TOWN COUNCIL MEETING
JANUARY 14, 2016 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, Tom M. Fitch, J. Carlos Jasso, Ruth Ann Downey. Public; Marvin Yoder, Donna Miller, Jeran Hoppingarm, Joshua D. Yoder, Jared Mullett, Ethan Yoder, Jerry Franklin, Sheldon Schrock, Robert Dillian Shanahan, Ryne Krock, Brian Lambright.
- Yoder called the meeting to order, noted that all Council Members were present, asked everyone to sign in, welcomed everyone, and extended a special welcome to the Westview High School government class students. Agendas were available.
INVOCATION & PLEDGE: J.M. Wilcher gave the invocation and C.A. Lazzaro led the pledge.
MOTION: C.A. Lazzaro made a motion to accept the agenda with flexibility. E. Mast seconded the motion. Motion carried.
ELECTION OF OFFICERS FOR 2016: K. Bachman asked for nominations for Town Council President for 2016. E. Mast nominated R. Yoder, C.A. Lazzaro seconded the nomination. K. Bachman asked if there were any further nominations. There being no further nominations K. Bachman asked R. Yoder if he was willing to accept the nomination. R. Yoder accepted the nomination.
MOTION: E. Mast made a motion to elect Roger D. Yoder as Council President for 2016. C.A. Lazzaro seconded the motion. Motion carried.
- Yoder asked for nominations for Town Council Vice-President for 2016. J.M. Wilcher nominated C.A. Lazzaro, L. Bontrager seconded the nomination. R. Yoder asked if there were any further nominations. There being no further nominations R. Yoder asked C.A. Lazzaro if she was willing to accept the nomination. C.A. Lazzaro accepted the nomination.
MOTION: J.M. Wilcher made a motion to elect C. Arlene Lazzaro as Council Vice-President for 2016. L. Bontrager seconded the motion. Motion carried.
POLICE DEPARTMENT REPORT: T. Fitch reported that in July a new law regarding training for Reserve Officers went into effect and now Reserve Officers are required to have as much training as Full-Time Officers, so we have lost a couple of Reserve Officers; Keith Rollin, Stephen VanMol, and Matt Miller. We have had an individual who has been riding with us for the past year and is interested in becoming a Reserve Officer. His name is Levi Bouwkamp and he will need to be trained. Discussion followed.
MOTION: C.A. Lazzaro made a motion to approve Levi Bouwkamp to train as a Reserve Police Officer for the Shipshewana Police Department. L. Bontrager seconded the motion. Motion carried.
- Fitch reported that he had received a request for an internship with the Police Department from IVY Tech student James/Mack Grobis. There is no employment involved he just needs to put in X hours as an intern for his schooling. Discussion followed.
MOTION: L. Bontrager made a motion allowing James/Mack Grobis to do his internship with the Shipshewana Police Department. E. Mast seconded the motion. Motion carried.
- Fitch reported that it is time to replace some of the Police Department office computers, they are outdated. One will be for the training room and I plan on replacing my computer and Nick’s. I am requesting permission to purchase 3 laptops at a cost of $1,413.00 each. Discussion followed.
MOTION: E. Mast made a motion to approve the purchase of 3 laptop computers for the Police Department at a cost of $1,413.00 each per the quote from MX Guardian of Goshen. L. Bontrager seconded the motion. Motion carried.
- Fitch reported that he had a meeting with Kent from Micro Source regarding the Tech Service for the Town and the meeting went well. The new Web page is almost ready to go, I have found that we are getting a lot of spam through the old one. The department has spent a lot of time sitting at Berkshire Drive since September 27, 2015 and we are still receiving complaints. When we sit out there the buggies can see us and they continue to run stop signs. I believe there are around 30 kids out in the Berkshire area and we have spent more time there than we have in the Shipshe Scott school area where 350 kids attend school Monday through Friday. We just cannot maintain the number of hours that we have spent out at Berkshire and I have no solution. J. M. Wilcher asked if there are more violations in the Berkshire area than anywhere else in Town. T. Fitch responded no, the problem is we have limited resources and I want to use them wisely. J.M. Wilcher recommended that officers patrol equally though-out the Town. Discussion followed. R. Yoder recommended further discussion regarding this at a Council Work session. T. Fitch expressed concern that we treat all areas of Town equally.
