December 14, 2017 Council Meeting Minutes

TOWN COUNCIL MEETING

DECEMBER 14, 2017  6:00 P.M.

SHIPSHEWANA TOWN HALL

Roger D. Yoder Council Room

345 N. Morton Street

Shipshewana, IN  46565

 

PRESENT:  Council; C. Arlene Lazzaro, Elmer J. Mast, Tad T. Hite, Lynn M. Bontrager.  ABSENT:  Council; J.M. Wilcher.  PRESENT:  Staff; Robert W. Shanahan, Kurt R. Bachman, Juan Carlos Jasso, Ruth Ann Downey.  Public; Guy Thompson, Ryan Riegsecker, Joanna King, Beth Thornburg, Laurie Sherck, Andre Yoder, Abraham Jones, Austin Hostetler, Maddie Sherman.

 

C.A. Lazzaro called the meeting to order, noted that Council Member J. Mike Wilcher was absent with all other Council Members being present.  C.A. Lazzaro welcomed everyone and asked that they sign in.  Agendas were available.

 

INVOCATION & PLEDGE:  L. Bontrager gave the invocation and E. Mast led the pledge.

 

MOTION:  E. Mast made a motion to accept the agenda with flexibility.  T. Hite seconded the motion.  Motion carried.

 

OLD BUSINESS: 

DEDICATION OF RIGHT-OF-WAY – FARVER STREET:  B. Shanahan reported that due to the upcoming road construction project we will need additional right-of-way.  I am requesting that this item be tabled until the December 28th Council meeting.

 

MOTION:  T. Hite made a motion to table the Dedication of Right-of-Way for Farver Street until the December 28th Council meeting.  E. Mast seconded the motion.  Motion carried.

 

ANNEXATION ORDINANCE – 2ND READING:  B. Shanahan reported that a Public Hearing had been held on November 9th for the annexation of the MEC property and surrounding area.  The Fiscal Plan for this annexation was adopted at the November 9th council meeting.  All affected property owners were properly notified, and no public input was received at that meeting.  Tonight, is the second reading of the Annexation Ordinance, after it is passed the Ordinance and Fiscal Plan will be recorded.  Discussion followed.

 

C.A. Lazzaro requested that AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SHIPSHEWANA, INDIANA ANNEXING CERTAIN TERRITORY TO THE TOWN OF SHIPSHEWANA, INDIANA FOLLOWING RECEIPT OF A VOLUNTARY PETITION, PLACING THE SAME WITHIN THE CORPORATE BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE TOWN OF SHIPSHEWANA, INDIANA (THE “MEC ANNEXATION”) DESIGNATED AS “III-B-1-a(37)” be placed on second reading.  “III-B-1-a(37)” 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 third reading be waived and that all rules of the Council, which unless suspended, might prevent the final passage and adoption of “III-B-1-a(37)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“III-B-1-a(37)” 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, Elmer J. Mast, Tad T. Hite, C. Arlene Lazzaro.

NAYS:  – 0 –

 

There being present at said meeting at least two-thirds of the members elect of the Town Council and “III-B-1-a(37)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

NEW BUSINESS:

FRIENDS OF THE CAR MUSEUM UPDATE:  J. King thanked the Council for their time and noted that the Friends of the Car Museum, which is composed of The Blue Gate Hospitality Group, Town of Shipshewana residents, Museum Consultants, business owners, the Town Manager and Town Council Members have spent the past five months on this project.  We have also conferred with an attorney.  I have a better understanding of the financial situation and operation of the Museum.  J. King made the following observations and recommendations.  Expand the Car Museum Board from 4 members to include individuals that are familiar with museums, antique cars, and tourism.   J. King reported after reviewing past financial documents and looking at the current funding sources including but not limited to the operating fund, the endowment, and the innkeepers tax.  It is my opinion that the museum is not in financial hardship and I would encourage the Council to confer with their financial consultant on this matter.  The Riegsecker group is still interested in housing the museum on their property and their marketing and management would be invaluable in the future of this project. I have two individuals that have recently stepped up and would like to be involved in the continuation of the museum.  Both individuals have knowledge and experience in car museums, both as curators and resource development.   R. Riegsecker commended J. King for all her work. There is no clear answer, I would love to see the Car Museum succeed, but the Blue Gate is not the total answer, just a part of the solution.  We would be happy to be the landlord and continue working with you.  Discussion followed.

