March 22, 2018 Council Meeting Minutes

TOWN COUNCIL MEETING

MARCH 22, 2018  6:00 P.M.

ROGER D. YODER COUNCIL ROOM

SHIPSHEWANA TOWN HALL

345 N MORTON STREET

SHIPSHEWANA, IN  46565

 

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

 

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.  L. Bontrager seconded the motion.  Motion carried.

 

RECOMMENDATION BY SHIPSHEWANA CAR MUSEUM INC. ON AUCTIONEERING FIRM:  B. Shanahan reported that members of the Shipshewana Car Museum Inc. Board had interviewed seven auction firms and at a meeting held earlier this evening passed a Resolution recommending that the Town Council approve the use of Worldwide Auctioneers for the Sale of the Hudson Auto Collection and Memorabilia.  Discussion followed.  The Shipshewana Car Museum Inc. Board Resolution was submitted to the Council, see resolution below.

 

Thereafter, after discussion, and upon motion duly made by J. Mike Wilcher and seconded by J.R. Hostetler, the following resolution was adopted by the Shipshewana Car Museum Inc. with a vote of 4 ayes and 0 nays:

 

Whereas, the Shipshewana Car Museum, Inc. (the “Corporation”) approved that certain Agreement dated as of August 17, 2007 (the “Agreement”), between the Corporation and the Redevelopment Commission of the Town of Shipshewana, Indiana, the governing body of the Town of Shipshewana Department of Redevelopment (the “Commission”); and

 

Whereas, pursuant to the Agreement, the Corporation loaned the Cars and the memorabilia to the Commission on an indefinite basis for the purpose of the Commission displaying the cars and memorabilia at the Hostetler Car Museum (the “Museum”); and

 

Whereas, the Commission has sold the building and real estate upon which the Museum is located and operated and has informed the Corporation of its intent to close the Museum permanently and return the cars to the Corporation; and

 

Whereas, the Corporation has determined that it is in the best interest of the Corporation for the Corporation to take all steps necessary to prepare for the sale of the cars and memorabilia; and

 

Whereas, pursuant to the terms of that certain Donation Agreement dated January 7, 2005 (the “Donation Agreement”), by and between the Town of Shipshewana, Indiana (the “Town”) and Eldon and Esta Hostetler (the “Hostetlers”), all of the cars and memorabilia, along with any additional cars and memorabilia made to the Corporation from time to time by the Hostetlers, could be sold by the Corporation after the death of the Hostetlers with the affirmative vote of seventy-five percent (75%) of the members of the Board; and

 

Whereas, the Hostetlers have become deceased and a seventy-five percent (75%) of the members of the Board have voted to sell the cars and memorabilia.

 

Now, therefore, be it unanimously resolved, that this Board approves, confirms and ratifies its’ decision and vote to sell the cars and memorabilia, and hereby approves the sale of any additional cars and memorabilia donated by the Hostetlers (or either of their estates) to the Corporation and will work with Worldwide Auctioneers as auctioneer, to market and auction the cars and memorabilia in accordance with the written proposal prepared by the auctioneer and proposed Contract as presented at this meeting.  The written proposal is hereby approved as presented at this meeting.  The President of this Board is authorized to enter into such other engagements as is deemed necessary to undertake the sale.

 

Be it unanimously resolved, that this Corporation sell all cars and memorabilia, along with any additional cars and memorabilia made to the Corporation from time to time by the Hostetlers, at an auction pursuant to the terms and conditions set forth in the written proposal presented to this meeting.

 

Be it further unanimously resolved, that the form of the Contract presented to the meeting is hereby approved and the Secretary is authorized and instructed to insert copies in the minute book following the minutes of this meeting; the President of the Corporation is authorized to execute and deliver the Contract in such form and with such changes therein that are not materially inconsistent with this Resolution and not substantially adverse to the Corporation.  The approval of such changes, and that such changes are not materially inconsistent with this Resolution and not substantially adverse to the Corporation, shall be conclusively evidenced by the signing and delivery of the Contract.

 

Be it further unanimously resolved, that the President of this Corporation are herby authorized on behalf of this Corporation to approve and execute any notices, certification, financing statements, documents, instruments, agreements, and opinions, and to take such other actions, as are desirable, advisable, necessary or appropriate to consummate the transactions contemplated by this Resolution on behalf of the Corporation in connection with the sale of the cars and memorabilia.

