July 26, 2018 Council Meeting Minutes

SHIPSHEWANA TOWN COUNCIL

JULY 26, 2018  6:00 P.M.

SHIPSHEWANA TOWN HALL

Roger D. Yoder Council Room

345 N. Morton Street

Shipshewana, IN  46565

 

PRESENT:  Council; Elmer J. Mast, C. Arlene Lazzaro, J. Mike Wilcher, Lynn M. Bontrager, Tad T. Hite.  Staff: Robert W. Shanahan, Kurt R. Bachman, Tom M. Fitch II, Nicholas M. Byroad, Ruth Ann Downey.

Public:  Guy Thompson, Geoff Lesar.

 

Council President, E. Mast 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:  L. Bontrager gave the invocation and T. Hite led the pledge.

 

PUBLIC HEARING ADDITIONAL APPROPRIATIONS

  1. Mast officially opened the Public Hearing portion of the meeting regarding Additional Appropriations. Clerk-Treasurer, R. Downey reported that the Town is requesting an additional of $30,000.00 in the General Fund for Health Insurance. After the 2018 Budget was in place the Council decided to contribute to HSA Accounts for Town Employees and there was a slight increase in Health Insurance costs as well.  We are requesting an additional of $800,000.00 from our TIF Fund $750,000.00 for the Farver Street/SR 5 Improvements and $50,000.00 for Professional Services.  E. Mast asked for input from the public regarding the Additional Appropriation request.  There being no input from the public E. Mast closed the public hearing portion of the meeting and opened the regular Council meeting.

 

FIRE DEPARTMENT EQUIPMENT PURCHASE:  B. Shanahan reported that he had met with Newbury Township Trustee, Brandi Fitch and a letter was provided to the Newbury Township Board regarding the Town’s responsibility to pay for any necessary truck repairs in excess of the 2018 Fire Budget due to the depletion of their funds for the Fire Equipment Purchase.  I believe their board was going to meet last evening but I have not had a response regarding payment of the fire equipment.  My hope is to report the results of their decision regarding the fire equipment at the next meeting.  Discussion followed.

 

COMMUNITY CROSSINGS GRANT UPDATE:  B. Shanahan reported that the paving for the street projects has been completed, the striping is not done and there is still some minor landscaping to be completed.  There are three water pooling concerns that need to be addressed before the project is closed.  Discussion followed.

 

SOUTH SIREN UPDATE:  B. Shanahan reported that the South Siren was tested today, and it worked.  It should go off for the first time with the other warning sirens in the County on Saturday at noon.  Discussion followed.

 

LICENSED OPERATOR AGREEMENT- WATER DEPARTMENT:    B. Shanahan referred Council Members to their paperwork for a copy of the Contractor Agreement and reported that Chris Hunter had served before in this capacity for the Town and has agreed to be the Certified Water Testing and Treatment Operator for the Town again until the Town has a Certified Operator.  The fee will be $40.00 per hour for two hours per day, five days a week or $20,800.00 per year.  IDEM requires a Certified Operator to sign off on our testing.  David West has his Distribution License and has agreed to take the test for his Treatment License.  Wastewater Superintendent, Sean Neeley has also agreed to take the test for his Water License.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion authorizing the Council President to sign the Certified Water Testing and Treatment Contractor Agreement between the Town of Shipshewana and Licensed Operator Chris Hunter and that the agreement be retro-active to July 20, 2018.  L. Bontrager seconded the motion.  Motion carried.

 

FIRE TRUCK LEASE AGREEMENT:  Clerk-Treasurer, R. Downey reported that she had received the Fire Truck Lease Agreement paperwork from the low bidder US Bancorp.  This is the company we currently have one of our Street Department trucks leased through. R. Downey referred Council Members to their paperwork for a list of Banks that were asked to bid on the interest rate for the fire truck and the summary of bids received.  We only had four bidders U.S. Bank, Huntington Bank, PNC Bank and Horizon Bank.  You also have a financing proposal from the low bidder US Bancorp (US Bank) with an interest rate of 3.413% for a five-year period beginning February 2019 and completing in August 2023.  I don’t believe that Kurt’s office has had time to review all the documents but if his office should find everything to be in order permission to sign the Fire Truck Lease paperwork between meetings would be appreciated.  Discussion followed.

 

MOTION:  L. Bontrager made a motion authorizing signature of the Fire Truck Lease paperwork between Council meetings subject to the Attorney’s final review and approval of all the necessary documents.  C.A. Lazzaro seconded the motion.  Motion carried.

