TOWN COUNCIL MEETING

APRIL 14, 2016  6:00 P.M.

SHIPSHEWANA TOWN HALL

345 N MORTON STREET

SHIPSHEWANA, IN  46565

 

PRESENT:  Council; Roger D. Yoder, Elmer J. Mast, J. Mike Wilcher, C. Arlene Lazzaro, Lynn M. Bontrager.  Staff; Kurt R. Bachman, Mike Sutter, Sean M. Neeley, Ruth Ann Downey.  Public; George Bachman, Carol Bachman, Marvin Yoder, Alvin Miller, Dennis Fry, Kevin Wenzel, Mariela Gonzalez.

 

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.

 

  1. Yoder asked for corrections or additions to the March 24th Council meeting minutes.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve the March 24th Town Council meeting minutes as presented.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Yoder asked for a motion to accept the agenda with flexibility.

 

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

 

BALL DIAMOND CONCESSION STAND AGREEMENT:  M. Sutter referred Council Members to their paperwork for the proposed agreement and reported that there are some changes from last year.

This year the Town will purchase the food and drinks and the operator will receive 25% of the sales.

Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to approve the Concession Facility Coordinator Agreement as presented and authorized the Council President to sign the agreement contingent on the operator signing the same.  E. Mast seconded the motion.  Motion carried.

 

ARI EASEMENT:  M. Sutter referred Council Members to their paperwork for a Beacon Map showing ARI which is located on Tuscany Drive the parcel ending in .011-015.  ARI has also purchased the parcel directly to the north of their current piece of property ending in parcel # .012-015.  The Town of Shipshewana has an easement between these properties.  Maybe 15 or 20 years ago someone thought this easement would be necessary for utilities, we are not using it at this time.  Discussion followed.

 

MOTION:  L. Bontrager made a motion authorizing the Town Manager to work with Legal Counsel and the Town Engineer to verify ownership of the easement and bring back a recommendation to the Council for further action regarding this easement.  E. Mast seconded the motion.  Motion carried.

 

WELL #3 PUMP OVERHAUL:  M. Sutter referred Council Members to their paperwork for a memo to the Town Council dated April 12th, a quote from Peerless Midwest and a History of Work & Future Budgetary Estimates sheet.  Regular maintenance is required for our well pumps and Peerless Midwest has been the service provider for the Town for a number of years.  For a pump and motor overhaul on Well #3 the estimated cost is $13,960.00.  There may be some additional work required such as the column pipe or submersible electric motor which would be an additional cost of $7,309.00 making the total cost possibly up to $21,269.00.  Discussion followed.

 

MOTION:  E. Mast made a motion approving the pump and motor overhaul on Well #3 at a cost up to $21,269.00 with the work being done by Peerless Midwest, Inc. of Mishawaka, IN.   C.A. Lazzaro seconded the motion.  Motion carried.

 

METER CHANGE—OUT PROGRAM/METER HEAD PURCHASE:  M. Sutter referred Council Members to their paperwork for the April 12th memo to the Council and a quote from Utility Supply.  This is the final phase of the Water Meter Head replacement program to change over to radio read meters.  The quote includes 110 meter heads and 12 new meters for potential growth.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the purchase of 110 meter heads and 12 meters from Utility Supply at a total cost of $23,725.58 to complete the meter head change out program to Radio Read meters.  L. Bontrager seconded the motion.  Motion carried.

 

VARIABLE FREQUENCY DRIVE (VFD) EQUIPMENT – WWTP:  M. Sutter introduced K. Wenzel who is currently contracting with the Town as the Certified Licensed Operator for the WWTP and Town Employee S. Neeley who is the Utilities Superintendent in training.  They have done a great job at moving the plant forward and are suggesting that the Council consider installing VFD’s at the plant.  VFD’s are like cruise control for a car but for the blowers and pumping equipment at the plant so the equipment doesn’t have to run at high speed all the time.  M. Sutter referred Council Members to their paperwork for 3 quotes and a summary of the electric cost at the WWTP for 2015 and reported that he expected a return on our investment in just over a two year period.  Discussion followed.  S. Neeley reported that there was recently an article in the Wastewater Digest regarding the savings at Logansport due to using this equipment, with this equipment we will be able to run the plant more efficiently.  J.M. Wilcher requested an annual review on electric and sludge disposal savings and noted that we will have to measure the life of the equipment over time.  M. Sutter expressed concern over the low quote from L.A. Electric in the amount of $23,800.00 because it is so much lower than the quote from the next lowest quote B.L. Anderson at $30,303.00 and that quote is still $9,000.00 plus lower than the high quote from Gasvoda at $39,956.00.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion authorizing the Town Manager to pursue the purchase of VFD equipment for the WWTP in conjunction with further review of the quotes and to go with the most responsive and responsible bidder up to a cost of $30,303.00.  J.M. Wilcher seconded the motion.  Motion carried.

