CH31 - 2022 Ordinances

CH31 31 .0 - Resolutions 2022

RESOLUTION 1-2022

Resolution to Establish Mileage Reimbursement

WHEREAS, the Lapel Town Council needs to set the amount for mileage reimbursement for employees for use of their personal vehicles for work related trips.

NOW THEREFORE BE IT RESOLVED, that the Lapel Town Council does hereby establish the mileage rate as:

58.5 cents per mile effective date of January 1,2022 per IRS Standard Mileage Rates.

DULY ADOPTED by the Council of the Town of Lapel on the 20th day of January, 2022, at which meeting a quorum was present.

RESOLUTION 2-2022

Resolution of the Lapel Town Council Authorizing Town Council Members to Execute SRF Loan Program Documents

WHEREAS, The Town of Lapel, Indiana, has plans for a drinking water infrastructure improvement project to meet State and Federal regulations and the Town of Lapel intends to proceed with construction of such project; and, owing to the negative financial effect on local governments caused by the COVID-19 pandemic (the "Pandemic"), the United States Department of the Treasury provided many local governments with Coronavirus State and Local Fiscal Recovery Funds (the "ARP Funds") to support those governments responses and recovery from the Pandemic; and,

WHEREAS, the Town Council has previously passed Resolution #8-2020, authorizing the then Town Council President to act as the authorized representative of the Town of Lapel and to execute any and all documents pertaining to any SRF program; and

WHEREAS, the Town Council deems it desirable, in the interest of flexibility in the event a town official may not be available, to authorize all current Town Council members to act as authorized representatives of the Town of Lapel.

NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF LAPEL, INDIANA, the governing body of a participant in the SRF Loan Program that:

1. All duly elected or appointed Town Council members are hereby authorized to act as authorized representatives of the Town of Lapel and execute any documents, directly or indirectly pertaining to the SRF Loan program.

2. The Town Council hereby affirms all other provisions of Resolution #8-2020.

SO RESOLVED THIS 3rd DAY OF FEBRUARY 2022.

RESOLUTION #3-2022

RESOLUTION OF THE LAPEL TOWN COUNCIL ELECTING STANDARD ALLOWANCE FOR THE EXPENDITURE OF AMERICAN RESCUE PLAN FUNDS

WHEREAS, owing to the negative financial effect on local governments caused by the COVID-19 pandemic (the "Pandemic"), the United States Department of the Treasury provided many local governments with Coronavirus State and Local Fiscal Recovery Funds (the "ARP Funds") to support those governments responses and recovery from the Pandemic; and,

WHEREAS, the Town of Lapel received $270,701.27 in ARP Funds on 7/28/2021, with an additional $270,701.27 anticipated to be received later in 2022; and,

WHEREAS, pursuant to the Department of Treasury's Final Rule concerning lawful uses of the ARP Funds, municipal governments are permitted to elect to take a standard allowance of Ten Million Dollars ($10,000,000) which allowance frees the municipality to utilize ARP Funds for most governmental services, with streamlined reporting requirements; and,

WHEREAS, as the Town's allocation of ARP Funds are significantly below the allowable standard allowance, and in the interest of permitting the Town maximum flexibility in the use of the ARP Funds, the Town Council deems it desirable for the Town of Lapel to elect the standard allowance for the expenditure of American Rescue Plan Funds.

NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF LAPEL, INDIANA, that the Town of Lapel hereby elects to utilize its standard allowance, of up to Ten Million Dollars ($10,000,000.00) for the expenditure of American Rescue Plan Funds.

SO RESOLVED THIS 3RD DAY OF FEBRUARY 2022.

