December 27, 2018 Council Meeting Minutes

SHIPSHEWANA TOWN COUNCIL

DECEMBER 27, 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, Casey Erwin, Chad L. Miller, Ruth Ann Downey.  Public; George Bachman, Lyle Miller, Bill Connelly, Zachary Stoltzfus.

 

Council President, E. Mast noted that all Council Members were present, welcomed everyone and asked that they sign in.  Agendas were available.

 

INVOCATION & PLEDGE:  C.A. Lazzaro gave the invocation and T. Hite led the pledge.

 

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

 

AWARD & SIGN CONTRACTS – PUBLIC RESTROOMS & SR5 SOUTH INFRASTRUCTURE IMPROVEMENTS: 

Town Manager, B. Shanahan reported that bids for both projects were opened at a Special Council meeting last week.  The SR 5 Project includes a water line, lift station relocation and sidewalks from Berkshire Drive going south to US 20.  C. Erwin of DLZ Engineering reported that five bids were received for the SR5 South Infrastructure Improvement Project and referred Council Members to their paperwork for the bid tabulation report.  The low bid came in lower than our Engineering estimate.  The bids have been reviewed and we recommend that the Council consider moving forward with the lowest most responsive and responsible bidder API Construction of Laotto, IN in the amount of $798,622.50.  First the Council has to accept the bids for the SR 5 Infrastructure Project and next a Notice of Award to API Construction for the project should be considered and if approved signed by the Council.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to accept the bids for the SR 5 Infrastructure Project.  T. Hite seconded the motion.  Motion carried.

 

MOTION:  T. Hite made a motion to approve and sign the Notice of Award to API Construction in the amount of $798,622.50 for the SR 5 Infrastructure Improvement Project.  C.A. Lazzaro seconded the motion.  Motion carried.

 

  1. Erwin pointed out that the Council may want to consider authorizing signature of the Contract outside of a Council meeting. Discussion followed.

 

  1. Erwin reported that three bids were received at the December 21st Special Council meeting for the Public Restroom project and referred Council Members to their paperwork for the bid tabulation. The low bid was The Robert Henry Corporation of South Bend, IN in the amount of $544,500.00. The low bid came in higher than the Engineering estimate for this project.  You have three Options regarding these bids:  #1 Receive the bids, reject the bids tonight and table the project.  #2 Receive the bids and take them under advisement for 60 days.  #3 Receive the bids and Award the project.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to receive the bids for the Public Restroom Project and taken the bids under advisement for sixty (60) days.  T. Hite seconded the motion.  Motion carried.

 

  1. Mast asked C. Erwin if he had anything further to bring before the Council. C. Erwin reported that Pay Request #3 from Rieth-Riley has been submitted to the Town for payment. The majority of the work is done on the SR 5/Farver Street project.  Only a few items remain, and we are holding retainage in the amount of $32,028.44 for this project.  A Work Allowance Authorization request #2 has also been submitted for this project for your consideration and approval.  This does not increase or decrease the contract amount and is for the installation of a straw blanket to help with erosion control along the ditch on the east side in the amount of $1,790.00.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve Pay Request #3 in the amount of $203,348.80 payable to Rieth-Riley for the SR 5 Farver Street project, to approve Work Allowance Authorization #2 for this project in the amount of $1,790.00 and to authorize the Council President to sign the same.  C.A. Lazzaro seconded the motion.  Motion carried.

 

TURN-OUT GEAR PURCHASE – FIRE DEPARTMENT:  Fire Chief, C. Miller reported that turn-out gear is only good for 10 years, then it expires, and we have three sets of gear that expire at the end of this year.  We are trying to maintain a rotation where we purchase 3 to 4 set of new gear each year and a price increase is expected in 2019.  A quote in the amount of $8,386.90 from Hoosier Fire Equipment, Inc. of Valparaiso, IN was submitted to the Council for their consideration.  R. Downey reported there is not enough appropriated money left in the Fire Fund for this purchase.  In the  2018 Budget $17,500.00 had been allowed for Fire Truck Repair, to date 36,843.56 has been spent in Fire Truck Repair which means money has been moved from other appropriations within the Fire Fund to cover these expenses.  To make the requested purchase appropriations are available in the Town Cum Fire Fund and will have to be paid from there.  Discussion followed.  C. Miller reported that they currently have 23 fire-fighters.

 

MOTION:  C.A. Lazzaro made a motion to approve the purchase of 3 sets of turn-out-gear for the Fire Department from Hoosier Fire Equipment, Inc. in the amount of $8,386.90 to be paid from the Town Cum Fire Fund.  T. Hite seconded the motion.  Motion carried.

