September 13, 2018 Council Meeting Minutes

SHIPSHEWANA TOWN COUNCIL

SEPTEMBER 13, 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, C. Arlene Lazzaro, Lynn M. Bontrager, J. Mike Wilcher.  Staff; Robert W. Shanahan, Kurt R. Bachman, Casey Erwin, Ruth Ann Downey.  Public; Guy Thompson, Skylar Wingard, Zoie Bowen, Bradyn Gates, Hunter Risk, Vausas Sam, Kayden Hall, Austin Nordman, Chelsea Weaver, Kathy Heyerly, George Backman.  ABSENT:  Council; Tad T. Hite.

 

Council President, E. Mast called the meeting to order, noted that Council Member Tad T. Hite was absent with all other Council Members being present.  E. Mast  welcomed everyone and asked them to sign in.  Agendas were available.

 

INVOCATION & PLEDGE:  L. Bontrager gave the invocation and J.M. Wilcher led the pledge.

 

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

 

LCEDC INTRODUCTION:  B. Shanahan reported that the new LCEDC President was not able to make it to the meeting this evening and has rescheduled to be here at the October 11th Council meeting.

 

STREET CLOSURE REQUEST – FALL CRAFTERS FAIR:  K. Heyerly Event Coordinator for Riegsecker’s Inc. referred Council Members to a letter to the Council regarding the 2018 Fall Crafters Fair Street Closing and reported that the request for street closures is the same as we have done for the past four years.  The closing would be from 9:00 a.m. on Thursday, October 4th through 5:00 p.m. on Saturday, October 6th, surrounding businesses have been notified and shuttle wagons will be provided to parking in the Flea Market.  We will work closely with the Police Department during this event.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the Street Closures for the Fall Crafters Fair beginning at 9:00 a.m. on Thursday, October 4th through 5 p.m. on Saturday, October 6th on Maple Street east of Summey Street, at 190 feet to the entrance for Pak-A-SAK/Subway.  J.M. Wilcher seconded the motion.  Motion carried.

 

2019 COMMUNITY CROSSINGS GRANT PROJECTS:  C. Erwin of DLZ reported that it is time for submission of the 2018 Community Crossings Grant applications for projects to be completed in 2019.  We are recommending that the Town submit two applications and referred Council Members to a map which listed Application #1 as the East Middlebury Street project from Van Buren Street to Talmadge Street at an estimated construction cost of $914,000.00 with the Town Match being $228,500.00 and Application #2 as the South Morton Street project from East Middlebury Street to the entrance of the Shipshewana Flea Market at a construction cost of $286,000.00 with the Town portion being $71,500.00.  The total street construction cost will be 1.2 million with a water main replacement on E. Middlebury Street costing $200,000.00 which is not a part of the grant but a cost to the Town Water Department.  For the grant portion of the project the Town Match will be $300,000.00.  This evening I am looking for approval to move forward with the 2018 Community Crossings Grant Applications 1 & 2 and for approval of the commitment letter from the Town Council  for a Town match of $228,500.00 for Application #1 and $71,500.00 for Application #2.  There is no guarantee that both projects will be approved.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to approve 2018 Community Crossings Grant Application #1 and #2 for submission committing $300,000.00 as the Town Match for both applications.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Bachman reported that something was said at the County Commissioners meeting about only one submission is allowed for the Community Crossings Grant Application.

 

  1. Erwin reported that all applications are now submitted online and this will be submitted as one application showing both projects. B. Shanahan reported that he plans on talking with Lake Park Industries to see if they can bring in their trucks from the east if we are awarded this grant. Discussion followed.

 

EMPLOYEE REVIEW – 5TH POLICE OFFICER:  B. Shanahan reported that Marshal, Tom M. Fitch II has been out for training and could not make this meeting, but he did provide a positive review for Fifth Officer, Katie Neidemire.  Her one-year anniversary with the Town was on September 11th and per the Town Wage and Salary Ordinance she is eligible for a 25 cent per hour raise with a positive employee review.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve a wage increase of 25 cents per hour for Fifth Officer, Katie Neidemire per the 2018 Wage & Salary Ordinance due to a positive employee review effective September 11, 2019.  L. Bontrager seconded the motion.  Motion carried.

 

AT & T WATER TOWER LEASE AGREEMENT:  B. Shanahan reported that the proposed lease from AT & T has been sent to legal counsel and the Town Council for review.  Legal counsel has advised that what they are requesting is unacceptable, it would lower the amount they are currently paying to the Town for their space on the Park Water Tower.  Their recommendation is to draft a response rejecting the lease agreement as presented and ask them to resubmit.    Discussion followed.