CH31 31 .1 - Salary Ordinance for 2022

Be it ordained by the Town of Lapel, Madison County, Indiana: Section #1 the salaries of the town officials, police officers, utility/park employees, and all others employed by the Town of Lapel, IN, effective for all pays after January 1st, 2021 and ending December 31st, 2021 shall be as follows, to-wit:

Clerk/Treasurer

General Fund $1,298
Gas Company $8,657
Water Company $8,657
Sewer Company $8,658
Total $27,270

Town Council Members

General Fund $290
Gas Company $1,836.67
Water Company $1,836.67
Sewer Company $1,836.66
Total $5,800

Town Council Vice President

General Fund $300
Gas Company $1,900.00
Water Company $1,900.00
Sewer Company $1,900.00
Total $6,000

Town Council President

General Fund $350
Gas Company $2,216.67
Water Company $2,216.67
Sewer Company $2,216.67
Total $7,000

Attorney

Annually $4,600

Janitor on Contract

$50/weekly

Checks will be issued as follows: Council-monthly, the next pay period following the Council meeting.

Clerk/Treasurer weekly, Janitor-monthly, Town Attorney-semi-annually, and all other employees weekly.

Specific salaries for Town of Lapel employees beginning January 1st, 2022 and ending December 31st, 2022 are:

Police Chief $56,500 annually / $27.17/hour
Police Captain $49,500.00 annually / $23.80/hour
Patrolman $42,500 annually / $20.44/hour
Lateral Hire with five (5) plus years $42,500 annually
Lateral Hire with less than (5) years $41,000 to $42,500 annually
Probationary Officer Without Certification $41,000 annually.
Probationary Officer Upon Gaining Certification $42,000 annually.
Part Time Officer $27/hour
A lateral hire with five (5) or more years will start with two (2) weeks' vacation. A lateral hire with one (1) to four (4) years will start with one (1) week vacation.
Deputy Clerk $23.58/hour Office Administration
Accounts Payable $18.71/hour Office Administration
Seasonal Labor 1 $12.50/hour Part Time General Maintenance
Seasonal Labor 2 $16.48/hour Part Time Seasonal Labor
Seasonal Labor 3 $11.00/hour Part Time Seasonal Labor
Wastewater Operator $21.22/hour
Contract Employee $40.00hr/5hr week Water Operator/Sewer Operator
Utility Director $61,800 annually
Gas Operator $20.60/hour
Gas Assistant/Labor $16.23/hour
Utility Labor $15.00-$15.15/hour
Street/Utility Labor $16.71/hour
Code Enforcement $50,859.34 annually
Water Operator $16.71/hour
Full time/Part time Office Employee $16.54/hour

Section - Bereavment Days

Bereavement days- three (3) per family member, which includes and is limited to the following: wife, husband, children, stepchildren, father, mother, stepfather, stepmother, father-in-law, mother-in-law, brothers, sisters, and immediate grandparents; one day (1) for brother-in-law, sister-in-law and immediate aunts/uncles. Aunts/Uncles and immediate grandparents amended 11/21/2019.

Section - Paid Legal Holidays

All full-time employees are entitled to the following: New Year's Day, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving (Thursday & Friday), Christmas Eve and Christmas Day. Holidays are paid at the employee's current pay rate. As of January 1st 2020, Holidays will not be used in overtime calculations, or any special forms of compensation such as incentives, commissions, bonuses or shift differentials.

Vacation/Personal Days for Full-Time Employees

The amount of paid vacation benefits an employee earns each year increases with the length of his or her employment. Once employees enter an eligible employmeny classification, they earn vacation benefits according to the schedule below.

90-days through December 31st of the employee's first year / 40-hours pro-rated based upon the number of months left in the year / Five-days pro-rated based upon the number of months left in the year.
On January 1st of the employee's first year to the December 31st prior to the employee's second anniversary / 40-hours / Five-days.
On January 1st prior to the employee's second anniversary to December 31st prior to the employee's fifth anniversary / 80-hours / Ten-days.
On January 1st prior to the employee's fifth anniversary to December 31st prior to the employee's tenth anniversary / 120-hours / Fifteen-days.
On January 1st prior to the employee's tenth anniversary and all subsequent years / 160-hours / Twenty-days.

Vacation benefits may be used in minimum increments of one hour. New employees are not entitled to paid vacation benefits during their first 90 days of employment. After 90 days of employment, employees will be eligible to use a pro-rated amount of vacation benefits for the remainder of the calendar year. Requests for vacation benefits will be honored on a "first come/first serve" basis. Employees should request approval from their Supervisors in writing at least 24 hours in advance of the requested time off. Approval of vacation benefits requests is the responsibility of a Supervisor and is subject to the operational needs of the Town. The Town reserves the right to deny vacation benefits requests when such vacation benefits would interfere with busy times, limited staff, or other circumstances which jeopardize the operations of the Town. All vacation benefits must be exhausted before an employee requests the use of unpaid time off.

