November 9, 2017 Council Meeting Minutes

TOWN COUNCIL MEETING

NOVEMBER 9, 2017  6:00 P.M.

ROGER D. YODER COUNCIL ROOM

SHIPSHEWANA TOWN HALL

345 N MORTON STREET

SHIPSHEWANA, IN  46565

 

PRESENT:  Council:  C.A. Lazzaro, Elmer J. Mast, Lynn M. Bontrager, Tad T. Hite.  Council ABSENT:  J. Mike Wilcher.  PRESENT:  Staff; Kurt R. Bachman, Bob Shanahan, Tom M. Fitch II, Brandon Hooley, Ruth Ann Downey.  Public; Marvin Yoder, Jonathan Dorsey, Richard Deahl, Felicity Garcia, Brittany Schun, Kiaha Nichols, Alyssa Miller, Ashley Brown, Olivia Hibbs.

 

Council President, C.A. Lazzaro called the meeting to order, noted that Council Member J. Mike Wilcher was absent, all other Council Members were 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.

 

PUBLIC HEARING – MEC ANNEXATION

 

C.A. Lazzaro officially opened the public hearing portion of the meeting and Town Manager, B. Shanahan read Annexation Ordinance III-B-1-a(37) in full.   B. Shanahan reported that he had a recorded copy of the Voluntary Annexation Petition and pointed out that there will be no vote on the Annexation this evening.  You will set a date for the adoption later this evening, tonight is an opportunity for the public to speak in favor or against the annexation.  C. A. Lazzaro asked for input from the public.  B. Shanahan reminded everyone that this annexation includes more area than just the MEC property and pointed out that the MEC will be a 20-million-dollar project, they are contiguous to the Town and already have Town Utilities, Police, and Fire service.  They will be a great asset to the Town.  Attorney, R. Deahl explained that it has been a pleasure working with the Town.  The Council has considered the pros and the cons of this project and is holding the public hearing.  You must wait 14 days after the public hearing to adopt the Annexation Ordinance.  C.A. Lazzaro asked for any further input from the public.  There being no further input C.A. Lazzaro closed the public hearing portion of the meeting.

 

  1. A. Lazzaro resumed the regular Council meeting and asked for a motion to accept the agenda with flexibility.

 

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

 

C.A. Lazzaro reported that item #1 under Old Business:  Dedication of Right-of-Way – Farver Street would be tabled.

 

 

NEW BUSINESS:

RESOLUTION ADOPTING FISCAL PLAN:  B. Shanahan reported that the Fiscal Plan for the MEC Annexation was presented at the October 26th Town Council Meeting and a motion was made to make it available for public review.  Tonight, I am asking that the Council consider the Resolution to adopt the Written Fiscal Plan for the MEC Annexation.  Discussion followed.

 

President C.A. Lazzaro introduced A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SHIPSHEWANA, INDIANA TO ADOPT THE WRITTEN FISCAL PLAN AND DEFINITE POLICY FOR AN AREA KNOW AS ANNEXATION TERRITORY IN ORDINANCE NO. III-B-1-a(37).  Council Member E. Mast made a motion, seconded by Council Member L. Bontrager, 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 “III-B-1-a(38)” 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 “III-B-1-a(38)” at this meeting, be suspended and that said Resolution be placed on its final passage.  Motion carried.

 

“III-B-1-a(38)” 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, 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(38)” having been passed after unanimous suspension of the rules, the President thereupon declared said Resolution to have duly passed and adopted.

 

ANNEXATION ORDINANCE:  B. Shanahan reported that the MEC Annexation Ordinance should be placed on first reading this evening.

 

President C.A. Lazzaro introduced 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”).  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.

 

MEC ANNEXATION ADOPTION DATE:  B. Shanahan requested that the Council consider placing the adoption of the MEC Annexation Ordinance on the December 14th Town Council Agenda.

 

MOTION:  E. Mast made a motion to place the Adoption of the MEC Annexation Ordinance on the December 14th agenda.  L. Bontrager seconded the motion.  Motion carried.

 

OLD BUSINESS:

REGION 3-A CONTRACT – PARK MASTER PLAN:  B. Shanahan referred Council Members to their paperwork for a Contract For Services between the Town of Shipshewana, Indiana and Region III-A Development District and Regional Planning Commission for updating the Park Master Plan.  The cost for their services will be $6,000.000 and it is necessary to have an updated Master Plan especially when pursuing grants for the Parks Department.   This agreement has been reviewed by the Town Attorney and I am recommending that you accept the contract.  Discussion followed.  C.A. Lazzaro expressed concern regarding the timeline, will we be able to meet the deadline.  Discussion followed.  J. Dorsey reported that we are hoping to start on this project Monday and hopefully be able to complete it by the April deadline.

