SHIPSHEWANA TOWN COUNCIL
DECEMBER 13, 2018 5:00 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, Tad T. Hite. Staff; Robert W. Shanahan, Kurt R. Bachman, Tom M. Fitch II, Todd Thurber, Ruth Ann Downey. Public; Ryan Klauessen, Connor Baker, Kate Sumpter, Kaylee Kiessling, Kent Yoder, Anthony Miller, Grissom Newman, Audrey Brown, Kayden Hall, Aaron Conatzer, Tyler McNamara, Cody Collyer, Markus Miller, Lyle Miller, Eldon Christner, Merle Christner, William F. Connelly, Todd Thurber.
Council President, E. Mast 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: C.A. Lazzaro made a motion to accept the agenda with flexibility. T. Hite seconded the motion. Motion carried.
STORAGE UNIT RENTAL AGREEMENT: Town Manager, B. Shanahan reported that the Town does not have enough storage space to keep all the Town equipment under roof. Equipment that is left outside deteriorates then the equipment takes more money to maintain. Marshal, T. Fitch II has found a self-storage building in the area that can be rented by the Town for $640.00 per month. This building will be available to various departments, not just the Police Department for storage purposes. I authorized them to enter into an agreement on November 16th with the understanding that the agreement would be cancelled if the Council did not approve. The statement in front of you from APROP, LLC. includes rental from November 16th through December 31, 2018 and a security deposit. Discussion followed.
MOTION: L. Bontrager made a motion to approve the rental of a self-storage building for the Town effective November 16, 2018 and to pay invoices as submitted on the statement which includes a deposit, rental for November 16 – 30, 2018, and rental for the month of December for a total amount of $1,600.00 with the balance on the statement of $640.00 being paid at the December 27th Council meeting for the January building rental. T. Hite seconded the motion. Motion carried.
POLICE VEHICLE PURCHASE: Marshal, T. Fitch II reported that the car he is currently driving has a part in the motor that is bad, it will take $2,700.00 to repair. The issue has to do with the lifters, and I have been told that even if we put the money into the vehicle and have it repaired the other half could have the same issue and it would cost another $2,700.00 to repair. My car is a 2012 with 85,000 miles on it. Each year in the Police Department budget the purchase of a police vehicle and equipment is allowed. I have been told that it may take up to 8 weeks before delivery of the vehicle so I would like to place the order now so we can have delivery shortly after the new year. T. Fitch II referred Council Members to their paperwork for a 2019 Ram 1500 SSV Truck, at the bottom of the page is the total cost with accessories. Sorg Dodge of Goshen, IN is the closest and the preferred dealership with a quote of $28,675.00 with accessories $35,989.71; Glenbrook Dodge of Ft. Wayne, IN is $28, 619.00 and with accessories is $35,933.71; and Fletcher’s Dodge of Franklin, IN which is the state bid is $29,639.00 with accessories $36,953.71. T. Fitch pointed out that the difference between the bids is only $50.00. Discussion followed.
MOTION: C.A. Lazzaro made a motion authorizing the Town Marshal to order a 2019 Ram 1500 SSV truck from the closest dealership, Sorg Dodge of Goshen, IN with accessories for an amount not to exceed $35,989.71 with delivery after the first of the year and the purchase being subject to final approval of the 2019 Budget. J.M. Wilcher seconded the motion. Motion carried.
HIRING OF 6TH POLICE OFFICER: T. Fitch II reported that the position for a sixth police officer is a part of the 2019 Police Department Budget. We have gone through the interview process and I would like approval to offer conditional employment to the top candidate with a start date after the first of the year subject to final approval of the 2019 Budget. In your paperwork you have a letter regarding a conditional employment offer to Jacqueline Marie Ross. We have a standardized test that we use, and she had the best score, she is the top candidate for the position. She is currently working in the criminal justice system in LaGrange County and has a bachelor’s degree. Jacqueline knows the area. Discussion followed. T. Fitch reported that her background check is done but Jacqueline will still need to pass her physical, drug screen, psych evaluation, voice stress, etc. before official employment with the Town.
MOTION: L. Bontrager made a motion approving the offer of conditional employment to Jacqueline M. Ross as the 6th Police Officer for the Town subject to passing her physical, drug screen, and other required testing and subject to approval of the 2019 Budget with her official hire date being after January 1, 2019. C.A. Lazzaro seconded the motion. Motion carried.