Personal Days

The Town of Lapel provides paid personal days to all eligible employees for periods of temporary absence due to illness, injuries, or personal pursuits. Employees in the following employment classification(s) are eligible to earn and use personal days as described in this policy:

*Regular full time employees

Eligible employees receive eight personal days (64 hours) per calendar year which are available to employees on January 1st of each year. New employees are not entitled to paid personal days during their first 90 days of employment. After 90 days of employment, employees will be eligible to use a pro-rated amount of personal days for the remainder of the calendar year.

Employees should request approval from their Supervisors prior to the start of their shift. If a Supervisor cannot be reached, the employee should contact Town Hall prior to the start of their shift and leave a voicemail. Approval of personal day requests is the responsiblity of a Supervisor and is subject to the operational needs of the Town. The Town reserves the right to deny personal day requests when such personal days would interfere with busy times, limited staff, or other circumstances which jeopardize the operations of the Town.

Effective with the implementation of the handbook, personal days may not be carried over year to year.

All earned but unused personal days will be paid out on the last pay period in 2019. Beginning in 2020, earned but unused personal days will be forfeited at the end of the calendar year. Upon involuntary termination of employment, employees will not be paid for all earned but unused personal days. Upon voluntary termination of employment, employees who provide a minimum of two weeks' notice and work thru the final day of employment according to their notice will be paid for all earned but unused personal days.

Personal days are paid at the employee's current pay rate at the time of the personal day. Paid time off for personal days will be used in overtime calculations, and any special forms of compensation such as incentives, commissions, bonuses, or shift differentials thru December 31st, 2019. As of January 1, 2020, personal days will not be used in overtime calculations, or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials.

Section Overtime

Overtime compensation will be paid to nonexempt employees in accordance with federal and state wage and hour restrictions, which includes any time worked over 40 hours in a standard workweek. Paid time off (vacations, holidays, personal days and bereavement leave) will be used in overtime calculations and any special forms of compensation such as incentives, commissions, bonuses, or shift differentials thru December 31st, 2019.

As of January 1st, 2020 vacation time used, personal time used and holidays will not count toward the calculation of overtime.

The payroll clerk will prepare on a weekly basis, a report to the Council illustrating the amount of and who were paid overtime. It will be the job of the department supervisors to limit overtime whenever possible.

"ON CALL" Employees: The employees who are assigned to utilities duties on weekends that is is considered part of the essential duties and responsibilities of their job and is not considered an emergency will be paid at their straight time rate for all hours worked. Overtime will be paid to nonexempt employees in accordance with federal and state wage and hour laws, for any time worked over 40 hours in a standard workweek.

The definition of "on call" is being designated to be available to answer emergency calls from the Town during nonscheduled hours. Employees in an "on call" status are required to respond to an "on call" emergency within 30 minutes. Employees will be paid for a minimum of two hours of pay, regardless of the amount of time worked. Employees will receive premium pay at a rate of time and one half for all hours worked when in an employee is "on call". Premium pay will not be included in overtime calculations.

Section - Meeting Attendance Payment

Non-council members that are authorized members of the Planning Commission, Park Board, Board of Zoning Appeals and Storm Water Subcommittee will be paid $10 per meeting attended. Disbursements of amounts owed will be semi-annually July and January.

Section - Office Hours and Utility/Street Department Hours

Town Hall office hours are Monday - Friday 8am to 4pm. The Utility/Street Department hours are 7am to 3:30pm.

Section - Police Officers

Non-academy graduates will be in a probationary status until six months from graduation date.

Academy graduates will be on a probationary period of six months from hire date.

New hire without academy certification will be sent to the academy within one year of hire date.

If for some foreseen or unforeseen reason the officer has to leave the department within 2 years of hire date or fails to complete the academy assignment, said officer must repay all training compensation of the Town of Lapel.

