May 24, 2018 Council Meeting Minutes

SHIPSHEWANA TOWN COUNCIL

MAY 24, 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, C. Arlene Lazzaro, J. Mike Wilcher, Tad T. Hite.  Staff; Robert W. Shanahan, Kurt R. Bachman, J. Carlos Jasso, Ruth Ann Downey.  Public;  Guy Thompson, George R. Bachman, Christina Schmucker, Jeana Beechy.

 

Council President, E. Mast called the meeting to order, noted that all Council Members were present and asked everyone to sign in.  Agendas were available.

 

INVOCATION & PLEDGE:  J. Mike Wilcher gave the invocation and C.A. Lazzaro led the pledge.

 

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

 

SHIPSHEWANA AUCTION, INC. & JAYCO, INC. COMPLAINCE STATEMENTS FOR TAX ABATEMENTS:  B. Shanahan reported that Compliance with Statement of Benefits Real Estate Improvements have been received from the Shipshewana Auction, Inc. (Shipshewana RV Service Center) and Jayco, Inc. (Highland Ridge RV Division) along with a Compliance with Statement of Benefits Personal Property for Jayco, Inc.   At a previous meeting you approved the Tax Abatement Compliance paperwork for ARI and tonight I am asking for consideration and a finding that Shipshewana RV Service Center and Highland Ridge RV/Jayco, Inc. are both in substantial compliance regarding their tax abatements.  B. Shanahan reviewed the paperwork with Council Members and pointed out that both companies are within the salary range estimated.   Shipshewana RV Service Center estimated 15 employees and their actual number is 14 and Highland Ridge RV has added 156 employees.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to find the Shipshewana Auction, Inc. (Shipshewana RV Service Center) and Jayco, Inc. (Highland Ridge RV Division) in substantial compliance, to approve the tax abatement paperwork as submitted and to authorize the Council President to sign the same.  C.A. Lazzaro seconded the motion.  Motion carried.

 

NOTICE TO PROCEED – 2018 STREET PROJECTS (CCG) PHASE II:   B. Shanahan referred Council Members to their paperwork for a Notice to Proceed with Phase II for the 2018 Downtown Street Improvements Project and reported that Phase I had been approved for the work that was outside of the grant portion of this project for water line replacement and conduit work for decorative street lights on Harrison Street.  Approval of Phase II includes all the remaining work for the project, street paving, curbs, etc.  R. Downey reported that the grant money was received earlier this week.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the Notice To Proceed for Phase II of the Town of Shipshewana 2018 Downtown Street Improvements Project between the Town of Shipshewana and API Construction as presented and to sign the same.  C.A. Lazzaro seconded the motion.  Motion carried.

 

TOWN INSURANCE RENEWAL:  B. Shanahan referred Council Members to their paperwork for the premium summary page from the Insurance and Risk Management Proposal for the policy period of June 1, 2018 – June 1, 2019 as prepared by Brent Hoober of Yoder Insurance Agency.  B. Shanahan reported that he and R. Downey had met with Brent Hoober earlier in the week to review the Town’s policy.  The premium for the insurance that covers the Town for the Annual Package Premium came in at $53,936.00 and the Workers Compensation came in at $28,892 for a Total Policy Premium of $82,828.00.  The workers comp portion has experienced about a 10% increase, but the overall renewal increase for the Town is about 4%.   Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the Town Insurance Renewal for the period of June 1, 2018 through June 1, 2019 as submitted by Yoder Insurance Agency with Selective Insurance Company at a total cost of $82,828.00  J.M. Wilcher seconded the motion.  Motion carried.

 

UTILITY BILLING CLERK/NEW HIRE & WAGE & SALARY ORDINANCE AMENDMENT:  B. Shanahan reported at the last Council meeting Heidi Moon who was the Town Utility Billing Clerk took a new position with the Town Police Department as their Executive Coordinator.  At that meeting I asked permission from the Council to search for a new Utility Billing Clerk.  We do have someone who is willing to serve in the Utility Billing Clerk position at a rate of $14.00 per hour.  We have been asked not to release her name at this time.  She will not start in the position until June 11th.  Discussion followed.