LCEDC ANNUAL CONTRIBUTION APPROVAL: M. Sutter reported that the LCEDC is requesting the same contribution from the Town as last year and I am requesting approval of payment for the first half of the year in the amount of $4,781.50. The new director at the LCEDC, Ryne Krock is doing good things for the community. Discussion followed.
MOTION: L. Bontrager made a motion approving payment to the LCEDC in the amount of $4,781.50 for the first half of 2016. J.M. Wilcher seconded the motion. Motion carried.
HIGHLAND RIDGE TAX ABATEMENT DECLARATORY RESOLUTION: K. Bachman reported that a Tax abatement request has been received from Highland Ridge the first step in the Tax Abatement process is for the Town to approve a Declaratory Resolution designating the area as an Economic Revitalization Area for purposes of Tax Abatement. Next a Public Hearing will be set then the Council needs to approve a Confirmatory Resolution to grant the Tax Abatement. We have received a signed tax abatement agreement so we can move forward with the Declaratory Resolution. R. Krock explained that the statement of benefits form includes an addition of 90,000 square feet that will create 40 to 60 new jobs at an average wage of $65,000.00 per year. The Real Property and Equipment Abatement request is for 5.6 million and they are requesting a 10 year tax abatement. Highland Ridge has manufacturing plants in other parts of the state but they have chosen Shipshewana. This is a good project. Discussion followed.
President R. Yoder introduced A DECLARATORY RESOLUTION OF THE TOWN COUNCIL OF SHIPSHEWANA FOR THE DESIGNATION OF AN AREA AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF TAX ABATEMENT – HIGHLAND RIDGE RV, INC. Council Member E. Mast 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-C(14)” 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-C(14)” at this meeting, be suspended and that said Resolution be placed on its final passage. Motion carried.
“II-F-1-C(14)” 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: Elmer J. Mast, Lynn M. Bontrager, 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-C(14)” having been passed after unanimous suspension of the rules, the President thereupon declared said Resolution to have duly passed and adopted.
- Bachman requested a motion to set the date for the public hearing. Discussion followed.
MOTION: C.A. Lazzaro made a motion to set the date for the Public Hearing and Confirmatory Resolution for the Highland Ridge Tax Abatement request for February 25, 2016 at 6:00 p.m. E. Mast seconded the motion. Motion carried.
SHIPSHEWANA AUCTION RV SERVICE CENTER: M. Sutter reported that the Shipshewana Auction is planning on building an RV Service Center using their entrance off of Farver Street for the Service Center. B. Shanahan of LaGrange County Planning and Zoning is here to fill us in on the project. B. Shanahan reported that Taylor Engineering made a presentation to the County for this project and it will require a 1.5 acre rezone. The plan includes building an RV Service Center and future expansion of at least another 100 campsites. The County BZA will meet on the 19th to consider the land use Variance and it will go to the Platt Committee on the 21st. It will be a 1 lot Subdivision. Then it will come to the Plan Commission on the 25th where we will review their plans for parking and utilities. All of these improvements will be taking place within the Town of Shipshewana. Normally a plat rezone would come back to the Town but in this case it is not necessary. I am looking for a letter of agreement from the Council for the one lot subdivision for the Service Center, the campground expansion will not take place right away. B. Lambright of the Shipshewana Auction explained that in the future the 100 campground sites will be permanent, eventually we hope to have RV Rally’s that will bring in up to 1,000 units. We will have 200 campsites with full hook-ups and we have two big lots behind the permanent sites that we would use as temporary sites and we would like to have temporary water & electric service to these sites but no sewer. Currently the RV service centers in the area are running 6 months behind. We are looking at a 5 year plan, building the Service Center first. Discussion followed. B. Shanahan explained that we are here this evening to present an overview of the project and be sure you are aware of the project, and to ask for a letter from the Council to the Plan Commission saying that you are in agreement with the project subject to any concerns you may have or subject to your engineers review. Discussion followed. B. Shanahan assured Council Members that no permits would be issued until DLZ has reviewed and approves the project. Discussion followed.
