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Town Minutes from 1/19/2023

Minutes from a Town meeting on 1/19/2023.


JANUARY 19 2023

In attendance: Noah Bozell, Chad Blake, Jason Kleinbub, Paula Lee, and Evan McMullen, Town Attorney.

Lindsay Washmuth arrived at 7:14pm.

7pm meeting called to order.

Bozell paused the regular meeting and opened the floor for public comment.  Being no public comment Bozell resumed the regular meeting.

Motion to appoint Bozell as Council President made by Kleinbub, 2nd by Blake and all were in favor.

Motion to appoint Blake as Council Vice President made by Bozell, 2nd by Kleinbub and all were in favor.

Bozell appointed Paula Lee as secretary of Council.

Motion to keep meeting date and time the 3rd Thursday of each month at 7pm made by Blake, 2nd by Kleinbub and all were in favor.

Bozell informed Council the Conflict of Interest and Nepotism policies require signature and are due.

Nick Hedrick corner of 6th & Central addressed Council regarding speeding up and down 5th and 7th Streets.  Hedrick requests a stop sign on Central.  Hedrick has an autistic son and wants the stop sign to slow the cars down to protect his child.  Stop sign requested on Central. 

McMullen to have an ordinance drafted for a stop sign after speaking with engineers to have them do an analysis of traffic flow.  Once information has been obtained a public hearing will be advertised for the stop sign ordinance.

Pax Verum requesting street closure for Beer Fest August 19th 3pm to 7pm.  Requesting streets be closed 10am to 9pm.

Motion to approve street closure made by Kleinbub, 2nd by Blake and all were in favor.

Motion to approve claims as presented made by Blake, 2nd by Kleinbub and all were in favor.

Rob Bellucci from Commonwealth requested approval Thieneman Pay App #11 in the amount of $212,229.05 to be paid by OCRA funds. Bellucci informed Council Commonwealth concurs with Thieneman Pay App. 

Motion to approve Thieneman Pay App #11 made by Kleinbub, 2nd by Blake and all were in favor.

Blake asked if Thieneman was on time and on schedule and Bellucci informed the Council they were.

Bellucci spoke on Atlas regarding Pendleton Ave and additional time in field regarding utility locates.  Atlas is requesting a time extension not only to take care of Pendleton Ave but to also run down OCRA funds.  Time extension takes contract to June 1st with a completion date of July 1.  This is a delay of 133 days with no cost change. 

Motion to approve Change Order #2 for Atlas pending legal review made by Bozell, 2nd by Washmuth and all were in favor.

Bellucci spoke on the Pendleton Ave soil removal with an estimated cost of $370,000.00 on the high end.  Crews would work 40 feet per week taking less than 3 weeks to complete. $137,311.20 for a change in pipe with install for a crew working 40 feet per week.  This is a change in pipe only not the removal of current pipe.  Bellucci believes final cost will come down.  SRF has offered a 0% bond which can be absorbed in the current rate according to Reedy Financial.  Bellucci asked for a work change directive to be authorized by Council, and that he coordinate with SRF and Reedy for finances. 

Kleinbub wants to keep fighting IDEM regarding contaminated soil, McMullen advised approving tonight and meeting with Reedy to discuss financials, McMullen to speak with Graham regarding IDEM. 

Blake stated this has caused a 2nd delay to INDOT, Stephanie Turner from INDOT says Atlas has to be off Pendleton Ave by April 1.  Blake stated IDEM owns this issue that it should not be on the Town to be responsible for IDEM’s lack of responsibility for not going beyond the property line of the former gas station and that he didn’t want to hold up INDOT any longer.  Turner stated that if the Council approved this tonight and go thru SRF approval tomorrow, Monday at the latest, Atlas could start on February 6 which would get Atlas out of INDOT’s way so if it’s pushed much past that with weather issues or whatever you’re running into our April 1 deadline in order for them to proceed with road work on 13.  McMullen suggested a Special Meeting be called to discuss the SRF bond and Atlas issues.  Meeting will be Wednesday at noon at Town Hall. 

Motion to approve Sept 21 minutes made by Kleinbub, 2nd by Blake and all were in favor.

Motion to approve Oct 17 minutes made by Kleinbub, 2nd by Washmuth, voting yes, Kleinbub, Washmuth and Bozell, Blake abstained.

Motion to approve Oct 20, and Nov 17 Dec 21 Dec 26 minutes made by Kleinbub, 2nd by Washmuth voting yes, Bozell, Washmuth and Blake abstain Kleinbub.