 

2019 FINANCIAL ADVISOR AGREEMENTS:  R. Downey referred Council Members to their paperwork and reported that the Town has received a number of agreements from Financial Solutions Group for services to be provided in 2019.  Agreements are all a not to exceed amount and are as follows:  TIF Annual Report $6,000.00; 2019 Continuing Disclosure Filings $1,000.00 – $2,000.00;  Sustainability Analysis $7,500.00; Water Rate Review $3,000.00; Wastewater Rate Review $3,000.00; and Storm Water Rate Review $1,500.00.  R. Downey reported that we have worked with Financial Solutions Group for a number of years and they have helped us keep on track and in compliance.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the Agreements as submitted by Financial Solutions Group for services to be preformed in 2019 for the TIF Annual Report, the 2019 Continuing Disclosures Filings, Sustainability Analysis, Water, Wastewater and Storm Water Rate Reviews, and authorized the Council President to sign the same.  C.A. Lazzaro seconded the motion.  Motion carried.

 

2019 ENGINEERING AGREEMENT:  R. Downey referred Council Members to their paperwork for the 2019 Schedule of Rates for Engineering Service from DLZ.  C. Erwin of DLZ pointed out that the hourly rates reflect less than a 2% increase from our 2018 rates.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the 2019 Schedule of Rates for Engineering Services as submitted by DLZ and to sign the same.  T. Hite seconded the motion.  Motion carried.

 

APPROPRIATION TRANSFER ORDINANCE:  R. Downey reported that this Ordinance is just moving monies from one appropriation line item to another so that no appropriation is left in the negative.  Since this is the last Council meeting of the year this Ordinance further authorizes the Clerk-Treasurer to make further appropriation transfers if necessary, to assure that no appropriation is left in the negative at the end of this year.

 

President E. Mast introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL, MVH, STATE GRANT-COMMMUNITY CROSSINGS AND FIRE 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(569)” 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. Mike 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(569)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(569)” 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(569)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

RAINY-DAY FUND TRANSFER ORDINANCE:   R. Downey reported that this Ordinance will actually move money from the General Fund to the Rainy-Day Fund. The Town is allowed to transfer not more than 10% of the total adopted annual budget.  Currently the Rainy-Day Fund has a balance of $166,516.23 and  annually we appropriate money for Emergency Expenses in the Rainy-Day Fund.  Money from the Rainy-Day Fund can be used as matching funds for our Community Crossings Grants and other Town projects.  This Ordinance will transfer 10% of the 2018 General Fund Budget.  Discussion followed.

 

President E. Mast introduced AN ORDINANCE TRANSFERRING MONIES FROM THE GENERAL FUND TO THE RAINY-DAY FUND.  Council Member T. Hite 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(570)” 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. Mike 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(570)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion Carried.

 

“II-F-1-d(570)” 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, Lynn M. Bontrager, J. Mike Wilcher, 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 “II-F-1-d(570)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

2018 ENCUMBRANCES:  R. Downey referred Council Members to their paperwork for an Encumbrance request from the SR/5 Farver Street Improvement Project.  As C. Erwin reported earlier in the meeting the Town is still holding the retainage for this project along with the balance to finish the project for items not completed which brings the total amount to be encumbered to $82,370.00.  This project is being paid from the TIF Fund.  When money is encumbered into the new year the appropriation can only be used to pay for this specific project.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to approve the Encumbrance in the amount of $82,370.00 from the TIF Fund for the Farver Street/SR 5 Improvement Project as presented by the Clerk-Treasurer.  T. Hite seconded the motion.  Motion carried.

 

VACATION CARRY OVER REQUEST:  R. Downey referred Council Members to their paperwork for a Vacation Carry Over Request from Wastewater Superintendent Sean Neeley for 16 hours of his 2018 vacation time to be used in the first quarter of 2019 for Ice Fishing.  You also have a letter from Tom Fitch II for carrying over 4 vacation days for Brandon Hooley and 10 vacation days for himself, also to be used during the first quarter of 2019.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the Vacation Carry Over Requests as presented with two days being carried over by Wastewater Superintendent, Sean Neeley, four days being carried over by Deputy Marshal, Brandon Hooley and 10 days being carried over by Town Marshal, Tom M. Fitch II with all carry over vacation days being used during the first quarter of 2019.  T. Hite seconded the motion.  Motion carried.