 

MOTION:  L. Bontrager made a motion to reject the Lease Agreement for the Park Water Tower as proposed from AT & T and to authorize the Town Manager to work with the Town Attorney to do what is necessary to come up with an acceptable Lease Agreement.  J.M. Wilcher seconded the motion.  Motion carried.

 

PARK BOARD APPOINTMENT:  B. Shanahan reported that the Park Board is a 5-member Board and we have been operating with 3 members.  Lyle E. Miller is the brother of  Park Board Member Velma Yoder and he has been coming to the Park Board meetings for the last year.  He is a new resident in the Berkshire Development and the Park Board recommends his appointment by the Town Council to the Park Board.  R. Downey reported that an Oath & Appointment Form has been prepared for the Council’s signature, so he can begin his term at the next Park Board meeting.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to approve the appointment of Lyle E. Miller as the fourth Park Board Member on the Shipshewana Park Board effective October 10, 2018 and for the Council to sign the Appointment form.  L. Bontrager seconded the motion.  Motion carried.

 

TECH COMMITTEE APPOINTMENT:  B. Shanahan reported that we need to replace a representative from the Utilities Department to serve on the Tech Committee.  The guys have recommended that Xane Moore serve as their representative on the Tech Committee, he is young and knowledgeable.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to appointed Xane Moore as the Utilities Department Representative to the Tech Committee.  C.A. Lazzaro seconded the motion.  Motion carried.

 

2019 TOWN RETIREMENT RATE CONTRIBUTION:  R. Downey referred Council Members to their paperwork for a letter from Edward Jones Retirement Services dated August 22nd regarding Required Employee Notification for Your SIMPLE IRA Plan.  R. Downey reported that annually the Town Council must make a determination regarding the amount of the matching contribution for the Employee Retirement Plan.  This determination must be made prior to November 2nd since documents are to be provided to the Town Employees by November 2nd and any changes to the contribution option for 2019 must also be provided to our financial Advisor, Sheldon Shrock prior to October 18, 2018.   Historically the Council has done the 3% dollar for dollar match.  Discussion followed.

 

MOTION:  J.M. Wilcher made a motion to make a dollar for dollar matching contribution up to 3% of compensation to eligible employees who elect to defer a portion of their wages into the Town Retirement Plan.  C.A. Lazzaro seconded the motion.  Motion carried.

 

FIREWORKS INSIDE TOWN CORPORATE LIMITS:  B. Shanahan referred Council Members to their paperwork from Town resident Jerry L. Rice of 130 E. Curtis Street regarding the fireworks display that was put on by E & S Sales on August 27th.  Mr. Rice was caught unaware and would like the Town to consider having a Town Permit for fireworks events.  E & S Sales had the required State Permit and the Fire Department was notified as required.  E.& S followed all the current rules.  The Town did receive one other concern regarding debris that fell on a roof on State Street, they were concerned about the possibility of a fire starting from the debris.  Mr. Rice would also like the Council to consider a Noise Ordinance.  E & S Sales was in full compliance.  Since I have been serving as Town Manager I believe there have only been two sets of fireworks set off in Town and then the MEC set their display off just outside of the Town limits.  Discussion followed.  B. Shanahan pointed out that there were a number of people who said they had enjoyed this display.  B. Shanahan recommended that the Council still require anyone setting off fireworks in the Town limits meet the State guidelines.   Council Members agreed.  G. Bachman pointed out that a Noise Ordinance is very hard to enforce.

 

SR5/FARVER STREET UPDATE:  B. Shanahan reported that the construction zone and other signs will be put out tomorrow for the SR 5/Farver Street project.  Rieth-Riley has also provided us with a timeline and they hope to finish the project by October 31st rather than November 30th.  Farver Street will be closed for one week during the road reconstruction and the utility poles need to be moved by NIPSCO.  NIPSCO will not commit to a date for moving the poles due to hurricane Florence in the Carolina’s.   A letter has been sent to everyone on Farver Street/SR 5 regarding this road project and I have received no feedback from the letters.  Discussion followed.

 

TOWN MANAGER REPORT:  B. Shanahan referred Council Members to their paperwork for a quote to paint the South Water Tower and reported that we originally had $50,000.00 in the budget for this project.  We need to get this painted because this Tower has the Museum Logo on it.  We received four quotes as follows:  Industrial Painting Contractors of Taylor, MI $98,600.00.  All Around Painting of Greenwood, IN $109,550.00; AGB Painting, Inc. of Southgate, MI $122,700.00 and Phoenix Fabricators at $53,093.11.  Phoenix Fabricators is the low quote and they have done work for the Town before.  We have talked to the contractor and been assured that the quote of $53,093.11 is good.  Discussion followed.

