April 12, 2018 Council Meeting Minutes

SHIPSHEWANA TOWN COUNCIL

APRIL 12, 2018  6:00 P.M.

SHIPSHEWANA TOWN HALL

Roger D. Yoder Council Room

345 N. Morton Street

Shipshewana, IN  46565

 

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

Staff; Robert W. Shanahan, Kurt R. Bachman, Tom M. Fitch II, Ruth Ann Downey.  Public; Guy Thompson, Marvin Yoder, Charles Wray.  COUNCIL ABSENT:  Tad T. Hite.

 

Council President, E. Mast called the meeting to order, noted that Council Member Tad T. Hite was absent with all other Council Members being present.

 

INVOCATION & PLEDGE:  J.M. Wilcher gave the invocation and C.A. Lazzaro led the pledge.

 

PUBLIC HEARING FOR ADDITIONAL APPROPRIATIONS

 

Council President, E. Mast opened the public hearing and asked Clerk-Treasurer, R. Downey to give a summary of the Additional Appropriation Request.   R. Downey reported we are requesting appropriations in the amount of $75,000.00 in the Town Center Operating Fund to be used for utilities and professional services.  E. Mast asked for input from the public.  There being no public input E. Mast closed the public hearing portion of the meeting.

 

Council President, E. Mast welcomed everyone and asked that they sign in, agendas were available.

 

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

 

MAYFEST STREET CLOSURE REQUEST:  C. Wray referred Council Members to their paperwork for the Street Closure Requests for Mayfest, 2018.  (See attached.)  Our theme this year is “Tearin Up The Town”.  Street closures will begin on Thursday May 3rd for the food vendors and run through Saturday, May 5th for the parade route, buggy races and garden tractor pulls.  We are also requesting that the Wolfe Building Parking Lot be closed after the Friday evening concert.  E. Mast noted that the street closure requests were similar to requests made in the past and encouraged them to work closely with the Police Department.  Discussion followed.

 

MOTION:  C.A. Lazaro made a motion to approve the Street Closure requests as presented by Charles Wray in the April 4, 2018 letter to the Shipshewana Town Council for the period of May 3 through May 5 for the Mayfest activities.  L. Bontrager seconded the motion.  Motion carried.

 

ORDINANCE FOR ADDITIONAL APPROPRIATIONS:  R. Downey reported that $52,500.00 will be appropriated for Professional Services and $22,500.00 for Utilities in the TCO Fund.

 

President E. Mast introduced AN ORDINANCE APPROPRIATING ADDITIONAL FUNDS.  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(552)” 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 J.M. Wilcher.  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(552)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(552)” 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, J. Mike Wilcher, C. Arlene Lazzaro, Elmer J. Mast

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

 

MOWER PURCHASE:  B. Shanahan referred Council Members to their paperwork for three mower quotes as follows:  Wana Engine Center, Inc. of Shipshewana, IN – $11,731.00;  Stutzman Power Equipment, LLC of Shipshewana, IN – $12,249.00; and GreenMark Equipment, Inc. of LaGrange, IN – $12,693.40.  B. Shanahan reported that the Town has two mowers that are rotated out every two years.  The Wana Engine quote is for an Exmark with a 26 HP gas engine and a 72” cut, there is no trade-in allowance.  The Stutzman Power Equipment quote is for a Kubota with a 30.8 HP diesel engine, 72” cut and allows for a trade in of our 2008 Kubota.  The GreenMark quote is for a John Deere 39 HP diesel engine, 72” cut and allows for a trade in of our 2008 Kubota.  GreenMark also has an additional 1-year warranty included in the price.  Although GreenMark is not the low quote my recommendation is that the Council approve the purchase of the John Deere mower at a cost of $12,693.40.  R. Downey reported that this purchase would be made from our Food & Beverage Tax Fund.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to purchase the John Deere mower from GreenMark at a cost of $12,693.40, they have an additional 1 year warranty and more horse power making them the most responsive and responsible bidder.  L. Bontrager seconded the motion.  Motion carried.

 

WAGE & SALARY ORDINANCE AMENDMENT:  B. Shanahan reported that Administrative Assistant, Charity Elliott officially took on the additional duties of Human Resource Manager about six months ago.  C. Elliott has received a positive review and I am recommending a $1.50 per hour raise, this Ordinance will be retroactive to April 9, 2018.  Discussion followed.