 

POLICE DEPARTMENT REPORT:  J. C. Jasso referred Council Members to their paperwork for a Vacation Carry Over request for Corporal Nicholas M. Byroad and Marshal Tom Fitch II.  The request is to carry over 3 vacation days each.  N. Byroad’s vacation time would be used within the first week of January and T. Fitch II will use                                                                                                                 his days in the first quarter of 2018.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the Police Department Vacation Carry-over request as presented; 3 days for Tom Fitch II and 3 days for Nicholas M. Byroad.  T. Hite seconded the motion.  Motion carried.

 

CAR CAMERA PURCHASE:  J.C. Jasso reported that we have been switching to new car video cameras and about half of our cars have the new cameras in them.  With the old system we have to copy the video to a DVD with the new cameras they use a hard drive.  J.C. Jasso referred Council Members to their paperwork for a quote from Watch Guard and reported that the new car camera cost comes to $5,795.00 per vehicle.  We did budget for the purchase of one camera from the CCD Fund this year.  Discussion followed.

 

MOTION:  E. Mast made a motion to purchase one car camera for the Police Department from Watch Guard at a cost of $5,795.00 to be paid from the CCD Fund.  L. Bontrager seconded the motion.  Motion carried.

 

POLICE REPORT CONTINUED:  J.C. Jasso referred Council Members to the October and November 2017 monthly Police Reports and asked if there were any questions.  There being no questions from the Council J.C. Jasso reported that we have encountered some dynamic traffic flow effects now that the MEC has opened and is holding events.  We are searching for a solution that will make a difference in the traffic flow.  Discussion followed.

 

BLUE STAR CONTRACT AMENDMENT – FIRE DEPARTMENT ADDITION:  T. Hite reported that in the original Blue Star Contract no users were included for the Fire Department.  The cost per user is $70.00 per month and they will have 3 users which increases the monthly tech support cost by $210.00.  K. Bachman noted that this appears to be an oversight by the tech committee, you are just adding additional users.  Discussion followed.

 

SERVER QUOTE:  T. Hite referred Council Members to their paperwork for a quote from Blue Star for a new server and equipment upgrades at various Town buildings, so they can have access to the internet for a total cost of $24,716.91.  Discussion followed.  The question was raised whether wireless internet was necessary at all of the Town buildings.  It was pointed out that consideration for the server could still be given by making a not to exceed motion so should the Tech Committee decide all of the equipment is not needed at all of the buildings the new server could still move forward.  The total cost for the server is $17,571.91 the balance of $7,145.00 is for additional equipment at Town buildings.  Discussion followed.

 

MOTION:  L. Bontrager made a motion authorizing the Council President to sign the proposal from Blue Star for the Server & Network Upgrade at a not to exceed amount of $24,716.91 and for the Tech Committee to make the determination regarding the need for equipment at Town buildings.  E. Mast seconded the motion.  Motion carried.

 

  1. Hite reported that he had been researching various types of e-mail accounts and their features such as archiving, etc. I am requesting that the Council give K. Bachman the authority to review these various types of e-mail accounts to make sure that we are in compliance. K. Bachman noted that his office would be willing to look into the various options.  T. Hite reported that the Tech Committee has been researching phone systems for the Town Hall.  Teledata has an upgradeable system that could be installed, and we can use the existing phone lines or sip trunks, this will not be a 2017 expenditure.  Teledata quoted $3,275.00 for the equipment, phones and installation.  We will need two more phones for the Fire Station at an additional cost of $260.00 and an additional button box for the Town Hall at a cost of $105.00 making the total cost $3,640.00.  There will be no annual fees or monthly licensing.  B. Shanahan reported that he had looked into the current phone system for the Town, it was installed in 2003 and you can’t leave a message.  Technology has moved forward, and our current system cannot be upgraded.  The system from Teledata is a good system.  T. Hite reported that Teledata also works with Blue Star.  Discussion followed.

