November 8, 2018 Town Council Meeting Minutes

SHIPSHEWANA TOWN COUNCIL

NOVEMBER 8, 2018  6:00 P.M.

WOLFE COMMUNITY BUILDING

345 N. MORTON STRTEET

SHIPSHEWANA, IN  46565

 

PRESENT:  Council; Elmer J. Mast, C. Arlene Lazzaro, Lynn M. Bontrager, Tad T. Hite.  ABSENT: Council; J. Mike Wilcher.  PRESENT:  Staff; Casey Erwin, Tony Manns, Robert W. Shanahan, Ruth Ann Downey.  Public; George Bachman, Bill Connelly, Kathryn Horsley, Philip D. Gerber, Cynthia Rhodes, Ronald Fennell Jr., Richard Foltz, Jerry Rice, Fred Hildebrand II, Sierra Stump, Wendy Shoudel, Matt Oxender, Robbie Miller, Jeff Osborn, Fred L. Taylor, Zac Stoltzfus, Peyton Schrock, Chris Anderson, Isaac Powe, Bailey Hostetler, Hannan Mast, Lauryn Riegsecker, Tami Osborn.

 

Council President E. Mast called the meeting to order, noted that Council Member J. Mike Wilcher was absent, all other Council Members were present.  E. Mast 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.

 

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

 

195 S. VAN BUREN STREET REZONE:  B. Shanahan referred everyone to a power point presentation that included a map of Lambright’s Addition and pointed out that T. Osborn is requesting a rezone for lots 26 & 27 of Lambright’s Addition.  This map shows Indiana Avenue as a platted street, but it is only 20’ wide not the normal size of 50’ to 60’ for a street.  B. Shanahan pointed out that there is currently a residential structure on the property and referred everyone to the current zoning map for that area.  B. Shanahan explained that T. Osborn is requesting that this property be changed from U-1 to B-1.  The Town Council will listen to the petitioner and to the residents here this evening.  The Council will then come to a conclusion and give a recommendation regarding the rezone to the County Plan Commission.  This recommendation is NOT binding, it is only a recommendation from the Council.  The final decision regarding the rezone is made by the County.  The County Plan Commission holds a public hearing and makes a recommendation to the County Commissioners.  The final rezoning decision is made at the County level.  No decision regarding the rezone will be made here this evening.  Discussion followed.

 

  1. Osborn presented her plans to the Town Council which included a rendering of the proposed building along with a site and first floor plan. T. Osborn explained that her husband has worked in Shipshewana for years and we have watched the Town grow. I have had a restaurant in Middlebury and would like to put a Bistro on the property at 195 S. Van Buren Street where we will serve specialty desserts and coffees.  I do not plan to live there, and the zoning request has changed to be from B-1 to a B-4.   I’m proposing a new 2,557 square foot building that will be closer to SR 5.  There will be a teaching room for both adult and children cooking classes.  This will be more like a European bakery and will not be in competition with the neighboring businesses.  We will follow all the Town and County rules.  I believe this will be a good addition to the Town.  The restaurant area will only seat 20 to 24 people.  We are hoping to pickup some of the foot traffic that you see along SR 5.  T. Hite asked about parking.  T. Osborn explained that parking is part of the site review and has not been finalized at this time.  E. Mast asked if there would be a border between the business and the residential area.  T. Osborn replied that currently there is a fence there, but I want to go with whatever the Plan Commission recommends.  B. Shanahan expressed concern about changing the rezone request from a B-1 to a B-4 with such short notice.  R. Miller, Planning & Zoning Administrator for the LaGrange County Plan Commission reported that there is sufficient time to get the zoning change included in the notice that goes to the paper.  Resident, J. Rice asked what the difference is between a B-1 and a B-4 zoning.  B. Shanahan responded that with a B-4 zoning there is no building size restriction, no set back requirements, and no dedicated parking required.  T. Osborn pointed out that there will only be 3 or 4 employees .  Discussion followed.  Resident, K. Horsley said she had talked to T. Osborn last week and at that time she said they planned on living in the house.  K. Horsley expressed concern regarding the parking and wondered if a hitching rail and bike racks would be required.  Resident, P. Gerber of 125 E. Curtis Street expressed concern about people walking across his vacant lot if a business is established at 195 S. Van Buren Street, and further expressed concerns about people parking on his property.  Resident, B. Hildebrand II  of 120 E. Curtis Street said he likes his quiet neighborhood, I will not be here on the 26th for the Public Hearing.  I don’t want this.  We have a quiet neighborhood and if a business goes in there will be more traffic in the neighborhood.  I want to see it stay how it is now.  F. Taylor of Shipshewana Lake said that his family has owned property in Town since the 40’s.  I have watched this Town grow and understand the resident’s concerns, but this house faces SR 5, the business won’t be open late at night.  It would be good for this area.  T. Osborn pointed out that planned business hours will be Tuesday through Saturday from 8 a.m. to 4 p.m.  J. Rice expressed concern about residential homes that have been torn down in the past and in their place parking lots were put in.  K. Horsley pointed out that it is no parking on both sides of Curtis Street.  Discussion followed regarding how plans have changed, and the parking has not been addressed.  B. Shanahan pointed out that if B-4 is approved not this owner but the next owner could build out to the edge of the property.  B. Shanahan reminded everyone that this meeting is only an opportunity for the Council to hear the petitioner and residents and to make a recommendation to the La Grange County Plan Commission regarding the rezone.  C.A. Lazzaro expressed concern about the request to change the rezone from a B-1 to a B-4.  T. Hite noted that he could see both sides.  L. Bontrager pointed out that all the other lots along SR 5 are zoned business and I don’t have a problem with zoning this property for business but expressed some concern regarding the B-4 zoning.  T. Hite agreed that he is not opposed to a business zoning for this property.   Council discussion followed.  B. Shanahan pointed out that tonight the issue is the rezone of the property, the site plan is for another meeting, the only question is do you want a business on those two lots.  Discussion followed.