 

President E. Mast introduced AN ORDINANCE AMENDING WAGE AND SALARY ORDINANCE II-F-1-d(2) FOR TOWN EMPLOYEES FOR THE CALENDAR YEAR 2018.  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(551)” 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 J. Mike Wilcher, 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(551)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(551)” 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, J. Mike Wilcher, Elmer J. Mast

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

 

ARI – TAX ABATEMENT COMPLIANCE REPORT:  B. Shanahan reported the Compliance with Statement of Benefits paperwork had been received from ARI/C.R.S. Investments, LLC. for 2018 pay 2019.  They are a semi-sleeper company, they estimated 52 employees and have 47, they estimated $2,704,000.00 in wages and they have $2,661,528.00.  They are a good company and are substantially in compliance with their estimates.  Council President, E. Mast has signed the appropriate paperwork and copies have been mailed or hand delivered to the other taxing entities involved.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to accept and approve the ARI Tax Abatement Compliance paperwork as submitted.  L. Bontrager seconded the motion.  Motion carried.

 

TIF ANNUAL REPORT:  R. Downey reported according to TIF reporting requirements the Redevelopment Commission must file its Annual Report with the Fiscal Body no later than April 1st.  Therefore, the Town Council was sent the March 28, 2018 TIF Annual Report To Fiscal Body that was prepared by Financial Solutions Group, Inc. via e-mail on March 28th.   In the transmittal letter it states that the Commission will have sufficient TIF revenue to pay debt service on the outstanding bonds.  We will also be using TIF Revenue for the SR 5/Farver Street road and sidewalk improvement projects.  Therefore, for taxes payable in 2018, there is no excess captured assessed value to pass onto the other taxing units.  This report has been submitted on Gateway to meet the April 15th submission deadline.  Discussion followed.

 

MOTION:  L. Bontrager made a motion acknowledging receipt of the 2018 TIF Annual Report to Fiscal Body on March 28th and to accept the report as presented.  C.A. Lazzaro seconded the motion.  Motion carried.

 

SUMMER HELP & INTERNS:  B. Shanahan reported that we are actively seeking Interns from Trine University and looking for Summer Help for mowing, etc.  So far, we have received one response from an interested Trine student.  According to the Wage and Salary Ordinance summer help can be paid between $8.00 and $15.00 per hour.  We thought we had someone for the mowing, but they were offered another position that pays more than the $15.00 per hour.  We are looking for individuals 18 years of age or older with a valid driver’s license.  Hopefully I will have some candidates for your consideration at the next Council meeting that is when you will establish the hourly wage for the positions.  Discussion followed.

 

PUMPKINVINE TRAIL REPAIRS:  B. Shanahan reported east of 1100 West along the Pumpkinvine Trail there is a concrete culvert that is eroding, it is a County drain.  I have been working with Rex Pranger from the County and they will pay for a portion of the project since it is a County drain.  I made the Park Board aware of this project at their meeting last evening and they approved a not to exceed amount of $12,000.00 for the repairs.  My hope is that this project will come in closer to ½ that cost, approximately 60’ of blacktop will need to be replaced.  I would like to continue working with the County to move this project forward.  R. Downey reported repairs will be paid from Food & Beverage Tax Funds.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion authorizing the expenditure of Food & Beverage Tax monies up to $12,000.00 for the Pumpkinvine Trail repairs this spring.  C.A. Lazzaro seconded the motion.  Motion carried.

 

COMMUNITY CROSSINGS GRANT UPDATE:  B. Shanahan reported that the Contract for the Community Crossings Grant was approved at the Special Town Council meeting on April 6th and a partial release for work was approved for part of the project.  Harrison Street has been closed and work on the water main replacement began on Monday April 9th   the water main is not part of the Community Crossings Grant project.   Harrison Street will remain closed through June as there will be replacement of sidewalks, curb and guttering along with the road.  API is doing a good job, I go to Harrison Street daily and have received no complaints so far.  DLZ has asked if we need an Engineer on site to report on the progress, this was done for the Talmadge Street project.  I have asked for a quote for this service and hopefully will have a number for you at the next meeting.  Discussion followed.