 

MOTION:  E. Mast made a motion to purchase a new phone system for the Town Hall and Fire Station from Teledata at a total cost of $3,640.00 subject to approval of the 2018 Budget.  L. Bontrager seconded the motion.  Motion carried.

 

ESTABLISHMENT OF COMMUNITY CROSSINGS GRANT FUND:  R. Downey reported that INDOT has awarded the Town up to $690,000.00 of Community Crossings Grant money for road improvements in 2018.  When this money is received by the Town it must be kept in a separate fund.  This evening I am requesting your consideration for the establishment of the Community Crossings Grant Fund for the Town of Shipshewana.

 

C.A. Lazzaro introduced AN ORDINANCE CREATING A COMMUNITY CROSSINGS GRANT FUND.  Council Member L. Bontrager 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-1-b(43)” 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(43)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-b(43)” 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, Elmer J. Mast, Tad T. Hite, C. Arlene Lazzaro

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

 

  1. Shanahan reported that we have had our initial meetings with INDOT and the deadline to have a contract signed and delivered to them for the Community Crossings projects is April 15th. We are working on some issues on Talmadge Street but hope to be ready to take bids in January, so we are sure to meet the April 15th deadline.

 

TOWN 2018 HSA CONTRIBUTIONS:  B. Shanahan reported that in October the Town made a motion approving an annual HSA Contribution of $2,000.00 to Town Employee’s HSA accounts if the Town Employee is on the Town’s Health Insurance.  A determination was not made regarding the distribution of these funds.  Discussion followed.  R. Downey asked the Council to consider making the HSA contribution monthly, not all at once since I make a deposit to their account monthly from their payroll withholding.  Once the money is deposited into the individuals account it is their money to be used for medical expenses.   Discussion followed.

 

MOTION:  E. Mast made a motion to divide the $2,000.00 Town HSA contribution by 12 and make deposits to the employee accounts monthly.  L. Bontrager seconded the motion.  Motion carried.

 

STORM WATER BOND REFINANCING:  R. Downey referred Council Members to their paperwork for a letter dated December 7, 2017 from Financial Solutions Group, Inc. (FSG) regarding the Storm Water Bond Refinancing.  The Council had approved refinancing of the Storm Water Bonds and FSG had sent out requests for proposals to purchase new bonds to refinance the 2004 Storm Water Bonds.  They only received one proposal and the savings amount came to $8,000.00 rather than the estimated savings of $25,000.00.  In their letter they explain that they believe the reason only one proposal was received at a higher interest rate than expected was mainly due to the proposed federal tax law changes and the possible impact to municipal bonds. They are recommending that the Town wait until after January 1, 2018 to review possible refinancing of the Storm Water Bonds.  Discussion followed.

 

BEFORE CHRISTMAS HOLIDAY GIFT CERTIFICATES:  R. Downey referred Council Members to their paperwork for the Before Christmas Holiday Gift Certificate list and reported that the Town has done this for many years.  The individuals on the list include Police Reserve Officers, the Crossing Guard and Custodian.  These gift certificates may be used at any store within the Town corporate limits.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the Before Christmas Holiday Gift Certificate list as submitted.  T. Hite seconded the motion.  Motion carried.

 

2017 EMPLOYEE BONUSES:  R. Downey referred Council Members to their paperwork for the 2017 Proposed Employee Bonuses.  R. Downey reported that the Town has given Employee Bonuses in the past and that bonuses are pro-rated if the employee has not been with the Town for a full year.  Discussion followed.

