August 9, 2018 Council Meeting Minutes

SHIPSHEWANA TOWN COUNCIL

AUGUST 9, 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, Lynn M. Bontrager.  Staff; Robert W. Shanahan, Kurt R. Bachman, Gregory T. Guerrettaz, Tom M. Fitch II, Ruth Ann Downey.  Public; Guy Thompson, Marvin Yoder, Christine A. Yoder.  ABSENT:  Council; Tad T. Hite, J. Mike Wilcher.

 

Council President E. Mast called the meeting to order, noted that Council Members T. Hite and J.M. Wilcher were absent, welcomed everyone and asked that they sign in.  Agendas were available.

 

INVOCATION & PLEDGE:  C.A. Lazzaro gave the invocation and L. Bontrager led the pledge.

 

PUBLIC HEARING SEWER RATE INCREASE

Council President E. Mast officially opened the Public Hearing portion of the meeting and asked Financial Consultant G. Guerrettaz to report on the proposed Sewer Rate increase.  G. Guerrettaz of Financial Solutions Group, Inc.  referred Council Members to the June 20, 2018 Wastewater Utility Rate Review and reported that there is no increase in either the Water or Storm Water Utilities at this time.  We do an annual review of all the Town Utilities to achieve a minimum increase on a rotational basis, so you do not have to face an increase of 40% like I have seen happen around the state.  G. Guerrettaz referred Council Members to page 3 of the Rate Review and pointed out that we have had good growth in our revenue, but our expenses have also increased.  G. Guerrettaz referred Council Members to page 15 for the 2017 ending balance of 1,050,436.00 in the Wastewater Improvement Replacement Fund and pointed out that any replacement of lines or plant expansion will run two to three million or more.  He then referred Council Members to page 23 of the report for the cost to upgrade one lift station this year which is  expected to be $219,376.00.  Currently the Wastewater Utility has no outstanding bonds.   Based on future needs, we believe that you should raise sewer rates by 5%.   E. Mast asked for input from the public.  C. Yoder expressed appreciation for minimal rate increases such as 5% for her utility bill.  G. Guerrettaz reported that for a residential user that uses 4,000 gallons the sewer/wastewater portion of their bill will go from $27.90 to$29.30.  The state uses 4,000 gallons as an average usage and considers $65.00 to be a high bill for that usage.  M. Yoder asked when he would see the increase on his bill.  R. Downey reported that the increase will be effective September first and will be seen on the October Utility bill.  E. Mast asked if there was any further input from the public regarding the sewer rate increase.  There being no further input E. Mast closed the Public Hearing portion of the meeting and resumed the regular Council meeting.

 

MOTION:  L. Bontrager made a motion to accept the agenda with flexibility.  C.A. Lazzaro seconded the motion.  Motion carried.

 

FIRE TRUCK LEASE AGREEMENT (RESOLUTION):  K. Bachman reported that the lease paperwork is in order and ready for signature.  A Resolution has been prepared which allows the Council to move forward with the Fire Truck Lease Agreement with U.S. Bancorp.  Discussion followed.

 

President E. Mast introduced A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SHIPSHEWANA AUTHORIZING THE EXECUTION AND DELIVERY OF AN ADDENDUM  TO THE MASTER TAX-EMEMPT LEASE/PURCHASE AGREEMENT DATED AS OF SEPTEMBER 1, 2016 WITH U.S. BANCORP GOVERNMENT LEASING AND FINANCE, INC., AS LESSOR, AND A SEPARATE PROPERTY SCHEDULE NO. 2 THERETO FOR THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT WITHIN THE TERMS HEREIN PROVIDED; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION.  Council Member C.A. Lazzaro 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-1-d(562)” 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 C.A. Lazzaro, 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(562)” at this meeting be suspended and that said Resolution be placed on its final passage.  Motion carried.

 

“II-F-1-d(562)” 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:  C. Arlene Lazzaro, Lynn M. Bontrager, 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(562)” having been passed after unanimous suspension of the rules, the President thereupon declared said Resolution to have duly passed and adopted.

 

COMMUNITY CROSSINGS GRANT UPDATE:  B. Shanahan reported that the street work is completed along with the street painting.  We do have three areas where there is standing water that need to be repaired, these repairs should be done within the next two weeks.  We had a Ribbon Cutting Ceremony last week with the Harrison Street merchants.  Overall, I am happy with the project and things look great.  C.A. Lazzaro asked if the “No Buggy Traffic” signs had been removed.  B. Shanahan reported that they have been removed.  Discussion followed.

 

SOUTH SIREN UPDATE:  B. Shanahan reported that the South Siren is up and working.   I was at the car auction last Saturday, so I did not hear it myself, but the problem has been resolved.  Discussion followed.   C.A. Lazzaro asked if the siren must go off for three minutes.  B. Shanahan reported the three minutes is not an option, but we may be able to work out another day besides Saturdays.  Discussion followed.

 

SEWER RATE ORDINANCE:  R. Downey reported that consideration of the Sewer Rate Ordinance is a follow up to the Public Hearing held earlier this evening.