Kimley Horn update- packet sent by Drew for Council to review.  2022 Street Repairs requires guidance from Council on level of oversight and involvement from Kimley Horn and Michael Baker.  Our current contractor requires a lower amount of oversight, Blake suggests Council reduce level of involvement by 1/3.  If on-site 5 days a week take them to 3 dictated by contractor work schedule. Can be revisited if problems arise.

Motion to amend Professional Service Agreement for the 2022 Street Repair Project to reduce the inspector/engineer oversight to 3 days a week instead of 5 made by Blake 2nd by Washmuth and all were in favor.

Motion to approve Fair Housing Act and Drug Free Policy for 2023 made by Washmuth, 2nd by Blake and all were in favor.  These policies are approved annually.

Bozell suspended the regular meeting at 7:41pm to open a Public Hearing for Resolution 1-2023.

Resolution Authorizing an Additional Appropriation from ARPA in the amount of $2487.50 for engineering services from Kimley Horn for the 2022 Street Repair Project bidding phase.  There was no comment from the public or questions from the Council.  At 7:41pm Bozell closed the Public Hearing and resumed the regular meeting. 

Motion to approve Resolution 1-2023 made by Kleinbub, 2nd by Washmuth and all were in favor.

Motion to approve Resolution 2-2023 Transfer from LIT Public Safety to General Fund in the amount of $25,000.00 for Police Salary made by Kleinbub, 2nd by Washmuth and all were in favor.

Motion to approve Resolution 3-2023 Resolution Authorizing Clerk-Treasurer to Make Necessary End of Year Transfers to Balance the 2022 Budget for the Town of Lapel made by Kleinbub, 2nd by Blake and all were in favor.

Motion to approve Resolution 4-2023 Mileage Reimbursement Resolution for 2023 made by Blake, 2nd by Washmuth and all were in favor.

Cumulative Capital Development Fund-McMullen has spoken with Janet Alexander regarding the forms required to set up the CCD Fund. McMullen estimates an additional $44,000.00 increase in funding.  Forms to be reviewed at February meeting.

Parks Budget- 2 years ago decision was made to fund parks thru Cascadden Gift Fund instead of taxpayer funds.  This budget reflects the cost of operating the parks for 2023 based on historical data.

Town of Lapel Utilities                    $7000.00

Duke Energy                                       $4000.00

Portable Restrooms                        $1800.00

Daniel Paull Website                      $600.00

On Ramp Internet                           $480.00

Mowing & Maintenance               $15000.00

TOTAL                                                   $28800.00

Recommendation of Accounts Payable Clerk to allot $35,000.00 to fund the Park Budget for 2023.

Blake asked if we approved Park Budget would we then have to do additional from Cascadden to Parks.  McMullen said yes.

Motion to approve Parks Budget to not exceed $35,000.00 for 2023 made by Washmuth, 2nd by Blake voting yes, Washmuth, Blake and Bozell voting “no” Kleinbub.

Lee spoke on Park and Thoroughfare Plan Impact Fees down the road an Ordinance will need to be set up for Park and Thoroughfare Impact Fees.  McMullen will work with Kimley Horn in drafting the ordinance once studies have been completed to calculate fees.

Motion to approve Attorney Fee Agreement made by Kleinbub, 2nd by Blake and all were in favor.

Police Update-Naselroad presented Council with an option to purchase a Tahoe for the PD at a cost of $43,100.00.  American Eagle would outfit vehicle for approximately $15,000.00.  $56,000.00 is the current balance of the LIT Public Safety Fund and Naselroad is expecting a return of $12,000.00 to $13,500.00 from the sale of the 2017 Tahoe. 

2023 Tahoe        $43,100.00 Available in 4 to 5 weeks

Upfit                      $15,000.00 (High-end estimate, American Eagle is still working on quote)

Estimated return from 2017 Explorer      $12,000.00 to $13,500.00

   $58,600.00 Total in LIT Fund                                    $13,958.43 Up fit

- $43,100.00 Tahoe                                                     - $12,000.00 Return from sale of 2017 Explorer    

    $15,500.00 Remaining in LIT                                  $1.958.00 Remaining to be paid with LIT

Total remaining in LIT public Safety Fund after purchase $13,542.00

Scheduled to order next vehicle in August.

Even if we purchase now, it will be 12 to 16 weeks before up fit equipment is available and based on history of previous vehicles, it will be 3 to 4 weeks before equipment is installed after it comes in. I estimate it will be at least June or July before the vehicle will be put in service.

