backs & Salin and authorized the Council President to sign the contract outside of a Council meeting.  L. Bontrager seconded the motion.  Motion carried.

 

SET PUBLIC HEARING DATE – MEC ANNEXATION & ROAD PROJECT @ FARVER STREET/SR 5:  B. Shanahan reported that we were hoping to set the MEC Public Hearing for October 26th, this is a Voluntary Annexation but due to advertising deadlines this timeline is not achievable.  The hope is to be ready to set the Public Hearing date at our next Council meeting.  B. Shanahan reported that the Council held a Special Council meeting this morning regarding the Farver Street/SR 5 road project.  An agreement has been signed showing that the MEC is no longer responsible for the Farver Street/SR 5 improvements, but the Town of Shipshewana will improve the roads to meet both the Towns and INDOT’s standards and will pay for the project from TIF revenue.  The MEC will not receive any Tax Abatements.  This agreement was approved at the Council meeting this morning and they went to the County Plan Commission where they also agreed that the MEC would no longer be responsible for the SR5/Farver Street Project.  C.A. Lazzaro asked how wide Farver Street will be.  B. Shanahan reported that the road will be widened only to the East Boundary of the MEC we are not doing any road improvements for the County.  Since the MEC is on the south side of the road the majority of the widening will take place on the south side.  Discussion followed.   G. Bachman reported there is talk that the County would continue road improvements going east but we need to wait until your plans are in place.  Discussion followed.

 

RENTAL OF TEMPORARY LIGHTING – LIGHT PARADE PARKING:  B. Shanahan reported that he had been doing research regarding temporary lighting for the Ball Diamond & Soccer Field Parking areas so that they could be used for the Light Parade.  There is currently no illumination in these areas.  I had K. Bachman’s office review a contract for the rental of stadium lights, but his office found the contract unacceptable.  In the interim T. Fitch II has acquired two sets of lights through the military surplus program.  The cost to rent the lights was going to be $1,000.00 for three units.  The cost to purchase one unit is the same cost as the rental of three.  My recommendation is to purchase one light.  Discussion followed.

 

MOTION:  T. Hite made a motion to purchase one stadium light to be used at the Park Ball Diamond and Soccer Field Parking area during the Light Parade.  J.M. Wilcher seconded the motion.  Motion carried.

 

APPROPRIATION TRANSFER ORDINANCE:  R. Downey reported that we have just reached that time of year where our spending doesn’t always match what was appropriated so we need to be sure that as the expenses come in we move money from one appropriation to another so we do not leave anything in the negative.

 

President C.A. Lazzaro introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL, PARK, FOOD & BEVERAGE TAX, AND FIRE FUNDS.  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 designed at “II-F-1-d(541)” 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(541)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(541)” 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 “II-F-1-d(541)” 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 reported that there is a retention pond area behind the Car Museum, this property is currently titled to the Shipshewana Redevelopment Commission now the property needs to be transferred to the Town.  I have provided the document to Bob Shanahan so it can be signed and approved by the Redevelopment Commission and recorded.   B. Shanahan reported that it will be necessary to hold a Redevelopment Commission meeting in the near future because the plan is to use TIF Revenue for the Farver Street/Sr 5 road improvements.   Discussion followed.

 

TOWN MANAGER REPORT:  B. Shanahan reported that the Light Parade scheduled for November 11th will require closing SR 5 for 4 hours which requires the Town to acquire a permit from INDOT for the street closure and to submit a map showing the detours.  (See attached).  The road will be closed from 5 to 9 p.m., we will also need to contact the County for permission to use County roads for the detours.  I will attend Monday’s Commissioners meeting and after their approval submit the permit application to INDOT.  Discussion followed.

 

MOTION:   T. Hite made a motion authorizing the Town Manager to submit the appropriate permits to INDOT and the County for the SR 5 Street Closure for the Light Parade on November 11, 2017 and authorized the Council President and Vice-President to sign all necessary paperwork.  L. Bontrager seconded the motion.  Motion carried.

 

C.A. Lazzaro asked if Council Members had anything further.  L. Bontrager reported that she would not be able to attend the October 26th Council Meeting.

 

2018 BUDGET ADOPTION:  R. Downey referred Council Members to their paperwork for Form #3 Notice To Taxpayers and reported that the Council held the Public Hearing for the 2018 Budget at our September 28th Town Council meeting and per our notice tonight is the night for the Council to consider Adoption of the 2018 Budget.  Not having the Budget Adoption listed as an agenda item was an oversight on my part.  R. Downey referred Council Members to their paperwork for a copy of the 2018 Budget Adoption Ordinance and reminded everyone that the advertised tax rate is always higher than what is adopted to be sure that we capture all the tax dollars that may be available to the Town.  Discussion followed.

 

C.A. Lazzaro introduced AN ORDINANCE FOR APPROPRIATIONS AND TAX RATES FOR 2018 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 “II-F-1-d(540)” 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(540)”  at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(540)” 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, Tad T. Hite, 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(540)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

COUNTY COUNCIL REPORT:  G. Bachman reported that his hope is to apply for a Community Crossing Grant in 2018 for the County portion of the CR 200 N. improvement project going east from the MEC to CR 675.  Discussion followed.  G. Bachman pointed out that both the Town of Shipshewana and the County have done well this year as far as receipt of Community Crossing Grant funds go.  The County Council met regarding health insurance for 2018 and we are looking at a 4.15% increase, since we were expecting a larger increase we are paying for the increase and not charging the employees.

 

C.A. Lazzaro introduced the Town Council & Staff to the Westview Government Class students and asked them to introduce themselves and ask any questions they may have.  Introductions followed.

 

FINANCIAL REPORT:  R. Downey referred Council Members to their paperwork for Change Order #1 & Final for the East Main and Talmadge Street project.  R. Downey reported that this change order decreases the original contract by $6,484.90, making the total contract amount $75,610.10.  Their final pay request is from retainage in the amount of $8,312.52.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve Change Order #1 and Final for the East Main and Talmadge Street Improvements and to approve final payment to Pulver Asphalt Paving, Inc. in the amount of $8,312.52.   T. Hite seconded the motion.  Motion carried.

 

SEWER BILL ADJUSTMENT REQUEST:  R. Downey referred Council Members to their paperwork for the history summary printout and most recent Utility Bill for 1216 Parkway and reported that a request has been made for an adjustment to the sewer portion of their bill due to power washing of their duplex.  Their average usage is 3,000 gallons, there was 8,000 gallons used during the month of September.  Should you choose to approve an adjustment it would reduce their bill by $28.00 making their total bill $69.93 rather than the $97.93 that was billed.  They are making this request because this water would not have gone down the sewer. Discussion followed.  It was pointed out that reductions due to power washing a building have not been made in the past.  R. Downey reported that we do have the ability to do an interrogation on the meter and it will show us if there is a continuous leak or just high usage on one day.  Discussion followed.  C.A. Lazzaro requested that we look into this further have an interrogation on the meter done and table this request until the next Council meeting.

 

  1. Downey reported that the monthly department head reports were sent to Town Council Members via e-mail today for the Fire, Street, and Sewer Departments. All Council Members should have received information regarding upcoming AIM/IACT RoundTable meetings in their mailboxes. The closest one to us will be held in Middlebury on November 29th, if anyone is interested in attending please let me know and I will send in a group registration.  The September Fund report is in your paperwork, please let me know if you have any questions.  A motion to approve the September Bank Reconciliation Statement along with the Claims Register and Adjustment Journals would be appreciated.   Discussion followed.

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

 

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.  T. Hite seconded the motion.  Motion carried