 

MOTION:  T. Hite made a motion to send a negative recommendation to the County Plan Commission for the rezone request for lots 26 & 27 of Lambright’s Addition due to the last-minute change for the request from a B-1 to a B-4 zoning.  C.A. Lazzaro seconded the motion.  Motion carried.

 

ADVERTISEMENT FOR BIDS:  B. Shanahan referred Council Members to their paperwork for a packet of materials from DLZ dated November 8th regarding Project Updates & Action Items.  In this packet you will find an advertisement for bids for the SR 5 South Water Main Extension, Lift Station Upgrade and SR 5 Sidewalks along with an advertisement for bids for the Public Restrooms.  C. Erwin of DLZ reported that this evening we are seeking approval to advertise for bids so that bids can be opened in the week ending December 21st so that an award of contract can be made at the December 27th Town Council meeting.  The estimated cost for this project is $815,000.00 and will be paid from the Water, Sewer and TIF Funds.  The attached map for the proposed infrastructure improvements was review by the Town Council.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to move forward with the Advertisement for Bids for the South SR 5 Infrastructure Improvements which include the Water Main Extension, Sidewalks, and the Sanitary Lift Station reconstruction.  T. Hite seconded the motion.  Motion carried.

 

  1. Erwin reported that the second project we are seeking approval to move forward with is the Public Restrooms which will be located in the Town Park and double as Trail Head Restrooms for the Pumpkinvine Trail. We would like to advertise for bids so that bids can be opened in the week of December 21st with Award of Contract at the regular Council Meeting on December 27th.     The estimated cost for this project is $450,000+/-.   Council Members reviewed the Advertisement for Bids and proposed public restroom building plans.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to move forward with the Advertisement For Bids for the Public Restroom project.  T. Hite seconded the motion.  Motion carried.

 

RIETH-RILEY PAY REQUEST #1:  C. Erwin referred Council Members to their paperwork and reported that Rieth-Riley still has some items to complete but they have submitted pay Request #1 and #2 for the project along with Change Order #1 that is a reduction of the contract by $6,996.20 due to a change in the asphalt quantities which reduces the Contract Amount to $690,910.10.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve Pay Request #1 for Rieth-Riley Construction in the amount of $209,486.57, along with Change Order #1 a reduction of the contract in the amount of $6,996.20 bringing the Contract Price to $690,910.10, and to approve Pay Request #2 in the amount of $195,704.75 for the SR 5 Farver Street Lane Improvement project.  L. Bontrager seconded the motion.  Motion carried.

 

ENGINEER REPORT:  C. Erwin reported that we recently received preliminary notice that the Town of Shipshewana is the recipient of $900,000.00 from the 2018 (CCG) Community Crossings Grant Funds.  This will go toward the 1.5-million-dollar project to reconstruct E. Middlebury Street from SR5 to Talmadge Street and do S. Morton Street from Middlebury Street to the Flea Market.  This project will include replacement of the water main on E. Middlebury Street which is not covered by grant monies.  The next step will be to prepare bid documents for this project.   B. Shanahan noted that the CCG has been a great program for the town, the state pays for 75% of the eligible project and the Town only has to come up with 25% of the project cost, plus engineering fees.  Discussion followed.

 

MOTION:  T. Hite made a motion authorizing DLZ to prepare bid documents for the 2018 Community Crossings Grant E. Middlebury and Morton Street projects.  L. Bontrager seconded the motion.  Motion carried.