 

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 C.A. Lazzaro 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(556)” 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 J.M. Wilcher, 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(556)” at this meeting, be suspended and that said Ordinance be placed on its final passage.  Motion carried.

 

“II-F-1-d(556)” 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, C. Arlene Lazzaro, J.M. Wilcher, 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(556)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

SUMMER HELP UPDATE:  B. Shanahan reported that we have not been successful in attracting College Students for our Intern Positions this summer, but we have found three High School Seniors who are 18 years of age and have valid driver’s licenses.  I am requesting permission to fill the Intern Positions with High School Seniors and to set the wage for all three summer positions at $12.00 per hour.  Discussion followed.   R. Downey reported that a motion had been made at the April 26th Council meeting to set the Summer Help position at $11.00 per hour and the Summer Intern positions at $14.00 per hour when we thought we would have College Students for the Intern positions.  Now all three positions will be filled  by High School graduates.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to set all three summer positions at $12.00 per hour.  C.A. Lazzaro seconded the motion.  Motion carried.

 

TRANSFER ORDINANCE:  R. Downey reported that it is necessary to transfer the 25% Town Match for the 2018 Downtown Street Improvements Project into the Community Crossings Grant Fund.  This will be a one-time transfer of $165,890.00 from the LOIT Special Distribution Fund.   Discussion followed.

 

President E. Mast introduced AN ORDINANCE APPROVING A TRANSFER OF FUNDS FROM THE LOIT SPECIAL DISTRIBUTION FUND TO THE COMMUNITY CROSSINGS GRANT FUND.  Council Member T. Hite 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(555)” 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 J.M. Wilcher, 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(555)” at this meeting, be suspended and that said Ordinance be placed on its final passage.   Motion carried.

 

“II-F-1-d(555)” 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:  Tad T. Hite, J. Mike Wilcher, Lynn M. Bontrager, 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(555)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.

 

SET PUBLIC HEARING DATE FOR ADDITIONAL APPROPRIATIONS:  R. Downey referred Council Members to their paperwork for the Notice to Taxpayers of Proposed Additional Appropriations and asked the Council to officially set the Public Hearing date for June 14th.  We need to do an additional appropriation  on the amount of $743,558.00 for the Community Crossings Grant expenses, this covers both the Town Match and the Grant amount for the 2018 Street Improvements; in the LOIT Public Safety Fund we are asking for $30,000.00 to purchase the Town’s share of equipment for the new fire truck; in the Food & Beverage Tax Fund the $10,000.00 additional is for the Pumpkinvine Trail repair; and in the General Fund $35,360.00 is for the new Police Department Employee and then an additional $20,000.00 for Police Tech Support & Jet- packs.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to set the Public Hearing date for the Additional Appropriations for June 14th at 6 p.m.  T. Hite seconded the motion.  Motion carried.

 

PUBLIC RESTROOM PROJECT:  B. Shanahan reported that money has been set aside to replace the current Public Restrooms.  DLZ has provided the Town with two options for the location and two options for the layout of the restrooms.  One Option is to keep the Public Restrooms where they are at the corner of Main & Morton Street and the Second Option is to put the Public Restrooms in the Town Park where they will double as restrooms for the Pumpkinvine Trailhead.  No matter which location the Council decides on we will need to put in pedestrian cross walks at Depot and Morton Street.  R. Downey has received input from school groups and moms with small children who would be happy to see the Public Restrooms located in the Town Park.  DLZ has also provided the Town with two options for the floor plan, Option #1 just shows a Men’s and a Ladies restroom with a storage area, Option #2 includes a “Family Restroom” along with the Men’s and Ladies restroom with the same number of stalls but has a smaller storage area.  The overall dimensions of the building stay the same with either option.  The Engineering estimates for the building cost is $220,000.00 and if  you build on the old site or the Town Park site the overall project cost will be about the same.  Discussion followed.  C.A. Lazzaro asked what would happen to the old restroom building if we build in the Town Park.  B. Shanahan responded that it would be taken down at some point by the Town workforce.  Discussion followed.  B. Shanahan pointed out that the new restrooms were proposed with the intent of them being used as the Trail Head restrooms for the Pumpkinvine Trail.  Whatever location is chosen we will have people crossing the streets.  B. Shanahan pointed out that he was not asking for a decision regarding the Public Restrooms this evening and asked that the Public Restroom Project be placed on the June 14th agenda.