 

MOTION:  C.A. Lazzaro made a motion to accept the quote from Phoenix Fabricators in the amount of $53,093.11 to paint the South Water Tower.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Shanahan reported that the Tech Committee had met last week to consider a Camera System for the Town Hall. Originally, I was hoping that we could use the camera system from the Car Museum but the cost to remove and reinstall the old system cost more than putting in a new system. You have quotes in your paperwork the first one from Teledata at $7,273.55 is to remove and use the old system from the Car Museum.  To have a new system installed by Teledata the cost is $6,983.80.  M & M Fire Protection & Security submitted a quote of $5,905.00.  The Town uses M & M Security for the alarm at the Water Plant.  Discussion followed.  J.M. Wilcher asked about storage for the system, would it be on the cloud.  E. Mast explained that the monitoring and deletion of the recording would have to be done by someone at the Town Hall, it will be like a DVR and will write over itself at some point.  B. Shanahan recommended that it would be best to have someone from the Police Department in charge of that.  Discussion followed.  R. Downey pointed out that any approval would have to be made subject to confirmation of funds being available.

 

MOTION:  L. Bontrager made a motion to accept the quote from M&M Fire Protection & Security Corporation for a Camera System for the Town Hall at a cost of $5,905.00 subject to confirmation of funds being available for this project.  C.A. Lazzaro seconded the motion.  Motion carried.

 

Council President, E. Mast asked for any corrections or additions to the August 23, 2018 Council meeting minutes.   Discussion followed.

 

MOTION:  L. Bontrager made a motion to approve the August 23, 2018 Council meeting minutes as submitted.  C.A. Lazzaro seconded the motion.  Motion carried.

 

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

 

FINANCIAL REPORT:  R. Downey reported that Halloween is on Wednesday, October 31st and requested that the Council set Trick-or-Treat hours for the Town.  Normally hours are from 5 to 7 p.m.  Discussion followed.

 

MOTION:  L. Bontrager made a motion to set Town Trick-or-Treat hours for 5 to 7 p.m. on Wednesday October 31st.  C.A. Lazzaro seconded the motion.  Motion carried.

 

  1. Downey referred Council Members to their paperwork for the August Fund report and a revised Form #3 for the 2019 Budget and reported that the Public Hearing was originally scheduled for this evening. I was notified that you must have the street address in the box by the Public Hearing Location and Adoption Meeting Location. The first Form #3 that I submitted on Gateway said Town Hall, so it had to be re-submitted which moved back our public hearing date to September 27th with the adoption date now October 11th.  No numbers have changed on this form.  Discussion followed.  A motion to approve the August 30th and September 13th Claims Registers along with the August Bank Reconciliation and Adjustment Journals would be appreciated.

 

MOTION:  J.M. Wilcher made a motion to approve the August Bank Reconciliation, August 30th and September 13th Claims Registers along with the Adjustment Journals as submitted.  L. Bontrager seconded the motion.  Motion carried.

 

  1. Mast asked if anyone had anything further to report. B. Shanahan reported that he would not be at the next Council meeting but would return to work on October 9th.

 

COUNTY COUNCIL REPORT:  G. Bachman reported that the County has allowed for 8 or 9 new employees in the 2019 County Budget.  One position is for a Deputy to work the night shift, which is really needed.  They have also approved a full-time Code Enforcement position for Planning and Zoning, what good is it to have the rules if you have no one to enforce them.  L. Bontrager asked when US 20 was scheduled to re-open.  G. Bachman reported that US 20 is scheduled to re-open on October 31st.  Discussion regarding the detours and the closure of SR 9 and US 20 during Corn School followed.  G. Bachman reported that CR 450 will hopefully be chip-sealed yet this fall.  C.A. Lazzaro asked if there has been any further discussion regarding running Farver Street/CR 200 all the way to CR 850.  G. Bachman reported that we can’t run CR 200 through without redoing CR 850 also.  B. Shanahan pointed out that this will have to be a joint effort, I’ve talked to some of the property owners but there is a long way to go.  G. Bachman expressed concerns about funding for this project and pointed out that it can’t just be the Town and the County.  B. Shanahan reported that we will need State and Federal Funds as well.  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:  C.A. Lazzaro made a motion to adjourn.  L. Bontrager seconded the motion.  Motion carried.

 

 

______________________________________                  _______________________________________

Elmer J. Mast, Council President                                             Lynn M. Bontrager, Council Vice-President

 

 

______________________________________                   ______________________________________

  1. Arlene Lazzaro, Council Member J. Mike Wilcher, Council Member

 

 

______________________________________

Ruth Ann Downey, Clerk-Treasurer