TOWN COUNCIL MEETING

MAY 12, 2016  6:00 P.M.

SHIPSHEWANA TOWN HALL

345 N MORTON STREET

SHIPSHEWANA, IN  46565

 

PRESENT:  Council; Roger D. Yoder, Lynn M. Bontrager, J. Mike Wilcher, Elmer J. Mast, C. Arlene Lazzaro.  Staff; Mike Sutter, Kurt R. Bachman, Tom M. Fitch II, Ruth Ann Downey.  Public; Guy Thompson, Marvin Yoder, Desiree Lippincott.

 

Council President R. Yoder called the meeting to order, noted that all Council Members were present, thanked Council Member L. Bontrager for chairing the last meeting, 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 April 28th Council Meeting minutes and noted that he and C.A. Lazzaro were not at that meeting and would not be voting on these minutes.

 

MOTION:  E. Mast made a motion to accept the minutes as presented.  J.M. Wilcher seconded the motion.  AYES – 3; NAYS – 0; ABSTENTIONS – 2.  Motion carried.

 

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

 

CONTROL BOX REBUILD (LIFT STATION @ 5 & 20):  M. Sutter reported that this rebuild is for the 5 & 20 Lift Station north.  At one time we thought the entire lift station may need to be redone, including installing a deeper manhole, but over the last three years our staff has not experienced any difficulties with the stations capacity, however the control box is in very poor condition and needs rebuilding.  The staff has secured three quotes to rebuild the control box as follows:  Gasvoda & Associates of Calumet City, IL $17,200.00.  B.L. Anderson of Lafayette, IN $13,191.00 and Middlebury Electric of Goshen, IN $12,632.00.  The Town has used all three of these companies in the past, our recommendation is that you go with the low quote from Middlebury Electric.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to approve the Control Box Rebuild by Middlebury Electric of Goshen, IN for $12,632.00 for the 5 & 20 Lift Station north.  E. Mast seconded the motion.  Motion carried.

 

EMPLOYEE EVALUATION & WAGE AMENDMENT (AA):  M. Sutter reported that the Administrative Assistant has been with the Town for 180 days.  New employees receive a 90 and 180 day review which allows for wage increases with positive reviews.  The Administrative Assistant has done quite well, she has added extra value to the office, is taking care of all the ordering, inventory, etc. for the Ball Diamond Concession Stand, and has started doing ticket entry for the Police Department.  The Administrative Assistant has received a positive employee review and I am recommending an additional 50 cents per hour retro-active to May 2nd for this position.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve a 50 cent per hour raise for the Administrative Assistant retro-active to May 2nd due to a positive employee review.  L. Bontrager seconded the motion.  Motion carried.

 

AT&T WATER TOWER AGREEMENT:  M. Sutter reported this has been an ongoing process to reach an agreement so that AT & T can add additional hardware to the Historic Town Water Tank.  The Lease Agreement is actually through another company New Cingular Wireless PCS, LLC.  I had been asking for $200.00 additional revenue per month and we have been back and forth.  We have finally reached a tentative agreement.    K. Bachman reported it has been a frustrating process, there were a number of layers to work through but the outcome has produced a good result for the Town.  In other communities the company provides them with free internet, here the Town will be receiving $2,746.50 per month thanks to Mike holding them accountable.  Discussion followed.  K. Bachman reported this extends the agreement for a 5 year period, we are happy with the agreement and it is ready for your approval.  The Council will need to approve the agreement and authorize the Council President to sign the agreement outside of a Council meeting once New Singular Wireless signs the agreement.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the Third Amendment To Elevated Water Storage Tank Space Lease between the Town of Shipshewana and New Cingular Wireless PCS, LLC as presented and authorized the Council President to sign the agreement outside of a Council Meeting.  E. Mast seconded the motion.  Motion carried.

 

LOIT SPECIAL DISTRIBUTION FUND (ORDINANCE):  R. Downey reported due to a one-time special distribution per SEA 67 of LOIT Trust Fund Reserves the Town is required to establish a separate Fund to put this money into.  75% of these funds must be spent on local infrastructure projects.  100% of the LOIT Special Distribution may be used as an eligible match for the INDOT local road and bridge matching grant program.  I am hoping the Town qualifies for this program so we can double our money.  The Ordinance for your consideration was prepared by K. Bachman’s office and states that 100% of this one- time special distribution is to be put into the LOIT Special Distribution Fund.  25% of this money could have been placed in the Rainy Day Fund and have unrestricted use but I have talked with Town Financial Advisor, Greg Guerrettaz and he agrees we should set this money aside for road improvements.  Discussion followed.

 

President R. Yoder introduced AN ORDINANCE ESTABLISHING A LOIT SPECIAL DISTRIBUTION FUND IN THE TOWN OF SHIPSHEWANA, INDIANA, UNDER THE PROVISIONS OF I.C. 6-3.6-9-17.  Council Member E. Mast 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 “II-F-1-b(40)” 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-b(40)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-b(40)” 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:  Elmer J. Mast, J. Mike Wilcher, 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-1-b(40)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

APPROPRIATION TRANSFER ORDINANCE:  R. Downey reported that we are just moving the right to spend money from one line item to another in the General and Town Center Operating Funds.  Discussion followed.

