TOWN COUNCIL MEETING
AUGUST 25, 2016 6:00 P.M.
SHIPSHEWANA TOWN HALL
345 N. MORTON STREET
SHIPSHEWANA, IN 46565
PRESENT: Council; Roger D. Yoder, C. Arlene Lazzaro, Elmer J. Mast, Lynn M. Bontrager, J. Mike Wilcher.
Staff; Mike Sutter, Kurt R. Bachman, Casey Erwin, Ruth Ann Downey. Public; Guy Thompson, Marvin Yoder, Andrew Troyer.
Council President, R. Yoder 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 J. M. Wilcher led the pledge.
MOTION: E. Mast made a motion to accept the agenda with flexibility. L. Bontrager seconded the motion. Motion carried.
- Yoder asked if anyone had any corrections or additions to the August 11, 2016 Council meeting minutes.
MOTION: E. Mast made a motion to accept the August 11, 2016 minutes as presented. C.A. Lazzaro seconded the motion. Motion carried.
BID AWARD MAIN – TALMADGE STREET PAVING IMPROVEMENTS: C. Erwin reported that bids were opened at the last Council meeting. Two bids were received one from Pulver Asphalt Paving, Inc. in the total amount of $118,332.50 and one from Niblock Excavating, Inc. in the total amount of $142,181.00. C. Erwin referred Council Members to their paperwork for the bid tabulation and reported that the paperwork for both bidders are in proper order. Pulver Asphalt Paving, Inc. is the lowest bidder whether the Town decides to award part or all of this project. Pulver quoted $82,095.00 for Part 1 which is East Main & Talmadge Street. Part 2 which is for Talmadge Street was quoted at $36,237.50 for a total bid of $118,332.50. Pulver’s mobilization costs do exceed the 5% limit that was set so you would have to consider waiving that requirement if you choose to award the project to them. You can award Part 1, Part 2 or both. I have a Notice of Award Document prepared for your approval. Discussion followed.
- Yoder request input from the Council. J.M. Wilcher expressed interest in moving forward with Part 1 for Main Street and addressing Part 2, Talmadge Street at a later date. Discussion followed. K. Bachman reminded the Council that should they decide to go with the low bidder that they will have to waive the non-compliance for mobilization because it exceeds the 5% limit. M. Sutter pointed out that the mobilization fees for Pulver come to 6%. Discussion followed.
MOTION: J.M. Wilcher made a motion to waive the non-compliance for the mobilization fees not to exceed 5% for this project. E. Mast seconded the motion. Motion carried.
MOTION: E. Mast made a motion to award Part 1 for East Main & Talmadge Street pavement improvements to Pulver Asphalt Paving, Inc. of Albion, IN in the amount of $82,095.00. J.M. Wilcher seconded the motion. Motion carried.
- Erwin presented the Notice of Award for Part 1 to the Council for their consideration and signature.
MOTION: C.A. Lazzaro made a motion to sign the Notice of Award for Part 1, East Main Street in the Amount of $82,095.00 with Pulver Asphalt Paving, Inc. and to sign the same. L. Bontrager seconded the motion. Motion carried.
- Sutter reported that Part 2 of the repaving project is not being done at this time due to some questions regarding property lines. Discussion followed.
- Yoder noted that item #1 on the Agenda would be tabled because Alvin Miller was not present and asked C. Erwin if he had anything further for the Council.
- Erwin reported that the majority of the TIF Legacy Bond projects have been completed but there are two action items for the Council to consider. One item is Change Order #3 for the TIF Legacy project which includes concrete and storm water work by the public restrooms along with concrete work in the front and rear of the B&G/Police Garage (old Fire Station) on SR 5 for a net increase of $91,247.61 bringing the total contract price to $817,925.41. M. Sutter pointed out that this Change Order will be signed by the Redevelopment Authority but requires a favorable recommendation from the Town Council. Discussion followed.
MOTION: J.M. Wilcher made a motion to give a favorable recommendation to the Shipshewana Redevelopment Authority for Change Order #3 for the TIF Bond Legacy project as submitted. C.A. Lazzaro seconded the motion. Motion carried.
- Erwin requested approval for pay request #6 in the amount of $36,097.64 for Walsh & Kelly and reported that we are still holding approximately $13,000.00 of the retainage for these projects. (See attached). Discussion followed.
MOTION: L. Bontrager made a motion to approve Payment #6 for Walsh & Kelly in the amount of $36,097.64 for the TIF Legacy projects. E. Mast seconded the motion. Motion carried.