MOTION: C.A. Lazzaro made a motion authorizing the Town Manager to write a letter of support and consent to the LaGrange County BZA for a variance of 1.5 acres for the proposed Shipshewana Auction RV Service Center. J.M. Wilcher seconded the motion. Motion carried.
MOTION: E. Mast made a motion authorizing the Town Manager to write a letter to the LaGrange County Plat Committee supporting the request for a 1 lot Subdivision of 1.5 acres for the Shipshewana Auction RV Center with no additional right-of-way needed for this project. C. A. Lazzaro seconded the motion. Motion carried.
MOTION: L. Bontrager made a motion authorizing the Town Manager to write a letter to the LaGrange County Plan Commission to approve the Shipshewana RV Service Center project in concept subject to the review of the plans by DLZ for all Town Utilities and easement for the utilities and subject to meeting all Town Specifications. J.M. Wilcher seconded the motion. Motion carried.
- Sutter reported that all letters to the County will be reviewed by the Town Attorney before they are sent. B. Shanahan requested that he be on the February 25th Council Agenda to report back on the project.
FINANCIAL SOLUTIONS GROUP (FSG) AGREEMENTS: R. Downey referred Council Members to their paperwork for the Sustainability Analysis, Required Redevelopment Commission Reporting, and Continuing Disclosure Filings, along with the Water, Wastewater and Storm Water Rate Study proposals from FSG for 2016. R. Downey reported that the rate studies and the sustainability analysis all have not to exceed amounts for the agreements and FSG has always come in lower than those amounts. The Continuing Disclosure Filings has a range of $1,000 - $2000 per year and the Required Redevelopment Commission Reporting is billed on an hourly basis. Discussion followed.
MOTION: L. Bontrager made a motion to approve and authorize the Council President to sign the agreements for Water, Wastewater, Storm Water Utility Rate Studies, the Sustainability Analysis, the Continuing Disclosure Filing and the Required Redevelopment Commission Reporting as submitted by FSG. C.A. Lazzaro seconded the motion. Motion carried.
DIXON ENGINEERING CONTRACT – N. WATER TOWER PAINTING, REFURBISING, ETC.: M. Sutter reported that last year Dixon Engineering had inspected the North Water Tower and recommended that painting and some refurbishing work be done. Tonight I am asking you to consider a Proposal/Contract Agreement for the North Water Storage Tank with Dixon Engineering for $13,075.00 for oversight engineering services; they will prepare specifications and contract documents, take care of project administration, the pre-construction meeting, and all inspections involved with the project. Discussion followed.
MOTION: J.M. Wilcher made a motion to approve the Proposal/Contract Agreement for the North Water Storage Tank with Dixon Engineering in the amount of $13,075.00 and authorized the Council President to sign the same. E. Mast seconded the motion. Motion carried.
DISKS PURCHASE FOR WWTP OXIDATION DITCH: M. Sutter requested that the disk purchase request be tabled until the next Council meeting as more clarification on the quote is needed. Discussion followed.
MOTION: E. Mast made a motion to table the disk purchase for the WWTP Oxidation Ditch until the next Council meeting. C.A. Lazzaro seconded the motion. Motion carried.
ANNUAL GENERATOR MAINTENANCE AGREEMENTS: M. Sutter referred Council Members to their paperwork for a quote from Cummins Crosspoint for the Generator Maintenance Agreement for 2016. The Town has four generators, one at the Water Plant, one at the Sewer Plant and two at lift stations. The total service agreement is $2,403.76. Discussion followed.