Section - Educational Reimbursement

It is the desire of the Town of Lapel that all employees gain more education in their specific disciplines. If the employee quits a course, paid by the Town of Lapel, the employee must repay to the Town the cost of the course. This would include tuition fees, cost of books and materials, and mileage reimbursements. If the employee completes the course work and attendance requirements, but fails the final test, reimbursement is not required. Retesting is at the discretion of the Council.

Section - Insurance

The Town of Lapel will pay 100% of the employee's health insurance premium; employees will have to pay dependent coverage, if desired. This benefit is available to full-time employees only. Employees who are eligible to enroll in the group medical program may choose to waive participation in the plan. Only employees covered under another group health carrier will be permitted to waive coverage. Employees are required to complete the appropriate form to waive ther election and provide verification of coverage.

Health, Life and Vision - Health Application
Life Only - Health Application (check life only, indicate waiver/other coverage)

An optional dental insurance benefit plan is offered to all full-time employees. The premium for the insurance policy is split 50%/50% between the employee and the employer.

Section - Utility Certificates.

When a Lapel Utility employee acquires a Class 1 operator's certification for water or wastewater, their salary will be increased 75 cents per hour.

When a Lapel Utility employee acquires a Class 2 operator's certification for water or wastewater, their salary will increase 75 cents per hour.

If a Lapel Utility employee receives an initial gas operators certification, their salary will be increased by 50 cents per hour.

If a Lapel Utility employee receives their CDL, their salary will increase $1.00 per hour. Per Council only four Utility employees are eligible to obtain a CDL at a time.

When a Lapel Utility employee acquires full certification for gas, their salary will be increased One Dollar ($1.00) per hour.

Section - Special Pay/Year End

Employees with 1 to 5 years of service will receive $100.00, employees with more than 5 year' of service will receive $250.00 at year end. Special/Year End Pay will be paid to the employees the first pay of December.

Further Information

1-2022
Date Passed: 1/20/2022

CH31 31 .2 - Establish the Sanitation Fund (#6601)

ORDINANCE #2-2022

AN ORDINANCE OF THE TOWN OF LAPEL,
MADISON COUNTY, INDIANA,

TO ESTABLISH THE SANITATION FUND (FUND #6601)

BE IT ORDAINED by the Town Council of Lapel, Madison County, Indiana:

Section I:

The Town Council of Lapel, Madison County, Indiana, ("Town" or "Lapel") recognizes that a need now exists for the establishment of the Sanitation Fund (Fund #6601).

Section II:

The current sanitation fund is being removed from the General Fund (Fund #1101) & moved into its own Enterprise fund per Indiana State Board of Accounts.

Section III:

The sources of funding for the newly established fund will include monies received from utility bill payments from those residents who receive trash service through the Town's contract.

The funds receipted will be used to pay the monthly bill provided by the Town's contract vendor, & generate necessary revenue to pay for the costs that the Town incurs in providing this service.

The Town currently charges the vendor's contract amount per resident which is $13.67/month. This contract amount is set to increase annually per the existing contract which expires July 1st, 2023. The Town also charges an additional service charge of $2.00/ month per resident per Ordinance 7-2020.

BE IT FURTHER ORDAINED that this Ordinance be in full force and effect from and after its passage by the Lapel Town Council.

Further Information

2-2022
Date Passed: 1/20/2022

CH31 31 .3 - Establish the Non-reverting Angel Donation Fund (Fund #2301)

ORDINANCE# 3-2022

AN ORDINANCE OF THE TOWN OF LAPEL, MADISON COUNTY, INDIANA, TO ESTABLISH THE NON-REVERTING ANGEL DONATION FUND (FUND #2301)

BE IT ORDAINED by the Town Council of Lapel, Madison County, Indiana:

Section I:

The Town Council of Lapel, Madison County, Indiana, ("Town" or "Lapel") recognizes that a need now exists for the establishment of the Angel Donation Find (Fund #2301).

Section II:

The sources of funding for the newly established fund will include monies received as donations for town residents in need of assistance with their town utility bill. Those providing donations must state they are providing an "angel donation".

