Minutes of the May 1, 2018 Council Meeting5/1/2018
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TOWN OF WOLCOTT COUNCIL MEETING

 

The Council of the Town of Wolcott met Tuesday, May 1, 2018 at 6:00 p.m., in the Community Room of the Wolcott Town Hall for its regular stated meeting.

 

Council Members Present

Council President, Christina M. Orns; Council Vice President, Michael A. Yelton; and Members, Fred A. Young, Michael J. Johnson and Stephen Schemerhorn

 

Others Present:

Clerk-Treasurer, Tammy L. Seward; Water/Street Superintendent, Robert Thomas; Park Board President, Lori Bussell; and Town Attorney, Jacob A. Ahler. Also present were Shawn Cain, Kankakee-Iroquois Regional Planning Commission Grant Administrator; Summer Chase Construction Project Manager, Mandee Kochert; Residents, Darwin Miller and Janell Hofstetter;

Tri-County Jr./Sr. High School Seniors, Dakota Lawley, Kevin Ross, Jordan Monroe, Hannah Jones, Kylee Kochert, Elijah Mascardo, Paige Wolfe, Mathew Benyon, Jordyn Bise and Britney Kaltenbach and Barbara Lawson of The New Wolcott Enterprise.

 

Council President, Christina M. Orns opened the meeting by asking all present to join in saying the Pledge of Allegiance.

 

Council President, Christina M. Orns asked if there were any questions or comments from the audience. None were forthcoming.

 

Minutes/Memoranda

Council President, Christina M. Orns asked for a motion to approve the minutes and/or memoranda for the following meetings:

       Tuesday, April 3, 2018 Ordinance Violations Bureau Public Hearing 

       Tuesday, April 3, 2018 Council Meeting

       Tuesday, April 17, 2018 Special Session-Spring Clean Up Day/Water & Wastewater Rates

Council Member, Michael J. Johnson moved to approve the aforementioned minutes and/or memoranda. Council Member, Fred A. Young seconded the motion; and the motion passed 4-0.

 

Departmental Reports

 

Water/Street Superintendent, Robert Thomas reported that construction of the Compost Bin is complete and residents are utilizing it.

 

Water/Street Superintendent, Robert Thomas reported that despite it being posted "Please Clean Up After Your Pet", pet owners are not removing the excreta deposited by their pet(s) in the area behind the Post Office. Mr. Thomas asked if there was an Ordinance in place prohibiting such behavior. Town Attorney, Jacob A. Ahler communicated that if the Ordinance Violations Bureau Ordinance and Schedule of Fines excludes a provision relating to the "removal of animal waste", Council may want to consider amending the Ordinance Violations Bureau Ordinance and Schedule of Fines to include the "removal of animal waste" as a provision to curtail said activity.

 

Water/Street Superintendent, Robert Thomas stated that the estimated cost to out-source the video-inspection of the wastewater distribution line on the east side of US 24 is $180/hour, with a 4-hour minimum. Following some discussion, Council directed Water/Street Superintendent, Robert Thomas to attain the cost to rent a mobile camera with wheels or tracks to video-inspect the wastewater tile and check laterals for leaks in-house.  

 

Water/Street Superintendent, Robert Thomas reported that the mosquito sprayer is scheduled to be certified within the next two weeks. Mr. Thomas added that they will begin spraying for mosquitos sometime in June. However Mr. Thomas asks residents and Council to be mindful of the fact that mosquito spraying is weather dependent.

 

Water/Street Superintendent, Robert Thomas presented Council with two (2) bids to install

12" tile along the west side of 3rd Street, starting at West Scott Street going south approximately 850- 900 feet. The Town of Wolcott will furnish all materials, and be responsible for sidewalk and street repairs, and reseeding of grass. 

 

The quotes are as follows:

 

       LDK Earthwork, Incorporated

o   Bid not to exceed $21,000 and less if project is completed without complications.