MOTION: E. Mast made a motion to approve the Generator Maintenance Agreement as submitted from Cummins Crosspoint in the amount of $2,403.76 annually. C.A. Lazzaro seconded the motion. Motion carried.
MAIN STREET CLOSURE FROM HARRISON TO SR5/VANBUREN STREET: M. Sutter reported that he had been contacted by Hubbard Feeds with a request to close the North side of Main Street as necessary from March 1st through May 1st to allow them to make repairs on the grain bins. Discussion followed.
MOTION: C.A. Lazzaro made a motion to allow closure of the North side of Main Street from Harrison to SR 5/VanBuren Street as necessary to allow Hubbard Feeds time to make necessary repairs on their grain bins from March 1st through May 1st. E. Mast seconded the motion. Motion carried.
AFTER CHRISTMAS GIFT CERTIFICATE APPROVAL: R. Downey referred Council Members to the back side of the Police Department Computer quote for the list of After Christmas Gift Certificates. Discussion followed.
MOTION: E. Mast made a motion to approve the list for After Christmas Gift Certificates as submitted. J.M. Wilcher seconded the motion. Motion carried.
FINANCIAL REPORT: R. Downey referred Council Members to a corrected Board & Commission Appointment list for 2016 and pointed out that the wrong Yoder was listed for the Redevelopment Authority. In your paperwork you will also find a December 31, 2015 Fund, Appropriation and Revenue Report along with the 2016 January 1st Fund and Appropriation report which reflects the 2016 Budget. On January 12th we did receive the 1782 Notice. This is not the Final Budget approval but, the process is moving forward. The Assessed Value for the Town is down again which does keep the tax rate up. I did send Greg Guerrettaz of FSG the 1782 Notice as soon as it was received. You will find his response and the 2016 “1782 Notice” Versus Prior Years report in your paperwork. Discussion followed. R. Downey reported that the 2016 candidate deadlines had been published in the January 4th LaGrange Standard. This year we have three Council Members and the Clerk-Treasurer’s position up for election. All positions are four year terms. One Council seat is for District 3 and the other two Council Seats are at large positions. The Town is still looking for someone who is willing to serve as a Park Board Member for 2016, this is an appointed position. R. Downey referred Council Members to their paperwork for a letter from the State of Indiana regarding Materiality Policies and requested a motion to have the attorney draw up the necessary paperwork for the creation and implementation of a Materiality Policy for the Town. K. Bachman noted that this is a state mandate. Discussion followed.
MOTION: C.A. Lazzaro made a motion authorizing the Town Attorney to move forward with the Creation and Implementation of a Materiality Policy for the Town of Shipshewana. E. Mast seconded the motion. Motion followed.
MOTION: L. Bontrager made a motion to approve the amended slate of Board & Commission Appointments for 2016 subject to the deletion of Eldon Hostetler from the Shipshewana Car Museum Board due to his recent passing. C.A. Lazzaro seconded the motion. Motion carried.
- Downey requested a motion to approve the Claims Register and Adjustment Journals as submitted.
MOTION: C.A. Lazzaro made a motion to approve the Claims Register and Adjustment Journals as submitted. L. Bontrager seconded the motion. Motion carried.
TOWN MANAGER REPORT: M. Sutter referred Council Members to the December 31, 2015 Fund Report and pointed out that the Town Center Operating Fund has ended the year up approximately $39,000.00 in spite of the fact that $100,000.00 was taken from the Operating Fund this year to put towards the Debt payment. We continue to work with the Riegseckers on a lease agreement for the facility. Discussion followed.
- Yoder introduced the Town Council and the Staff to the Westview Government class students and asked them to introduce themselves. Introductions followed. R. Yoder 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: L. Bontrager made a motion to adjourn. C.A. Lazzaro made a motion to adjourn. Motion carried.
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Roger D. Yoder, Council President C. Arlene Lazzaro, Council Vice-President
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- Mike Wilcher, Council Member Elmer J. Mast, Council Member
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Ruth Ann Downey, Clerk-Treasurer Lynn M. Bontrager, Council Member