The Town will use the monies receipted only to help town residents who have fallen delinquent on their town utility bill.

Section III:

The Angel Donation Fund (Fund #2301) is established as a non-reverting fund.

BE IT FURTHER ORDAINED that this Ordinance be in full force and effect from and after its passage by the Lapel Town Council.

Further Information

3-2022
Date Passed: 1/20/2022

CH31 31 .4 - Salary Ordinance for 2022

Clerk/Treasurer

General Fund $1,298
Gas Company $8,657
Water Company $8,657
Sewer Company $8,658
Total $27,270

Town Council Members

General Fund $290
Gas Company $1,836.67
Water Company $1,836.67
Sewer Company $1,836.66
Total $5,800

Town Council Vice President

General Fund $300
Gas Company $1,900.00
Water Company $1,900.00
Sewer Company $1,900.00
Total $6,000

Town Council President

General Fund $350
Gas Company $2,216.67
Water Company $2,216.67
Sewer Company $2,216.67
Total $7,000

Attorney

Annually $4,600

Janitor on Contract

$50/weekly

Checks will be issued as follows: Council-monthly, the next pay period following the Council meeting.

Clerk/Treasurer weekly, Janitor-monthly, Town Attorney-semi-annually, and all other employees weekly.

Specific salaries for Town of Lapel employees beginning January 1st, 2022 and ending December 31st, 2022 are:

Police Chief $56,500 annually / $27.17/hour
Police Captain $49,500.00 annually / $23.80/hour
Patrolman $42,500 annually / $20.44/hour
Lateral Hire with five (5) plus years $42,500 annually
Lateral Hire with less than (5) years $41,000 to $42,500 annually
Probationary Officer Without Certification $41,000 annually.
Probationary Officer Upon Gaining Certification $42,000 annually.
Part Time Officer $27/hour
A lateral hire with five (5) or more years will start with two (2) weeks' vacation. A lateral hire with one (1) to four (4) years will start with one (1) week vacation.
Deputy Clerk $23.58/hour Office Administration
Accounts Payable $18.71/hour Office Administration
Seasonal Labor 1 $12.50/hour Part Time General Maintenance
Seasonal Labor 2 $16.48/hour Part Time Seasonal Labor
Seasonal Labor 3 $11.00/hour Part Time Seasonal Labor
Wastewater Operator $21.22/hour
Contract Employee $40.00hr/5hr week Water Operator/Sewer Operator
Utility Director $61,800 annually
Gas Operator $20.60/hour
Gas Assistant/Labor $16.23/hour
Utility Labor $15.00-$15.15/hour
Street/Utility Labor $16.71/hour
Code Enforcement $50,859.34 annually
Water Operator $16.71/hour
Full time/Part time Office Employee $16.54/hour

Section - Bereavment Days

Section - Paid Legal Holidays

Vacation/Personal Days for Full-Time Employees

90-days through December 31st of the employee's first year / 40-hours pro-rated based upon the number of months left in the year / Five-days pro-rated based upon the number of months left in the year.
On January 1st of the employee's first year to the December 31st prior to the employee's second anniversary / 40-hours / Five-days.
On January 1st prior to the employee's second anniversary to December 31st prior to the employee's fifth anniversary / 80-hours / Ten-days.
On January 1st prior to the employee's fifth anniversary to December 31st prior to the employee's tenth anniversary / 120-hours / Fifteen-days.
On January 1st prior to the employee's tenth anniversary and all subsequent years / 160-hours / Twenty-days.

Personal Days

*Regular full time employees

Effective with the implementation of the handbook, personal days may not be carried over year to year.

Section Overtime

As of January 1st, 2020 vacation time used, personal time used and holidays will not count toward the calculation of overtime.

Section - Meeting Attendance Payment

Section - Office Hours and Utility/Street Department Hours

Town Hall office hours are Monday - Friday 8am to 4pm. The Utility/Street Department hours are 7am to 3:30pm.

Section - Police Officers

Non-academy graduates will be in a probationary status until six months from graduation date.

Academy graduates will be on a probationary period of six months from hire date.