 

President E. Mast introduced AN ORDINANCE AMENDING THE TOWN CODE PROVIDING FOR A SEWER FEE INCREASE AND REVISING RELATED PROCEDURES.  Council Member L. Bontrager made a motion, seconded by Council Member C.A. Lazzaro, 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 “VI-B-2-a(24)” 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 C.A. Lazzaro, 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 “VI-B-2-a(24)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“VI-B-2-a(24)” 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, C. Arlene Lazzaro, Elmer J. Mast.

NAYS:  – 0 –

 

There being present at said meeting at least two-thirds of the members elect of the Town Council and “VI-B-2-a(24)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

ORDINANCE REDUCING APPROPRIATIONS – CCD FUND:  R. Downey reported that this Ordinance goes along with the 2019 Budget.  G. Guerrettaz pointed out that it allows you to use money that was not used this year, next year; for example, for your Salt Barn.

 

President E. Mast introduced AN ORDINANCE REDUCING APPROPRIATIONS IN THE CUM CAPITAL DEVELOPMENT FUND FOR THE CALENDAR YEAR 2018.  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 “II-F-1-d(563)” 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 C.A. Lazzaro, 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(563)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(563)” 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.

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

 

2019 FIRE AGREEMENT:  R. Downey referred Council Members to their paperwork for the proposed 2019 Shipshewana Fire Service Agreement.  This agreement will be presented to Newbury Township and Van Buren Township for their approval before the agreement is signed by the Town Council.  This evening I am asking for the Council’s approval of this agreement so that it can be sent on to the Townships for their consideration.  It has been pointed out to me that there are a couple of date corrections that need to be made before sending the agreement to the Townships, it still says 2018 where it should say 2019.  Those typo’s will be corrected before the agreement is sent to the Townships.  As the Council is aware the Fire Department Budget requested is greater than the 3.4% expected growth factor that has been provided to us by the state.  The Township portion of the agreement has only been increased by the 3.4% growth factor and the Town will have to pick up the difference.  This does change the percentages that have been paid in both the 2017 and 2018 Fire Agreements by increasing the Town percentage and decreasing the Township percentages.   Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the 2019 Shipshewana Fire Service Agreement as presented subject to the date error corrections and authorized the Clerk-Treasurer to send the Fire Service Agreement on to the Townships for their consideration.  L. Bontrager seconded the motion.  Motion carried.

 

HUDSON AUCTION UPDATE:  B. Shanahan reported that the Car Auction was a success, all the cars were sold.  We have not received a final accounting of the sale from Worldwide Auctioneer’s, but I will let you know when we do.  R. Downey reminded everyone that the proceeds from the sale will go to the Shipshewana Car Museum, Inc.   Discussion followed.

 

FARVER STREET/SR 5 REVIEW AND CONTRACT APPROVAL:  B. Shanahan referred Council Members to a power point presentation that showed the road construction area along with the new sidewalks and reported that a meeting had been held with INDOT, Town Officials, and the Amish Safety Committee to come up with what everyone felt would be the safest solution for this intersection.  There will be a cross walk with a press button and sidewalks on the west side of SR 5 out to the cross walk.  It will be better than what we have now.  We had a pre-construction meeting with Rieth-Riley Construction and agreed that it is best to close Farver Street for one week to allow for the construction.  Farver Street will be open to local traffic only during that week.  They will do Farver Street first and the project will be done by November 31st.  C.A. Lazzaro asked if the date for the Farver Street closure has been set.  B. Shanahan reported that date has not been determined yet.  Discussion followed.

 

  1. Downey reported that the Town has received the signed Contract/Agreement Form from Rieth Riley Construction Company, Inc. for the SR5/Farver Street project in the amount of $697,906.30, along with their Performance Bond and Certificate of Liability insurance. The Town also received acknowledgement from the DLGF today for the additional appropriation request of $800,000.00 from our TIF Fund for this project. The Council will need to approve and sign the Contract/Agreement Form for this project.

 

MOTION:  L. Bontrager made a motion to approve and sign the Contract/Agreement Form for the SR/5 Farver Street project to be done by Rieth-Riley Construction Company, Inc. for $697,906.30.  C.A. Lazzaro seconded the motion.  Motion carried.

 

REZONING RECOMMENDATION – JAYCO:  B. Shanahan requested that the Jayco Rezoning Recommendation be tabled until the next Council Meeting.  E. Mast tabled the Jayco Rezoning Recommendation.

 

POLICE DEPARTMENT REPORT:  T. Fitch II asked Council Members to go back to the SR 5/Farver Street construction project and pointed out the importance of signage for the area and expressed concern regarding accidents.  B. Shanahan pointed out that INDOT will dictate signage for that intersection.  T. Fitch II reminded everyone that buggies like to cut through traffic by using a turn lane the same way that cars like to use the buggy lane to cut through traffic.  I cannot express the importance of using the proper lanes at this intersection to help discourage traffic accidents.  Discussion followed.

