JUNE 22, 2017 MEETING MINUTES

SHIPSHEWANA TOWN COUNCIL

JUNE 22, 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, J. Mike Wilcher, Elmer J. Mast, Lynn M. Bontrager, Tad T. Hite.  Staff; Mike Sutter, Kurt R. Bachman, Casey Erwin, Bob Shanahan, Ruth Ann Downey.  Public; Joanna King, Beth Thornburg, Laurie Sherck, Ryan Riegsecker, Mel Riegsecker, Robert Yoder, Guy Thompson, Marvin Yoder.

 

Council President, C.A. Lazzaro 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:  J.M. Wilcher gave the invocation and T. Hite led the pledge.

 

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

 

COMMUNITY CROSSING GRANT:  Town Engineer, C. Erwin reported that the 2017 Road Improvement Asset Management Plan has been completed (see attached).  The grant application for the Community Crossings Grant is due July 14th, and we would like to have the application in for the Town by June 30th.  Notification of grant awards will be made in August of 2017 with construction to be done in the spring of 2018.    We will be submitting 5 different Grant Applications for the Town: (all costs are estimated) Part 1 is Harrison Street at $250,000.00; Part 2 is North Harrison, Depot, Talmadge, High, Mill and Union Streets at $670,000.00; Part 3 is State, Maple, Walnut and Summey Street at $170,000.00; Part 4 is Indiana, School, Summey and South State Street at $165,000.00; Part 5 are minor repairs on N. Morton Street extension at $25,000.00.  The total estimated construction cost is $1,280,000.00.  The grant match, if awarded for all projects, will be $960,000.00 with the Town match at $320,000.00.  The Town will need to acknowledge that you have the $320,000.00 match.  R. Downey reported that the Town has $15,000.00 in the Local Roads and Streets Fund, $257,000.00 in the LOIT Special Distribution Fund, and $105,000.00 appropriated in the MVH Fund for street improvements for a total of $377,000.00.  Some of these streets are in the Town’s TIF District, so TIF money should be available for that part of the project.  The Town will also need money for soft cost, approximately $128,000.00 for engineering, but it is my understanding that some of these costs will come out of the budget this year and some out of next year’s budget.  C. Erwin reported that it would be good to have a few letters of support from the community for these projects as well.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve moving forward with the Community Crossing Grant Applications as presented by Town Engineer, C. Erwin for 5 projects and authorized the Council President to sign the Financial Commitment and Support letters for the grant applications.  J.M. Wilcher seconded the motion.  Motion carried.

 

PARK USE AGREEMENT FOR HIGHLAND RIDGE COMPANY PICNIC:  M. Sutter referred Council Members to their paperwork for a copy of the agreement between the Town and Highland Ridge RV Company for their annual picnic.  No action is required by the Council, I just wanted you to be aware that they will be using the park on August 11th to set up and the company picnic will be held on August 12th.    Discussion followed.

 

FIRE TRUCK PURCHASE AGREEMENT:   K. Bachman reported that the purchase of a Sutphen Fire Truck may be made without going through the formal bidding prosses because they are qualified under state statue as a qualified purchase agency, (QPA).  At the last Council meeting you received Resolutions from Newbury and Van Buren Townships regarding their share of financing for this truck purchase and you understand that if something should change and they decide not to pay what they have committed to by Resolution that the Town of Shipshewana must come up with the full purchase price of $557,878.00 for this truck.  It is my understanding that the Town has approximately $300,000.00 in their CEDIT Fund that would be used if you do not get the money from the Townships.  Our office has reviewed the Purchase Agreement and it is fine.  If the Council is happy with the truck as it has been presented by the Fire Chief, and you are ready to move forward based on trust that the Townships will pay their portions, then you are ready to authorize the Council President to sign this agreement so that the truck purchase can move forward.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to move forward with the purchase of a Sutphen Fire Truck for the Fire Department at a cost of $557,878.00 and authorized the Council President to sign the Purchase Agreement for the same.  E. Mast seconded the motion.  Motion carried.