New hire without academy certification will be sent to the academy within one year of hire date.

Section - Educational Reimbursement

Section - Insurance

Health, Life and Vision - Health Application
Life Only - Health Application (check life only, indicate waiver/other coverage)

An optional dental insurance benefit plan is offered to all full-time employees. The premium for the insurance policy is split 50%/50% between the employee and the employer.

Section - Utility Certificates.

When a Lapel Utility employee acquires a Class 1 operator's certification for water or wastewater, their salary will be increased $1.00 per hour.

When a Lapel Utility employee acquires a Class 2 operator's certification for water or wastewater, their salary will increase $1.00 per hour.

If a Lapel Utility employee receives an initial gas operators certification, their salary will be increased by 50 cents per hour.

If a Lapel Utility employee receives their CDL, their salary will increase $1.00 per hour. Per Council only four Utility employees are eligible to obtain a CDL at a time.

Section - Special Pay/Year End

Further Information

4-2022
Date Passed: 1/20/2022

CH31 31 .5 - Amending the Official Zone Map

AN ORDINANCE OF THE TOWN OF LAPEL, MADISON COUNTY, INDIANA, AMENDING THE OFFICIAL ZONE MAP AS TO CERTAIN REAL ESTATE WITHIN THE TOWN OF LAPEL, INDIANA, AS HEREIN DESCRIBED.

WHEREAS, a proposed Ordinance has been referred to the duly authorized Plan Commission of the Town of Lapel, Indiana for a change in the Official Zone Map as to certain real estate in said Town as hereinafter described; and

WHEREAS, the Lapel Plan Commission has given proper notice and conducted a Public Hearing for this Ordinance on March 10, 2022, and thereafter, unanimously gave a favorable recommendation to the Lapel Town Council on Petition #1-2022; and

WHEREAS, after receiving recommendations from the Town Planning Staff, hearing comment, reviewing presented documents, and reviewing the subject property, the Lapel Town Council hereby finds that the proposed zoning map change request in Petition #1-2022: (1) complies with the Town of Lapel Comprehensive Plan; (2) is most compatible with the current conditions and the character of current structure and uses in the district and surrounding area; (3) is the most desirable use for which the subject land is adapted; (4) best conserves property values throughout the Town; and (5) best provides for responsible development; and

WHEREAS, the Town makes the above based on the entirety of the record placed before the Plan Commission and Town Council.

NOW, THEREFORE, IT IS HEREBY ORDAINED by the Lapel Town Council, under the authority of Indiana Code 36-7-4-608, and all acts amendatory thereto as follows:

Section 1: That the Zoning Ordinance of the Town of Lapel, Indiana, as shown by the records of Lapel, Indiana, shall be amended to change the Zone Map as incorporated therein and the following described real estate in Madison County, Indiana, to wit:

Lot Numbered Eleven in David Conrad's First Addition to the Town of Lapel, as recorded in plat Book 2, Page 26, records of Madison County, Indiana.

Commonly known as: 1028 Main Street, Lapel, Indiana 46051

Parcel No: 48-10-28-104-074.000-032

And the same is hereby rezoned from the present R2 zoning classification to C2 zoning with the following contingencies.

Developer commits to pave the parking lot with concrete or asphalt, and to install proper lighting;
Developer commits to provide a sidewalk along Main Street; and
Developer commits to provide a landscape buffer on the east side of the parking lot and landscape the parking lot per the Town of Lapel Zoning Ordinances.

Section 2: This Ordinance shall be in full force and effect from and after its passage by the Town Council of Lapel, Indiana, and publications as provided by law.

SO ORDAINED THIS 17th DAY OF MARCH, 2022.

Further Information

5-2022
Date Passed: 3/17/2022

CH31 31 .6 - Amending the Official Zone Map

AN ORDINANCE OF THE TOWN OF LAPEL, MADISON COUNTY, INDIANA, AMENDING THE OFFICIAL ZONE MAP AS TO CERTAIN REAL ESTATE WITHIN THE TOWN OF LAPEL, INDIANA, AS HEREIN DESCRIBED.

