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December 29, 2015 Meeting Minutes

TOWN COUNCIL MEETING

DECEMBER 29, 2015  6:00 P.M.

SHIPSHEWANA TOWN HALL

345 N MORTON STREET

SHIPSHEWANA, IN  46565

 

PRESENT:  Council; Roger D. Yoder, C. Arlene Lazzaro, J. Mike Wilcher, Elmer J. Mast, Lynn M. Bontrager.

Staff; Mike Sutter, Kurt R. Bachman, Ruth Ann Downey.  Public;

 

Council President R. Yoder called the meeting to order, noted that all Council Members were present and no public was present.

 

INVOCATION & PLEDGE:  L. Bontrager gave the invocation and J.M. Wilcher led the pledge.

 

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

 

2016 ENGINEERING RATE APPROVAL (DLZ):  M. Sutter referred Council Members to their paperwork for proposed Engineering rates for 2016 from DLZ.  My recommendation is that you consider and approve these rates to work with DLZ for another year.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve the 2016 Engineering rates for DLZ as presented and to sign the attached agreement for the same.  J.M. Wilcher seconded the motion.  Motion carried.

 

INDOT ROAD MILEAGE CERTIFICATION APPROVAL:  M. Sutter reported that DLZ has been preparing paperwork for the INDOT Road Mileage Certification and referred Council Member to Exhibit A in their paperwork.  DLZ has found 1.49 miles of roadway that was not included in the last certification to INDOT.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to approve the Town of Shipshewana, Indiana Road Inventory submitted by DLZ as Exhibit A for the INDOT Road Mileage Certification subject to verification of the N 795 W 170 feet being 735 W and authorized the Council President to sign the same.  L. Bontrager seconded the motion.  Motion carried.

 

2016 WAGE & SALARY ORDINANCE:  R. Downey reported that the 2016 Wage & Salary Ordinance reflects a 3% wage increase and does change some of the percentages where employees are paid from for the Service & Support Employee, Street, Facilities, and Utilities Superintendents.  There was no increase for the Volunteer Firefighters.  Discussion followed.

 

President R. Yoder introduced AN ORDINANCE ESTABLISHING WAGES AND SALARIES FOR TOWN EMPLOYEES FOR THE CALENDAR YEAR 2016.  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(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 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 “II-F-1-d(2)” at this meeting, 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:  C. Arlene Lazzaro, Lynn M. Bontrager, Elmer J. Mast, J. Mike Wilcher, Roger D. Yoder

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.

 

2016 BOARD & COMMITTEE APPOINTMENTS:  R. Yoder referred Council Members to the Board and Commission Appointments for 2016.  R. Downey reminded Council Members that we are still looking for a Park Board Member and that the appointments we are making this evening are listed on the back of the Board and Appointment sheet.  I have prepared Oath and Appointment forms for the Park, and Storm Water Board appointees along with forms for the Redevelopment Authority and Redevelopment Commission.  Tonight the Council needs to sign the Appointment portion of the form.  When the different Boards and Commissions hold their first meeting of the year their Oath of Office will be administered.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve the 2016 Board and Commission Appointments as presented and for the Council to sign the Oath & Appointment forms as submitted.  C.A. Lazzaro seconded the motion.  Motion carried.

 

PAY REQUEST #1 WEST MIDDLEBURY STREET WATER & SEWER LINE EXTENSION:  M. Sutter referred Council Members to their paperwork for Pay Request #1 for Beer & Slabaugh, Inc. for the West Middlebury Street Water and Sewer line extension.  The only work not finished on this project is the final asphalting that will be done in the spring.  My hope is that this project will come in under the estimate.  Discussion followed.          

 

MOTION:  C.A. Lazzaro made a motion to approve pay request #1 for Beer & Slabaugh, Inc. in the amount of $43,559.40 for the West Middlebury Street Water & Sewer Line extension.  E. Mast seconded the motion.  Motion carried.

 

NEPOTISM & CONFLICT OF INTEREST CONTRACTING POLICY:  K. Bachman reported that an annual certification of Elected Officials regarding Compliance with the Town Contract Disclosure Policy and with the Nepotism Policy must be complete by each elected official and signed by the Town Council President.   Discussion followed.

 

MOTION:  E. Mast made a motion that all Council Members and the Clerk-Treasurer sign the annual certifications regarding the Nepotism and Contract Policy and submit them to the Council President for his signature.  L. Bontrager seconded the motion.  Motion carried.

 

APPROVAL TO PURSUE USE OF DEBIT/CREDIT CARD PAYMENT FOR TOWN SERVICES:  R. Downey reported that the Town has received a number of requests at various times from people who would like to pay their utility bills or for the Wolfe Building Rentals with their credit or debit card and we currently do not offer that service to our customers.  Discussion followed.  M. Sutter recommended that we have the Administrative Assistant do further research and submit a report to the Council for further consideration regarding accepting credit and debit card transactions.

 

MOTION:  L. Bontrager made a motion authorizing the Town Manager to have the Administrative Assistant do further research regarding the acceptance of Credit and Debit Card payments by the Town.  C.A. Lazzaro seconded the motion.  Motion carried.

 

VACATION CARRY-OVER REQUEST:  R. Downey referred Council Members to their paperwork for two letters requesting Vacation Carry Over from 2015 to 2016.  One letter was from the Town Marshal on behalf of Deputy Marshal, Brandon Hooley to carry over 30 vacation hours and the second letter was from the Clerk-Treasurer, R. Downey requesting carry over of 220 hours.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to approve the Vacation Carry over requests as submitted for Deputy Marshal, Brandon Hooley and the Clerk-Treasurer.  C.A. Lazzaro seconded the motion.  Motion carried.

 

APPROPRIATION TRANSFER ORDINANCE:  R. Downey reported that this is the year-end transfer Ordinance which gives approval for appropriations transfer as necessary due to oversights so that no appropriation is left in the negative at the end of the year.  Discussion followed.

 

President R. Yoder introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL, CEDIT, PARK, TOWN CENTER OPERATING AND FIRE FUNDS.  Council Member L. Bontrager made a motion, seconded by Council Member E. Mast, 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(505)” 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 “II-F-1-d(505)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(505)” 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, Elmer J. Mast, C. Arlene Lazzaro, J. Mike Wilcher, Roger D. Yoder

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

 

CT BOND APPROVAL:  R. Downey reported that the Bond covering the period of January 1 – December 31, 2016 for the position of Clerk-Treasurer had been received.  Due to changes in the law the bond amount has increased to $120,000.00.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to approve the Clerk-Treasurer’s Bond as submitted in the amount of $120,000.00 and to sign the same.  L. Bontrager seconded the motion.  Motion carried.

 

FINANCIAL REPORT: R. Downey reminded everyone that the office would be closed on Friday January 1st in observance of the New Year and requested a motion to approve Claims totaling $292,721.08 and the Adjustment Journals as submitted.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve Claims in the amount of $292,721.08 and the Adjustment Journals as submitted.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Yoder thanked everyone for a great year and asked if there was any further business to come before the Council.  There being no further business R. Yoder asked for a motion to adjourn.

 

MOTION:  C.A. Lazzaro made a motion to adjourn.  J. M. Wilcher seconded the motion.  Motion carried.

 

 

_______________________________________                _______________________________________

Roger D. Yoder, Council President                                          C. Arlene Lazzaro, Council Vice-President

 

 

_______________________________________                  ______________________________________

Lynn M. Bontrager, Council Member                                       Elmer J. Mast, Council Member

 

 

_______________________________________                  ______________________________________

Ruth Ann Downey, Clerk-Treasurer                                          J. Mike Wilcher, Council Member