TOWN COUNCIL MEETING
NOVEMBER 12, 2015 6:00 P.M.
SHIPSHEWANA TOWN HALL
345 N MORTON STREET
SHIPSHEWANA, IN 46565

PRESENT: Council; Roger D. Yoder, C. Arlene Lazzaro, Elmer J. Mast, Lynn M. Bontrager, J. Mike Wilcher. Staff; Mike Sutter, Tom Fitch II, Kurt R. Bachman, Chad Miller, Ruth Ann Downey. Public; Marvin Yoder, Thomas Jefferies, Natalie Whiteman, Matthew Gingerich, Lavern Bontrager, Korey Haney, Sierra Weaver, Maria McCoy, Jake Miller, Lyndon Frey, Guy Thompson, Monica Weaver, Hollie Klein, Courtney Krahn, Jaid Rex, Alexis Hochstetler, Kahlyn Pettit, Nicholas Yoder, Benson Stoltzfus.

Council President, R. Yoder 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: C.A. Lazzaro gave the invocation and J.M. Wilcher led the pledge.

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

FIRE DEPARTMENT REPORT: Fire Chief, C. Miller reported that signed Fire Agreements for 2016 have been received from both Newbury and Van Buren Townships. Beginning in 2016 we will no longer bill for fire runs. The only fire runs we will bill for are illegal burns and excessive fire alarms. Everyone, the Township Trustees, and the Advisory Boards have all been great to work with. Discussion followed.

2016 FIRE SERVICE AGREEMENT: R. Yoder requested a motion to sign the 2016 Fire Service Agreement.

MOTION: J.M. Wilcher made a motion to sign the 2016 Shipshewana Fire Service Agreement between the Town of Shipshewana, Newbury and Van Buren Townships as presented. C.A. Lazzaro seconded the motion. Motion carried.

R. Yoder asked C. Miller about the Fire Department Election results and how the equipment was running.

C. Miller reported that all the officers remain the same, Lyle Wingard is the Assistant Chief and the Captains remain the same. We have been having trouble keeping the pumps on Engine #21 primed. The last pump test should have revealed that we had an issue. Hoosier Fire has confirmed that 10 valves need repair and they have submitted an estimated cost for the repairs of $4,435.25. It is my understanding that an additional appropriation can be done to cover the cost of these repairs. Hoosier Fire has to order the parts before the repairs can be made. The rest of the equipment seems to be ok. Discussion followed.

MOTION: E. Mast made a motion to approve the necessary pump repairs on Engine #21 to be done by Hoosier Fire Equipment at an estimated cost of $4,435.25 subject to appropriations for the same. L. Bontrager seconded the motion. Motion carried.

C. Miller reported that it was his understanding that we are ready to schedule a closing for the 1.6 acre property purchase for the Fire Department.
K. Bachman reported that the title search for the property has been completed and money is available for the purchase from the Fire Gift Fund. The purchase price of the 1.6 acre parcel adjacent to the current Fire Station property is $20,000.00 plus closing cost. The crops have been removed so legally we are ready to move forward with the closing. C. Miller reported that the hope is to build a training facility on the land with a 30’tower where we can train and help show school children how to safely exit a smoke filled building. Discussion followed.

MOTION: C.A. Lazzaro made a motion to proceed with the closing for the Fire Station property for the purchase of an additional 1.601 acres of property adjacent to the current Fire Station for $20,000 plus closing cost and authorized the Council President and Clerk-Treasurer to sign paperwork as necessary. J.M. Wilcher seconded the motion. Motion carried.

K. Bachman reported that the payment will have to be made via wire transfer and recommended that a motion be made authorizing the Clerk-Treasurer to make the necessary transfer so the closing can move forward once the date has been set.

MOTION: E. Mast made a motion authorizing the Clerk-Treasurer to make the wire transfer for the Fire Station property purchase in the amount of $20,000.00 plus closing cost, when necessary. L. Bontrager seconded the motion. Motion carried.

TREE ORDINANCE AMENDMENT: M. Sutter reported that the Tree Ordinance had been reviewed a number of times. The Amended Tree Ordinance removed the tree board and shifts the responsibility to the Town Council. Discussion followed.

President R. Yoder introduced AN ORDINANCE AMENDING, SUPERSEDING, AND REPLACING ORDINANCE NO IV-D-1-a(5) ESTABLISHING RULES AND REGULATIONS FOR THE PLANTING AND MAINTENANCE OF TREES WITHIN THE TOWN OF SHIPSHEWANA, INDIANA. 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 “IV-D-1-a(9)” 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 “IV-D-1-a(9)” at this meeting, be suspended and that said Ordinance be placed on its final passage. Motion carried.