WHEREAS, a proposed Ordinance has been referred to the duly authorized Plan Commission of the Town of Lapel, Indiana for a change in the Official Zone Map as to certain real estate in said Town as hereinafter described; and

WHEREAS, the Lapel Plan Commission has given proper notice and conducted a Public Hearing for this Ordinance on April 14, 2022, and thereafter, unanimously gave a favorable recommendation to the Lapel Town Council on Petition #2-2022; and

WHEREAS, after receiving recommendations from Town Planning Staff, hearing comment, reviewing presented documents, and reviewing the subject property, the Lapel Town Council hereby finds that the proposed zoning map change request in Petition #2-2022: (1) complies with the Town of Lapel Comprehensive Plan; (2) is most compatible with the current conditions and the character of current structure and uses in the district and surrounding areas; (3) is the most desirable use for which the subject land is adapted; (4) best conserves property values throught the Town; and (5) best provides for responsible development; and

WHEREAS, the Town makes the above based on the entirety of the record placed before the Plan Commission and Town Council.

NOW, THEREFORE, IT IS HEREBY ORDAINED by the Lapel Town Council, under the authority of Indiana Code 36-7-4-608, and all acts amendatory thereto as follows:

COMMENCING AT A POINT SIX FEET SOUTH OF THE NORTHEAST CORNER OF LOT NUMBERED NINE IN THE ORIGINAL PLAT OF THE TOWN OF LAPEL AS RECORDED IN PLAT BOOK ONE, PAGE 70, RECORDS OF SAID COUNTY AND RUNNING THENCE SOUTH ON AND ALONG THE EAST LINE OF SAID LOT THIRTY-SEVEN FEET: THENCE WEST SEVENTY FEET; THENCE NORTH THREE FEET; THENCE EAST TEN FEET; THENCE NORTH THIRTY-FOUR FEET; THENCE EASTSIXTY FEET TO THE PLACE BEGINNING; BEING A PART OF LOT NUMBERED NINE IN SAID ADDITION.

Commonly known as: 705 Main Street, Lapel, Indiana 46051

Parcel No: 48-10-28-104-113.000-032

And the same is hereby rezoned from the present C1 zoning classification to R2 zoning with the following contingency:

Must receive variance approvals from the BZA within one (1) year.

Section 2: This Ordinance shall be in full force and effect from and after its passage by the Town Council of Lapel, Indiana, and publications as provided by law.

SO ORDAINED THIS 21st DAY OF APRIL, 2022

Further Information

6-2022
Date Passed: 4/21/2022

CH31 31 .7 - Ordinance Vacating Alley

Come now the Petitioners, Robert R. Steele, Linda J Steele and Scott E Hersberger, and file their Petition to Vacate Alley in the Town of Lapel, which petition is in the words and figures as follows, to-wit:

(H.I)

The Council finds that Petitioners Robert R. Steele and Linda J. Steele are the owners of the following described real estate situated in Lapel, Indiana, to-wit:

Lot #28 in Conrad's 2nd Addition to the Town of Lapel, Madison County, Indiana, the plat of which is recorded in Plat Book 2 Page 76 in the Office of the Recorder of Madison County, Indiana.

and that the property abuts to the north of the alleyway to be vacated.

The Council finds that Petitioner Scott E. Hersberger is the owner of the following described real estate situated in Lapel, Indiana, to-wit:

Lot Numbered Eleven in David Conrad's First Addition to the Town of Lapel, as recorded in Plat Book 2, Page 26, records of Madison County, Indiana.

and that said property abuts to the south of the alleyway to be vacated, which alley is more particularly described as follows:

Beginning at the Northwest corner of Lot Numbered 11 in Conrad's 1st addition to the Town of Lapel, Madison County, Indiana, the plat of which is recorded in Plat Book 2 Page 26 in the Office of the Recorder of Madison County; Thence Easterly approximately 132 feet to the Northeast Corner of the same lot; Thence Northerly along the East line of said lot to the southeast corner of Lot Numbered 28 in the 2nd addition to the Town of Lapel, Madison County, Indiana, the plat of which is recorded in the Plat Book 2 Page 76 in the Office of the Recorder of Madison County, Indiana; Thence Westerly approximately 132 feet to the Southwest corner of said Lot 28; Thence Southerly along the west side of said lot to the place of beginning, and containing .05 acre, more or less.

