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July 12, 2018 Council Meeting Minutes


JULY 12, 2018  6:00 P.M.


Roger D. Yoder Council Room

345 N. Morton Street

Shipshewana, IN  46565


PRESENT:  Council; Elmer J. Mast, C. Arlene Lazzaro, J. Mike Wilcher, Tad T. Hite, Lynn M. Bontrager.  Staff; Kurt R. Bachman, Casey Erwin, Chad L. Miller, Robert W. Shanahan, Ruth Ann Downey.  Public; George Bachman, Marvin Yoder.


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:  C.A. Lazzaro gave the invocation and J. M. Wilcher led the pledge.


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



FIRE DEPARTMENT EQUIPMENT PURCHASE UPDATE:  B. Shanahan reported that at the last Council meeting he had been instructed to contact the Newbury and the Van Buren Township Trustees regarding cost sharing for the equipment for the new fire truck.  Van Buren has said that they will not assist but a good discussion was held with the Newbury Township Trustee.  A list of the equipment and quotes were provided to the Newbury Township Trustee.  Concern was raised that should they participate in the purchase of this equipment that there would be no money left for emergency truck and/or equipment repairs per our Fire Agreement for the rest of 2018.  It was also pointed out that approval for the equipment purchase would have to go before the Newbury Township Advisory Board.  The Newbury Township Trustee felt her Advisory Board would be more inclined to participate in the Fire Truck Equipment Purchase if a letter was provided to the Advisory Board from the Town stating that the Town would cover any truck or equipment repairs for the remainder of 2018.  B. Shanahan read the proposed letter as follows:  As a supplement to the 2018 Shipshewana Fire Service Agreement between the Town of Shipshewana (“Town”) and Newbury Township (“Township”), and partly in consideration for the Township’s share of the purchase of safety equipment for the new fire truck for the Town’s Volunteer Fire Department (“Department”), the Town hereby agrees to assume all financial responsibility between now and December 31, 2018, inclusive, for all repair involving the Department’s equipment for which the Township may have otherwise incurred liability.  The letter requires the signature of all Council Members.  Discussion followed.  T. Hite reported that he would be abstaining from any motion regarding the purchase of the new fire truck equipment because he has submitted a quote for some of the equipment.


MOTION:  C.A. Lazzaro made a motion to approve and sign the letter to the Newbury Township Trustee regarding the Town assuming all financial responsibility between now and December 31, 2018 for all repairs involving the Fire Department’s equipment for which the Township may have otherwise incurred liability.  L. Bontrager seconded the motion.  AYES:   C.A. Lazzaro, E. Mast, L. Bontrager, J.M. Wilcher.  NAYS:  – 0 –  ABSTENTIONS:  T. Hite.  Motion carried.




SR 5/FARVER STREET LANE IMPROVEMENTS – BID AWARD:  B. Shanahan reported that bids were opened for this project on Tuesday, July 10th and Casey Erwin of DLZ is here to report on and review the bids with the Council.  C. Erwin referred Council Members to their paperwork for the bid tabulation, map of the proposed project and Notice of Award.  C. Erwin asked Council Members to refer to the last page of their packet which is the Map/Exhibit for the project.  C. Erwin reported that this project will include additional pavement on SR 5 and Farver Street along with the resurfacing of Farver Street and sidewalks on the south side of Farver Street from SR5 to the MEC.  There will also be some storm drainage improvement and a new signal at the intersection included as part of this project.  Two bids were received for this project, they were opened and read on July 10th both bids have met all the requirements.  API of Laotto, IN was the high bid at $827,069.50 and the low bid at $697,906.30 was from Rieth-Riley Construction Co. Inc, out of South Bend, IN.  I have talked with Reith-Riley , all their paperwork is in order, and they are good with their bid.  I believe we had a limited number of bidders for this project due to the timeframe of the project and the deadline of November 30th.  C. Erwin recommended that the Council accept the bids as submitted;  award the bid to the low bidder Rieth-Riley in the amount of $697,906.30; and upon receipt of the bonds, certification of insurance, and any other required paperwork authorize signature of the Contract outside of a Council meeting.  Discussion followed.


MOTION:  C.A. Lazzaro made a motion to accept the bids for the State Road 5 & Farver Street Lane Improvements Project as submitted.  T. Hite seconded the motion.  Motion carried.


MOTION:  T. Hite made a motion to award the bid to the low bidder, Rieth-Riley Construction Company Inc. of South Bend, IN in the amount of $697,906.30.  L. Bontrager seconded the motion.  Motion carried.