 

FIRE DEPARTMENT BY-LAWS EFFECTIVE DATE & COUNCIL SIGNATURES:  R. Downey referred Council Members to their paperwork and reported that Fire Chief, Chad Miller had requested that a signature page be attached to the revised Fire Department By-Laws that were approved by the Council on May 25th  and that the procedure for final approval by the Fire Department also be listed on the signature page.   The By-laws will be presented to the Firefighters on July 11th and then will take effect on August 10th of this year.  Discussion followed.

 

MOTION:  T. Hite made a motion to approve and sign the signature page for the Fire Department By-Laws that were approved at the May 25th Council meeting.  E. Mast seconded the motion.  Motion carried.

 

C.A. Lazzaro introduced the new Town Manager and asked him to share a few words.  B. Shanahan noted that he was delighted to have an interview for and to be chosen for the position.  He noted that he is looking forward to the challenges this job will bring.  B. Shanahan reported that he has spent the last 5 ½ years in the LaGrange County Planning and Zoning Department.  Shipshewana is a unique community and I look forward to working with the Town Council and with the folks of the Town.  Discussion followed.

 

AMENDED TOWN MANAGER JOB DESCRIPTION:  R. Downey referred Council Members to their paperwork for the Town Manager Job Description dated June 16, 2017.  R. Downey reported that the following changes have been made to the Job Description:  On Page 1 Oversee the Town Center was removed due to the sale of the building in February of this year.  On Page two it now reads The Town Manager may need to interact with various media sources, before it read the Town Manager shall write articles for the Home Town Treasure, this has not been done for several years.  On page two under special projects the words Town Center and Car Museum were removed.  An addition to the last page is that the Town Manager shall work with the SRMA.  This is something that previous Town Managers have done, but it was never put in writing.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the Amended Town Manager Job Description dated June 16, 2017 as submitted.  E. Mast seconded the motion.  Motion carried.

 

APPROVE & RATIFY TOWN MANAGER AGREEMENT:  K. Bachman recommended that the Council ratify and confirm the new Town Manager’s contract retro-active to June 20, 2017.  Discussion followed.

 

MOTION:  E. Mast made a motion to ratify and confirm the Town of Shipshewana Employment Agreement between the Town of Shipshewana and Robert W. Shanahan retro-active to June 20, 2017.  L. Bontrager seconded the motion.  Motion carried.

 

WAGE & SALARY ORDINANCE AMENDMENT:  R. Downey reported that the Wage & Salary Ordinance Amendment reflects the wages for the new Town Manager as stated in the Employment Agreement.

 

President C.A. Lazzaro introduced AN ORDINANCE AMENDING WAGE AND SALARY ORDINANCE NO. II-F-1-d(2) FOR TOWN EMPLOYEES FOR THE CALENDAR YEAR 2017.  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(533)” 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(533)” at this meeting, be suspended and that said Ordinance be placed on its final passage.   Motion carried.

 

“II-F-1-d(533)” 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, J. Mike Wilcher, 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(533)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

ORDINANCE ADJUSTING THE REGULAR COUNCIL MEETING SCHEDULE:  K. Bachman reported that this is basically a housekeeping Ordinance.  The Ordinance for your consideration this evening brings what the Council has been doing consistent with the Shipshewana Town Code and repeals the old Shipshewana Town Code.  This Ordinance gives more freedom to adjust the meeting schedule, meets the requirements for the administrative/staff work and provides a notice for the media that complies with State Statute and is consistent with what the Town is doing.  Discussion followed.

 

President C.A. Lazzaro introduced AN ORDINANCE ADJUSTING THE REGULAR MEETING SCHEDULE AND AMENDING CHAPTER 30 “TOWN COUNCIL” OF THE SHIPSHEWANA TOWN CODE.  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-B-1-a(4)” 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-B-1-a(4)”  at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-B-1-a(4)” 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, J. Mike Wilcher, 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-B-1-a(4)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

  1. Bachman explained it would be necessary to make a motion officially setting meeting dates and times. The Clerk-Treasurer will have to submit notice annually to the media unless there is a special meeting which requires the 48-hour meeting notice. Discussion followed.