POLICE DEPARTMENT REPORT: T. Fitch reported that we have had a number of issues come up with our police vehicles including blown tires and damaged rims because Nick Byroad was trying to avoid an accident. We have also had some warranty work done on the cars. Yogi and N. Byroad completed K-9 training on December 6th. Discussion followed.
2019 FIRE SERVICE AGREEMENT WITH NEWBURY TOWNSHIP: B. Shanahan reported that Newbury Township has signed the 2019 Shipshewana Fire Service Agreement, now it comes back to the Town Council for signature. Discussion followed.
MOTION: T. Hite made a motion to enter into the 2019 Fire Service Agreement with Newbury Township and to sign the same. C. A. Lazzaro seconded the motion. Motion carried.
APPROPRIATION TRANSFER ORDINANCE: Clerk-Treasurer R. Downey reported we are just moving monies from one line-item to another, so no appropriation is in the negative.
President E. Mast introduced AN ORDINANCE TRANSFERRING MONIES IN THE GENERAL, MVH, FOOD & BEVERAGE AND FIRE FUNDS. Council Member C.A. Lazzaro 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(568)” 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 C.A. Lazzaro, 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(568)” at this meeting, be suspended and that said Ordinance be placed on its final passage. Motion carried.
“II-F-1-d(568)” 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: C. Arlene Lazzaro, J. Mike Wilcher, Lynn M. Bontrager, 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(568)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.
AMENDED 2019 WAGE & SALARY ORDINANCE: R. Downey reported that typographical, payment percentage and department breakdown errors were found when reviewing the 2019 Wage and Salary Ordinance that was passed by the Council on November 8th. In the 2019 Budget part of the pay for the Police Department Office Help/Coordinator was to be paid out of the Fire Fund because the firefighter who was doing their clerical work would not have time to do it in 2019. Discussion followed. R. Downey pointed out that the November 8th Wage & Salary Ordinance will need to be repealed.
MOTION: L. Bontrager made a motion to repeal the 2019 Wage & Salary Ordinance that was passed on November 8, 2108. J.M. Wilcher seconded the motion. Motion carried.
President E. Mast introduced AN ORDINANCE ESTABLISHING WAGES AND SALARIES FOR TOWN EMPLOYEES FOR THE CALENDAR YEAR 2019. Council Member L. Bontrager 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(2)” 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 C.A. Lazzaro, 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(2)” at this meeting, be suspended and that said Ordinance be placed on its final passage. Motion carried.
“II-F-1-d(2)” 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, J. Mike Wilcher, C. Arlene Lazzaro, 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(2)” having been passed after unanimous suspension of the rules, the President thereupon declared said Ordinance to have duly passed and adopted.
2019 CLERK-TREASURER & BLANKET BOND APPROVAL: R. Downey reported that the Clerk-Treasurer’s bond for 2019 has been received and requires the Council’s approval and signature. We have also received the Public Employees Blanket Bond that provides coverage for the Town Manager, Utility Billing Clerk, Administrative Assist, and Redevelopment Commission Members. This bond also requires the Council’s approval and signature. Discussion followed.
MOTION: C.A. Lazzaro made a motion to approve the 2019 Blanket Bond and the 2019 Bond for the Clerk-Treasurer as presented and to sign the same. L. Bontrager seconded the motion. Motion carried.
2019 ATTORNEY CONTRACT: R. Downey reported that the 2019 Contract for Legal Services had been received from Beers, Mallers, Backs, & Salin, LLP. The hourly rate has increase by $10.00 per hour which is approximately a 5% increase with all of the other terms and conditions remaining the same. Discussion followed.
MOTION: T. Hite made a motion to approve the 2019 Contract for Legal Services as presented from Beers, Mallers, Backs, & Salin, LLP. L. Bontrager seconded the motion. Motion carried.
SET 2019 MEETING DATES: R. Downey reported that historically the Council has met on the second & fourth Thursday of each month at 6:00 p.m. with the exception of November when the Council only meets on the second Thursday of the month due to the Thanksgiving Holiday. Discussion followed.
MOTION: C.A. Lazzaro made a motion to set the 2019 Council meeting dates for the second and fourth Thursday of each month to begin at 6 p.m. with the exception of November when we will only meet on the second Thursday of the month. T. Hite seconded the motion. Motion carried.