 

MOTION:  T. Hite made a motion to approve the Contract For Services between the Town of Shipshewana and Region 3-A for updating the Park Master Plan at a cost of $6,000.00 and authorized the Council President to sign the same.  E. Mast seconded the motion.  Motion carried.

 

NEW BUSINESS:

LIGHT PARADE STREET CLOSURES:  B. Shanahan reported that the Light Parade Committee is requesting an additional street closure on Harrison Street between Middlebury and Main Streets beginning at 6 p.m. on Friday November 10th and running through 8 or 9 p.m. on November 11th.   They will use Harrison Street as a Festival/Activity Area on November 11th.  They would also like to close another portion of Middlebury Street from Morton Street going west to SR 5.  This additional closure would be at the discretion of the Town Marshal.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the additional street closures for the Light Parade as

presented for Harrison and Middlebury Street on November 10th and 11th.   E. Mast seconded the

motion.  Motion carried.

 

EMPLOYMENT AGREEMENT AMENDMENT:  K. Bachman referred Council Members to their paperwork for a Revised Town Manager Agreement and reported that at the Town Manager’s employee review the Council recommended an increase of his annual wages to $58,000.00 effective October 23, 2017 – December 31, 2017, and I further included the wages discussed by the Council for 2018 at $62,000.00 so we will not have to revise the Town Manager Agreement at the end of this year.  Discussion followed.

 

MOTION:  T. Hite made a motion to approve the Amended Town Manager Employment Agreement with both amendments as presented with the first wage change effective retro-actively to October 23, 2017 and the second wage change to be effective 1/1/2018 and authorized the Council President to sign and the Clerk-Treasurer to Attest to the agreement.  E. Mast seconded the motion.  Motion carried.

  1. Shanahan expressed gratitude to the Town Council saying he is happy he came to work for the Town of Shipshewana and he enjoys his job.

 

WAGE & SALARY ORDINANCE AMENDMENT:  R. Downey reported that two Wage & Salary Amendments have been prepared for the Council’s consideration this evening.  The first Ordinance is for a wage increase for our WWTP Superintendent.  Sean Neeley received his Wastewater Operator Class II Certificate on October 6, 2017 so the Ordinance that deals with his increase of $2.20 per hour due to his certification is retro-active to October 6th.  The second Wage & Salary Ordinance amendment addresses the wage increase for B. Shanahan, the Town Manager and is retro-active to October 23, 2017.  Discussion followed.

 

President C.A. Lazzaro introduced TWO ORDINANCES AMENDING WAGE AND SALARY ORDINANCE NO. II-F-1-d(2) FOR TOWN EMPLOYEES FOR THE CALENDAR YEAR 2017.  Council Member L. Bontrager made a motion, seconded by Council Member T. Hite, that said Ordinances be numbered and placed on first reading, and that the same be read in full at this time.  Motion carried.

 

Said Ordinances having been designated as “II-F-1-d(542)” and “II-F-1-d(543)” 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(542)” and “II-F-1-d(543)” at this meeting, be suspended and that said Ordinances be placed on their final passage.  Motion carried.

 

“II-F-1-d(542)” and “II-F-1-d(543)” having been read in full were then placed upon their final passage, and on call of the roll the vote for the adoption of said Ordinances was as follows:

 

AYES:  Lynn M. Bontrager, Tad T. Hite, Elmer J. Mast, 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(542)” and “II-F-1-d(543)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinances to have duly passed and adopted.

 

SET 2018 EMPLOYEE RETIREMENT RATE:  R. Downey referred Council Members to their paperwork for the August 23, 2017 letter from Edward Jones regarding the required employee notification for the Town SIMPLE IRA Plan.  The notice has been given to the Employees, but the Town still needs to determine their contribution for 2018.  In the past the Town has matched employee contributions up to 3%.  You have the choice of making the up to 3% matching contribution or making a 2% non-elective contribution to all eligible employees, or you can contribute less than 3% for the Town match but this can be done in only two years of any five-year period and the matching contribution can never be less than 1%.  Discussion followed.

 

MOTION:  E. Mast made a motion to match employee contributions up to 3% for the 2018 SIMPLE IRA plan.  L. Bontrager seconded the motion.  Motion carried.

 

2018 MEETING DATES:  R. Downey reported that it is time to set the meeting dates and times for 2018.  Historically the Council has met on the second and fourth Thursday of each month at 6 p.m. except for November where the Council only meets on the second Thursday.  Discussion followed.

 

MOTION:  E. Mast made a motion to set the 2018 Town Council meeting dates for the second and fourth Thursday of each month at 6 p.m. except for the month of November where the Council will only meet on the second Thursday of the month due to the Thanksgiving Holiday and to set the Council Staff meeting for 5 p.m. on the same dates.  T. Hite seconded the motion.  Motion carried.