 

ADDITIONAL APPROPRIATIONS ORDINANCE:  R. Downey reported that this Ordinance is the Council’s final action on the Public Hearing held earlier this evening.

 

President E. Mast introduced AN ORDINANCE APPROPRIATING ADDITIONAL FUNDS.  Council Member C.A. Lazzaro 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(560)” 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 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 “II-F-1-d(560)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(560)” 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, Tad T. Hite, Lynn M. Bontrager, J. Mike Wilcher, Elmer J. Mast.

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

 

SR 5/FARVER STREET CONSTRUCTION SCHEDULE:  B. Shanahan reported that a Pre-Construction meeting was held last Friday with the company doing the project, Rieth-Riley.  A number of options were discussed.  It will be necessary to close Farver street for one week, this will be done before the SR 5 improvements.  The biggest concern is that it could take up to 14 weeks to get the signal for SR 5.  Preparation for the project will begin on August 12 and they do expect to be finished on time.  Discussion followed.

 

TOWN CELL PHONE CONTRACT UPDATE:  B. Shanahan reported that it is time for the Verizon Contract renewal for the Town and they now offer a state program that will save us $10.00 per phone per month.  When Verizon Representatives were here a discussion was also held regarding emergency response during a disaster and a Priority Call List.  If there is a catastrophe our phones would be given priority over other phone calls.  We are also requesting the addition of six new lines at $40.00 per month.  Phones would be for the Wastewater Superintendent, Street Superintendent, Water Apprentice, Administrative Manager, Fire Chief and Council President at a cost of $240.00 per month or $2,880.00 per year.  Discussion followed.  E. Mast noted that the addition of six lines is a lot of added expense.  We still have radio’s and other means of communication in case of a disaster.  Discussion followed regarding changing to the state plan.

 

MOTION:  T. Hite made a motion to change from the Federal to the State Plan for current Town Cell Phones.  L. Bontrager seconded the motion.  Motion carried.

 

2018 LIGHT PARADE UPDATE:  B. Shanahan reported that the first meeting for the 2018 Light Parade had been held.  The Parade will be held on November 10th and follow the same parade route as last year.  This year the light parade will be held on the same day as a Notre Dame home game, so we will not have as much support from the State Police for this event.   We have a good start on the planning, S. Harrison Street is wider now, and the parking at the Town Soccer Fields will be advertised and a trolley service provided to shuttle people from this parking area.  The weather can always affect the turn-out for this event. Discussion followed.

 

WAGE & SALARY ORDINANCE AMENDMENT:  B. Shanahan requested permission to hire a new Town employee.  Xane Moore has served as the Summer Wastewater Employee and would like to stay on as a full-time employee for the Town.  The position he would be filling is Service & Support.  He will work in all areas of the Town and with the Council’s approval will start as a full-time employee next Monday at $14.00 per hour.  He is a good worker, everyone has been impressed with him.  I would be happy to see him come on board and he wants to work for us.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to hire Xane Moore as a full-time Service and Support Employee for the Town of Shipshewana effective Monday, July 30th.   J.M. Wilcher seconded the motion.  Motion carried.

 

President E. Mast introduced AN ORDINANCE AMENDING WAGE AND SALARY ORDINANCE NO. II-F-1-d(2) FOR TOWN EMPLOYEES FOR THE CALENDAR YEAR 2018.  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 “II-F-1-d(561)” 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 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 “II-F-1-d(561)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(561)” 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, J. Mike Wilcher, C. Arlene Lazzaro, Tad T. Hite, Elmer J. Mast.

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

 

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

 

POLICE DEPARTMENT REPORT:  T. Fitch II reported that dog handler training begins on August 27th.  Corporal N. Byroad and I went to Pennsylvania to look at some dogs this week.  This was the best group of dogs that I have ever seen.  We have found a dog that we would like to purchase, Yogi a Male German Shepherd who is about a year old.  In your paperwork you will find paperwork from Shallow Creek Kennels, Inc. of Sharpsville, PA.  The cost of the dog is $8,000.00 and the additional $127.00 is for collars, a K-9 collar patch and reward ball.  Yogi is currently at the Allen County Sheriff’s Department.  There is an allowance in the Police Department Budget for a canine.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion approving the purchase of canine Yogi from Shallow Creek Kennels, Inc. of Sharpsville, PA in the amount of $8,000.00 plus $127.00 for collars, etc.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Fitch II reported that over the last two year the costs have been increasing for Reserve Car maintenance. These cars are shared among a number of officers, unlike the full-time officers who each have their own vehicle. Verizon offers a fleet manager tool that will track when the cars are out, patrol area, even a hard break on a turn.  This tool allows me to receive a notice on my phone if someone is driving inappropriately.  The cost for this service is $18.00 per month and I would like to add it to three Reserve Cars.  There is also a one-time fee of $140.00 per car for a harness.  If someone is driving inappropriately I want to know who it is and be able to handle it.  Discussion followed.

