June 28, 2018 Council Meeting Minutes

SHIPSHEWANA TOWN COUNCIL

JUNE 28, 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, Lynn M. Bontrager, J. Mike Wilcher, C. Arlene Lazzaro, Tad T. Hite.  Staff; Robert W. Shanahan, Kurt R. Bachman, Tom Fitch II, Chad L. Miller, Ruth Ann Downey.  Public; Guy Thompson, George Bachman, Marvin Yoder.

 

Council President E. Mast 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:  L. Bontrager gave the invocation and T. Hite led the pledge.

 

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

 

HARRISON STREET – ONE-WAY ORDINANCE:  B. Shanahan reported that the proposal is to make Harrison Street one-way between Middlebury Street and Main Street going north.  On the east side of the street we will have parallel parking and on the west side of the street it will be angle parking.  Overall the change in parking is a net loss of two parking spots because the Davis Mercantile parking lot was able to add two parking spaces.  There was discussion regarding this Ordinance at our last Council meeting.  Discussion followed.  B. Shanahan reported that Harrison Street should be striped tomorrow and ready to open on Monday July 2, 2018 which is on schedule.

 

President E. Mast introduced AN ORDINANCE AMENDING CHAPTER 71 “TRAFFIC SCHEDULES” OF THE SHIPSHEWANA TOWN CODE TO ESTABLISH ONE-WAY TRAFFIC ON HARRISON STREET.  Council Member C.A. Lazzaro made a motion, seconded by Council Member T. Hite, 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 “IV-A-1-a(35)” 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 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 “IV-A-1-a(35)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“IV-A-1-a(35)” 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:  C. Arlene Lazzaro, Tad T. Hite, Lynn M. Bontrager, 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 “IV-A-1-a(35)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

MEADOWVIEW LIFT STATION REPAIR QUOTES:  B. Shanahan referred Council Members to their paperwork for three quotes to replace the check vales at the Meadowview School lift station.  We would like to get this project done while school is out for the summer.  Ferguson Waterworks of South Bend has submitted the low quote at $5,763.89, R.E. Crosby, Inc. of Fort Wayne quoted $7,109.00, and Cornerstone Stewards, Inc. of Fort Wayne quoted $12,700.00.  I have reviewed the quotes with WWTP Superintendent, Sean Neeley and he recommends that we go with the low quote from Ferguson Waterworks.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to accept the quote from Ferguson Waterworks of South Bend in the amount of $5,763.89 for replacement of the Meadowview Lift Station valves.  T. Hite seconded the motion.  Motion carried.

 

  1. Shanahan referred Council Members to their paperwork for a proposal from Middlebury Electric, Inc. dated March 20, 2018 for a new control panel for a lift station. Annually we have placed in the budget and have been replacing at least one control panel on a lift station to update and make all our lift station panels uniform. Middlebury Electric, Inc. is the company who has been doing the installation of the control panels for the Town.  Sean Neeley recommends upgrading the Wana Waves Lift Station this year which is located on the east side of SR 5.  Discussion followed.

 

MOTION:  T. Hite made a motion to accept the proposal to upgrade the control panel on the Wana Waves Lift Station from Middlebury Electric, Inc. at a cost not to exceed $13,100.00.  C.A. Lazzaro seconded the motion.  Motion carried.

 

SET DATE FOR ADDITIONAL APPROPRIATIONS PUBLIC HEARING:  R. Downey reported that it is necessary to do an additional appropriation for the SR 5/Farver Street Lane Improvements Project and an additional appropriation in the General Fund for health insurance.  I am requesting that the date for the Public Hearing be set for July 26th at 6 p.m.   Discussion followed.

 

MOTION:  T. Hite made a motion to set the Public Hearing for Additional Appropriations for July 26th at 6 p.m.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Shanahan requested approval to set a Special Town Council Meeting on July 10th at 2:00 p.m. to open bids for the SR 5/Farver Street Improvements Project. Discussion followed.

