LAPEL TOWN COUNCIL MEETING
SEPTEMBER 15, 2022

In attendance in person: Teresa Retherford, Chad Blake, Noah Bozell, Jason Kleinbub, Lindsay Washmuth (arrived late), Paula Lee, and Evan McMullen, Town Attorney.  In attendance virtually, Dennis Molina.

7pm meeting called to order.

Retherford suspended the regular meeting and opened the floor for public comment. 

Greg Valentine 5335 S 800 W also in attendance his brother Doug understood that the Council is going to be considering fire arm regulation.  Mr. Valentine was part of the initial annexation and was told that there would never be limitations put on those in the annexed area by Gary Shuck of the former council.  Mr. Valentine has a regulation shooting range on his property.  As well as 6 or 7 other residents with home ranges in the annexed area. This was brought up at the Planning Commission meeting that we have an ordinance against the discharge of fire arms. The ordinance was enacted in 1982 (information provided by McMullen).  Valentine asked if that meant the ordinance was valid now and McMullen replied “yes”.  Blake explained it was enacted before the annexation.  Valentine asked that the Council revisit the ordinance.

Matt Wood 5060 S 800 W spoke on the tree lines and woods where resident’s deer hunt regarding the fire arm ordinance.  And the understanding of the 3.05 storm water fee.  Asked for explanation of the fee since he also pays Madison County.  Blake stated that our fee is for our established storm water district, we collect the management fee from the residents within the district not for existing storm water maintenance but also for future storm water projects. 

Kristi Worthman 1405 N Vine Street, asked to be on the agenda and wanted to speak to the Council regarding her concerns over information to residents.  During a Planning Meeting she was told the minutes were on the Town’s website.  She feels her engagement with local politics is difficult task.  During the Parks and Thoroughfare Plan meetings it was published on the website there was a meeting to be held, Kristi felt as though this Plan would affect her property.  She emailed 4 people and finally got an answer regarding her question.  But all of her neighbors whom she spoke to were irritated that they did not know about the Plan.  She feels as though there is a communication project between boards and the public. 

She asks that Council look at the website, there are no crime or traffic issues on the website.  Last meeting minutes on the site were from May and no statistics were listed.  Information on how boards are chosen is not online.  She feels as though for the average person that cannot make meeting attendance their full time job it is difficult to engage in local politics unless someone brings it to the residents and makes them aware.  Who does she reach out to for information?  She feels Council is not doing a good job in informing the residents.  Kristi has offered to take over the Town newsletter on a volunteer basis turning in her newsletter to Council for approval before release.

Blake stated we are paying a firm to do the steering committee to handle the Parks & Thoroughfare Plan and they are responsible for releasing the information to the public.  Notices have been posted at the post office.  Kristi stated she did not go to the post office as she has a mailbox at her house.  She wants every person in town to be mailed a monthly newsletter. Council thanked Kristi for her concerns and will address the newsletter and website update of information.

Motion to approve the claims as presented made by Blake, 2^nd by Bozell, voting yes, Blake, Bozell, Kleinbub and Retherford abstained.

Retherford suspended the regular meeting and opened a Public Hearing for the 2023 Budget.  Lee stated that we have applied for an additional levy with the hopes of bringing $23,000 additional funds to the budget.  Floor was opened for public comment/questions. The town’s budget is published on the Gateway site.  Public Hearing was closed by Retherford.

Motion to pursue the Levy Appeal made by Bozell, 2^nd by Blake and all were in favor. +

Retherford suspended the regular meeting and opened a Public Hearing for Resolution 13-2022 an Additional Appropriation in the amount of $7500.00 from ARPA to pay for 2022 Street Repairs and an update of the Pavement Management Plan services provided by Kimley Horn. No questions from the public were offered.  Retherford closed the Public Hearing and reopened the regular meeting.

Motion to pass Resolution 13-2022 made by Kleinbub, 2^nd by Retherford and all were in favor.

Retherford suspended the regular meeting and opened a Public Hearing for Resolution 14-2022 an Additional Appropriation $15,108.90 from ARPA to pay for the expense of 2022 Street Repairs/Construction Plans, Contractor Review and Bid Document Review services provided by Kimley Horn.  There were no questions from the public or Council. Retherford closed the Public Hearing and reopened the regular meeting.

Motion to pass Resolution 14-2022 made by Kleinbub, 2^nd by Blake and all were in favor.

Retherford suspended the regular meeting and opened a Public Hearing for Resolution 15-2022 an Additional Appropriation $6000.00 from ARPA to pay for the expense of Police Vests and Carriers. No questions from the public or Council.  Retherford closed the Public Hearing and resumed the regular meeting.

Motion to pass Resolution 15-2022 made by Bozell, 2^nd by Washmuth and all were in favor.