 

YODER LIFT STATION REPAIR:  M. Sutter reported that we have been having trouble getting quotes for this repair due to the fact that the problem is at the bottom of the Lift Station.  S. Neeley reported that the only quote that came in was from Underground Piping.  You have to have the proper equipment for this work.  Discussion followed.  M. Sutter requested permission to proceed with the repair if we can get another competitive bid.  K. Bachman pointed out that this is a service issue due to the nature of the work you can authorize that award of the project be made to the most responsive and responsible bidder.  Discussion followed.

 

MOTION:  L. Bontrager made a motion authorizing the Town Manager to continue pursuing quotes for the Yoder Lift Station repair and to go with the most responsive and responsible bidder.  J.M. Wilcher seconded the motion.  Motion carried.

 

STREET DEPARTMENT TRUCK – LEASE:  M. Sutter reported that the 2001 GMC dump/plow truck needs to be replaced and requested authorization to move forward with seeking quotes to replace the truck equipped with a snow blade so that we will know the cost to replace the truck.  The quotes will take us to the second step of the process which will be to seek bids for quotes on a lease for the truck.  Discussion followed.    

 

REQUEST TO SELL THE 2001 GMC SIERRA 3500 TRUCK:  M. Sutter reported with the purchase of a new truck for the street department we would like permission to sell the 2001 GMC by using the sealed bid process.  The 01 GMC only has 61,000 miles on it but has seen hard use.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion for the Town Manager to seek quotes or bids for a 2016 truck with a plow for the street department.  E. Mast seconded the motion.  Motion carried.

 

MOTION:  E. Mast made a motion to sell the 2001 GMC using the sealed bid process.  J.M. Wilcher seconded the motion.  Motion carried.

 

HVAC CONTRACT RENEWAL:  M. Sutter referred Council Members to their paperwork for HVAC Contract renewal paperwork from Crystal Valley Comfort and pointed out that it is critical that we continue with this service for the HVAC system at the Event Center.  R. Downey reported that the total Contract renewal cost is $6,303.00.  The cost for the Event Center is $5,263.00, Town Hall $414.00, Wolfe Building $414.00, and the Public Restrooms at $212.00.  Discussion followed.

 

MOTION:  E. Mast made a motion to renew the HVAC Contracts with Crystal Valley Comfort of Middlebury, IN for the Event Center, Town Hall, Wolfe Building and Public Restrooms at a total cost of $6,303.00 as presented. C.A. Lazzaro seconded the motion.  Motion carried.

 

LABOR AND EQUIPMENT RATE ORDINANCE AMENDMENT:  R. Downey reported that the last time the Council updated this Ordinance was in 1993.  When we have to bill man hours or equipment hours this is the Ordinance that is used.  We are proposing increasing the hourly labor rate for regular hours from $20.00 to $26.00 per hour.  Overtime hours from $30.00 to $39.00 per hour and the equipment rate from $40.00 to $75.00 per hour.  Discussion followed.

 

President R. Yoder introduced AN ORDINANCE AMMENDING ORDINANCE II-F-2-b(8) AND II-F-2-b(11) BY MODIFYING THE RATES AND CHARGES FOR LABOR AND EQUIPMENT SERVICES PROVIDED BY THE TOWN OF SHIPSHEWANA, INDIANA.  Council Member J.M. Wilcher 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-2-b(31)” 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-2-b(31)” at this meeting be suspended and that said Ordinance be placed on its final passage.  Motion carried.

“II-F-2-b(31)” 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:  J. Mike Wilcher, Elmer J. Mast, Lynn M. Bontrager, 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 “II-F-2-b(31)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

UPDATE ORDINANCE CODIFICATION:   R. Downey referred Council Members to an e-mail from Paul Jones of American Legal Publishing regarding the Estimate for the S-6 Supplement to the Shipshewana, Indiana, Code of Ordinances.  We last updated our Ordinance Codification in 2011.  The estimate of $2,600 – $3,200 would cover Ordinances from the second half of 2011 through 2015, there is an additional fee to update the Town online code of $195.00 plus $8.00 for shipping.  We have had our Ordinance Codification updated a number of times over the years and only received replacement pages.  I requested a cost for a complete new book of replacement pages and that came in at $55.00.  The total cost to update the Ordinance Codification with new pages and the online updates should not exceed $3,458.00.  We appropriated $4,500.00 for this service.  Discussion followed.

 

MOTION:   L. Bontrager made a motion to proceed with the Codification Update to be done by American Legal Publishing at a cost not to exceed $3,458.00 which includes an online update and a complete hard copy.  E. Mast seconded the motion.  Motion carried.

 

TIF ANNUAL REPORT:  K. Bachman reported that this is a formality, a report from the Redevelopment Commission that must be submitted to the Town Council and entered onto the Gateway System.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion acknowledging receipt of the 2016 TIF Annual Report to the Fiscal Body prepared by Financial Solutions Group, Inc. and submitted by the Shipshewana Redevelopment Commission to the Town Council.  E. Mast seconded the motion.  Motion carried.