 

MOTION:  T. Hite made a motion authorizing the Town Marshal to have Verizon place a Fleet Manager Tool Management System on three Reserve Cars at $18.00 per month and the one-time harness fee of $140.00 per car.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Fitch II reported that while he and N. Byroad were getting things set-up for the dog K. Neidemire will drop down to help with coverage. T. Fitch II further reported that we have two officers going through the school resource officer program and they will be working at Westview High School this fall. Discussion followed.

 

TOWN MANAGER REPORT:  B. Shanahan reported that due to the roadwork we have had to put in some new Stop Signs and we should have an Ordinance for those signs by the next Council meeting.  T. Fitch II reported that an Ordinance is necessary from an enforcement standpoint.

  1. Mast asked for any corrections or additions to the July 10, 2018 Executive Session Memoranda, or the June 28, 2018 and July 12, 2018 Council meeting minutes. Discussion followed.

 

MOTION:  T. Hite made a motion to approve the July 10, 2018 Executive Session Memoranda and the June 28, 2018 and July 12, 2018 Town Council meeting minutes as presented.  C.A. Lazzaro seconded the motion.  Motion carried.

 

ATTORNEY REPORT:  K. Bachman reported that the Town has received an Unemployment Claim and typically the Town would respond and object.  In this case my recommendation is that the Town waive the opportunity to object.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion that the Town waive any opportunity to object to the most recent Unemployment Claim received by the Town.  T. Hite seconded the motion.  Motion carried.

 

  1. Mast asked Council Members if they had anything further to bring before the Council.

 

  1. Hite reported that we need to move the Town Website Hosting to an online manager, Go-Daddy, which will result in a reoccurring fee on the Town Credit Card. This is a cost saving move as other companies have quoted $300.00 to $500.00 annually for this service and it will run under $200.00 per year with Go-Daddy. R. Downey requested a motion approving a monthly fee on the Town Credit Card.  Discussion followed.

 

MOTION:  L. Bontrager made a motion approving the re-occurring fee on the Town Credit Card from Go-Daddy for the Town Website Hosting.  C.A. Lazzaro seconded the motion.  Motion carried.

 

C.A. Lazzaro expressed concern regarding the dirt that is being left behind on Berkshire Drive from the Town Street Sweeper.  L. Bontrager pointed out that the dirt that was by the curb is now just out in the street.  Discussion followed.  T. Hite asked what happened to the group of young people who made a presentation to come in and sweep the business district.  B. Shanahan reported they are still trying to raise money for a street sweeper.  Discussion followed.

 

FINANCIAL REPORT:  R. Downey reminded Council Members that the Town Council Budget Workshop is scheduled for 3 p.m. on August 2nd and it is open to the public.   My meeting with the DLGF regarding the 2019 Budget is scheduled for 8:30 a.m. on Monday August 14th, after that the Budget will be advertised on Gateway and we will hold our Public Hearing at 6:00 p.m. on September 13th with the 2019 Budget Adoption at our September 27th Council Meeting.  We do have a Public Hearing scheduled for August 9th at 6:00 p.m. for our proposed 5% Sewer rate increase.  The notice has been placed in the paper and notice has been mailed to the customers that we serve that are outside of the Town limits.  R. Downey reported that there are more adjustments on the Adjustment Journal this time because the wrong button was pushed for the calculation of Summer Sewer Rates which are given during the usage months of June, July and August which is reflected in the July, August and September billing.  We have 99 customers on Summer Sewer Rates.  We only had two customers with adjustments over $50.00 and one over $100.00 the rest of the adjustments were under $10.00.  Discussion followed.  R. Downey requested a motion to approve the Claims Register and Adjustment Journals.

 

MOTION:  T. Hite made a motion to approve 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 E. Mast asked for a motion to adjourn.

 

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

 

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