PAINT STRIPER PURCHASE APPROVAL: M. Sutter referred Council Members to their paperwork for 3 quotes on a Paint Striper to be used by all the departments and reported that in 2015 the Town spent nearly $5,000.00 on curb and street striping. We can do the work ourselves if we have the proper equipment. The low quote is from Airlessco Sure Strip in the amount of $2,976.00, the high quote is from Line Lazer at $4,304.00. We are recommending going with the middle quote in the amount of $3,875.00 from Titan Power. The Titan has a 5 year engine warranty along with a 4 year warranty on the remainder of the equipment, it also has a larger engine. I am recommending that 75% of the cost come from the MVH Fund, 10% from Water, 10% from Sewer, and 5% from the Storm Water Utility. This striper comes with attachments to spray paint fire hydrants and other equipment for the utilities. Discussion followed.
MOTION: C.A. Lazzaro made a motion to go with the middle quote and purchase the Titan Power Liner paint striper at a cost of $3,875.00 due to the larger engine and longer warranty. E. Mast seconded the motion. Motion carried.
APPROPRIATION TRANSFER ORDINANCE: R. Downey reported that this Ordinance is only moving the right to spend money from one line item to another. Discussion followed.
President R. Yoder introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL, TIF, MVH, PARK, FOOD & BEVERAGE TAX, TOWN CENTER OPERATING AND FIRE FUNDS. Council Member L. Bontrager made a motion, seconded by Council Member E. Mast 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(514)” 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(514)” at this meeting, be suspended and that said Ordinance be placed on its final passage. Motion carried.
“II-F-1-d(514)” 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, Elmer J. Mast, C. Arlene Lazzaro, J. Mike Wilcher, Roger D. Yoder.
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(514)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.
FINANCIAL REPORT: R. Downey reported that the ILMCT Fall District meeting would be held on October 12th & 13th in Middlebury, IN. The cost for the two day training is $140.00, the second day is a SBOA called meeting, the first day is for training. Training topics include Internal Controls, Human Resources and Year End Duties. Discussion followed.
MOTION: C.A. Lazzaro made a motion to pay for and approve the attendance of the Clerk-Treasurer at the ILMCT Fall District meeting in Middlebury, IN on October 12th & 13th. E. Mast seconded the motion. Motion carried.
- Downey reported that it would be necessary to do an additional appropriation for the Town Center Operating Fund. When the budget for 2016 was set we anticipated entering into a lease agreement much earlier than we did. Form #3 for the 2017 Budget has been posted to the Gateway Website. Prior to the end of August we will have a link on the Town Website so that the public can review the proposed 2017 Town Budget. We will hold our Budget hearing on September 22nd and Final Adoption of the 2017 Budget will take place at the October 13th Council meeting. A motion to approve the Claims Register and Adjustment Journals would be appreciated. Discussion followed.
MOTION: E. Mast made a motion to approve the Claims Registers and Adjustment Journal as presented. C.A. Lazzaro seconded the motion. Motion carried.
TOWN MANAGER REPORT: M. Sutter reported that the Veterans of Foreign Wars Auxiliary Members had 30 members present when they toured the Car Museum, and they were thrilled with the Proclamation of Unwavering Support of Uncommon Heroes Day. The recycling bins will be temporarily moved from behind the Old Fire Station, Buildings & Grounds/Police Garage, to the Ball Diamond parking area for approximately four or five weeks to allow completion of the concrete work around the building. Delivery of the new mid-size plow truck is expected by October 15th. The leaf pick-up equipment is being prepared for the season. Discussion followed.
ATTORNEY REPORT: K. Bachman reported that the Lease Documents for the mid-size plow truck have been reviewed and are ready for the Council President and Clerk-Treasurer’s signatures. This is a 5 year lease with a principal amount of $62,486.00 at 2.02%. The first payment is due in March of 2017 and is paid every six months in the amount of $6,600.94. The lease payment includes the truck and plow equipment. Discussion followed.
MOTION: E. Mast made a motion authorizing the Council President and Clerk-Treasurer to sign all documents necessary to enter into a Lease Agreement between U.S. Bancorp Government Leasing and Finance, Inc. and the Town of Shipshewana for the purchase of a mid-size plow truck. J.M. Wilcher seconded the motion. Motion carried.
- Yoder asked if there was any further business to bring before the Council. There being no further business R. Yoder asked for a motion to adjourn.
MOTION: C.A. Lazzaro made a motion to adjourn. L. Bontrager seconded the motion. Motion carried.