 

2018 HOLIDAY SCHEDULE:  R. Downey referred Council Members to their paperwork for the proposed 2018 Holiday Schedule and requested approval.  Discussion followed.

 

MOTION:  E. Mast made a motion to approve the 2018 Holiday Schedule as presented.  L. Bontrager seconded the motion.  Motion carried.

 

2018 FIRE CONTRACT/AGREEMENT WITH NEWBURY TOWNSHIP:  R. Downey reported that she had received a signed copy of the 2018 Shipshewana Fire Service Agreement from Newbury Township and requested that the Council sign the agreement.  The Fire Agreement was approved by the Council prior to sending it to the Townships for their signatures, we are still waiting on a signed copy from Van Buren Township.  Discussion followed.

 

MOTION:  E. Mast made a motion to sign the 2018 Shipshewana Fire Service Agreement with Newbury Township as presented.  L. Bontrager seconded the motion.  Motion carried.

 

APPROVAL FOR CLAIMS PAYMENTS BETWEEN COUNCIL MEETINGS:  R. Downey requested approval from the Council to pay claims between Council meetings since there is only one scheduled meeting in November.  The Town Manager will review all claims before payment is made.  Discussion followed.

 

MOTION:  T. Hite made a motion authorizing the Clerk-Treasurer to pay claims between Council meetings for the second half of November.  L. Bontrager seconded the motion.  Motion carried.

 

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

 

TOWN MANAGER REPORT:  B. Shanahan had nothing further to report.

 

  1. A. Lazzaro asked Council Members if they had anything further to bring before the Council.

 

  1. Mast expressed gratitude to all the effort that has been put into the planning for the Light Parade by the Police, Fire Department, everyone. Discussion followed.

 

  1. Hite reported that Blue Star is moving forward with the 30-day assessment of the Towns current server, computers, etc. and all the computers have been tagged at this time. B. Shanahan pointed out that the phone system has not been addressed. T. Hite reported that the tech committee will be meeting next week and reported that Maple Net has been installing some of the equipment for internet service.  Discussion followed.

 

FINANCIAL REPORT:  R. Downey referred Council Members to their paperwork for the Independent Accountant’s Report from the SBOA which covers the audit period of January 2012 through December 2016.  I received the audit report this afternoon via e-mail.  The audit is dated October 27th and will be available to the public via the SBOA Website.  The good news is we meet accounting standards and there were no negative findings.   Discussion followed.

 

  1. Downey reported that paperwork for the Storm Water District Refunding Bonds of 2017 has been sent out by Financial Solutions Group, Inc. (FSG) and bids are due to their office by 10 a.m. on November 21, 2017. FSG will let us know the results after the bids are received.

 

  1. Downey reminded Council Members that there is just one meeting this month due to the Thanksgiving Holiday and asked for a motion to approve the Claims totaling $96,320.06 and Adjustment Journals as submitted. Discussion followed.

 

MOTION:  E. Mast made a motion to approve to approve Claims totaling $96,320.06 and the Adjustment Journals as submitted.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Downey reminded Council Members that they should have received the October 26th Executive Session Minutes. Discussion followed.

 

MOTION:  T. Hite made a motion to approve the minutes of the October 26, 2017 Executive Session as submitted.   E. Mast seconded the motion.  Motion carried.

 

POLICE DEPARTMENT REPORT:  T. Fitch II reported that it has been busy, I do not have the October Monthly Report this evening, but it will be posted on the Police Department Website by next week.  We have been working hard getting things ready for the Light Parade this weekend.  I have received a request from the Chief at the Middlebury Police Department to sell one vest and one uniform to them.  They have hired Austin Miller who was with our department as a Reserve Officer for 4 years.  With your permission we would sell the vest for $500.00 and the uniform for $75.00.  It is helpful when we can work with other departments.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to sell one uniform and one vest and carrier to the Middlebury Police Department at a cost of $550.00.  T. Hite seconded the motion.  Motion carried.

  1. Fitch II reported that he had received some free surplus property from the military for the Police Department. We received more back packs than we can use, and we have a number of officers from the State Police coming to assist with the Light Parade. There was no cost to the Town for these, but I am requesting permission to give some to the State Police Officers and other Officers for their assistance.  Discussion followed.

 

MOTION:  T. Hite made a motion authorizing Town Marshal, T. Fitch II to give the State Police or other Officers surplus back-packs that were received for free from the military surplus program.    E. Mast seconded the motion.  Motion carried.

 

C.A. Lazzaro noted that there have been a number of meetings in preparation of the Light Parade, it is good to see everyone working together.  T. Fitch II pointed out that the Town Maintenance guys have been involved in this process as well and have worked hard.  Discussion followed.

 

C.A. Lazzaro welcomed the Westview Government Class students, introduced the Town Council and Staff and asked the Government Class students to 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.  L. Bontrager seconded the motion.  Motion carried.