SHIPSHEWANA TOWN COUNCIL
MARCH 14, 2019 6:00 P.M.
SHIPSHEWANA TOWN HALL
Roger D. Yoder Council Room
345 N. Morton Street
Shipshewana, IN 46565
PRESENT: Council; Elmer J. Mast, Tad T. Hite, C. Arlene Lazzaro, Joshua A. Weimer, Zachary J. Stoltzfus.
Staff; Robert W Shanahan, Chad L. Miller, Tom M. Fitch II, Juan Carlos Jasso, Casey Erwin, Kurt R. Bachman, Ruth Ann Downey. Public; Lyle Miller, Christine A. Yoder, George Bachman, Ben Miller.
Council President T. Hite 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 Z. Stoltzfus led the pledge.
PUBLIC HEARING REGARDING RE-ESTABLISHMENT OF CCD & CUM FIRE FUNDS
- Hite opened the public hearing portion of the meeting. Clerk-Treasurer R. Downey reported that each Cum Fund has a set tax rate, and that tax rate drops over time. Re-establishment of these Funds allows the Town to capture the maximum amount allowed. T. Hite asked for public input. There being no public input T. Hite closed the public hearing portion of the meeting.
MOTION: E. Mast made a motion to accept the agenda with flexibility. C.A. Lazzaro seconded the motion. Motion carried.
POLICE DEPARTMENT SERVICE AWARD PRESENTATION: Marshal T. Fitch II presented Sergeant J.C.
Jasso with an award for 15 years of Full-time service to the Town of Shipshewana Police Department.
POLICE DEPARTMENT EQUIPMENT PURCHASE: T. Fitch II gave a power point presentation regarding equipment for the Police Department. Equipment to be purchased from the CCD Fund includes Tasers with holsters, Body Armor, Bruzer Less Lethal Pistols and holsters, and AED’s at a total cost of $34,460.00. Discussion followed.
PUBLIC HEARING REGARDING ADDITIONAL APPROPRIATIONS
- Hite opened the public hearing portion of the meeting. R. Downey reported that the Additional Appropriations request include funding for the 2019 Street Improvements (2018 CCMG) and the Public/Trail Restroom project. T. Hite asked for input from the public. There being no public input T. Hite closed the public hearing portion of the meeting.
POLICE DEPARTMENT EQUIPMENT PURCHASE: T. Fitch II reported that he is asking approval for the Tasers at $14,319.00 and the Bruzer Less Lethal Pistols with holsters at $6,291.00 for a total cost of $20,610.00. Discussion followed.
MOTION: J. Weimer made a motion authorizing the Town Marshal to purchase 9 Taser’s with holsters from Axon Enterprise, Inc. at a cost of $14,319.00 and to purchase 9 Bruzer Less Lethal Pistols with holsters from Bruzer Less Lethal International at a cost of $6,291.00 for a total cost of $20,610.00 to be paid from the CCD Fund. E. Mast seconded the motion. Motion carried.
FIRE DEPARTMENT REPORT: Fire Chief, C. Miller reported that there were 36 Fire Runs in February; 5 -structural fires, 16 - medic assists, 6 - cancelled in route, 2 - false alarms, 1- standby fire, 4 - CO checks, 1 - brush fire and 1 - vehicle fire. Annual ladder testing will be done in April and the Fire Department Annual Fish Fry will be held on April 13th at the MEC from 4 – 8 p.m. The new computer for the Fire Department arrived today and will be used for reporting. Discussion regarding truck repair followed.
2019 STREET IMPROVEMENTS (2018 CCMG): C. Erwin of DLZ Engineering reported that Bids had been opened and taken under advisement for the 2019 Street Improvements at the March 12th Special Town Council Meeting. C. Erwin provided Council Members with a Certified Bid Tab, Contractor’s Form 96 and Preliminary Award Letter for Niblock Excavating, Inc., the lowest responsible bidder. Discussion followed.
MOTION: Z. Stoltzfus made a motion to accept the bids for the 2019 Street Improvements (2018 CCMG) as stated in the certified bid tabulation, to accept and sign Form 96 from Niblock Excavating Inc. as the lowest responsible bidder, and to authorize the Council President to sign the Notice of Preliminary Award with a contract price of $1,239,262.00 which includes the If Ordered Work. C.A. Lazzaro seconded the motion. Motion carried.
LIVING WATERS BUILDING PROPOSAL/BZA RECOMMENDATION: B. Shanahan referred Council Members to their paperwork for a map showing the location of a proposed development at 250 E Berkshire Drive along with a hand drawn site plan for a strip mall and reported that this proposal is on the next County BZA Agenda. The BZA will want a recommendation regarding this project from the Town Council. Discussion followed.
Living Waters representative B. Miller withdrew his request from the Council.
Council President T. Hite tabled Review of the Town of Shipshewana Purchasing Policy and Financial Service Quotes for Establishment of a Fire Territory.
ORDINANCE TO RE-ESTABLISH CUM FIRE FUND: President T. Hite introduced AN ORDINANCE TO RE-ESTABLISH A CUMULATIVE FIREFIGHTING BUILDING AND EQUIPMENT FUND UNDER INDIANA CODE 36-8-14. Council Member E. Mast 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 “ II-F-1-b(46)” and having been read in full, and the provisions of the same having been considered by the Council, Council Member E. Mast made a motion, seconded by Council Member C.A. Lazzaro, 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(46)” at this meeting, be suspended and that said Ordinance be placed on its final passage. Motion carried.