 

Be it further unanimously resolved, that the President of this Corporation is authorized and directed, in the name and on behalf of the Corporation, to approve any offering statement or materials relating to the offering and sale of the cars and memorabilia and authorizes the use and distribution of that statement or materials and any supplements thereto in connection with the sale of the cars and memorabilia.  The President of the Corporation is authorized to make, and endorse her approval thereto, of any necessary modifications, changes, or supplements thereto on behalf of the Corporation with such changes as she shall approve, such approval to be conclusively evidenced by her signature thereon.

 

Be it further unanimously resolved, that the proceeds of such cars and memorabilia sold shall be receipted into the accounts of the Corporation, and the payment of the fees and expenses of the sale is hereby approved.

 

Be it further unanimously resolved, that the officers of the Corporation are authorized to deliver titles (if appropriate) to the cars and memorabilia to the auctioneer for delivery to the purchaser in accordance with the terms of any sale.

 

Be it further unanimously resolved, that the President and Secretary of the Corporation is, alone or in conjunction with each other or other officer or employee of the Corporation, the Commission or the Town, authorized to cooperate with the auctioneer by making, on behalf of the Corporation, such covenants and representation in the Contract, offering statement and materials, and any purchase agreement, or other certification, as are appropriate and necessary, so that the foregoing Resolutions may be carried out and the transactions contemplated thereby can be consummated.

 

  1. Bachman pointed out that the Council would need to make a motion to accept the Resolution passed by the Shipshewana Car Museum Inc. regarding the sale of the Hudson Cars and memorabilia. Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to accept the Resolution from the Shipshewana Car Museum Inc. naming Worldwide Auctioneers as the company to sell the Hudson Cars and memorabilia as presented.  T. Hite seconded the motion.  Motion carried.

 

FIRE DEPARTMENT REPORT:  Fire Chief, C. Miller reported that the department responded to 32 emergency calls in February.  The department received three Narcan Safety Kits through a grant from the State of Indiana, training will be held at the Fire Station on April 16th for the proper use of these kits.  The only requirement that we have is to file quarterly reports with the State and they will replace the product as it is used.  Discussion followed.  C. Miller reported that the 2005 GMC YUKON which goes out for medic runs needs a new transmission, I have received a quote from Frontline Auto Tech in the amount of $3,306.26.  R. Downey pointed out that the Town is tax exempt, so it will reduce the repair cost by $169.19, and the invoice will be paid from the Fire Truck Repair line item in the Fire Fund.  Discussion followed.

 

MOTION:  T. Hite made a motion approving the repair of the 2005 GMC Yukon by Frontline Auto Tech per the quote submitted minus the sales tax which brings the repair cost to $3,137.07 to be paid from the Fire Fund.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Miller reported that the annual Fish Fry will be held on April 14th at the Shipshewana Auction Antique Building from 4 to 8 p.m. The annual ladder testing will be done on April 12th and hopefully everything will pass inspection. Discussion followed.

 

POLICE DEPARTMENT REPORT:  Town Marshal, T. Fitch II passed out the February Monthly Report for the Police Department to Council Members and reported that they are currently working on a burglary case that includes 70+ break-ins, some occurred in Town and the rest from surrounding areas, there is still a lot of work to do on this case.  Discussion followed.  The concert at the MEC last weekend brought in between 2,500 and 3,000 people.  Traffic before the concert flowed well, the longest back-up was about 15 minutes, our goal is not to step in unless we have to.  At the end of the concert it took about 50 minutes for everyone to get out of the parking lot and attendance for this event was about half of the capacity for the MEC.  Public safety is the primary concern for our department, it is a fine line to determine the number of officers that are necessary for these events.  Discussion followed.  T. Fitch reported that the MEC is providing people for traffic control and security on their property but our department with the assistance of other departments are the ones directing traffic out on the roads.  We did not have any accidents but when they are at full capacity accidents may become an issue, I understand that the business wants people to get out after an event as soon as possible.  Discussion followed regarding communication between the MEC and the Police Department, projected numbers versus the number that show up for an event, and people walking in the area before and after an event.  B. Shanahan reported that a pedestrian crossing and sidewalks are part of the proposed project for the Farver Street area.  Discussion followed.

 

AWARD OF CONTRACT – COMMUNITY CROSSINGS GRANT PROJECTS:  B. Shanahan requested that Final Award of Contract be tabled as we are still waiting on receipt of grant funds for this project.  E. Mast tabled the Final Award of Contract for the Community Crossings Grant Projects.