 

At 7:05 p.m. Westview High School Government Class students requested signatures from the Council Members so that they could leave the Council Meeting to go to the Westview School Board meeting.

 

  1. Erwin reported other projects and studies that we continue to work with include a Water Plant Expansion, review of the Wastewater Plant and collection system along with the SR 5 Sidewalk Project.

Discussion followed.

 

2018 EMPLOYEE BONUS APPROVAL:  B. Shanahan referred Council Members to their paperwork for the 2018 proposed bonuses for Town Employees and noted that the bonus amount has been pro-rated for those individuals who have not been with the Town for a full year.  R. Downey pointed out that the amount on the bonus list is the net amount that will be received by the Employee.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the 2018 Employee Bonuses as submitted.  L. Bontrager seconded the motion.  Motion carried.

 

APPROPRIATION TRANSFER ORDINANCE:  R. Downey reported that the Appropriation Transfer Ordinance was not ready for the Council’s consideration, but one will be prepared for the December 13, 2018 Council meeting.

 

HOLIDAY GIFT CERTIFICATE APPROVAL:  B. Shanahan referred Council Members to the 2018 Before Christmas Gift Certificate List.  R. Downey reported that this list includes Police Reserve Officers, the School Crossing Guard, and Custodian.  The Gift Certificates are issued by the Town of Shipshewana and can be used at any business within the Town’s corporation limits.   Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the 2018 Before Christmas Gift Certificate List as presented.  C.A. Lazzaro seconded the motion.  Motion carried.

 

2019 WAGE & SALARY ORDINANCE:  B. Shanahan reported that the proposed 2019 Wage & Salary Ordinance includes a 3% wage increase and longevity for most employees.  The annual employee evaluations have been completed and all standards have been met.   Discussion followed.

 

President E. Mast introduced AN ORDINANCE ESTABLISHING WAGES AND SALARIES FOR TOWN EMPLOYEES FOR THE CALENDAR YEAR 2018.  Council Member T. Hite 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 “II-F-1-d(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 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 be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(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:  Tad T. Hite,  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(2)”  having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

EMPLOYEE REVIEWS:  R. Downey reported that B. Shanahan had completed employee reviews in preparation for the 2019 Wage & Salary Ordinance approval, but we have two employees who have received positive employee reviews that are eligible for raises in 2018.  Both employees are eligible for a 50 cent per hour raise with their positive reviews.  Our Service and Support Employee Xane Moore has been with us on a full-time basis since July 30th  and his raise will be retroactive to November 1, 2018.  Receptionist/Utility Billing Clerk Sandra Mast has been with us since June 11, 2018 and her raise will be effective on November 11th.   Since these employees are still in their first year of employment with the Town, they do not receive the 3% wage increase or longevity.  The Receptionist/Billing Clerk will be eligible for another 50 cent an hour raise on her one-year anniversary and the Service & Support Employee will be eligible for another 50 cent an hour raise on  February 1st, 2019.   For both employees to receive their raises in 2018 I need a motion from the Town Council acknowledging their positive employee reviews.   Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve a 50 cent per hour raise for Service & Support Employee, Xane Moore effective retroactively to November 1, 2018 and to approve a 50 cent per hour raise for the Receptionist, Utility Billing Clerk Sandra Mast effective November 11, 2018 due to positive employee reviews.  T. Hite seconded the motion.  Motion carried.

 

EMPLOYEE HEALTH INSURANCE RENEWAL:  B. Shanahan referred Council Members to their paperwork for information regarding options presented for the Town Employee Health Insurance renewal, which is January 1st.  Darron Longenecker of Creative Benefit Solutions met with Administrative Assistant, C. Elliott and I on October 29th to review his finding for 2019.  We are currently with Anthem and their renewal to stay with the same plan reflects a 1.04% increase with a $200.00 increase in the deductible and a $200.00 increase in the out of pocket limit amounts.   PHP would be a 5.8% increase and United Healthcare a 9.7% increase.  If you turn to the back page of your packet the new rates reflect the 1.04% increase, so the overall bill will go from $7,869.26 per month to 7,951.11 per month.  The Town pays 85% of the premium cost and the employee pays 15%.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to continue with Anthem for health insurance for the Town Employees for the 2019 renewal and to keep the Town/Employee percentages the same at 85% for the Town and 15% for the employee.  L. Bontrager seconded the motion.  Motion carried.