 

MOTION:  L. Bontrager made a motion to set a Special Town Council Meeting for July 10, 2018 at 2 p.m. to open bids for the SR 5/Farver Street Improvements Project.  C.A. Lazzaro seconded the motion.  Motion carried.

 

COMMUNITY CROSSINGS GRANT PROJECT – PAY REQUEST #2 APPROVAL:  R. Downey referred Council Members to their paperwork for Pay Request #2 from API and a Summary of Progress Payment Review from DLZ for the 2018 Downtown Street Improvements/Community Crossings Grant Project.  The amount due this pay application is $228,796.04 with a balance of $496,601.03 to finish of the project.    Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve Pay Request #2 in the amount of $228,796.04 payable to API and authorized the Council President to sign the same.  J.M. Wilcher seconded the motion.  Motion carried.

 

APPROPRIATION TRANSFER ORDINANCE:  R. Downey reported that it is necessary to transfer from one appropriation line item to the other in the General Fund to keep all appropriations out of the negative.

 

President E. Mast introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL FUND.  Council Member L. Bontrager made a motion, seconded by Council Member J.M. Wilcher, 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(559)” 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 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(559)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(559)” 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, Tad T. Hite, 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(559)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

WAGE & SALARY ORDINANCE AMENDMENT:     B. Shanahan requested that this item be tabled.  E. Mast tabled the Wage & Salary Ordinance Amendment.

 

2019 TOWN COUNCIL BUDGET WORKSHOP:  R. Downey reminded Council Members that Financial Consultant, Greg Guerrettaz will be here on July 19th to work on Draft #1 of the 2018 Budget.  I have a meeting with the DLGF on August 14th.  At the last Council Meeting I asked everyone to check their calendars for a date and time to hold the Town Council Budget Workshop.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to set the 2019 Town Council Budget Workshop for August 2, 2018 at 3:00 p.m.  L. Bontrager seconded the motion.  Motion carried.

 

SOUTH WARNING SIREN UPDATE:  B. Shanahan reported that electric service has been installed and the siren worked when a manual test was done but we think there is a frequency problem between the siren and  County Dispatch.  The Siren Company will be talking to County Dispatch to try and confirm the frequency that is needed to get the siren in operation.  At this time the siren cannot be set off by the County.  There will be no noon siren, just a three-minute blast at noon on Saturdays.  We have asked the County if they would be willing to change it to a Sunday rather than a Saturday due to the number of people we have here in Town during the rest of the week and the fact that the MEC could have a big event on a Saturday.  I have talked to the County Sheriff, but I don’t know if we can get the test date changed.  The Siren Company believes there is an easy remedy for the siren operation.  Discussion followed.

 

FIRE TRUCK EQUIPMENT PURCHASE:  C. Miller referred Council Members to their paperwork for an Equipment Purchase request along with quotes.  The total Cost of the Equipment will be $89,191.82, $20,000.00 will be paid from the Fire Gift Fund and that leaves a balance of $69,191.82 to be funded.

This is less than the Equipment Needs 2018 list that was submitted to the Council in February of this year because some items have been removed.  Instead of a list, this time I have quotes and have highlighted the lowest quote.  Some equipment can only be purchased from one company.  Hoosier Fire has an 8-page quote for various equipment totaling $49,809.95; Stutzman Power Equipment for a steel vent saw $1,379.96.  Hoosier Fire Equipment for two power blowers $7,950.00; Genesis Rescue Systems for extrication tools $15,865.00; Apparatus Service for a Multigas Detector $888.80; Fire Service for a Rope Rescue Hardware Kit and Harness $2,953.31; Five Alarm for a Rescue 42 Junior Engine Combo $2,945.00 and I have one quote from Hite Uniform Company for Body Armor $7,399.80.

 

  1. Hite recused himself from the Fire Equipment discussion because he had summited a quote for the body armor. Discussion followed.