 

C.A. Lazzaro asked if bringing the Pumpkinvine Trail into Town is moving ahead.  B. Shanahan reported that we have been talking to property owners and we have one property owner who wants $60,000.00 for their property.  I have talked with the Chupp Boys to see if they would be interested in doing a fund raiser so that property can be purchased, then we still need $700,000.00 plus for the construction of the trail.  Discussion followed.

 

TOWN MANAGER REPORT:  B. Shanahan reported that the concrete work on Harrison Street will be done by 2 p.m. tomorrow.  Harrison Street will be open to foot traffic for the Holiday weekend.

 

WOLFE DRIVE RE-SURFACE QUOTES:  B. Shanahan referred Council Members to their paperwork for three quotes to re-surface Wolfe Drive.  Pulver Asphalt Paving, Inc. of Albion, IN has quoted $11,810.00 for 2” of blacktop and that does not meet our standard.  Niblock Excavating and Asphalt of Bristol, IN has quoted $23,266.20 but we would remove the $3,850.00 for the drywell and do it our-self, so that brings the quote to $19,416.20 with only 2 ½ “ of surface materials.  The third quote is from API Construction Corp of LaOtto, IN for $32,720.00 with a total of 4” of asphalt, which meets the Town specs.  I found a quote from DLZ from 2014 and they estimated this project would run $45,410.00.  Niblock is proposing a pulverizing process and I have researched this process and it only last about two-thirds of the time as the regular process.  By spending some additional money now, it should last longer.  I recommend the Council accept and approve the quote from API.   Discussion followed.

 

MOTION:  C.A. Lazzaro made a finding that API is the most responsive and responsible quote and made a motion to accept and approve the quote from API Construction of LaOtto, IN in the amount of $32,720.00 to re-surface Wolfe Drive because the 4” finished product meets INDOT and Town specification.  T. Hite seconded the motion.  Motion carried.

 

STREET SWEEPER UPDATE:  B. Shanahan referred Council Members to their paperwork for a proposal from Hoosier Equipment LLC., of Plymouth, IN.  B. Shanahan reported that the Street Sweeper that the Police Department has received through the Military Surplus program has been at Hoosier Equipment for assessment to see what work is necessary before the Street Sweeper is put into operation.  The total estimate from Hoosier Equipment is $12,597.21 for necessary repairs and the assessment of the unit.  The Town currently has an older street sweeper that we can trade-in and Hoosier Equipment will give us $5,300.00 for our current street sweeper which will bring the repair cost down to $7,297.21.  When this street sweeper was new the purchase price was about $180,00.00.   For the past 3 to 5 years we have hired Best Sweep out of Goshen to come in and sweep the streets at a cost of about $7,000.00 per year.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to accept the proposal from Hoosier Equipment LLC. for the total repair cost of the street sweeper that was received by the Police Department through the Military Surplus program of $7,297.21 which includes the trade-in of the Town’s old street sweeper.  T. Hite seconded the motion.  Motion carried.

 

PUMPKINVINE TRAIL REPAIR UPDATE:  B. Shanahan shared some photos of the newly installed culvert on the Pumpkinvine Trail.  There is no blacktop on the trail yet, hopefully that will be done next week.  They are using the old concrete structures as planters.  We have received an invoice from CivilCon for the new steel culvert pipe in the amount of $3,695.00.  The Council previously approved up to $12,000.00 for this repair.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion approving the payment of the Invoice from CivilCon from the Food & Beverage Tax Fund in the amount of $3,695.00 for the culvert repair on the Pumpkinvine Trail.  T. Hite seconded the motion.  Motion carried.

 

Council President, E. Mast asked for corrections or additions to the July 13, 2017 Council minutes, the July 19, 2017 Council Budget Workshop minutes and the May 10, 2018 Council minutes.  R. Downey reported this should be the last of the Council minutes from 2017.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the July 13, 2017, and May 10, 2018 Council minutes along with the July 19, 2017 Council Budget Workshop minutes as submitted.  T. Hite seconded the motion.  Motion carried.