MOTION:  T. Hite made a motion to authorize execution of the Contract with Rieth-Riley Construction Company, Inc. outside of a Council meeting subject to receipt of bonds, proof of insurance, review and approval of all documents by the Town Attorney and Town Engineer.  C.A. Lazzaro seconded the motion.  Motion carried.


  1. Erwin reported that he would recommend coordination of a pre-construction meeting with the people from the MEC and the Shipshewana Auction Campgrounds, along with any residents on Farver Street in the construction area. B. Shanahan reported he had planned on a meeting with the MEC tomorrow. Discussion followed.


SEWER RATE ORDINANCE INTRODUCTION:  K. Bachman reported that tonight is the Introduction for the proposed Sewer Rate Ordinance.  A public hearing will need to be set, and notice needs to be mailed to people outside of the Town Corporate Limits who receive sewer service from the Town.  R. Downey reported that the Ordinance reflects a proposed 5% rate increase and adds an Industrial and Manufacturing monthly base rate.  Discussion followed.


MOTION:  L. Bontrager made a motion to introduce AN ORDINANCE AMENDING THE TOWN CODE PROVIDING FOR A SEWER FEE INCREASE AND REVISING RELATED PROCEDURES.  T. Hite seconded the motion.  Motion carried.


MOTION:  T. Hite made a motion to set the Public Hearing for the Sewer Rate Ordinance for August 9, 2018 at 6:00 p.m. to be held at the Town Hall in the Roger D. Yoder Council Room.  L. Bontrager seconded the motion.  Motion carried.


COMMUNITY CROSSINGS GRANT UPDATE:  B. Shanahan reported that Harrison Street has been completed and opened since July 1st for one-way traffic.  We have had no accidents, but it has been a challenge, we have placed a big sign at the north end of Harrison Street to let people know it is now a one-way street.  The rest of the Community Crossings Grant projects should be completed by the week of July 23rd with the exception of striping on the streets.  We have had a couple of problem areas but overall everyone seems to be happy with the results.  Discussion followed.


SOUTH TORNADO SIREN UPDATE:  B. Shanahan reported that there are frequency problems between the new Town Siren and dispatch, they are working on tweaking the settings and hope to have it up and running this Saturday.  The fence has been installed around the siren and once the frequency problems are worked out it is ready to go.  Discussion followed.


HUDSON CAR AUCTION UPDATE.  B. Shanahan reported the August 4th date for the Car Auction is quickly approaching.  The Shipshewana Car Museum Inc. has received five additional cars from the estate and Worldwide Auction is working with us to establish a value on these cars for insurance purposes.  I have some passes from Worldwide Auction for the date of the sale.  Discussion followed.


MIDDLEBURY STREET & WOLFE DRIVE ROAD REPAIR WORK:  B. Shanahan reported that the County has come in and repaired the buggy ruts on Middlebury Street for an approximate cost of $7,000.00 with the majority of the cost being for materials, the labor cost from the County is minimal.  Friday API WILL Mill and resurface Wolfe Drive, we are only replacing what was there.  Discussion followed.


TOWN MANAGER REPORT:  B. Shanahan reported that there has been some storm water drainage infrastructure that has buckled on the North Morton Street extension.  We have two damaged inlets that have popped out of the ground and there are four more inlets along that section of road that have not been damaged yet.  API and our Engineer have looked at the damage and believe that the rolled curb and gutter need to be cut to allow for expansion joints to prevent damage to the four drains that have not been damaged yet and they will need to reset the casting on the two storm drains that have received damage.  API has submitted a quote of approximately $4,400.00 to do this repair work and hopefully prevent any further damage to the inlets along this section of road.   Discussion followed.


MOTION:  C.A. Lazzaro made a motion authorizing API to do the necessary repair work on the inlets along the North Morton Street extension at a cost not to exceed $5,000.00.  T. Hite seconded the motion.  Motion carried.


FIRE DEPARTMENT REPORT:  Fire Chief, C. Miller referred Council Members to their paperwork for two quote packets.  The first packet is for a K-12 Rescue Saw and Hoosier Equipment of Valparaiso, IN is the low quote at $1,698.75 we would like to purchase this saw from the Fire Gift Fund.  PR Dimond Products, Inc. of Las Vegas, NV quoted $1,713.55 and ACE Cutting Equipment and Supply, Inc. of Novi, MI quoted $1,727.59.  The second piece of equipment I would like to purchase from the Fire Gift Fund is for two chain saws with a 20” bar.  The Fire Department gets called out when trees fall across the road and often our firefighters bring their own saws.  Stutzman Power Equipment, LLC of Shipshewana, IN is the low quote for two saws at $1,199.90.  Gardners Outdoor Power Equipment of Goshen came in at $1,199.92 and Greenmark Equipment of LaGrange came in at $1,349.90.  Discussion followed.


