Minutes of the October 3, 2017 Meeting10/3/2017
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TOWN OF WOLCOTT COUNCIL MEETING

 

The Council of the Town of Wolcott met Tuesday, October 3, 2017 immediately following the 2018 Budget Adoption Meeting, in the Community Room of the Wolcott Town Hall for its regular stated meeting. 

 

Council Members Present

Council President, Michael A. Yelton, Vice President, Fred A. Young and Members, Tina M. Orns, and Michael J. Johnson

 

Others Present

Clerk-Treasurer, Tammy L. Seward; Water/Street Superintendent, Robert Thomas; and Town Marshal, James M. Herre.  Also present were Residents, Daryl Orns, Marsha Orns and Pam Jordan; and Barbara Lawson of The New Wolcott Enterprise. Star Development, Inc. Grant Administrators, Mark and Joyce McCarty entered at 6:15 p.m.  Wolcott Volunteer Fire Department Chief, Kenneth Burns and Town Attorney, Jacob A. Ahler entered at 6:50 p.m.

 

Absent

Council Member, Stephen Schemerhorn

 

Council President, Michael Yelton read Ordinance No. 2017-17, An Ordinance to Adopt the Appropriations and Tax Rates for the Budget Year 2018. Council Vice President, Fred Young moved to approve and adopt Ordinance No. 2017-17, An Ordinance to Adopt the Appropriations and Tax Rates for the Budget Year 2018; Council Member, Michael J. Johnson seconded the motion; and the motion passed 3-0.

 

Council President, Michael A. Yelton opened the meeting by asking all present to join in saying the Pledge of Allegiance.

 

Council President, Michael A. Yelton announced that the 2nd round of bidding ended at 3:30 p.m., October 3, 2017 for the Indiana Housing and Community Development Authority Owner-Occupied Rehabilitation Project. Council President, Michael A. Yelton then announced that one bid was received; opened and read the bid.  All submitted documents are on file in the Clerk-Treasurer's office. Total bid information included:

1.    Hopkins Home Improvement, Richmond IN; five (5) homes for a total of $159,950.00.

Council President, Michael A. Yelton stated that the 2nd round sole bid will be presented to Star Development, Inc. for consideration.

 

Council President, Michael A. Yelton asked if there were any questions or comments from the audience.

 

Minutes/Memoranda

Council President, Michael A. Yelton asked for a motion to approve the minutes and/or memoranda for the following meetings:

       Tuesday, September 19, 2017 Budget 2018 Public Hearing 

       Tuesday, September 19, 2017 Council Meeting

       Wednesday, September 27, 2017 Executive Session

Council Vice President, Fred A. Young, moved to approve the aforementioned minutes and/or memoranda.  Council Member, Michael J. Johnson seconded the motion; and the motion passed 3-0.

 

Departmental Reports

 

As requested by Council, Water/Street Superintendent, Robert Thomas presented Council with the estimate from All-Con Leveling, Inc. in the amount of $3,378, relative to repairing the sidewalk transition on the West side of the Library and the raised sections of the sidewalks along US 24.  Council Vice President, Fred Young inquired as to whether or not the raised sections are a trip hazard.  Water/Street Superintendent, Robert Thomas stated that the sections in question are raised anywhere from " - ".  Discussion whether to repair or replace the sections followed.  Council directed Water/Street Superintendent, Robert Thomas, to attain a quote from ADB Construction to replace the sections of the sidewalks along US 24 that are in question.    Council Member, Tina M. Orns moved to table the discussion until Council, upon personal inspection of the sidewalks along US 24, is able to make a determination whether to replace or repair the sidewalk sections in question. Council Member, Michael J. Johnson seconded the motion; and the motion passed 3-0. 

 

Water/Street Superintendent, Robert Thomas reported that the water leak on 4th and School Streets was repaired.

 

Water/Street Superintendent, Robert Thomas reported that Town & Country will be able to complete the entire Streets Project in 2017.

 

Council President, Michael A. Yelton opened discussion relative to the Peerless Midwest invoice in the amount of $3,026.00 to repair the discharge piping and replace the check and gate valves on HS Pump 1.  Water/Street Superintendent, Robert Thomas stated that due to air entering the water system; Peerless Midwest was contacted and after performing several tests; it was determined that the discharge piping needed repaired and the valves needed replaced.  Bob added that the issue has improved but is not completely resolved.  Following some discussion, Council President, Michael A. Yelton stated that Council should have been notified of this issue prior to October 3rd; especially since the date of service was August 31st.

 

Council President, Michael A. Yelton opened discussion relative to purchasing hour meters for the trucks.  Water/Street Superintendent, Robert Thomas stated that hour meters have not yet been purchased.