“II-F-1-b(46)” having been read in full was than 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, C. Arlene Lazzaro, Joshua A. Weimer, Zachary J. Stoltzfus, Tad T. Hite.
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(46)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.
ORDINANCE TO RE-ESTABLISH CCD FUND: President T. Hite introduced AN ORDINANCE TO RE-ESTABLISH A CUMULATIVE CAPITAL DEVELOPMENT FUND UNDER INDIANA CODE 36-9-15.5. Council Member E. Mast made a motion, seconded by Council Member Z. Stoltzfus, 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(45)” and having been read in full, and the provisions of the same having been considered by the Council, Council Member E. Mast made a motion, seconded by Council Member C.A. Lazzaro, 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(45)” at this meeting, be suspended and that said Ordinance be placed on its final passage. Motion carried.
“II-F-1-b(45)” 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, Zachary J. Stoltzfus, C. Arlene Lazzaro, Joshua A. Weimer, Tad T. Hite.
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(45) having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.
ADDITIONAL APPROPRIATION ORDINANCE: President T. Hite introduced AN ORDINANCE APPROPRIATING ADDITIONAL FUNDS. Council Member E. Mast made a motion, seconded by Council Member J. Weimer, 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(575)” and having been read in full, and the provisions of the same having been considered by the Council, Council Member E. Mast made a motion, seconded by Council Member C.A. Lazzaro, 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(575)” at this meeting, be suspended and that said Ordinance be placed on its final passage. Motion carried.
“II-F-1-d(575)” 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, Joshua A. Weimer, C. Arlene Lazzaro, Zachary J. Stoltzfus, Tad T. Hite.
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(575)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.
APPROPRIATION TRANSFER ORDINANCE: President T. Hite introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL, TIF, MVH AND CCD FUNDS. Council Member E. Mast 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(577)” and having been read in full, and the provisions of the same having been considered by the Council, Council Member E. Mast made a motion, seconded by Council Member C.A. Lazzaro, 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(577)” at this meeting, be suspended and that said Ordinance be placed on its final passage. Motion carried.
“II-F-1-d(577)” 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, C. Arlene Lazzaro, Joshua A. Weimer, Zachary J. Stoltzfus, Tad T. Hite.
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(577)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.
ANNUAL SOFTWARE RENEWAL FOR UTILITIES & TOWN BOOKS: R. Downey referred Council Members to their paperwork and reported that the one-page Maintenance Terms & Conditions Acceptance Form from Boyce Systems is for the annual renewal of the Town Utility Billing Software and the Key Fund program for the Town Books at a total cost of $5,070.00. Discussion followed.
MOTION: C.A. Lazzaro made a motion to approve the Boyce Systems Maintenance Terms & Conditions Acceptance for the Town Utility Billing and the Town Books as presented for a total renewal and maintenance fee of $5,070.00. J. Weimer seconded the motion. Motion carried.
FINANCIAL REPORT: R. Downey referred Council Members to their paperwork for the February Fund Report and reminded members that there will be a Public Hearing at the March 28th Council Meeting for Additional Appropriations for the SR 5 South sidewalk project. Public Notice has been placed in the paper regarding the Town’s intent to file an application with the USDA Rural Development to seek a grant for a Preliminary Engineering Report for the WWTP, which will also be considered at the March 28th Council meeting. R. Downey requested a motion regarding the Claims Register and February Bank Reconciliation. Discussion followed.
MOTION: C.A. Lazzaro made a motion to approve the February Bank Reconciliation and the March 14, 2019 Claims Register as presented. E. Mast seconded the motion. Motion carried.
TOWN COUNCIL TABLET REPORT: T. Hite reported additional fees for Council Tablets as follows: security $6.00, and online sharing $1.00. The current fee is $5.00 for e-mail. These will be monthly fees per tablet. Discussion followed.
MOTION: Z. Stoltzfus made a motion to add a monthly fee of $6.00 for security and a $1.00 one drive fee to the current fee of $5.00 for e-mail for Council Members. J. Weimer seconded the motion. Motion carried.
MINUTES VS MEMORANDA: Discussion followed regarding format, file sharing, and information visibility.
MOTION: J. Weimer made a motion to change from minutes to memoranda for Council meeting records effective March 28, 2019. Z. Stoltzfus seconded the motion. Motion carried.
MOTION: C.A. Lazzaro made a motion to approve the February 14th and February 28th Council meeting minutes as presented. J. Weimer seconded the motion.
TOWN MANAGER REPORT: B. Shanahan reported that quotes to repair the Vac-truck that the Police Department received through the military surplus program will be presented at the March 28th meeting.
ATTORNEY REPORT: K. Bachman had nothing further to report.
- Hite asked if anyone had any further business to bring before the Council.
- Bachman invited Town Manager, B. Shanahan to the LaGrange County Redevelopment Commission meeting next Friday at 9 a.m. in the County Annex Building for a discussion regarding the TIF area just to the south of Shipshewana. Discussion followed.
- Yoder thanked the Council for awarding her the 2018 Quality of Life Award and expressed concern regarding the potential for loss of transparency by changing from minutes to memoranda. Discussion followed.
There being no further business to come before the Council T. Hite asked for a motion to adjourn.
MOTION: C.A. Lazzaro made a motion to adjourn. E. Mast seconded the motion. Motion carried.