“IV-D-1-a(9)” 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, Elmer J. Mast, C. Arlene Lazzaro, Roger D. Yoder.
NAYS: – 0 –

There being present at said meeting at least two-thirds of the members elect of the Town Council and
“IV-D-1-a(9)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

TIRE PURCHASE FOR TRACTOR/BACKHOE: M. Sutter referred Council Members to their paperwork for quotes on tires for the tractor/backhoe. Staff has recommended going with the Firestone from Triple M. The tire received excellent reviews and Triple M. is a local distributor. Discussion followed.

MOTION: E. Mast made a motion to purchase Firestone tires for the tractor/backhoe per the recommendation from the Staff from local distributor Triple M for a total cost of $2,052.00. C.A. Lazzaro seconded the motion. Motion carried.

EASEMENT RELEASE ON FARMSTEAD INN PROPERTY/LAMBRIGHTS: M. Sutter referred Council Members to their paperwork for the Release of Lease Agreement recorded as Document Number 99-1-193 and the Release of Grant of Easements, Document Numbers 99-1-194 and 06020258 and explained these documents were originally in place for a Town water tower on the property. The water tower is now gone and there is no longer a need for an easement on this property. Discussion followed.

MOTION: E. Mast made a motion to approve the Release of Lease Agreement and the Release of Grant of Easements document numbers 99-1-193, 99-1-194 and 06020258 as presented and authorized the Council President and the Clerk-Treasurer to sign the same. J.M. Wilcher seconded the motion. Motion carried.

R. Yoder noted that item #4 would be removed from the agenda.

SET MEETING DATE TO OPEN & AWARD BIDS FOR WEST MIDDLEBURY STREET WATER & SEWER LINE EXTENSION: M. Sutter reported that the Town will be extending the water and sewer lines from the west Town limit on West Middlebury Street to 850 West. This will allow for people to hook into the Town water and sewer system as that area develops. Discussion followed.

MOTION: C. A. Lazzaro made a motion to set a Town Council meeting for 5 p.m. on Tuesday, November 24, 2015 at 5 p.m. to receive and award bids for the West Middlebury Street water and sewer line extension project. E. Mast seconded the motion. Motion carried.

APPROPRIATION TRANSFER ORDINANCE: R. Downey reported that she ran out of time and the Ordinance was not ready for the Council’s approval.

FINANCIAL REPORT: R. Downey referred Council Members to their paperwork for the October Fund Report and a letter to the Council from the Administrative Assistant requesting up-to-date information from Council Members for the new Town website. The hope is to have the new Town web site up and running by the first of the year. As Fire Chief, C. Miller pointed out it will be necessary to do an additional appropriation in the Fire Fund for fire truck repairs before the end of the year. We may also need one in the Town Center Operating Fund for HVAC repairs. I will be advertising for a public hearing at the December 10th Council meeting for these additional appropriations. There will not be a Council meeting on Thanksgiving and the office will be closed Thursday November 26th and Friday, November 27th. I have received an updated Bond for the Town Manager that needs Council approval and a motion to approve the Claims Register and Adjustment Journals would be appreciated. Discussion followed.

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

MOTION: E. Mast made a motion to approve the Town Manager Bond as presented and to sign the same. L. Bontrager seconded the motion. Motion carried.

TOWN MANAGER REPORT: M. Sutter reported that we recently had an IDEM inspection at the WWTP and the plant is in better condition than it was. The WWTP Superintendent in training, Sean Neely has been doing a terrific job, from the report you can see that there are still things to work on but we are moving in the right direction. M. Sutter referred Council Members to the October Fund Report Town Center Operating Fund and reported that the staff at the Event Center has been doing a great job this year. M. Sutter reported that the TIF Bond Street projects are almost completed, there is still some dirt and seeding work that needs to be done along with some hand rails and decorative street lights that need to go back up. We will have a walk through on Monday for the project. Walsh & Kelley have done a fantastic job on this project along with Todd Thurber from DLZ. C.A. Lazzaro asked if the recycling bins would be moved back behind the Old Fire Station. M. Sutter responded, yes. Discussion followed.

ATTORNEY REPORT: K. Bachman had nothing further to report.

R. Yoder asked if there was any further business to come before the Council. There being no further business R. Yoder introduced the Town Council and Staff to the Westview High School students and asked them to introduce themselves. Following introductions R. Yoder asked for a motion to adjourn.

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