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Council Meeting Minutes/Memoranda – June 25th, 2020

Shipshewana Council Meeting

June 25th, 2020 @ 6:00 P.M.
345 N. Morton Street
Shipshewana, IN 46565

COUNCIL PRESENT:  C. A. Lazzaro, Elmer J. Mast, Joshua A. Weimer, Zachary J. Stoltzfus, Tad T. Hite.

MOTION:  A motion passed to accept the agenda with flexibility. 

POLICE/FIRE JOINT ACTIVITIES:  A request to move the workout room from the Town Hall basement to the Fire Station basement was presented to the Council.  The workout room would be made available to Town Employees. It will be necessary to put a wall in the Fire Station basement to make a workout room.  Discussion followed.  FIRE/POLICE SUMMERFEST:  T. Fitch reported that the committee would meet on July 6th to decide whether to postpone or cancel the Summer Festival, the number of COVID cases may dictate whether the festival moves forward.  Insurance coverage for the festival may be denied due to COVID.  Discussion followed regarding festival insurance coverage. 

MOTION:  A motion passed authorizing the Town Manager, Town Marshal, and Fire Chief to work with the Town Attorney regarding Insurance coverage for the Fire/Police Summerfest should the event move forward and authorization was given to the Council President to sign any necessary paperwork for Insurance coverage for this event outside of a Council meeting. 


STORM WATER RATES:  A comparison analysis on the proposed Storm Water Rates is being done by Financial Solutions Group and should be available for review at the next Council meeting. 

HIGHLAND RIDGE TAX ABATEMENT COMPLAINCE:  A number of concerns were raised concerning substantial compliance  including the drop in the number of 340 employees in 2019 to the 250 employees on the May 13, 2020 report, along with questions regarding  actual wages versus estimated.  Benji Paul, Director of Finance at Jayco reported that inventory had built up which resulted in layoffs, then COVID hit.  We are hoping to hire back people soon, but we cannot promise anything.   The Town Attorney reported that it is the Council’s job to determine if you are in substantial compliance, they need to know the real facts and numbers.  They have the right to cancel the abatement if they cannot find that you are in substantial compliance.  Discussion followed including the completion of the addition to the building as planned, and due to COVID on-site assessments have not been done.  The Council requested confirmation of some of the reported numbers and a current count of employees along with the number of employees in two weeks for further discussion at the next Council meeting.  

FIRE DEPARTMENT LADDER TRUCK PURCHASE REQUEST:  A request for additional information has been sent to FSG (Financial Solutions Group) and is expected back by the July 9th Council meeting.

API FINAL PAY REQUEST APPROVAL (SR 5 IMPROVEMENTS):  Substantial completion of the SR 5 Improvement Project was completed last year.   Minor restoration work has been done and an additional storm water inlet with restoration was added to the project.  For the Council’s consideration this evening there is  Work Allowance Authorization #3 in the amount of $4,300.00 for the additional storm water inlet, Change Order #1 and Final that decreases the contract by $64,673.46 and Pay Application #8 & Final in the amount of $11,300.00 which includes release of the retainage and payment for the work allowance.  Discussion followed.

MOTION:  A motion passed approving Work Allowance Authorization #3 in the amount of $4,300.00 for the additional storm water inlet and authorization was given for the Council President to sign the same. 

MOTION:  A motion passed approving Change Order #1 & Final for the SR 5 South Infrastructure Project reducing the contract by $64,673.46 bringing the final Contract Price to $733,949.04.

MOTION:  A motion passed approving API Construction, Corp Pay Request #8 & Final Retainage in the amount of $11,300.00 and authorization was given to the Council President to sign the same. 

UPDATE TO TOWN MANAGER AGREEMENT (TAKE HOME VEHICLE):  Earlier this year the Council had approve the use of an old police vehicle for Town business, and as a take home vehicle for the Town Manager.  There were no written guidelines regarding the vehicle use, now we have guidelines in writing for the Council’s consideration.  Discussion followed.

MOTION:  A motion passed approving the Amendment of the Employment Agreement for the use of a take home vehicle by the Town Manager and authorized the Council President to sign the same. 

OLD RESTROOM PARKING LOT QUOTES:    Due to the difference in the grade of the old restroom concrete floor and the surrounding area the old floor was removed, now we have quotes for grading and concrete work to finish the area so that it can be used as a parking lot.  Quotes were as follows:  Ranger Materials of Warsaw, IN $28,815.00; Hochstetler Concrete of Millersburg, IN $13,913.50; and R & M Concrete, LLC of Shipshewana, IN $13,763.60.  All three have done work for the Town before.