 

MOTION:  T. Hite made a motion to approve the 2017 Town Employee Bonuses as submitted.  L. Bontrager seconded the motion.  Motion carried.

 

2018 WAGE & SALARY ORDINANCE:  R. Downey reported Council and Storm Water Board Members along with Firefighters receive no increase in this Ordinance.  Most of the employees will receive a 2% wage increase and we have a couple of Police Officers that will receive a 5% wage increase.  Discussion followed.

 

President C.A. Lazzaro introduced AN ORDINANCE ESTABLISHING WAGES AND SALARIES FOR TOWN EMPLOYEES FOR THE CALENDAR YEAR 2018.  Council Member E. Mast 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(2)” 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(2)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(2)” 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, Lynn M. Bontrager, Tad T. Hite, C. Arlene Lazzaro

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(2)” 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 only moving money from one-line item to another so that appropriations are not left in the negative.

 

President C.A. Lazzaro introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL, TIF, MVH, PARK, FOOD & BEVERAGE TAX, CCD AND FIRE FUNDS.  Council Member E. Mast 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(545)” 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(545)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(545)” 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, Lynn M. Bontrager, Tad T. Hite, C. Arlene Lazzaro

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

 

PURCHASE OF CHAIRS FOR WOLFE BUILDING:  B. Shanahan referred Council Members to their paperwork for a picture of the chair that he was proposing be purchased for the Wolfe Community Building.  B. Shanahan reported that the current chairs in the Wolfe Building are in bad shape and the Park Board has recommended that they be replaced.  There has been $3,000.00 set aside in the Food & Beverage Tax Fund for Wolfe Building Improvements.  Sam’s Club is where we found these chairs to be the least expensive at 19.98 each and they are rated up to 500 pounds.  We would be able to purchase 150 chairs for $2,997.00, they are stackable, and can be picked up at the Sam’s Club in Goshen.  Discussion followed.

 

MOTION:  T. Hite made a motion to purchase 150 chairs for the Wolfe Community Building at a cost of $19.98 per chair for a cost not to exceed $3,000.00 to be paid from the Food & Beverage Tax Fund from Sam’s Club in Goshen.  E. Mast seconded the motion.  Motion carried.

 

CLERK-TREASURER & BLANKET BOND APPROVAL:  R. Downey reported that it is renewal time for Public Employees and Public Officials Bonds.  We have a Blanket Bonds that covers the Town Manager, Utility Billing Clerk, Administrative Assistant and our Redevelopment Commission Members and then a separate bond for the Clerk-Treasurer.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve the Public Employees Blanket Bond and the Clerk-Treasurer’s Bond as presented and for the Council to sign the same.  L. Bontrager seconded the motion.  Motion carried.

 

ANNUAL CERTIFICATION NEPOTISM & CONFLICT OF INTEREST:  B. Shanahan reported that he had a Uniform Conflict of Interest Disclosure Statement to present to the Council on behalf of Fire Chief, Chad Miller.  C. Miller is the appointed Fire Chief for the Town of Shipshewana and has his own lawn care business, Precision Turf Care, LLC.  Precision Turf Care does provide some lawn care services for the Town.  I am asking this Uniform Conflict of Interest Disclosure Statement be accepted by the Town Council and signed by the Council President. Discussion followed.

 

MOTION:  T. Hite made a motion to accept the Uniform Conflict of Interest Disclosure Statement as submitted, and to allow Precision Lawn Care to continue providing services for the Town and authorized the Council President to sign the same.  E. Mast seconded the motion.  Motion carried.

  1. Downey reported it is also time for Council Members and myself to sign the Annual Certification of Elected Official to the President of the Town Council regarding compliance with the Town Nepotism Policy and for the Town Council to sign regarding Compliance with the Town Contract Disclosure Policy. Discussion followed.

 

MOTION:  E. Mast made a motion that Annual Certification of Elected Officials regarding compliance with the Town Nepotism and Contract Disclosure Policies be signed by the appropriated Elected Officials and authorized the Council President to accept and sign these forms outside of the Council meeting.  T. Hite seconded the motion.  Motion carried.