 

MOTION:  T. Hite made a motion to adopt the Regular Meeting Schedule for 2017 as submitted with regular meetings being held on the second and fourth Thursday of each month beginning at 6:00 p.m. except for the second meeting in November, when no meeting will be held due to the Thanksgiving Holiday and to set Work Meetings for the same dates to meet at 5:00 p.m.  L. Bontrager seconded the motion.  Motion carried.

 

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

 

TOWN MANAGER REPORT:  C.A. Lazzaro pointed out that this is M. Sutter’s last meeting as Town Manager.  M. Sutter reported that a motion had been made at the Car Museum Board meeting to return the Farmall “B”Tractor that was donated to the Car Museum and requested that the Council make a motion authorizing C.A. Lazzaro as Council President to sign the necessary documents to return the tractor to the Strayer family.  The son-in law Steve Blevens is the individual who restored the tractor and will be involved in the return of the tractor to the family.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion authorizing Council President, C.A. Lazzaro to sign any paperwork necessary to return the Farmall “B”Tractor that was donated to the Shipshewana Car Museum Inc., back to the Strayer family.  E. Mast seconded the motion.  Motion carried.

 

  1. Sutter reported that we did have a sewer back-up that affected one resident and one business along SR 5. A claim has been turned into the Town Insurance regarding the parties affected and they have been advised to turn any damage into their insurance companies as well. A transducer in the Yoder Lift station failed; we inspect lift stations weekly on Thursdays, and this failure occurred on a Saturday.  Equipment in this lift station is not old.  We have reinstalled our old float device which is a mechanical device which should set off the alarm should this type of situation occur again.  Discussion followed.

 

  1. Sutter reported that the Water Department has determined that the water leak along SR 5 was not a water main but a service line for Hubbard Mill. Hubbard will reimburse the Town for the cost of this repair. Hubbard plans on doing some major building renovation which will include removal of the silos but it may tie up Main Street for a period of up to 6 months.  Discussion followed.

 

  1. Sutter reported that onsite inspections had been completed at the Shipshewana RV Service Center, Highland Ridge RV, Inc. and ARI/Legacy Sleepers. All three companies have filed the appropriate compliance paperwork for their Tax Abatements with the Town. They are all below projected levels for their employment numbers but good help is hard to get.  Overall they are in substantial compliance.

Discussion followed.

 

MOTION:  E. Mast made a motion authorizing the Council President to sign the Tax Abatement paperwork for Shipshewana RV Service Center, Highland Ridge RV, Inc. and ARI/Legacy Sleepers since they have all been found to be in substantial compliance.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Sutter reported that Mastercraft has agreed to be part of the voluntary annexation for the MEC project, along with Raber Patio, and Lyle Chupp. This annexation should be moving forward.

 

  1. Sutter expressed thanks to the Town Council, stated they were an excellent group to work with, and noted that he has enjoyed working with such a dynamic community. Council Members expressed appreciation to M. Sutter for his service to the Town. Discussion followed.

 

FINANCIAL REPORT:  R. Downey reported that there would be a Public Hearing to re-establish the CCD and Cum Fire Funds at the July 13, 2017 Council Meeting along with opening of bids for the sale of the 2009 Dodge police vehicle.  There is a Thank You Note to the Council from the family of Esta Hostetler for the flowers sent.  R. Downey reported that there are no adjustment journals and requested approval for the Claims Register as submitted.   Discussion followed.

 

MOTION:  E. Mast made a motion to approve the Claims Register as submitted.  L. Bontrager seconded the motion.  Motion carried.

 

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

 

MOTION:  E. Mast made a motion to adjourn.  L. Bontrager seconded the motion.  Motion carried.