 

Council Member, Tina M. Orns inquired as to the status of the hitch on the truck.  Water/Street Superintendent, Robert Thomas stated that the hitch hasn't come in; but is expected to be delivered on Wednesday, October 4th.

 

Water/Street Superintendent, Robert Thomas provided Council with an update on the following equipment:

       Leaf Vacuum

o   Purchased New Battery

o   Repaired Connector

       Chipper - No Issues

       Lift Stations Generator - No Issues

 

Council President, Michael A. Yelton inquired as to the status of the Town's self-evaluation for Section 504 of the Rehabilitation Act and a Transition Plan for all structural barriers. Water/Street Superintendent, Robert Thomas stated that in talking to Vince Sommers of Commonwealth Engineers, Inc., it was his understanding that Mr. Sommers was going to consult with Mr. Hacker of USDA Rural Development for clarification of the documentation needed.  Bob added that he has not heard from Vince Sommers of Commonwealth Engineers, Inc. relative to this matter.  Council President, Michael A. Yelton stated that he will contact Vince Sommers of Commonwealth Engineers, Inc. regarding the status of the aforementioned documents as well as other matters relating to the Water System Improvements Project.

 

Following some discussion relative the use of Battery Tenders, Council Vice President, Fred A. Young requested that, during the winter, the batteries of equipment not being utilized be pulled and stored in a heated building. 

 

Council Member, Tina M. Orns inquired as to the timeline in which repairs will be made to the US 24 Railroad Crossing Tracks.  Water/Street Superintendent, Robert Thomas stated that the Railroad Representative he spoke with wasn't able to give a definite date, but stated that it should be in the next 2-3 weeks.     

 

Wolcott Town Marshal, James M. Herre - nothing forthcoming 

 

Council President, Michael A. Yelton presented Grant Administrators, Mark and Joyce McCarty of Star Development, Inc. the sole bid received from Hopkins Home Improvement during the 2nd round of bidding for the Indiana Housing and Community Development Authority Owner-Occupied Rehabilitation Project.  Grant Administrator, Mark McCarty stated that Star Development, Inc. will continue to pursue at least one more bid, and if unsuccessful, they will seek advisement from the State as to how to proceed since only one (1) bid was received in the 2nd round of the bidding process.  Grant Administrator, Joyce McCarty stated that Star Development, Inc. will present Council their recommendations at the October 17, 2017 Council Meeting. Mrs. McCarty informed Council that they located a participant whose income is 30% below the income level.  Mrs. McCarty added that since they are a previous participant; expenditures will be kept at a minimum.  Mrs. McCarty also stated that upon filling the 30% below income level slot, all requirements will have been met; and if there are funds left, they will be able to move forward with the other three (3) applicants who qualified income wise.   The bid was tabled; no further action was taken.  Council President, Michael A. Yelton, thanked Mark and Joyce McCarty for their advice and attendance.

 

Mark and Joyce McCarty of Star Development, Inc. exited the meeting at this time. 

 

Clerk-Treasurer, Tammy L. Seward requested approval to pay the Gutwein Motor Company, Inc. invoice in the amount of $3,421.90 for the following repairs and service performed on the Ford F-250:

       Replacement of Timing Chain, Timing Chain Tensioners, CAM Phaser, and CAM Phaser Solenoids

       Oil Change

       Repack Front Wheel Bearings

Council Vice President, Fred A. Young moved to approve payment of the Gutwein Motor Company, Inc. invoice in the amount of $3,421.90 for the aforementioned repairs and service performed on the Ford F-250.  Council Member, Tina M. Orns seconded the motion; and the motion passed 3-0.

 

Clerk-Treasurer, Tammy L. Seward requested approval to pay the Peerless Midwest invoice in the amount of $3,026.00 to repair the discharge piping and replace the check and gate valves of the HS Pump 1.  Council Member, Michael J. Johnson moved to approve payment of the Peerless Midwest invoice for the aforementioned HS Pump 1 repairs.  Council Vice President, Fred A. Young seconded the motion; and the motion passed 3-0.

 

Clerk-Treasurer, Tammy L. Seward presented the following correspondence not requiring action:

       Received payment from the Town of Reynolds in the amount of $500 for August's Wastewater Testing Fee.

       The Town of Reynolds has been invoiced $500 for September's Wastewater Testing Fee.

       The Wolcott Volunteer Fire Dept. and Ambulance Service Premium Audit was submitted to Traveler's.

Clerk-Treasurer, Tammy L. Seward informed Council Members that she will be attending the ILMCT District Meeting in Middlebury on October 18 and October 19, 2017.