 

RECIPROCAL RESOLUTION – PHONES/NEWBURY TOWNSHIP:  B. Shanahan reported that the new phone system for the Town Hall and Police Department is up and running.  We were made aware that the Newbury Township Trustee Office would be able to use three of our old phones.  Rather than dispose of our old phones we would like to give them to Newbury Township and to do that Reciprocal Resolutions must be passed by the Town and by Newbury Township.  Kurt’s office has prepared the necessary Resolutions and Bill of Sale for this transaction to take place.  Discussion followed.

 

President E. Mast introduced A RESOLUTION APPROVING THE SALE OF PANASONIC PHONES TO NEWBURY TOWNSHIP.  Council Member L. Bontrager made a motion, seconded by Council Member T. Hite, that said Resolution be numbered and placed on first reading, and that the same be read in full at this time.  Motion carried.

 

Said Resolution having been designated as “II-F-1-d(550)” 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 T. Hite, 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(550)” at this meeting, be suspended and that said Resolution be placed on its final passage.  Motion carried.

 

“II-F-1-d(550)” 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 Resolution was as follows:

 

AYES:  Lynn M. Bontrager, Tad T. Hite, 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(550)” having been passed after unanimous suspension of the rules, the President thereupon declared said Resolution to have duly passed and adopted.

 

  1. Downey inquired about the Bill of Sale and a motion to sign it outside of a Council Meeting once Newbury Township has signed their Reciprocal Resolution. Discussion followed.

 

MOTION:  T. Hite made a motion authorizing the Council President to sign the Bill of Sale of Personal Property for the phones going to Newbury Township outside of a Council meeting once Newbury Township has signed the Reciprocal Resolution for the phones.  C.A. Lazzaro seconded the motion.  Motion carried.

 

EMPLOYEE REVIEW AND WAGE & SALARY ORDINANCE AMENDMENT:  B. Shanahan reported that the Receptionist/Utility Billing Clerk has been with the Town for six months.  Heidi Moon is a capable employee, has done an excellent job for the Town and is well liked by everyone here and the public.  She is easy going and fits in well.  She has received a positive review and I am recommending that the Council approve a $1.00 per hour raise taking her from $13.00 to $14.00 per hour.  Discussion followed.  R. Downey pointed out that the Ordinance Amendment for the Council’s consideration would be retro-active to March 12th.

 

President E. Mast introduced AN ORDINANCE AMENDING WAGE AND SALARY ORDINANCE NO. II-F-1-d(2) FOR TOWN EMPLOYEES FOR THE CALENDAR YEAR 2018.  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(549)” 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 T. Hite, 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(549)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(549)” 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, Tad T. Hite, 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(549)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

TECHNOLOGY UPDATE:  T. Hite reported that the new phones have been installed and there are two options to move from a landline, VOIP or through a Verizon Line.  Before making a recommendation on which company to go with the Tech Committee will need to meet again and bring pricing back to the Council.   In your paperwork is a quote from Blue Star which will allow for Online Archiving through Microsoft it will increase our monthly bill by $51.00 per month for 17 users at $3.00 per month.  For each additional user our monthly bill will increase by $3.00.   E. Mast pointed out this would save all e-mail so that the user doesn’t have to and helps us meet statutory requirements.  Discussion followed.  T. Hite pointed out that the Fire Department doesn’t have a computer on the network yet and they may add 3 new users.

 

MOTION:  L. Bontrager made a motion to approve the addition of online archiving through Microsoft at a cost of $3.00 per user per month per the quote from Blue Star.  C.A. Lazzaro seconded the motion.  Motion carried.

 

Discussion followed regarding computer needs at the Fire Department.

 

REPORT ON MEC MARCH 17TH EVENT:  B. Shanahan pointed out that March 17th was one of the MEC’s larger events so far and as T. Fitch II reported from a Town’s perspective it went well.  There are some teething problems that will need to be worked out, but it was a good start for the 2,500 to 3,000 people who came to Town for the event.  Discussion followed.

 

SET PUBLIC HEARING FOR ADDITIONAL APPROPRIATIONS:  Clerk-Treasurer, R. Downey requested that a Public Hearing be set for the April 12th Council meeting for Additional Appropriations for the Town Center Operating Fund (TCO Fund).   The TCO Fund was not appropriated in the 2018 Budget but we do need to pay Bluegate Holdings for Utilities while the Hudson Cars are there, along with Professional fees.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to set the Public Hear for Additional Appropriations for 6:00 p.m. on April 12th.  L. Bontrager seconded the motion.  Motion carried.