In addition, as soon as the 2022 F-150 that is currently at American Eagle is put in service, the 2018 explorer will be sold and funds will go into the vehicle fund for the 2025 vehicle up fit.

Savings of $8,500 in finance charges over 5 years

Historically, the water pump and timing chain has gone out on the Explorers between 4 and 5 years of service. B selling the 2018 now, we have the potential savings of $2,500.00 by not having to pay for that repair. Additionally, the warranty has expired on the 2018 and any repairs will be out of pocket.

By purchasing now versus ordering in August is the savings in the inflation of the purchase price. Between 2022 and 2023, the cost of a Tahoe went from $36,000.00 to $43,000.00. If we have the money now, it only makes sense to purchase early and avoid the price hike, especially since I have the money in the Public Safety LIT fund.

Motion to approve purchase of 2023 Tahoe made by Kleinbub, 2nd by Washmuth and all were in favor.

Additional Appropriation will be needed from LIT Public Safety for purchase of Tahoe.

Planning Update-Matt Wood and KK Gerhart Fritz Planning Consultant gave an update from last week’s Planning Meeting. Gerhart Fritz stated she had a potential applicant contact her about rezoning and developing property.  Upon looking at the Comp Plan future Land Use Map she thought they were designated for a different future use than they actually were because Kimley Horn made an error in labeling the roads on the map and they were actually a half a mile off from where they thought they were.  Kimley Horn has been contacted to amend the map.  Gerhart Fritz is concerned that the map adopted by the Planning Commission was incorrect and needs to be amended.  Wood noticed that within the Comp Plan there is a correct map.  Kimley Horn has since corrected the map and will produce to Planning Commission for approval. 

After reviewing the map Blake noted that no residential development should be south of 400 and no commercial development north of 38. McMullen asked that in order to remedy the map the Planning Commission must amend map before Town Council approves and that will require a Public Hearing.

Blake wanted to establish this was to amend the uses not the zoning.  Gerhart Fritz stated that there are 5 criteria for rezoning property and the 1st criteria is that it matches the Comp Plan according to state law. Gerhart Fritz went on to discuss the Comp Plan map issues concerning zoning/development.  Council advises Gerhart Fritz/Kimley Horn amend the map and hold a Public Hearing at their next meeting for approval. 

Wood brought up the Knox Boxes on behalf of Fire Chief Marvel.  There is an ordinance in place regarding Knox Boxes however McMullen states the ordinance needs to be rewritten.  Police and Fire need to be involved in the knowledge of where the boxes are.  Knox boxes are approved by Fire Chief.  McMullen to rewrite the ordinance.

Tuscany Update- Planning Commission approved the Final Plat for Tuscany, Final Plat being presented to Council for signature. 

Park Update-Park board met and voted to have their meetings the 3rd Tuesday of each month at 7pm at the Town Hall.

Utility Update-quote from Utility Supply for 100 Neptune Radio Reads for meter at $114.29 each with a total of $11429.00.

Motion to approve purchase of Radio Reads for gas meters from Utility Supply Company at a cost of $11429.00 made by Blake, 2nd by Washmuth and all were in favor.

Motion to approve purchase of 22 dumpster skids at a cost of $1188.00 from ULine made by Blake, 2nd by Washmuth and all were in favor.

Hutchison spoke on purchase of 144 water meters from USDI at a cost of $4045.68 with 12 meters to be delivered monthly in order to receive a discount price of $4045.68 per month.

Motion to approve purchase of 144 meters from USDI at a cost of $4045.68 per month made by Blake, 2nd by Washmuth, voting yes Bozell, Blake and Washmuth, Kleinbub abstained.

Motion to approve quote from West Electric to furnish and install 100 amp meter base and R. T. disconnect and reefed traffic signal light made by Blake 2nd by Bozell and all were in favor.

Office Update-Lee asked for permission to send the following accounts to Collections:

3045 02                                $54.65

3325 00                                $56.75

7170 01                                $260.50

10460 00              $76.50

Motion to approve accounts to be sent to collections made by Bozell, 2nd by Washmuth and all were in favor.

Ron Ragan presented a 2nd Amendment to the Natural Gas Management Agreement for renewal.  After discussion from the Council regarding the possible purchase and storage of gas from Citizens Ragan’s agreement will be sent to McMullen for review.

Lee asked the Council for advice on where we should go to obtain office supplies.  Ask Council to think it over and discuss at next meeting. Blake suggested Sam’s Club is a little more business minded than BJ’s wholesale or order from Amazon.

Being no further business motion to adjourn was made by Bozell 2nd by Blake and all were in favor.