 

POLICE DEPARTMENT REPORT:  T. Fitch II reported that ARI is a good company, they are building a box for Katie’s car for free.  T. Fitch II reported a need to replace three 800 MHZ portable radios.  A refurbished radio can be purchased from Rocky Mountain Communications for $995.00 each, new ones run $2,500.00 per radio.  Rocky Mountain is a company we have used before and have been happy with.  ERS quoted $2,401.00 per radio new, but we can get three refurbished radios for $2,985.00 plus shipping.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion authorizing the purchase of three refurbished 800 MHZ radios from Rocky Mountain Communications at $995.00 each plus shipping for the Police Department.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Fitch II reported that the next request is for both the Police and Street Departments. We have had to borrow traffic cones and barricades from other communities in the past for our large events. The Police Department uses the cones for training and traffic control as well.  By working with the Street Department, we can order enough cones both 18” and 28” size to receive free shipping.  The cost from Public Safety Center for 600 cones is $5,974.00.  The Street Department will pay $2,288.00 and $3,686.00 will be paid by the Police Department.    I do have a quote from a second company, but they have $2,000.00 for shipping so the quote from Public Safety Center is the low quote.  I will split the cost between training, supplies and the Police Gift Fund for the Police Department part of the purchase.  Discussion followed.  T. Fitch pointed out that cones do get lost over time.  We have put out our 4” cones to block off parking spaces for parade routes and we have kids take them home after the parades.  We are working on getting a free trailer to store the cones and barricades on, so they will not have to be loaded and unloaded for every event.  Discussion followed.

 

MOTION:   L. Bontrager made a motion to purchase 600 traffic cones from Public Safety Center at a total cost of $5,974.00 with $3,686.00 being paid from various Police funds and $2,288.00 to be paid from the Street Department funds.  J.M. Wilcher seconded the motion.  Motion carried.

 

  1. Fitch reported that the March monthly Police Report is not done, thing have been very busy. We are still working on the burglary that I reported to you at the last meeting, and we have had a number of pursuits, a death, etc. Katie is in week #8 of 15 at the academy, her graduation will be on May 31st.  B. Shanahan reported that he plans on attending Katie’s graduation ceremony.  Discussion followed.

 

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

 

FINANCIAL REPORT:  R. Downey referred Council Members to their paperwork for the March Fund report along with Monthly Reports from the sewer, street and facilities departments.  Also, in your paperwork is information regarding the ILMCT Annual Conference and State Board of Accounts School that will be held in South Bend from June 10th through the 14th.  Since it is so close I plan on driving in each day.  The early registration cost for the full conference is $425.00.  A motion to approve my attendance would be appreciated.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion approving the attendance of the Clerk-Treasurer at the ILMCT Conference/SBOA School to be held in South Bend from June 10th through the 14th at a cost of $425.00 plus mileage and meals.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Downey reminded Council Members that Financial Consultant, Greg Guerrettaz will be here on April 26th and we will be holding an additional staff meeting at 3:30 p.m. to review the Sustainability Analysis and Utility Rate Reviews, our regular staff meeting will still begin at 5:00 p.m. R. Downey reported that we still need two people to serve on the Redevelopment Commission and two people to serve on our Park Board. Interested individuals must live within the Town Corporate limits and should contact the Town Hall.  Discussion followed.    R. Downey reported that Council Members should have received the March 8th and March 22nd Council meeting minutes.   Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the March 8th & March 22nd Council meeting minutes as submitted.  C.A. Lazzaro seconded the motion.  Motion carried.

 

  1. Downey requested a motion to approve the Claims Registers and March Bank Reconciliation Statements, there are no Adjustment Journals. Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the Claims Registers and the March Bank Reconciliation Statements.  L. Bontrager seconded the motion.  Motion carried.

 

TOWN MANAGER REPORT:  B. Shanahan reported that a meeting for the Redevelopment Commission will be scheduled soon to begin discussion regarding the use of TIF Revenues for the SR 5 Sidewalk Project and the SR 5/Farver Street Improvement projects.  At the Park Board meeting last evening a representative from Region 3-A was here and gave a report on the updated Park Master Plan, they had a good response from the Park Survey that was mailed out with our Utility Bills.  The next step in the process is to hold a Public meeting.  Region 3-A will be placing a notice in the paper for a Public meeting to be held in the Town Council meeting room at the Town Hall on April 30th beginning at 5:30 p.m.  This will be the first of two Public meetings regarding the Park Master Plan.  Discussion followed.

 

There being no further business to come before the Council, E. Mast asked for a motion to adjourn.

 

MOTION:  L. Bontrager made a motion to adjourn.  C.A. Lazzaro seconded the motion.  Motion carried.