Retherford suspended the regular meeting and opened a Public Hearing for Ordinance #8-2022 Woodward Place PUD.  Ordinance went before Planning Commission September 8, 2022 and was sent to Council with a favorable recommendation.  With no questions from the public, Retherford closed the Public Hearing and reopened the regular meeting.

Motion to approve Ordinance 8-2022 Woodward Place PUD made by Kleinbub, 2^nd by Washmuth and all were in favor.

Motion to approve Thieneman Pay Application #7 in the amount of $59,166.00 made by Blake, 2^nd by Retherford and all were in favor.

Motion to approve Atlas Pay Application #8 in the amount of $434,645.00 made by Retherford, 2^nd by Kleinbub and all were in favor.

Motion to approve payment of Division A Change Order #1 in the amount of $10,625.00 made by Blake, 2^nd by Kleinbub and all were in favor.

Motion to distribute the 2022 SMCF Award in the amount of $1174.00 to the Lapel Middle School Community Service Project made by Kleinbub, 2^nd by Retherford and all were in favor. 

Bryant & Gina Keesling RePlat—Bryant & Gina came before Council to re-plat lot 4 Stony Creek off of 300 S, Planning Commission gave a favorable recommendation for re-plat.  McMullen apologized to the Keesling’s stating it was brought to his attention after the meeting that the parent plat had been replotted too many times at this point. There is a zoning ordinance regarding how many times the parent plat can be split.  McMullen even went to recorder’s office to verify this information.  McMullen advised they put out another public notice and hearing requesting a replat and a waiver to the standard ordinances. McMullen offered to speak with the Keesling’s after the meeting to discuss their situation.

Rob Sparks Madison County Economic Development- Sparks came before the Council to discuss economic development within the Town of Lapel and how our Comp Plan and Zoning Plan will work into the expected growth as far as business development is concerned.  Sparks would like to contract with the Town to promote business growth within the Town.  Kleinbub to be the liaison for the Council with MCED.

Salary Ordinance update provided by Blake to the Council.  Salary Ordinance has been updated to a pay scale for employees and the payment for cross training outside their initial responsibility has been added also vacation pay will count towards the calculation of overtime for the on-call for non-exempt workers that are scheduled on call on a Saturday or Sunday of a holiday weekend this also applies to personal time. Finally should a town employee have a scheduled vacation be cancelled in the month of December due to a Town emergency they will be able to carry over the vacation into January of the following year.  Cancellation must be approved by the department head and the Council liaison. There was some confusion as the on call time for employees which has been clarified, phone calls taken after hours will be paid out in 15 increments should the call go longer than 15 minutes then the actual talk time will be paid out. McMullen advised to suspend regular rules for the Ordinance to be passed on the first reading.

Motion to suspend regular rules on Ordinance #9-2022 to approve on 1^st reading made by Blake, 2^nd by Washmuth and all were in favor.  Motion to approve Ordinance #9-2022 Amended Salary Ordinance made by Retherford, 2^nd by Kleinbub and all were in favor.

Police-Lateral Hire Motion to hire Officer Porter at the 50^th percentile pending the approval agreement between the town and Officer Porter made by Blake, 2^nd by Kleinbub and all were in favor.

Planning Jeff Keith Planning Commission President came before the Council to discuss the Keesling Replat and apologize for the misunderstanding regarding the replat.  Ford Street Church presented on the coffee shop they’re opening.  Shelby Materials is in violation of coding and zoning ordinances.  Keith asks that the Council hire a Code Enforcement Officer to address these issues.

Park Katie Hutchison came before the Council to discuss the Brookside Restoration Project, it’s a $13000.00 project.  1 ½ mile nature trail to be added, part 2 section where 2 parking lots are separated going to plant native trees and shrubs, state 3 will be an extension of trail.  Open Hearts and Open Purses has awarded them a $5000.00 grant but it’s a matching grant.  Katie requesting a $5000.00 match from Cascadden.  Motion to donate $8000.00 from Cascadden to Park made by Blake, 2^nd by Retherford and all were in favor. School board seat has also been filled. 

Utility SKATA as WWTP is not working properly, request to get quotes to fix system.  Motion to approve USDI line locator at a cost of $5565.99 made by Retherford, 2^nd by Blake and all were in favor.  Current line locator is not working properly.

Motion to approve Krabbe Settlement Agreement in the amount of $6188.94 made by Bozell, 2^nd by Washmuth, voting no Retherford and Blake voting yes Bozell and Washmuth, Kleinbub abstained.  Breaking the tie, Dennis Molina voted yes.

Motion to approve the Golf Cart Parade route made by Blake, 2^nd by Kleinbub and all were in favor.

New Business: Retherford resigned from the Council effective midnight tonight.

Being no further business to discuss the meeting was adjourned.

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