April 6, 2018 Special Council Meeting Minutes

SPECIAL TOWN COUNCIL MEETING

APRIL 6, 2018 – 3:30 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.  Staff; Robert W. Shanahan, Casey Erwin, Kurt R. Bachman, Ruth Ann Downey.  ABSENT:  Council; J. Mike Wilcher, Tad T. Hite.

 

Council President, E. Mast called the meeting to order, noted that Council Members J. Mike Wilcher and Tad T. Hite were absent.

 

FINAL AWARD OF CONTRACT FOR COMMUNITY CROSSINGS GRANT PROJECTS:  Town Manager, B. Shanahan reported that API Construction who will be doing the Community Crossings Grant projects would like to get started on the project on Monday, April 9th.  We have had a Notice of Preliminary Award but not the Notice of Award or the Notice to Proceed.  One problem that we have is that we don’t have the money from INDOT yet, I talked to Mr. Armstrong from INDOT earlier this week and we had to make some paperwork corrections and clarifications regarding the project and that has been completed.  We would like to sign the contract and allow a limited notice to proceed on the part of the project that does not include Community Crossings Grant funds.

 

  1. Erwin reported that we opened the bids at one meeting and you took them under advisement. We reviewed the bids and brought back a recommendation to the Council and at the March 8th meeting the Council signed a Notice of Preliminary Award, contingent on the funds being received. Since then we have received word from API that they would like to start the project, which is good because they should be able to get a lot done before the busy season.  As Bob pointed out we do not have the Grant money available today, as part of the project some of the funds are coming from the Water Department, which is not grant eligible. There are funds available to put in the conduit for the lighting and that is not grant eligible.  Then you have the match money from the Town for the project.   The goal today is to make a formal award of the project for the total amount of the project.  The Contract will be for the total amount, but it will list Phase 1 which is the water main, conduit and storm sewer installation.  Phase 2 will be all other remaining contract items not listed in Phase 1.  The notice to proceed will just be for Phase 1 that includes the water main work and conduit that is not grant eligible and a portion of the underground work up to the Town match.  This allows API to move forward with the project until the Town receives the grant money.  The last document you will sign is the Notice to Proceed which is awarded for a portion of the work.

The spreadsheet on the back shows the total amount for Phase 1 is $284,767.50 of that $110,025.00 is for water mains, $14,650.00 is for the conduit work and $160,092.50 is the Town Match and is grant eligible work.  The first action item for the Council is to execute the Notice of Award to API Construction Corp. for the full Contract price of $868,232.90.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the Notice of Award for the Community Crossings Grant projects to API Construction Corp. for the full contract price of $868,232.90 and to sign the same.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Erwin reported that the contractor API has provided to us the Certificate of Liability Insurance, a Payment Bond, a Performance Bond, an E Verify Affidavit and Drug Policy. I am leaving a copy with the Clerk-Treasurer and I will keep a copy. The next item for the Council to consider is review, approval and execution of the Agreement Form which once again is for the full amount of the project for the 2018 Downtown Street Improvement Projects, once again in the Agreement Form we noted that this project will be done in two phases.   The last item for the Council’s consideration will be the Notice to Proceed.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to accept the Agreement Form between the Town of Shipshewana and API Construction Corp for the 2018 Downtown Street Improvement Projects for Phase 1 and Phase 2 as presented and to sign the same.  C.A. Lazzaro seconded the motion.  Motion carried.

 

  1. Erwin reported that the third and final action is the Notice to Proceed which is a portion of the agreement known as Phase 1 of the 2018 Downtown Street Improvement Projects.

 

MOTION:  L. Bontrager made a motion to approve the Notice to Proceed which is a portion of the agreement with API Construction Corp known as Phase 1 of the 2018 Downtown Street Improvement Projects.  C.A. Lazzaro seconded the motion.  Motion carried.

 

TOWN MANAGER REPORT:  B. Shanahan reported that API has requested that the Town approve closure of Harrison Street to vehicular traffic beginning on April 9th through substantial completion of the project which should be by the end of June.   The street will remain open to pedestrian traffic throughout the project.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to close Harrison Street from Middlebury Street to the alley on the South Side of the Davis Mercantile building to vehicular traffic beginning on April 9th through June 30th.  C.A. Lazzaro seconded the motion.  Motion carried.

 

  1. Shanahan reported that he has been in contact with the property owners along Harrison Street and all are aware of the street closure request, we have also had a good response regarding the removal of old driveways. I think we have done the very best we can in notifying everyone about the project. E. Mast reported that he saw a post at least twice from the Harrison Street shops letting people know the street will be closed but they will be open for business.  Discussion followed.  B. Shanahan reported that the parking pattern on Harrison Street has not been fully addressed, the plan is that the street will be one way going North but that still needs to be approved by the Council.  Discussion followed.
  2. Shanahan reported that through the Police Department and the Military Surplus Program the Town will be receiving a street sweeper next week, we know that it runs. We will have to pay $1,800.00 to get it here and we will have it checked out before we put it on the street at $65.00 per hour. The street sweeper is valued at $95,000.00, even if there are a few repairs it is an excellent value.  Our current street sweeper is on its’ way out, but we plan on keeping our current sweeper to use when there is a lot of stone, etc. on the roads.  We hope to get a vac-truck through the same program, new ones are valued at over $200,000.00.  Discussion followed.

 

  1. Shanahan reported that the contract with Worldwide Auction for the sale of the Hudson Cars is not finalized. The Hostetler family wants to add some of their cars and memorabilia to our auction. I am bringing this to the Council for your approval, the contract would need to be amended and we would need to be sure that we receive what we should, and that the Hostetler’s receive what they should.  B. Shanahan noted that he did not see where the contract minimum guarantee had been upped to $3,000,000.00 since we will be adding 5 more cars to the auction.  K. Bachman reported that the guaranteed minimum had not been increased because he was not sure what number we wanted to put in the Contract.   Discussion followed.  B. Shanahan reported after revisions are made to the Contract we will submit it to Worldwide Auction for final approval, this will not affect the Auction date of August 4th.   I have had people inquire about going in and looking at the cars, but I have told them that all needs to be done through the auction company, the museum is closed.  Discussion followed.   B. Shanahan reported that in addition to 5 more cars from the Hostetler Estate they also want to gift 5 acres of property.  We still need to establish a value for the property and determine easements to the property so that it is not landlocked.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion authorizing the Town Manager to contact Worldwide Auction to allow the addition of the Hostetler Family Estate Cars and Memorabilia to the Auction for the Hudson Cars scheduled for August 4, 2018.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Mast asked if anyone had anything further to bring before the Council.

 

  1. Erwin reported that next week we hope to have some preliminary documents for the Council’s consideration containing updated costs and concepts associated with the public restrooms, whether they stay at their current location or move over to the Town Park Area. Discussion followed regarding the fact that public projects must be industrial grade and it is difficult finding contractors that meet the requirements for a public project when the project is small.  C. Erwin reported that often the contract is not big enough to get competitive pricing and the bid process pushes the small guy away.  Discussion followed.

 

  1. Shanahan reported that we will have a repair project on the Pumpkinvine Trail, there is a County drain that needs replacement, so the County will help with the repair cost, but the Pumpkinvine Trail will need to be shut down during the repairs. Discussion followed. L. Bontrager reported that the Friends of the Pumpkinvine have a program to help with costs for the trail surface repair.  Discussion followed.

 

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

 

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