 

  1. Hite stepped down from the Council to present on behalf of his company, Hite Uniform Company, for the body armor quote. T. Hite reported that he works with three or four companies who are geared towards first responder gear. The body armor I am recommending is Level IIIA+ that provides ballistic and spike protection.  Discussion followed.  J.M. Wilcher requested two more quotes before any decision on the body armor is made.  K. Bachman reported you can invite two other quotes but just need a record to submit if they do not respond.  Discussion followed.

 

  1. Hite resumed his seat on the Council and noted that he would still recuse himself for the discussion and vote on the Fire Equipment.

 

  1. Downey reported that the Council can only approve an expenditure for $50,000.00 worth of the equipment. The $20,000.00 from the Fire Gift Fund and the $30,000.00 from the Public Safety LOIT Fund. We just received acknowledgement from the DLGF yesterday along with approval for our General Fund additional appropriation request.  B. Shanahan pointed out that still leaves a balance of $39,191.82 to fund.  This equipment request should have been looked at in 2017 so that it could have been included in the 2018 budget.  Our Fire Service Agreement allows the Town to approach the
    townships with any emergency or unforeseen expenditures not accounted for in the compensation for services.  With the Council’s permission I will approach the Townships and see what financial assistance they would be willing to commit to for the remainder of the fire equipment purchase now that we have concrete numbers.  R. Downey requested that if the Townships participate they pay the vendors directly so that it would not be necessary for the Town to do another additional appropriation.     Discussion followed.  E. Mast recommended that C. Miller prioritize the equipment needed for the truck in case the Townships decide not to participate.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to allow Town Manager, Bob Shanahan to approach Newbury Township and Van Buren Township regarding the balance due for the Truck Equipment in the amount of $39,191.82 and to have the Townships pay the vendors directly.  J.M. Wilcher seconded the motion.  AYES:  C.A. Lazzaro, J.M. Wilcher, L. Bontrager, E. Mast.  NAYS: – 0 –  ABSTENTIONS:  T. Hite.  Motion carried.

 

MOTION:  J.M. Wilcher made a motion to approve the purchase of equipment for the Fire Truck up to $50,000.00 from the quotes presented with the exception of the body armor which we are waiting on two more quotes, $20,000.00 is to be paid from the Fire Gift Fund and $30,000.00 is to be paid from the Public Safety LOIT Fund.   C.A. Lazzaro seconded the motion.  AYES:  J.M. Wilcher, C.A. Lazzaro, L. Bontrager, E. Mast.  NAYS: – 0 –   ABSTENTIONS:  T. Hite.   Motion carried.

 

J.M. Wilcher expressed concern about where the funding will come from if the Townships do not participate.  B. Shanahan noted that anything is possible and recommended further discussion after his meetings with the Townships.  Discussion followed.

 

FINANCIAL REPORT:  R. Downey reported that financing for the Town’s share of the new fire truck in the amount of $180,000.00 is moving forward.  Financial Solutions Group has sent out a proposal requesting an interest rate for an Equipment Lease with proposals due back to them on or before July 12th.  (see attached) Delivery of the truck is expected from the middle to the end of August, we will be doing a 5-year lease.  Discussion followed.  R. Downey requested approval for the Claims Register and reported that there is no Adjustment Journal.

 

MOTION:  C.A. Lazzaro made a motion to approve the Claims Register as submitted.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Downey asked Council Members if they had received the June 14th minutes for review. Discussion followed. E. Mast asked for a motion to approve the June 14th Council minutes.

 

MOTION:  C.A. Lazzaro made a motion to approve the June 14, 2018 Council meeting minutes as submitted.  T. Hite seconded the motion.  Motion carried.

 

COUNTY COUNCIL REPORT:  G. Bachman reported that they have been working on CR 400 and the bump is out, but it still needs chip and seal before the project is complete.  Over the next week or two we will be out to fill the buggy troughs in Shipshewana.  Discussion followed.

 

  1. Mast asked if there was any further business to come before the Council. There being nothing further E. Mast asked for a motion to adjourn.

 

MOTION:  C.A. Lazzaro made a motion to adjourn.  T. Hite seconded the motion.  Motion carried.