MOTION:  C.A. Lazzaro made a motion approving the purchase of one K-12 Saw from Hoosier Fire Equipment, Inc. in the amount of $1,698.75 and two chain saws with 20” bars from Stutzman Power Equipment LLC of Shipshewana in the amount of $1,199.90 to be paid from the Fire Gift Fund.  L. Bontrager seconded the motion.  Motion carried.


  1. Miller reported that June has been busy, we had 49 calls. Our main pumper truck is down, both rear drum-breaks are cracked, if the parts come in tomorrow we may have the truck back by the end of Friday, if not it will be Monday before it is back in service. On July 18th a group of firefighters will be going to Ohio to check on the progress of the new fire truck and we should have a firmer date on the completion and delivery of the new truck.  I am still waiting on two quotes for the body armor, once I receive them I will bring the quotes back to the Council.   The community is holding an Auction for the Fire Department on September 7th to help purchase a new pumper truck.  At the last meeting there were between 100 to 150 people to help organize the event.  The Auction will be held at the MEC this year because rental of that building is less than what has been spent in the past on tent rental.  Another meeting will be held Friday and the time of the Auction will be determined then.  Discussion followed.  L. Bontrager asked who puts the equipment on the new fire truck.  C. Miller reported that the company in Ohio does that all.  The equipment will all be secured to the truck and everything will have its’ place.  Discussion followed.


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


  1. Mast asked Council Members if they had anything further. C. A. Lazzaro referred Council Members to their paperwork for two letters of thanks written to the Shipshewana Police Department. One is from Charles Wray thanking the police for their quick response when his wife called 911 for an ambulance.  He says the officers were there before she completed her call and having them there provided a sense of peace and reassurance, that their work was done in a professional and caring manner, one of the officers even followed his wife as she drove to LaGrange.  (see attached)  The second letter came from Allison J. Murray of Pine Village, IN.  Sgt, Jasso spoke at their TOPS State Recognition Days about protecting yourself against scams.  The Indiana TOPS organization donated $50.00 to be put towards a bullet proof vest.  (see attached)  C. A. Lazzaro pointed out it is always good to receive positive feedback.


FINANCIAL REPORT:  Clerk-Treasurer R. Downey referred Council Members to their paperwork for the June Fund Report and reminded everyone that Financial Consultant Greg Guerrettaz would be here on July 19th to begin work on the 2019 budget.  R. Downey encouraged Council Members to stop by if they had any questions about the budget process, Greg usually arrives around 9:30 a.m. and we spend the day working on the budget, meeting with department heads, etc.   We will hold a Public Hearing at our July 26th meeting for Additional Appropriations in our TIF Fund for the Farver Street/SR 5 Lane Improvements Project and an additional in the General Fund for health insurance.  We have set the Town Council Budget Workshop for August 2nd at 3:00 p.m. this meeting is open to the public and notice will be sent to the papers at a later date.  I will be doing an investment for the Town tomorrow.  A motion to approve the Claims Register, June Bank Reconciliations and the Adjustment Journals as submitted would be appreciated.


MOTION:  T. Hite made a motion to approve the Claims Register, June Bank Reconciliations, and the Adjustment Journals as submitted.  C.A. Lazzaro seconded the motion.  Motion carried.


COUNTY COUNCIL REPORT:  G. Bachman asked if the Town was happy with the job that the County had done filling the buggy ruts here in Town.  C.A. Lazzaro and T. Hite both responded that they were pleased with the job done by the County.  B. Shanahan reported that the County did an excellent job with the buggy ruts.  G. Bachman reported that the county is starting their dust control program now.  Discussion followed regarding the extension of CR 200 N/Farver Street to 850 West.  G. Bachman pointed out if this extension occurs we will need to redo 850 W and put in buggy lanes.  C.A. Lazzaro noted that the extension is needed to help with traffic flow.  B. Shanahan reported that he has been having conversations with the property owners in the area, but I don’t believe that a project like this can be funded by the Town and the county alone, hopefully INDOT will come to the table because extension of this road would also relieve some of the pressure on SR 5.  Discussion followed.  G. Bachman reported that the new LCEDC Director is on board and I will be meeting with him next week and I would be happy to talk with him regarding the MEC and traffic issues here in Shipshewana.  Discussion followed.


There being nothing further to come before the Council E. Mast asked for a motion to adjourn.