 

       H&H Excavating of Wolcott, LLC - $25,500

 

In presenting the aforementioned bids to Council, Water/Street Superintendent, Robert Thomas suggested the Town and the property owners wishing to connect to the Town's Stormwater System coordinate property elevations. Council Vice President, Michael A. Yelton moved to award the bid to install 12" tile along the west side of 3rd Street, starting at West Scott Street going south approximately 850- 900 feet, ending at the north property line of the Apostolic Christian Church; with the Town furnishing all materials, and being responsible for sidewalk and street repairs, and reseeding of grass to LDK Earthwork, Incorporated at a maximum cost of $21,000. Council Member, Michael J. Johnson seconded the motion; and the motion passed 4-0. Resident, Janell Hofstetter questioned the end-point of the tile as this will not enable her to connect to the Town's Stormwater System aiding in the drainage of her farm ground that adjoins the Apostolic Christian Church property.  Following some discussion, Council Vice President, Michael A. Yelton moved to rescind the motion to install 12" tile along the west side of 3rd Street, ending at the north property line of the Apostolic Christian Church. Council Member, Michael J. Johnson seconded the motion; and the motion passed 4-0. Council Vice President, Michael A. Yelton then moved to install 12" tile along the west side of 3rd Street, starting at West Scott Street going south, ending where the Apostolic Christian Church property joins Janell Hofstetter's farm ground, approximately 80 additional feet. Council Member, Michael J. Johnson seconded the motion; and the motion passed

4-0. 

 

Park Board President, Lori Bussell provided an update on the Park's new Accessory Structure relative to the electrical portion of the project that is underway.  Lori stated that in talking to Greg Schneider, owner of Schneider Electric, NIPSCO had a crew manager change and the current NIPSCO crew manager is not aware of any of the specifics relating to the project. Lori added, for that reason, a new service call needs to be placed with NIPSCO; and inquired as to who needs to initiate said call. The Clerk-Treasurer stated that the Township is responsible for all of the NIPSCO utility bills associated with the Park. Therefore, the Princeton Township Trustee, Tom Bajzatt, will have to initiate the new service call. 

 

Park Board President, Lori Bussell presented Council a picture displaying items residents are depositing in the Park dumpsters on a regular basis, which results in the dumpsters not being able to be utilized for Park trash. Lori stated that she and the Park Superintendent were told by past Councils that the dumpsters located in the Park were for Park use only; not community use. Council Vice President, Michael A. Yelton stated that the dumpsters located in the Park are included in the Town's refuse contract and are for community use. Following some discussion, Council Vice President, Michael A. Yelton stated that the Town's refuse contract expires this year and to aid in resolving this issue, Council needs to consider locking the dumpsters at the Park, and placing a dumpster in the compost bin area for residents to utilize in disposing of excess trash.

 

Clerk-Treasurer, Tammy L. Seward requested approval for the Wolcott Summer Festival Committee to use 25 of the Town Hall's folding chairs for the July 3rd festivities. The

Clerk-Treasurer stated that on July 3rd the Jasper-Newton Community Band will be performing in the north Park Shelter and the Summer Festival Committee asked if they could borrow 25 chairs for the members of the band. Council Vice President, Michael A. Yelton moved to approve the Wolcott Summer Festival Committee borrowing 25 of the Town Hall's folding chairs for the July 3rd festivities. Council Member, Michael J. Johnson seconded the motion; and the motion passed 4-0.

 

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

       Received the 2017 Community Crossings Grant Closeout Letter on April 10, 2018 from INDOT Program Director, Marcia Blansett 

       State Board of Accounts 5-year Audit Complete

o   Audit Report available June 1, 2018 or shortly thereafter.

 Visit www.sboa.in.gov to view report

       Clerk-Treasurer Attending AIM Clerk-Treasurer's School

o   Wednesday, May 16, 2018

       Clerk-Treasurer Attending AIM Budget Workshop

o   Thursday, May 17, 2018

 

OLD BUSINESS

 

Council President, Christina M. Orns reported the following from the Agenda provided by the Clerk-Treasurer:

            Water System Improvements Project

       Bond Anticipation Note Closing - Friday, April 13, 2018

       Bond Anticipation Note Draws

o   April 13, 2018 - $274,696.05

o   April 18, 2018 - $140.21

 