 

2019 SHIPSHEWANA FIRE SERVICE AGREEMENT:  B. Shanahan reported that a Special Town Council meeting had been held yesterday afternoon with the Newbury Township Trustee and the Fire Chief in attendance.  The purpose of the meeting was to discuss the 2019 Shipshewana Fire Service Agreement that was approved by the Council and sent to the Townships for their consideration and approval.  Newbury Township has requested that paragraph #10 be removed from the 2019 Fire Agreement which is regarding payment of Emergency Expenses.  We were proposing the same percentages for payment of emergency expenses as we have for the Fire Services and Newbury Township has asked that we just use the same wording as the 2018 Agreement that does not say who pays what portion of the emergency expenses.  Newbury Township is still willing to participate in the payment of emergency expenses, but consideration will be given on a case by case basis and a determination will be made as to how much they pay.   The agreement for your consideration this evening is the same as the 2018 Fire Service Agreement with the exception of percentage changes for Fire Services where the Town portion went up and the Township portions were held to the 3% growth factor.  The Town portion went up due to the increase of the Fire Budget that was submitted and approved for 2019.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the Revised 2019 Fire Service Agreement which removes the paragraph regarding percentages for Emergency Expenses.  T. Hite seconded the motion.  Motion carried.

 

TOWN MANAGER REPORT:  B. Shanahan reported that the Storm Water Board had met and approved the installation of two dry wells to resolve some standing water issues.  API has given a not to exceed quote of $2,000.00 per well.  One dry well will be installed in the alleyway behind the house at 320 W. Middlebury Street and the second dry well will be installed at the south east corner of Wolfe Drive.   Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the installation of two dry wells by API Construction at a total cost not to exceed $4,000.00.  One is to be installed at the south east corner of Wolfe Drive and one in the alley behind the home at 320 W. Middlebury Street with payment for the dry wells coming from the Storm Water Improvement Fund.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Shanahan referred Council Members to their paperwork for two quotes for blower replacement at the WWTP Digester. One quote is from CEM Supply and the other is from USA Blue Book. The Town has worked with both companies.  Sean Neeley, WWTP Superintendent has submitted quotes for quiet blowers and regular blowers that give off more noise.  My recommendation is that you approve a quiet blower for the digester from USA Blue Book in the amount of $2,379.75 which includes freight.  The quote from CEM came in at $2,458.00.  These blowers run 24 hours a day 7 days a week and are essential to the  sewer plant’s operation.  You also have a quote from CEM for a lift station pump replacement on Tuscany Drive.  Once again lift stations are essential and we only have one quote because we are working to make our lift station pumps uniform so that we don’t have to have so many spare pumps.  The quote for the lift station pump from CEM Supply is in the amount of $7,570.35.  Discussion followed.

 

MOTION:  T. Hite made a motion to approve the purchase of a quiet blower for the digester at the WWTP from USA Blue Book in the amount of $2,379.75 and to purchase a lift station pump for Tuscany Drive in the amount of $7,570.35 from CEM Supply with both purchases being paid from the Sewer Improvement/Replacement Fund.  C.A. Lazzaro seconded the motion.  Motion carried.

 

  1. Shanahan referred Council Members to their paperwork for the proposed 2019 Holiday Schedule and pointed out that he is requesting that Veterans Day be added to the Holiday Schedule. Veterans Day has not been part of the Town Holiday Schedule in the past. Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the 2019 Holiday Schedule as presented which includes the addition of Veterans Day as a Town Holiday.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Shanahan reported that we have a signed agreement from the SRMA regarding No Throwing Candy at the Light Parade and we have received approval from INDOT for the closure of SR 5 from 4 – 9 p.m. for the parade. Preparations are in place for the Light Parade to move forward. Discussion followed.

 

  1. Mast asked for approval of the October 25th regular Council Meeting Minutes along with the October 25th Executive Session Memoranda. Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the October 25, 2018 Town Council minutes and the October 25, 2018 Executive Session Memorandum as presented.  T. Hite seconded the motion.  Motion carried.

 

FINANCIAL REPORT:  R. Downey reminded everyone that there is no regularly scheduled second meeting in November due to the Thanksgiving Holiday and requested approval of the Claims Register, there are no adjustment journals.  Discussion followed.

MOTION:  T. Hite made a motion to approve the Claims Register as presented.  L. Bontrager seconded the motion.  Motion carried.

 

COUNTY COUNCIL REPORT:  G. Bachman reported that he had checked into the possibility of widening the intersection on CR 075 between old US 20 but there are right-of-way issues that would have to be addressed before it can be widened.  Discussion followed.

 

  1. Mast asked if there was any further business to come before the Council. There being no further business E. Mast asked for a motion to adjourn.

 

MOTION:  C.A. Lazzaro made a motion to adjourn.  L. Bontrager seconded the motion.  Motion carried.

 

 

________________________________________               ______________________________________

Elmer J. Mast, Council President                                                                Lynn M. Bontrager, Council Vice-President

 

 

________________________________________                ______________________________________

Tad T. Hite, Council Member                                                                       C. Arlene Lazzaro, Council Member

 

 

________________________________________

Ruth Ann Downey, Clerk-Treasurer

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