 

OLD BUSINESS

 

Water Treatment System Improvements Project

Council President, Michael A. Yelton stated that he will contact Vince Sommers of Commonwealth Engineers, Inc. relative to the Town's self-evaluation for Section 504 of the Rehabilitation Act and a Transition Plan for all structural barriers.  The documents have been requested by David Hacker of USDA Rural Development and are part of the Federal Laws and Regulations requiring entities to be ADA compliant prior to the acceptance/releasing of Federal grant and/or loan monies.  

 

Town Attorney, Jacob A. Ahler stated that the following Title Work pertaining to the Water Treatment System Improvements Project will be orchestrated between the Town Attorney and USDA Rural Development:

       Preliminary Title Opinion

       Counsel Opinion Relative to the Rights-of-Way Document

       Right-of-Way Easement and Certificate Documents

Town Attorney, Jacob A. Ahler added that these documents are part of the Federal requirements for this Project and that the information needed to complete the aforementioned documents will be obtained by the local Title Authority. 

 

Council President, Michael A. Yelton opened discussion relative to the payment of the Commonwealth Engineers, Inc. invoice in the amount of $14,040 for 10% of the contracted amount for Preliminary Design services relative to the Water System Improvements Project.  Clerk-Treasurer, Tammy L. Seward asked Council if this invoice is to be paid out of the $300,000 interest-free loan that is supposed to be, but hasn't yet been obtained from the County by the Town.  The Clerk-Treasurer reminded Council that the Town has not received the approved 1940-1 Authentication Document from USDA Rural Development, which is to be used as collateral for the loan.  Following a lengthy discussion, Town Attorney, Jacob A. Ahler stated that in lieu of obtaining an interest-free loan from the County; the Town could pursue a Bond Anticipation Note.  Mr. Ahler explained that a Bond Anticipation Note (BAN) will act in the same way as the loan from the County with the exception of the lender; in which case the lender will be the State or a Financial Institution rather than the County, and will have an interest rate associated with it.  Mr. Ahler added that, either way, an Ordinance will have to be adopted giving Council approval to borrow the additional funds to aid in funding the Project.  Council President, Michael A. Yelton stated that he will contact White County Attorney, George Loy relative to this matter.    

129 West Market Street Property Clearance Project Grant

Town Attorney, Jacob A. Ahler presented the following recommendations/considerations relative to ARKOR?s Proposal/Contract for services:

       In the "Right to Cure" clause of this contract, ARKOR requests 30 days to fix any problems.  Council may want to consider if that is too long or acceptable.

       Change the venue decision - if there is a disagreement in the contract, you are agreeing it will be litigated in Tippecanoe County. Since this contract is for services in White County, the Town Attorney suggests the contract be litigated in White County.

       Section 6.6 calls for all negotiations prior to this contract are merged with this agreement. Has the Town negotiated anything else in this transaction?  This information is pertinent to know in order to know what the Town is agreeing to.

       The limitation of liability language essentially states that if ARKOR messes up, the Town can?t sue them for any more damages than what the total fee is for services rendered. What this does, is limit damages even if the real damages are much higher.  By signing this, The Town is limiting what can be collected in the event of a breach.

Council President, Michael A. Yelton stated that he will contact ARKOR relative to this matter.

Council President, Michael A. Yelton reminded Council of the Executive Session to discuss job performance evaluations of individual employees as per IC 5-14-1.5-6.1 (9) on Wednesday, October 4, 2017 at 6:00 p.m. in the Community Room of the Town Hall.

 

Council President, Michael A. Yelton opened discussion relative to re-establishing a compost bin.  Following some discussion, Council decided to place the compost bin in the same area where the previous compost bin was located.  Water/Street Superintendent, Robert Thomas stated that he will attain a construction estimate.    

 

Council reviewed the Stick, Limb, Branch and Brush Collection Guidelines set forth by Water/Street Superintendent, Robert Thomas and Wastewater Superintendent, Chad Reynolds.  Following some discussion, Council made a few revisions; the guidelines are as follows:

       Nothing over 4 inches in diameter

       No limbs over 8 feet long

       Piles are not to exceed 3 ft. X 3 ft. X 8 ft.

       Place all sticks, limbs, branches and brush in the easement (not in the street) with ends facing the roadway

       No root balls from bushes

       No trash, lumber or building materials

       The Street Department will not be responsible for collection of any remains of a tree trimming, tree or trees that have been cut down or removed by a tree removal company/contractor.

       Piling of sticks, limbs, branches and brush at dead ends is prohibited.  The Street Department will only be responsible for collection of debris on individual properties.