       Bond Anticipation Note Expenditures To-Date

o   Law Office of Michael Riley, PC - Town Attorney Legal Fees Retainer - $15,000

o   Bose McKinney & Evans LLP - Bond/Local Counsel Services-BANS 2018- $15,000

o   Commonwealth Engineers, Inc. - Engineering Services thru 3/30/2018 - $226,621.30

o   Reimburse Water Project Grant Fund - $6,974.75

 Title Search/Copy Fees - $4,450.00

 Rural Development Funding Application Public Hearing Ad - $24.75

 Umbaugh Preliminary Water Rate Study - $2,500.00

o   H J Umbaugh & Associates - $9,210.21

 BAN Issuance Services Rendered - $9,100.00

 BAN Issuance Mileage Costs Incurred - $110.21

o   Land Title Agency - Deed Search/Copies - $30

 Norma Anker conveyed to Town of Wolcott

o   Bank of Wolcott - BAN Origination Fee - $2,000

Following the adjournment of the Council Meeting, Council signed the aforementioned claims.

Council Vice President, Michael A. Yelton inquired as to the status of closing on the Water Systems Improvement Project grant and bond. Town Attorney, Jacob A. Ahler stated that Rural Development is in receipt of all of the Town's documents; and is waiting on Commonwealth Engineers, Incorporated. Mr. Ahler added that due to an unforeseen circumstance of Commonwealth Engineers, Inc. Vice President of Business Development, Vince Sommers,

Mr. Ahler anticipates closing will be early to mid-September.

 

Council President, Christina M. Orns reported the following from the Agenda provided by the Clerk-Treasurer:

IHCDA Housing Grant

       Grant Funds Received - $69,579.50

       Grant Funds Disbursed

o   Star Development, Inc. - $14,058.50

 Lead Paint Assessment Fees

 Administration Fees

 Environment Review Fees

 Program Delivery Fees

o   Star Development, Inc. FBO Hopkins Home Improvement - $55,521.00

 Interim Draw

o   Work 50% Complete on the Following Homes

 506 W North Street

 406 W North Street

 210 W School Street

 404 S Range Street

 306 W School Street

Following the adjournment of the Council Meeting, Council signed the aforementioned claims.

 

129 West Market Street Property Clearance Project

Council President, Christina M. Orns stated that upon review of the 129 West Market Street property Clearance Project Bid, Andy Switzer of ARKOR advises the Summer Chase Construction's Base Bid in the amount of $160,000 be awarded to avoid further collapse of the building and prevent potential property damage to the adjacent property owners and personal injury to the public. Council President, Christina M. Orns asked KIRPC Grant Administrator, Shawn Cain to elaborate on ARKOR's bid acceptance recommendation. Shawn explained that generally in all OCRA Grant Funded Projects, there is a Davis Bacon wage requirement. However, if there is no reconstruction affiliated with the project, the Davis Bacon, (prevailing wage) requirement can be eliminated. Shawn added that OCRA approved waiving the Davis Bacon requirement since the building is not being reconstructed to be habitable. In turn, Shawn presented this information to Summer Chase Construction and requested the Davis Bacon wage requirement be removed from the Base and Alternate Bids. In doing so, Summer Chase Construction offered the following adjustments to the Base Bid, Alternate 1 Bid and Alternate 2 Bid:

       Base Bid - $8,400 Reduction

       Alternate 1 Bid - $2,300 Reduction

       Alternate 2 Bid - $2,500 Reduction

KIRPC Grant Administrator, Shawn Cain stated that the difference between Alternate Bids 1 & 2 is that only one has to be accepted, if at all. Shawn added that Alternate Bid 1 is for a simple covering of the once interior walls that upon demolition will become exterior walls of the adjacent buildings; and Alternate Bid 2 is for a more durable, weatherproof covering of said walls. Shawn continued to explain that the Town is only required to accept the Base Bid and Council has the option of accepting one of the Alternate Bids or declining the Alternate Bids altogether. Shawn asked Council to keep in mind that the Grant funds available for the demolition and structural support portion of the grant is $160,000 less the Davis Bacon wage requirement deduction of $8,400. Shawn added that anything above and beyond that will have to be financed by the Town. Council Vice President, Michael A.  Yelton expressed his dissatisfaction in OCRA changing the grant by waiving the Davis Bacon requirement. Mr. Yelton stated that he would have bid on the Project had he known the Davis Bacon requirement was not statutory. KIRPC Grant Administrator, Shawn Cain apologized for not pursuing the Davis Bacon wage requirement waiver prior to now. Shawn stated that she feels OCRA would have denied said request early on as OCRA based their decision on the number of times the Project had been put out for bid. Shawn stated that OCRA informed her that if the Project had not already been put out for re-bid; OCRA would have mandated the Project be put out for rebid, due to the Davis Bacon wage requirement waiver. Shawn added that OCRA approved the Davis Bacon wage requirement waiver since only one bid was received with the initial "Invitation for Bid" and the "Invitation for Rebid"; and both bids being from the same contractor. Shawn stated that the Project can be put out for rebid if Council so chooses. Mr. Yelton stated that due to time-constraints, Council needs to move forward. Shawn assured Council that as far as grant related time-constraints, the grant is not in jeopardy.   Council President, Christina M. Orns asked Council's thoughts relative to putting the Project out for rebid. Council Member, Michael J. Johnson inquired as to the rebid process and soliciting contractors to bid the Project. Shawn stated in addition to the Engineer putting the Project out for bid; she reached out to fifty-three (53) contractors and only one contractor bid the Project. Council Vice President, Michael A. Yelton stated that with the Project liability being high, and contractor availability being low, he feels Council needs to move forward. Council President, Christina M. Orns inquired as to the consequences of not using the full amount of the grant funds awarded for the Project. KIRPC Grant Administrator, Shawn Cain explained that since the Base Bid has been lowered, due to the Davis Bacon wage requirement waiver, the Local Match will be lower as well, and that there will not be leftover grant funds available to use towards finishing the once interior walls that upon demolition will be exterior walls. Shawn asserted that should Council opt to only accept the Base Bid, nothing further can be done to the cleared site until the Project is completely closed, which is generally 60 days. Some discussion occurred regarding the time-frame in which Summer Chase Construction can begin demolition. Summer Chase Construction's Project Manager, Mandee Kochert stated that she will converse with the Project Demolition Supervisor regarding the time-frame in which Summer Chase Construction can begin razing the building and communicate her finding. Some discussion occurred regarding accepting Summer Chase Construction's Base Bid to demolish the building, stabilize the walls of the adjacent buildings, remove debris and compact, grade smooth and level the area; then, upon Project completion, bid the finishing of the once interior walls that upon demolition will become exterior walls and revitalizing the site. Council Vice President, Michael A. Yelton moved to accept Summer Chase Construction's Base Bid in the amount of $160,000 less the deduction of the Davis Bacon wage requirement in the amount of $8,400 for a total Base Bid of $151,600. Council Member, Fred A. Young seconded the motion; and the motion passed 4-0.  

 

Council President, Christina M. Orns provided the 2nd reading of Ordinance No. 2018-07, An Ordinance Amending Ordinance No. 2007-03, and the schedule of Fines of Ordinance No. 2007-03, An Ordinance Establishing the Town of Wolcott Ordinance Violations Bureau, reading by title. Council President, Christina M. Orns stated that at this time opportunity is given for the offering of amendments. No amendments were forthcoming. Council Vice President, Michael A. Yelton moved that the ordinance be adopted as read; Council Member, Michael J. Johnson seconded the motion to adopt the ordinance as read; and the motion passed 4-yeas and 0 nos. Yea - Michael A. Yelton, Fred A. Young, Michael J. Johnson and Stephen Schemerhorn.


2017 Hail Damage Claims

Council President, Christina M. Orns opened discussion regarding whether to convert the roof of the Water Treatment Plant from a shingled roof to a steel roof. Council Vice President, Michael A. Yelton stated that he was under the understanding that for juxtaposing purposes, quotes for both types of roofs are being attained. 

 

Council President, Christina M. Orns stated that the drainage issues on the south end of Town as well as those on the northeast side of US 24 were discussed earlier in the Council Meeting.