 

  1. Fitch II reported that it is time to update our duty weapons, we have some night sights that are dying. Our last weapon update before this was 11 years ago, now we are at 8 years. We can purchase new weapons out right or they have trade in programs where we can get a new weapon for $150.00/each.  There are two companies that participate in the trade in program.  Buds Police Supply of Lexington, KY and Vance’s Law Enforcement of Columbus, OH.  Both companies have quoted a Smith & Wesson MP9 pistol with night sights.  Vance’s quote is for 16 guns at $360.00 per gun for a total price of $5,760.00 giving us a trade in value of $2,730.00 for our current guns reducing the total price to $3,030.00.  Buds Police Supply has quoted 16 guns at $399.00 each for a total cost of $6,384.00 with a $3,000.00 allowance for our trade in bringing the cost to $3,384.00.  We have worked with both companies in the past and Vance’s is the low quote.  I have talked to R. Downey and by moving money in the Police Department Appropriations we have money in our budget for this purchase.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion approving the quote from Vance’s Law Enforcement in the amount of $3,030.00 to upgrade the Police Department guns.  L. Bontrager seconded the motion.  Motion carried.

 

C.A. Lazzaro asked if any Shipshewana Officer has had to pull and fire their weapon.  T. Fitch II reported that we have had to put down animals and pull our guns on criminals but have never had to shoot a criminal.  In my 24 years of law enforcement I have not had to shoot anyone, but you want and need your gun to work when you need it.  We do clean and train with our weapons.  E. Mast pointed out that the department has tasers as well.  T. Fitch II reported that we do use other options first such as our tasers, pepper spray and batons, lethal force is only used after all other efforts have been exhausted.  Next year we will need to replace our tasers.  Discussion followed.

 

  1. Fitch II referred Council Members to their paperwork for a second quote for 12 new backup guns and reported that in the past we have provided backup guns for our 4 full time officers , now we have 5 full time officers. Most of our reserve officers carry their own backup weapons. From a liability standpoint it would be better for them to carry a department issued backup gun.  The quotes before you are from the same two companies as before for a small Smith & Wesson weapon.  To pay for these guns we will take the majority of the cost out of our Police Budget with the remainder coming out of the police gift fund.  Bud’s Police Supply has quoted $350.00/each for a total cost of $4,200.00 and Vance’s Law Enforcement has quoted $269.00 each for a total cost of $3,228.00.  R. Downey reported that $366.00 will have to come out of the Police Gift Fund.    Discussion followed.

 

MOTION:  L. Bontrager made a motion to purchase 12 Smith & Wesson back up weapons for the Police Department at a cost of $269.00 each for a total cost of $3,228.00 from Vance’s Law Enforcement with most of the cost coming from the Police Department Budget and the remainder being paid from the Police Gift Fund.  C.A. Lazzaro seconded the motion.  Motion carried.

 

ATTORNEY REPORT:  K. Bachman had nothing further.

 

  1. Mast asked Council Members if they had anything further to report. C.A. Lazzaro referred Council Members to a Thank You note from past Town Manager, Mike Sutter. Council Member’s had nothing further.

 

FINANCIAL REPORT:  R. Downey requested approval for an Appropriation Transfer Ordinance and reported that this Ordinance includes moving money for the gun purchase for the Police Department.

 

ORDINANCE:  President E. Mast introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL, TIF, PARK AND SPECIAL DISTRIBUTION LOIT FUNDS.  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 “II-F-1-d(564)” 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 C.A. Lazzaro, 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(564)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(564)” 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. A. Lazzaro, Lynn M. Bontrager, 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(564)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

FINANCIAL REPORT CONTINUED:  R. Downey reported that in addition to acknowledgement from the DLGF regarding the TIF expenditures on the SR 5/Farver Street project we also received approval of the $30,000.00 additional appropriation request in the General Fund for Health Insurance expenses to help cover the HSA contributions.  In your paperwork you have the 2018 Budget Calendar.  The Budget Workshop for the DLGF will be held on August 14th at 8:30 a.m., paperwork will be submitted on Gateway for our Budget Advertisement no later than August 27th and our Public Hearing will  be held on September 13th at 6:00 p.m. and the Budget Adoption will be held on September 27th, both are regular Council meetings.  There are no Adjustment Journals a motion to approve the Claims Register would be appreciated.

 

MOTION:  C.A. Lazzaro made a motion to approve the Claims Register as submitted.  L. Bontrager seconded the motion.  Motion carried.

 

TOWN MANAGER REPORT:  B. Shanahan reminded Council Members of his upcoming trip to England and pointed out that he will be gone for two weeks.

 

  1. Mast asked C. Yoder if she had anything further. C. Yoder reported that the LaGrange County Relay for Life raised $82,000.00 this year and the program as a whole raised over one million dollars for cancer research and awareness. C. Yoder encouraged Council Members and thanked them for their service noting that social media can be cruel.  Keep doing what is right with integrity.  E. Mast thanked C. Yoder.

 

  1. Mast asked for a motion to approve the July 26th Executive Session Memoranda and the August 2, 2018 Council Budget Workshop minutes.

 

MOTION:  C.A. Lazzaro made a motion to approve the July 26th Executive Session Memoranda and the August 2nd Town Council Budget Workshop Minutes as presented.  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:  L. Bontrager made a motion to adjourn.  C.A. Lazzaro seconded the motion.  Motion carried.

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