 

REPORT OF HARRISON STREET PRE-CONSTRUCTION PUBLIC MEETING:  B. Shanahan reported that there will be a pre-construction meeting for the Community Crossings Grant Projects. Tomorrow morning representatives from DLZ and API will be here to answer questions.  At 9 a.m. the meeting will be with Town Employees and at 10 a.m. we will move to the Wolfe Building and open it up to the public.  Hopefully we will be able to address concerns and answer questions before the construction begins.

 

PRELIMINARY STAKING OF CONSTRUCTION AREA ALONG SR 5/VAN BUREN STREET:  B. Shanahan reported that preliminary staking along SR5 and Farver Street will begin soon to give the property owners a visual of what will go where.  We won’t be digging right away, and a lot of this project will be completed in the public right of way.  This way the public can see what we are proposing and ask questions.  Discussion followed.

 

TOWN MANAGER REPORT:  B. Shanahan reported that a request for change of meeting dates was on the first draft of tonight’s Agenda, but I asked R. Downey to remove it and then learned that T. Hite would like to talk about it this evening.  T. Hite explained that he was requesting consideration to move the Council meetings to a different night due to scheduling conflicts at work.  I had to forfeit 60 hours of vacation time to make it to meetings, I even considered dropping one day a week at work, but the rotation still would not work due to meeting on the second and fourth Thursday of each month.  I just can’t make every meeting.     C.A. Lazzaro asked T. Hite if they could change his schedule at work, so he would be able to attend Council meetings.  T. Hite reported that a change in his schedule would affect 8 other people.  E. Mast pointed out that a lot of people have made their schedules revolve around the meeting dates.  Everyone else would have to make schedule changes if the meeting dates change.  T. Hite noted if I don’t ask I don’t know.  C.A. Lazzaro agreed that a change in the meeting date would affect a lot of people and disrupt things.  Discussion followed regarding the number of meetings that can be missed, it was pointed out that it is an elected position.  T. Hite requested no vote to change the date at this time.

 

  1. Mast asked County Commissioner, G. Bachman if he had anything to report. T. Hite asked G. Bachman about the condition of CR 450. G. Bachman reported that CR 450 is the worst road in the County.  Potholes have been extremely bad this year, hopefully the weather will cooperate, and we can make some repairs next week.  Discussion followed.  G. Bachman further reported that phase I for the new County Legal Building has been approved so we hope to get bids in April and have construction completed by February.  Discussion followed.

 

  1. Mast asked Council Members if they had any further business to bring before the Council. L. Bontrager reported that she had recently attended a PAC meeting for the Pumpkinvine Trail. Water has caused damage on the trail which will need repairing this spring.  I believe the official opening day for the trail this season is April 21st.  Discussion followed.

 

  1. Bontrager reported that the Carriage Committee had a meeting yesterday and there are no new Carriage Companies applying for permits, Kenny Stutzman’s business has been sold but the new owners are going to keep the same Routes.

 

  1. Bontrager pointed out that the AIM Roundtable meeting was coming up on April 18th in Middlebury. Discussion followed.

 

FINANCIAL REPORT:  R. Downey reported that she had been released to return to work on March 13th and I am scheduled to go back to the doctor on Friday March 30th when I hope they tell me I won’t have to keep both arms in slings anymore.  Thank you for the prayers and flowers.  Please let me know if you plan on attending the AIM Roundtable meeting and I will send in our registration as a group.  I plan on attending the AIM Budget workshop to be held May 1st in Ft. Wayne, this is a State Board of Accounts called meeting, the cost is $119.00.  Town Financial Consultant, Greg Guerrettaz will be here on April 26th to review the Annual Utility Rate Reports and Town Sustainability Analysis with the Council.  Our staff meeting normally begins at 5 p.m. but Greg has asked that the Council consider having an additional staff meeting on April 26th to allow sufficient time to review these reports.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to set an additional staff meeting on April 26, 2018 at 3:30 p.m. to allow sufficient time for the Council to go over the Utility Rate Reviews and the Town Sustainability Analysis with Financial Consultant G. Guerrettaz.  C. A. Lazzaro seconded the motion.  Motion carried.

 

  1. Downey reported that Statement of Benefits paperwork has been received from ARI for their Tax Abatement compliance. K. Bachman recommended that R. Downey turn the paperwork over to Town Manager, B. Shanahan for further review and processing. R. Downey requested a motion to approve the Claims Registers and Adjustment Journals as submitted.

 

MOTION:  J.M. Wilcher made a motion to approve the Claims Registers and Adjustment Journals as submitted.  C.A. Lazzaro seconded the motion.  Motion carried.

 

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.