 

Council President, Christina M. Orns reminded Council and those present that

"Spring Clean-Up Day" will be Saturday, May 12th from 8 a.m. - 2 p.m. at the Wastewater Plant off North Homer Lane, south side of the Railroad tracks. Mrs. Orns stated the following relative to "Spring Clean Up Day": 

 

       Open to Town of Wolcott residents ONLY

       Dispose of those unwanted items

o   The following items will NOT be allowed:

 Tires

 Building Materials - TBD

 Plant Debris and Sticks

 Paint

       Electronic items will be collected for recycling

       For disposal of appliances or scrap metal

o   Contact Mr. David Loveall @ 765-464-9532 to schedule a pick up

Council President, Christina M. Orns stated that in talking to Travis Scherer, the FFA Advisor, Mr. Scherer and several FFA Members are volunteering their services relative to this Project. 

Upon Council President, Christina M. Orns circulating the "Work Schedule" for Spring Clean Up Day, said schedule was filled as follows:

         8:00 a.m.- 9:30 a.m. - Council President, Christina M. Orns /Resident, Daryl Orns

         9:30 a.m. - 11:00 a.m. - Resident, Darwin Miller

       11:00 a.m. - 12: 30 p.m. - Clerk-Treasurer, Tammy L. Seward

       12:30 a.m. - 2:00 p.m. - Clerk-Treasurer, Tammy L. Seward

 

NEW BUSINESS


Clerk-Treasurer, Tammy L. Seward provided a brief explanation of the Circuit Breaker Credit. Mrs. Seward explained that the Circuit Breaker Credit is the amount of tax levy that will not be given to the Town because some property owners have reached their property tax cap. Mrs. Seward added that the 2018 Circuit Breaker Credit will affect the Town's Budget, as the Town of Wolcott will endure property tax cap reductions in the total amount of $8,876.10 in the following funds and amounts:

o General Fund - $6,955.22

o Motor Vehicle Highway - $841.86

o Park & Recreation - $757.87

o Cumulative Capital Dev - $321.15

 

Council President, Christina M. Orns read a letter from the Indiana Department of Environmental Management (IDEM) regarding the receipt of a construction permit application relative to the Water System Improvements Project. The letter stated that the construction permit application is deemed sufficient and IDEM will public notice the proposed project on IDEM's website at www.idem.in.gov.

 

Council President, Christina M. Orns read a letter from Member of Congress, 4th District, Indiana, Todd Rokita, regarding an E-Connectivity/ Broadband Grant opportunity for unserved rural areas. The letter stated that applications in the Community Connect Program will be accepted through

May 14, 2018 and that the grants will range from 100,000 to $3million, with a 15% local match requirement. The letter also stated that the grants are available to state and local governments, federally-recognized tribes, nonprofits, and for-profit corporations. Some discussion occurred regarding pursuing said grant in the future. 

 

 

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

 

Accounts Payable

 

General Fund

 26,349.06

Motor Vehicle Highway Fund (MVH)

3,438.15

Park & Recreation

578.78

IHCDA Home Rehabilitation

69,579.50

Local Road & Bridge Matching Grant

28,987.50

Cumulative Capital Improvements

275.73

Water Operating Fund

16,670.06

Water Utility Meter Deposit

600.00

Wastewater Operating Fund

14,860.28

Stormwater

914.00

Ambulance

1,066.70

Waterworks Construction

274,836.26

Payroll

13,819.95

Payroll Federal W/H

1,687.78

Payroll FICA/Medicare W/H

2,856.62

Payroll State/County W/H

832.48

Payroll Perf W/H

784.61

Payroll PERF Corp Share

2,249.82

Payroll Health Savings Account

430.00

Payroll Medical

1,285.56

Payroll Liberty National

253.92

 

 

GRAND TOTAL

$462,356.76

 

 

Payroll Docket

$10,344.54

     Payroll Ending 04/02/2018

 

 

 

Payroll Docket

$10,068.91

     Payroll Ending 04/16/2018

 

 

 

Utility Adjustments

-406.55

 

 

 

 

 

 

 

Council Vice President, Michael A. Yelton moved to adjourn the meeting; the motion was seconded by Council Member, Michael J. Johnson; and the motion passed 4-0.

 

 

 

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