 

VACATION CARRY-OVER REQUEST WASTEWATER UTILITY:  R. Downey referred Council Members to their paperwork for a vacation carry-over request from WWTP Superintendent, Sean Neeley.  Sean likes to ice fish and would like to carry over 4.5 days of his vacation time to be used during the months of January or February.   Discussion followed.

 

MOTION:  E. Mast made a motion to approve the vacation request carry-over from 2017 to 2018 for 4.5 days for WWTP Superintendent, S. Neeley as presented.  T. Hite seconded the motion.  Motion carried.

 

2018 BOARD & COMMITTEE APPOINTMENTS:  B. Shanahan referred Council Members to the Board and Committee Appointments for 2018.  These appointments will be made at the December 28th Council Meeting.  Items highlighted in yellow are up for re-appointment.  I will be contacting these individuals to see if they are willing to serve again, I will also serve in the positions that Mike Sutter was serving in.  B. Shanahan encouraged Council Members to look at their Liaison positions to determine if any changes should be made there.  Discussion followed.

 

FINANCIAL REPORT:  R. Downey reported that Council Members should have received the October 26, 2017 Council Minutes.  Discussion followed.   C.A. Lazzaro asked for a motion to approve the October 26th Council minutes.

 

MOTION:  E. Mast made a motion to approve the October 26, 2017 Council minutes as presented.  T. Hite seconded the motion.  Motion carried.

 

  1. Downey referred Council Members to the 2018 Town Engineering Services Proposal from DLZ and for the 2018 Contract for Legal Services from Beers, Mallers, Backs, & Salin, LLP. R. Downey reported that engineering services have increased on average less than 2%. The attorney retainer has remained the same and the hourly rate is $175.00.  Discussion followed.

 

MOTION:  T. Hite made a motion to approve the proposal for 2018 Town Engineering Services from DLZ as submitted.  L. Bontrager seconded the motion.  Motion carried.

 

MOTION:  E. Mast made a motion to approve the Contract for Legal Services for 2018 as submitted from Beers, Mallers, Backs, & Salin, LLP.  T. Hite seconded the motion.  Motion carried.

 

  1. Downey referred Council Members to their paperwork for the October Fund Report, along with written reports from the Street Department Superintendent, the Water and Grounds Superintendent and the Wastewater Utility Superintendent. R. Downey reminded Council Members that there will be a meeting on December 28th and asked for a motion to approve the Claims Registers and Adjustment Journals along with the October Bank Reconciliation.

 

MOTION:  E. Mast made a motion to approve the Claims Registers and Adjustment Journals as submitted along with the October Bank Reconciliations.  T. Hite seconded the motion.  Motion carried.

 

Council President C.A. Lazzaro read a thank you note from Beth and Marty Moeller for the assistance that they received from the Town by keeping people off their property during the light parade.  C.A. Lazzaro read a thank you note from Bill and Phyllis Berry for the Town Manager’s assistance in resolving issues they were having with phone connections.

 

ATTORNEY REPORT:  K. Bachman thanked Council Members for the opportunity to continue working with the Town in 2018.

 

TOWN MANAGER REPORT:  B. Shanahan reported that it is going to be very busy in 2018, we continue to work on getting a back-up generator for this building and have a number of road projects coming up, thanks to the Community Crossings Grant.  Hubbard Milling is moving forward with their construction project and we will be extending the water line along SR 5 to US 20.  We hope to begin the SR 5 sidewalk project and will have road improvements on SR 5 and Farver Street due to the MEC coming to Town.  Discussion followed.

 

C.A. Lazzaro introduced the Town Council and Staff to the Westview Government Class Students and asked that they introduce themselves.  Introductions followed.

 

There being no further business to come before the Council C.A. Lazzaro asked for a motion to adjourn.

 

MOTION:  T. Hite made a motion to adjourn.  E. Mast seconded the motion.  Motion carried.