 

President R. Yoder introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL AND TOWN CENTER OPERATING FUNDS.  Council Member L. Bontrager made a motion, seconded by Council Member C.A. Lazzaro, 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(509)” 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(509)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(509)” 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, C. Arlene Lazzaro, 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(509)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

POLICE DEPARTMENT REPORT:  T. Fitch II reported that the Town of LaGrange Police Department would like to put Wynda back on as a Police Dog.  Wynda served as a Police Dog for the Town of Shipshewana for a period of time.  We have some items that were purchased by the Town that are no longer used by our department and just in storage.  There is a cage and shock collar that LaGrange is interested in.  I’m in favor of donating these items to the Town of LaGrange Police Department if the Council is in favor of it.  Discussion followed.

 

MOTION:  J. Mike Wilcher made a motion to donate the cage and shock collar to the Town of LaGrange Police Department for Wynda.  E. Mast seconded the motion.  Motion carried.

 

  1. Fitch II reported that the department is low on 9mm ammunition.  We are required to qualify annually and one qualification takes 2,000 round.  This ammunition is used for the 9mm handguns that the department carries and I would like to order 20 cases.  I have obtained 5 quotes.  Everyone quoted 1,000 rounds per case with the exception of Vance’s Law Enforcement their case only has 500 rounds so you would double their quote.  Quotes came in as follows:  Fields Outdoor Adventures of Rushville, IN $3,700.00; Stryker Action $4,600.00; Cheaper Than Dirt of Ft. Worth, TX $3,897.16; Kiesler’s Police Supply, Inc. of Jeffersonville, IN $4,779.40; and Vance’s Law Enforcement of Columbus, OH $2,730.00.  Discussion followed.  T. Fitch pointed out that the department would not go through all this ammunition in one year but when you buy in quantity you do not have to pay shipping charges.  Fields Outdoor Adventures is the low quote at $185.00 for 1,000 rounds.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the purchase of 20 cases of 9mm ammunition from Fields Outdoor Adventures of Rushville, IN for $3,700.00.  C.A. Lazzaro seconded the motion.  Motion carried.

 

  1. Fitch II reported that Mayfest although hectic was successful, we had no real complaints.  The new Police Truck is now on the road.  T. Fitch II reminded Council Members that by keeping the police cars on a rotating schedule you save on maintenance cost and have safe vehicles for the Police Reserve Officers.

 

TOWN-WIDE CLEAN-UP:  R. Downey reminded everyone that the Town-Wide Clean-up will be held on May 20 & 21.  On Friday the hours are 8 a.m. to 6 p.m. and on Saturday the hours are 8 a.m. to 5 p.m.  Please remember to bring a recent utility bill as proof of residency, this clean-up is for Town Residents only and is held at the Town compost site by the WWTP.  You can bring computer, electronics, light bulbs and just general junk.  We will not accept tires, paint, concrete, chemicals, hazardous or infectious materials.  Please call Town Hall with any questions.  R. Yoder pointed out that residents must take things to the compost site themselves.  Discussion followed.

 

TOWN MANAGER REPORT:  M. Sutter referred Council Members to their paperwork for a letter to Bob Shanahan regarding the Yoder’s Meat and Cheese Warehouse that is going to be built on North Village Drive just east of the Shipshe Fitness building.  They will be constructing a 5 – 6,000 square foot building for the repacking and distribution of cheese and meats.  The letter that I have drafted has five items that must be met for the project to move forward.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the letter of positive recommendation for the Yoder Meat & Cheese Warehouse project on N. Village Drive.  E. Mast seconded the motion.  Motion carried.

 

  1. Sutter reported that he has requested an estimate from DLZ regarding the cost to resurface Main Street from Morton Street east to the Corner of Talmadge Street.   This would include the area in front of the post office.  Discussion followed.

 

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

 

FINANCIAL REPORT:  R. Downey reported that there will be a Public Hearing at the May 26th Council meeting regarding the ARI Easement, and at the June 9th Council meeting we will open quotes for a street department truck.  In your paperwork you have an invitation to tour E & S Sales Bulk Foods in celebration of 30 years of business and the April Fund Report.  A motion to approve the Claims Register and Adjustment Journal as submitted would be appreciated.   Discussion followed.

 

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

 

  1. Yoder asked Council members if they had anything further to bring before the Council.  C.A. Lazzaro asked about the progress on the Town Center Lease.  K. Bachman reported that we are working through the easements and amendments to the Bond Documents.  Discussion followed.  M. Sutter reported that originally the plan was to have the south emergency siren on top of the water tower at the Event Center.  I have been contacting some siren companies and found out that due to the buildings in the area that would not be a good location for the emergency siren so I am looking at possibly placing the siren at the Flea Market or MEC property.  K. Bachman noted that when the bonds were sold the plan was to place the siren on the water tower at the Event Center.  Due to the lease we need to remove the warning siren from the lease and we will need to know where the south siren will go.  Discussion followed.

 

  1. Yoder thanked L. Bontrager for chairing the last Council meeting and introduced the Town Council and Staff to Westview High School Government student Desiree Lippincott.  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.  L. Bontrager seconded the motion.  Motion carried.

 

 

________________________________________             _______________________________________

Roger D. Yoder, Council President                                         C. Arlene Lazzaro, Council Member

 

 

________________________________________             _______________________________________

Elmer J. Mast, Council Member                                             J. Mike Wilcher, Council Member

 

 

________________________________________             _______________________________________

Ruth Ann Downey, Clerk-Treasurer                                       Lynn M. Bontrager, Council Member