 

2019 BOARD/COMMISSION APPOINTMENTS:  B. Shanahan referred Council Members to their paperwork for the 2019 Board/Commission Appointments and reported that he had contacted everyone being re-appointed and everyone has expressed a willingness to continue to serve.  J. Mike Wilcher has expressed interest in serving on the Storm Water Board if a position opens up on that Board in the future.  Discussion followed.

 

MOTION:  C. A. Lazzaro made a motion to approve the 2019 Board and Commission Appointments as submitted.   L. Bontrager seconded the motion.  Motion carried.

 

ELECTED OFFICIAL ANNUAL CERTIFICATIONS:  R. Downey referred Council Members to their paperwork and pointed out that each Council Member has to sign the Annual Certification and submit the certification to the Council President for signature.  In past years there have been two certification forms, but this year Kurt’s office has revised the certifications to just one form.  K. Bachman reported that these forms have to do with compliance with nepotism and conflict of interest statutes.  An elected official is not to hire or supervise relatives or have ownership in a company that the town contracts with.  The annual certification is required by statute.

 

MOTION:  C. A. Lazzaro made a motion to approve the Annual Certification of Elected Officials, and to sign and submit the forms to the Council President for signature.  T. Hite seconded the motion.  Motion carried.

 

SIXTH OFFICER EMPLOYMENT AGREEMENT:  K. Bachman reported based on conversations with the Town Marshal and Clerk-Treasurer that an offer of employment has been extended to Jacqueline Ross to be employed as a Deputy Marshal for the Town of Shipshewana subject to final approval of the 2019 Budget.  The Employment Agreement presented to J. Ross includes provisions for reimbursement to the Town if she should leave the Town’s Employment prior to January 3, 2022.  J. Ross has signed the agreement and we will need a motion to approve the agreement and authorize the Council President’s signature of the agreement with the understanding that her employment does not begin until the 2019 Town Budget has been approved.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the Employment Agreement for the Sixth Police Officer, J. Ross as submitted with the understanding that her employment does not begin until the Town has received final approval for the 2019 Budget.  T. Hite seconded the motion.  Motion carried.

 

COUNCIL MEMBER SERVICE AWARD PRESENTATION:  Council President, E. Mast presented Council Members L. Bontrager and J.M. Wilcher with Service Awards and a photo of the Town Council.  He thanked them for their service and the perspectives they have brought to the Council.  J. M. Wilcher thanked the Council for the award and noted that he had learned a lot over the last four years while serving on the Council.   L. Bontrager noted that she had gained a lot of experience, had fun, and learned a lot while serving on the Council.  K. Bachman reported that he has been working with Councils for a number of years and Shipshewana has diverse and unique challenges.  We have worked with other smaller communities, but you have an incredible uniqueness with many issues that we don’t see in larger communities.  Shipshewana stays on the cutting edge of things and over the years we have enjoyed working with the Town.  B. Shanahan pointed out that this community sees up to 2.2 million visitors annually.  Discussion followed.

 

FINANCIAL REPORT:  R. Downey reported that another notice had been received on December 26th  from the DLGF regarding the Town 1782 Notice which reduced the SW Bond Tax Rate from .0715 to .0712 so they continue to review the Budget and hopefully we will receive the Final Budget Order for 2019 soon.  You will find the November Fund Report in your paperwork.  Town Hall will be closed New Year’s Day and I want to wish everyone a Happy New Year.  A motion to approve the Claims Register, Adjustment Journals and November Bank Reconciliation would be appreciated.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to approve the Claims Register, Adjustment Journals and November Bank Reconciliation as presented.  L. Bontrager seconded the motion.  Motion carried.

 

TOWN MANAGER REPORT:  B. Shanahan reminded everyone that the Ice Sculpting Festival and Chili Cook-off will be held in Town this weekend.

 

  1. Mast asked G. Bachman if he had anything for the Council. G. Bachman pointed out that Local Government is the purest form of democracy. You are a small rural community and when serving on the Council sometimes it is hard to separate yourself and hold your place.  You have all done a good job for your community.  Discussion followed.

 

  1. Mast asked Council Members if they had any further business to come before the Council. There being no further business to come before the Council E. Mast requested a motion to adjourn.

 

MOTION:  C.A. Lazzaro made a motion to adjourn.  T. Hite seconded the motion.  Motion carried.

 

 

_______________________________________               _______________________________________

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

 

 

_______________________________________               _______________________________________

Mike Wilcher, Council Member                                                             C.A. Lazzaro, Council Member

 

 

_______________________________________               _______________________________________

Ruth Ann Downey, Clerk-Treasurer                                                       Tad T. Hite, Council Member

 

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