MOTION:  A motion passed approving the quote from R & M Concrete, LLC in the amount of $13,763.60 to do the grading and concrete work at the old public restroom site.

FIRE HYDRANT QUOTES:  The Town has 9 hydrants that need replacement due to 2” connection points when the Fire Department needs a 4” connection.  Three quotes were requested but only two quotes were submitted as follows:  Niblock Excavating, Inc. of Bristol, IN $133,824.00; and API of LaOtto, IN $95,250.00 without bonds and INDOT permits, with bonds and INDOT permits the quote is $96,850.00.

MOTION:  A motion passed approving API of LaOtto, IN to do the hydrant replacement work at a cost of $96,850.00. 

E. MIDDLEBURY STREET ROAD CONSTRUCTION UPDATE:  Niblock is working on the drainage portion of the project on E. Middlebury Street.  All property owners in that area have been contacted regarding the construction, and like last year we continue to have issues with Semi’s trying to go down E. Middlebury Street.  We are working on more signage to help this issue.  Niblock is on schedule. 

2021 ROAD CONSTRUCTION PROJECT SELECTIONS (FOR 2020 CCMG APPLICATION):  C. Erwin of DLZ presented a map with the possibilities for 2021 road work.  Projects include W. Middlebury Street at a cost of $675,000.00.  Berkshire Drive reconstruction at a cost of $1,000,000.00, plus storm sewer repair at a cost of $30,000.00.  Curtis, Davis, and Indiana Streets at a cost of $765,000.00, plus $250,000.00 in water line replacement, and High street at a cost of $90,000.00.  Discussion followed regarding project prioritization.   INDOT does not always go with priorities as submitted by the communities.

MOTION:  A motion passed approving Berkshire Drive as #1 and W. Middlebury Street as #2 for the 2020 CCMG application.   

PLAT REVIEW OF THE COUNTRY CROSSING SUBDIVISION:  This proposal includes two phases.  Phase 1 will include 6 single residential units and Phase II will include 20 units for a total of 26 homes.  This plat will come up for review at the next County Plat Committee meeting.  It will include new roads, curbs, gutters, and will meet the Town’s Development Standards.  DLZ will review their plans and there will be several steps at the County level before final approval.  The Council needs to make a recommendation regarding the project to be sent to the County Plat Committee.  Discussion followed.  Concern was expressed regarding the use of Parkway as a street name when there is already a Park Way Street due to the confusion it could cause for first responders.   Discussion followed regarding lot size, snow removal from the proposed cul-de-sac, easement, drainage, and on street parking.

MOTION:  A motion passed accepting the Country Crossing Plat as presented subject to a street name change from Parkway and meeting all County Building and Town Development specifications. 

SR 5 SIDEWALK PROJECT:  C. Erwin presented a map for the Council’s consideration for sidewalks along SR 5 from the Blue Gate Garden Inn going south to meet existing sidewalks at Farver Street.  Permits for temporary easements will be necessary and we need to finish the plans before we can put this project out for bids.  We have the preliminary design done and we are looking for direction regarding this project.  Do we move forward toward the bid process, the approximate project cost is $300,000.00.  Discussion followed regarding trying to stay out of INDOT right-of-way, the amount of pedestrian traffic along SR 5, and what a positive having sidewalks on SR 5 would be for the community. 

FINANCIAL REPORT:  A reminder was given regarding the Special Council Meeting on June 29th at 3:00 p.m. to discuss possible expenditures from the Unrestricted Gift Fund.  Round #1 of the 2021 Budget has been scheduled for July 14th with the Town’s Financial Consultant, Greg Guerrettaz of FSG.  At the July 9th Council meeting there will be a Public Hearing regarding Additional Appropriation along with the opening of sealed bids for the Sale of a Fire Truck and Police Vehicle.  Council Members have received the May Fund Report.  A request for approval of the May Bank Reconciliation and the June 25th Claim Register was made.

MOTION:  A motion passed approving the May Bank Reconciliation and the June 25, 2020 Claims Register. 

MOTION:  A motion passed adjourning the meeting.

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Tad T. Hite, Council President                                              Zachary J. Stoltzfus, Council Vice-President

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C. Arlene Lazzaro, Council Member                                     Elmer J. Mast, Council Member


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Ruth Ann Downey, Clerk-Treasurer                                      Joshua A. Weimer, Council Member