 

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

 

  1. Mast asked Council Members if they had anything further to bring before the Council. T. Hite referred Council Members to a written report from Fire Chief, Chad Miller along with the 2018 Fire Department Equipment Purchase Funding Request that has not been addressed since the request was made but was addressed earlier this evening by the Clerk-Treasurer through the Additional Appropriation request.

 

C.A. Lazzaro asked if an adjustment could be made on the stop light at SR 5 & US 20 as well as at Farver Street and SR 5.  B. Shanahan reported that adjustments on the stop lights cannot be made by the Town but INDOT has been contacted several times regarding the issues with the light.  T. Hite pointed out that he did not think that the sensors were working.  B. Shanahan reported that he thought he saw an INDOT truck working on the light at SR 5 & Farver Street on Wednesday.  Discussion followed.

 

FINANCIAL REPORT:  R. Downey reported that Pay Request #1 has been received from API Construction for water line and conduit work on Harrison Street which is referred to as Phase I of the 2018 Downtown Street Improvements.  This portion of the project has nothing to do with the Community Crossings Grant Funds but is paid totally with Town Funds.  The amount due to API at this time is $124,254.24.  A motion to approve payment of this request to API and authorization for the Council President to sign the necessary paperwork would be appreciated.  Discussion followed.

 

MOTION:  T. Hite made a motion to approve Pay Request #1 for API Construction in the amount of $124,254.24 to be paid from the Water Improvement and MVH Funds and to authorize the Council President to sign the same.  C.A. Lazzaro seconded the motion.  Motion carried.

 

  1. Downey reported that the Call for Projects for Community Crossings Grants for next year opens August 6th and closes September 28th. I will work with our Financial Consultant to determine the amount of money we will have available for the Town 25% match, so we can apply for some street improvement projects for 2019.   I wanted to let the Council know that my office was contacted by New Focus HR regarding the possibility of updating the Town Employee Handbook and they let us know about other HR services they provide.  They have submitted a quote for services, but I would like to talk with some other companies before bringing a request to the Council.   They were referred to us by the Town of LaGrange.  One service they offer is employee background checks.  Our Police Department used to do background checks for us, now due to changes in the law they can only run a background check if the person is going to be a Police Department employee.  We currently have no one to do background checks for us.   New Focus HR offers this service at an average cost of $115.00.  It can be more or less depending on what you ask them to cover.  The $115.00 is within my spending limit but I wanted to make the Council aware that this is a best practice procedure that my office will be using beginning with the hire of the summer help.   Discussion followed.  R. Downey reported that the Town Offices will be closed on Monday, May 28th in observance of Memorial Day and requested a motion to approve the Claims Register and Adjustment Journals.  Discussion followed.

 

MOTION:  T. Hite made a motion to approve the Claims Register and Adjustment Journals as submitted.  J.M. Wilcher seconded the motion.  Motion carried.

 

TOWN MANAGER REPORT:  B. Shanahan reported that he had been contacted by a Rob Scrogan and he would like to fly a drone over the Town at a height of 50’ to 400’.  This is a private not a commercial venture.  K. Bachman reported that there are a number of federal laws that regulate drones but there are no Town laws or regulation.  This individual will need to get a permit and follow all the federal laws and regulations, the Town cannot give him permission.  Discussion followed.

 

C.A. Lazzaro asked if any progress had been made regarding the feral cat issue here in Town.  B. Shanahan reported that he had talked to an individual about live trapping the cats, the problem is if you use bait then you may get someone’s pet also.  J.M. Wilcher reported that individuals can catch the feral cats and take them to the shelter, for $25.00 they will fix the cat but then they bring them back to Town and release them.  B. Shanahan pointed out that we have several places here in Town where people feed them.  Discussion followed.

 

  1. Shanahan read a Thank You note from the SRMA thanking the Town for helping them make Mayfest a great success.  Discussion followed.

 

COUNTY COUNCIL REPORT:  G. Bachman reported that repairs on CR 450 are in progress.  T. Hite noted that there are still some bumps, but it is better than it was.  G. Bachman reported that the stop light at CR 200/Farver Street and SR 5 seems to be working better today.  Discussion followed.

 

  1. Mast introduced the Town Council and Staff to the Westview Government Class students and asked them to introduce themselves. Introductions followed.

 

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

 

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