       Collection of sticks, limbs, branches and brush will be every Monday; March through November. 

       Residents will be notified of any guideline violation and given the opportunity to correct the violation.  Upon correction of the violation, the Street Department will collect the sticks, limbs, branches and brush pile(s).

 

NEW BUSINESS

 

Council President, Michael A. Yelton read Ordinance No. 2017-18, An Ordinance Establishing the Town of Wolcott Local Road and Bridge Matching Grant Fund.  Council President, Michael A. Yelton stated that at this time opportunity is given for the offering of amendments. No amendments were forthcoming.  Council Member, Tina M. Orns moved to suspend the rules and approve Ordinance No. 2017-18 An Ordinance Establishing the Town of Wolcott Local Road and Bridge Matching Grant Fund upon its first reading.  Council Vice President, Fred A. Young seconded the motion; and the motion passed 3-0.  Council President, Michael A. Yelton stated that the motion for suspension of rules and such consideration of Ordinance No. 2017-18, An Ordinance Establishing the Town of Wolcott Local Road and Bridge Matching Grant Fund having been carried by unanimous vote of the members present; final action on said Ordinance is now in order.  Council President, Michael A. Yelton read, by title, Ordinance No. 2017-18, An Ordinance Establishing the Town of Wolcott Local Road and Bridge Matching Grant fund.  Council Vice President, Fred A. Young moved that Ordinance No. 2017-18, An Ordinance Establishing the Town of Wolcott Local Road and Bridge Matching Grant Fund be adopted as read.  Council Member, Tina M. Orns seconded the motion; and the motion passed 3-0.

 

Council President, Michael A. Yelton set the Local Road and Bridge Matching Grant Fund Additional Appropriation Public Hearing for Tuesday, October 17, 2017 at 6:00 p.m. in the Community Room of the Wolcott Town Hall.

 

Wolcott Volunteer Fire Department Chief, Kenneth Burns announced that the Wolcott Volunteer Fire Department was awarded a FEMA Assistance Firefighter Grant in the amount of $70,858 with a 5% local match in the amount of $3,542.00 for 12 Air Packs.  Mr. Burns added that the Fire Department paid the $800 Grant Administrator fee and will front the local match as well.  Mr. Burns stated that the cost of 12 Air Packs and associated equipment is $83,000 and he is pursuing different avenues in which to fund the difference between the actual cost and the grant/local match amounts. Mr. Burns also stated that the grant has a 1-year completion date from the time it was awarded and that he will keep Council posted of the progress.

 

Wolcott Volunteer Fire Department Chief, Kenneth Burns informed Council that he is also pursuing a 2nd Grant in the amount of $15,000 to purchase a washer and dryer that will enable the firefighters Turn-Out Gear to be cleaned, removing the hazardous, cancer-causing materials in the gear. Mr. Burns added that he is also pursuing installing a ventilation system in the Fire Station.  Mr. Burns stated that his main objective is the safety of the firefighters, the Fire Station and being compliant.  Discussion ensued.

 

In closing, Council Member, Tina M. Orns requested changing the Door-to-Door Trick-or-Treat hours on Halloween night, Tuesday, October 31st to be from 5:30 p.m. - 8:30 p.m. Following some discussion, Council Members were in agreement to change the Door-to-Door Trick-or-Treat hours.      

 

There being no other business, the accounts payable register was approved and signed for the following amounts:

 

Accounts Payable

 

General Fund

 15,085.64

Motor Vehicle Highway Fund (MVH)

1,208.27

Park & Recreation

500.00

IHCDA Home Rehabilitation

47.69

Riverboat Gaming

47.69

Cumulative Capital Improvement

20.00

Water Operating Fund

11,912.01

Water Utility Depreciation

3,026.00

Water Utility Meter Deposit

300.00

Wastewater Operating Fund

7,459.53

Stormwater

2.00

Payroll

6,856.88

Payroll Federal W/H

1,068.90

Payroll FICA/Medicare W/H

1,455.44

Payroll State/County W/H

853.83

Payroll Perf W/H

387.63

Payroll PERF Corp Share

1,112.59

Payroll Health Savings Account

140.00

Payroll Medical

913.73

Payroll Liberty National

180.52

 

 

GRAND TOTAL

$52,578.35

 

 

Payroll Docket

$10,115.16

     Payroll Ending 09/18/2017

 

 

 

Utility Adjustments

-5.62

 

 

 

 

 

Council Member, Michael J. Johnson moved to adjourn the meeting; the motion was seconded by Council Member, Tina M. Orns; and the motion passed 3-0.

 

 

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