LANDMARK BUILDERS – NEW BUSINESS: B. Shanahan reported that Dan Bontrager of Landmark Builders had requested to be on the agenda but the business that is being proposed is at 5 & 20 and lies outside the Town Corporate limits. B. Shanahan referred Council Members to their paperwork for a Beacon Map that shows the property they want to develop and noted that they do want to connect to the Town Sewer system. They will have to get a waiver from the LaGrange County Utility District before the Town can consider allowing them to connect to the Town Sewer system. This property sits on the southwest corner of SR 5 & US 20 and there is no water available in that area at this time. I have not been told the nature of the proposed business at this time. Discussion followed.
PROPERTY ACQUISITION SR 5 LIFT STATION: B. Shanahan reported that the Town will be opening bids for the SR 5 South Infrastructure Improvement Project at our special meeting on December 21st at 11 a.m. Part of this project includes relocation of the lift station, which requires the Town to purchase some property from Mr. Glenn Bontrager because we need to take a portion of his field for the lift station. Mr. Bontrager is requesting $6,000.00 for this piece of property. I am asking for permission to move forward with the purchase of this piece of property and request authorization for the Town Attorney to draw up the necessary paperwork for the sale of the property. Discussion followed.
MOTION: T. Hite made a motion authorizing the Town Manager to move forward with the purchase of a piece of property for the lift station relocation at SR 5 & US 20 from Mr. Glenn Bontrager in the amount of $6,000.00 and for the Town Attorney to draw up the necessary paperwork for the sale of the property. C.A. Lazzaro seconded the motion. Motion carried.
ATTORNEY REPORT: K. Bachman reported that at the Council’s direction he had been working with the Town Manager to update the Town Manager’s Employment Agreement. This will be a two-year agreement and the Town Manager’s wages will be what is stated in the Wage and Salary Ordinance. B. Shanahan noted that he is happy with the Agreement that has been prepared. Discussion followed.
MOTION: L. Bontrager made a motion to accept the Two-Year Employment Agreement for the Town Manager as presented and authorized the Council President to sign the same. J.M. Wilcher seconded the motion. Motion carried.
- Mast asked Council Members if they had anything further to bring before the Council. C.A. Lazzaro asked how long the Farver Street detour signs would be up. B. Shanahan pointed out that some of the signs maybe multi-purpose and up for a while, but he would check into it. T. Hite pointed out that some of the detour signs are confusing. Discussion followed.
FINANCIAL REPORT: R. Downey reported that the Council should have received minutes from the November 7th Special Town Council meeting and the November 8th Regular Council meeting. Discussion followed. E. Mast asked for a motion regarding the minutes.
MOTION: C.A. Lazzaro made a motion to approve the minutes of the November 7, 2018 Special Town Council meeting and the minutes of the November 8, 2018 Regular Council meeting as presented. L. Bontrager seconded the motion. Motion carried.
- Downey referred Council Members to their paperwork for the October Fund Report and reminded everyone that there will be a Special Town Council meeting at 11 am on December 21st to open bids for the SR 5 Improvement Infrastructure Project and the Public Restrooms, hopefully we will be ready to give Notice of Award at the December 27th Council meeting. On Wednesday the Town received our 1782 Notice for the 2019 Budget. This is not the Final Budget approval but the first step in the Budget approval process. At this time, they have not requested any cuts to the Budget that the Town has requested. The Town’s Assessed Value has gone up from 76,705,862 for 2018 to 94,747,697 for 2019. The Town tax rate in 2018 is 1.2459 and the proposed tax rate for 2019 is 1.1788. Discussion followed.
A motion to approve the November 30th and the December 13th Claims Registers along with the Adjustment Journals and October Bank Reconciliation would be appreciated.
MOTION: C.A. Lazzaro made a motion to approve the November 30th and December 13th Claims Registers along with the Adjustment Journals and the October Bank Reconciliation as presented. J.M. Wilcher seconded the motion. Motion carried.
- Mast introduced the Town Council and Staff to the Westview Government Students and asked them to introduce themselves and ask any question they may have. Introductions followed. One student asked how used police cars are disposed of. E. Mast responded that we normally take silent bids and award the car to the highest bidder.
There being no further business to come before the Council E. Mast asked for a motion to adjourn.
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Elmer J. Mast, Council President Lynn M. Bontrager, Council Vice-President
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Arlene Lazzaro, Council Member J. Mike Wilcher, Council Member
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Ruth Ann Downey, Clerk-Treasurer Tad T. Hite, Council Member