 

TOWN MANAGER REPORT:   M. Sutter reported that the Town had received the new mower and it is larger than the old mower which has created an issue with the utility trailer.  Facilities Superintendent, Joshua Koontz has found a used utility trailer that would meet the Town’s needs at a cost of $2,850.00 from Brooke Martin.  The tail gate on our current trailer is very heavy and can’t safely be moved up or down without help but the WWTP could use a utility trailer and they would not need to have the tailgate on the trailer.  We would like to sell our current utility trailer to the Wastewater Department for $1,000.00 and purchase the trailer from Brooke Martin using the $1,000.00 from the Sewer Department and take the balance of $1,850.00 from Food & Beverage tax monies.  Discussion followed.

 

MOTION:  E. Mast made a motion authorizing the purchase of a used utility trailer from Brooke Martin for $2,850.00 for the Parks Department and transfer the current utility trailer to the Wastewater Department for $1,000.00 and to pay the balance of the trailer purchase from Food & Beverage Tax funds.   C.A. Lazzaro seconded the motion.  Motion carried.

 

MILLER/KING DEVELOPMENT:  M. Sutter reported that A. Miller and D. Fry had been at a previous Council meeting requesting approval for a vacuum kiln drying business just outside of the Town on agriculturally zoned land.  Tonight they have come back to the Council to request approval to put this business next to the greenhouse on the Morton Street extension in a B-2 area.  A. Miller referred Council Members to their paperwork for a beacon map and pointed out that D. Fry was interested in purchasing the two lots marked and about 1 ½ acres directly behind these lots.  Initially the business will not be retail.  They specialize in drying wood to make fancy tables, etc.  D. Fry reported that the vacuum kiln drying process is a fairly new process, we specialize in drying exotic woods.    R. Yoder asked how many people they would employ.  D. Fry explained that we would start with 3 kilns so we would only employ two or three people.  Discussion followed regarding the drying process, lumber delivery, storage of the lumber, etc.  E. Mast asked if wood cutting would be done on site.  D. Fry reported that all the wood received is pre-cut, no cutting will be done on site.  M. Sutter asked what the additional acreage would be used for.  D. Frey reported that as the business grows we will need a warehouse and we would have more kilns in the original building.  J.M. Wilcher asked if this type of activity meets the B-2 zoning requirements or would a variance be required?  K. Bachman reported that Mr. Fry may need to pursue a variance.   A. Miller pointed out that Agra business is allowed in a B-2 zone so it depends on if you consider wood an Agra business, I believe they do in Elkhart County.  Discussion followed.   J.M. Wilcher expressed concern about this business falling into the manufacturing category and increased truck traffic.  Discussion followed.  L. Bontrager asked if a letter could be sent to the County supporting the current plan presented but if the property changes hands or use of the property changes then we would have to revisit the issue.  K. Bachman pointed out that whatever you decide it needs to be clear so someone 20 years down the road understands, it must be reasonable and enforceable. Even if the Council supports the plan the County Plan Commission and BZA may not allow it.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to send a letter with a positive recommendation to the County for a vacuum kiln drying business in the Miller/King Development; subject to connection to Town Utilities and compliance with all County and Town specifications. E. Mast seconded the motion.  AYES:  C.A. Lazzaro, E. Mast, L. Bontrager, R. Yoder.  NAYS: J.M. Wilcher.  Motion carried.

 

TOWN MANAGER REPORT CONTINUED:  M. Sutter thanked the Council for the amendment to his employment contract making his position 4 days a week, Tuesday through Friday.  Discussion followed.

 

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

 

FINANCIAL REPORT:  R. Downey reported that 13 people used the Credit/Debit Card payment option during the month of April.    At the April 28th Town Council meeting there will be a Public Hearing regarding the ARI Tax Abatement request and we will open bids for the 2007 Tahoe.  The March Fund Report is in your paperwork.  A motion regarding the Claims Registers and Adjustment Journals would be appreciated.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve the Claims Registers and Adjustment Journals as submitted.  L. Bontrager seconded the motion.  Motion Carried.

 

COUNTY COMMISSIONER REPORT:  G. Bachman reported that 6 or 7 years ago there was some talk about using Major Moves money to extend CR 200 S to 850 W.  There has been some talk in staff meetings about extending this road again but it is far from a done deal.  The project does seem to have positive support but it would put a lot of traffic onto 850 W perhaps to the point of needing a buggy lane on 850 W.  Discussion followed.  G. Bachman encouraged the Council to stay as positive as possible when considering applications made by small businesses, they help make our communities better and create jobs for us.  Discussion followed.

There being no further business to come before the Council R. Yoder asked for a motion to adjourn.

 

MOTION:  C.A. Lazzaro made a motion to adjourn.  E. Mast seconded the motion.  Motion carried.