The Council now finds that the vacation of the above described alley will adversely affect no one; that the vacation of said alley will in no way interfere with the travel of the general public and will not impede or restrict the flow of traffic in the Town of Lapel, Indiana; that the area of the alley to be vacated is not needed for the future expansion of the Town of Lapel; and that the vacation would not hinder the public's access to a school, church, or other public building or place.

The Council further finds that no citizens of the Town of Lapel, Indiana, would be denied ingress or egress by the vacation of the above set forth alley, nor will the public, as a whole, be damaged in any manner whatsoever by this vacation.

The Council further finds that all notices required by law have been properly given.

IT IS THEREFORE ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAPEL that the following described alley in Lapel, Indiana:

be and the same is hereby vacated as a public thoroughfare or alley in the Town of Lapel, Indiana.

IT IS FURTHER ORDAINED that the vacated alley shall vest in the abutting landowners pursuant to statute/State law.

IT IS FURTHER ORDAINED that the Petitioners shall record a copy of this Ordinance in the Recorder's Office of Madison County, Indiana.

BE IT FURTHER ORDAINED that the vacation herein shall be subject to continued use by public utilities as provided in I.C. 36-7-3-16.

Passed and adotped this 18th day of August 2022.

Further Information

7-2022
Date Passed: 8/18/2022

CH31 31 .8 - Woodward Place Planned Unit Development District

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LAPEL, MADISON COUNTY, INDIANA AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF LAPEL, INDIANA

WHEREAS, the Town Council of the Town of Lapel, Indiana (the "Town Council"), adopted the Town of Lapel, Indiana Unified Development Ordinance (the "Unified Development Ordinance") pursuant to its authority under the laws of the State of Indiana, Indiana Code 36-7-4 et seq., as amended; and

WHEREAS, the Town of Lapel, Indiana (the "Town") is subject to the Unified Development Ordinance; and

WHEREAS, the Town of Lapel Advisory Plan Commission (the "Commission") considered a petition ("Docket 06-22"), the Woodward Place Planned Unit Development, filed with the Commission requesting an amendment to the Unified Development Ordinance and to the Zoning Map with regard to the subject real estate more particularly described in Exhibit A attached hereto (the "Real Estate");

WHEREAS, the Commission forwarded Docket 06-22, after a public hearing held on the 11th day of August, 2022, to the Town Council with a favorable recommendation by a vote of 5-0 in accordance with Indiana Code 36-7-4-608, as required by Indiana Code 36-7-4-1505;

WHEREAS, the Secretary of the Commission certified the action of the Commission to the Town Council on August 12, 2022;

WHEREAS, the Town Council is subject to the provisions of the Indiana Code 36-7-4-1507 and Indiana Code 36-7-4-1512 concerning any action on this request; and

NOW, THEREFORE, BE IT ORDIANED by the Town Council of the Town of Lapel, Madison County, Indiana, meeting in regular session, that the Unified Development Ordinance and Zoning Map are hereby amended as follows:

Section 1. Applicability of Ordinance.

1.1 The Unified Development Ordinance and Zoning Map are changed to incorporate the Real Estate into the Woodward Place Planned Unit Development District (the "Woodward Place PUD District").

1.2 The Development of the Real Estate is governed by (i) the provisions of this Ordinance and its exhibits, and (ii) the provisions of the Unified Development Ordinance as set forth herein, except as modified, revised, supplemented, or expressly made inapplicable by this Ordinance.

1.3 Cross-references of this Ordinance refer to the section as specified and referenced in the Unified Development Ordinance.

1.4 All provisions and representations of the Unified Development Ordinance that conflict with the provisions of this Ordinance are made inapplicable to the Real Estate and are superseded by the terms of this Ordinance.

Section 2. Definitions Capitalized terms not otherwise defined in this Ordinance have the meanings ascribed to them in the Unified Development Ordinance.

2.1 Street Side Yard: An open space, unobstructed to the sky, extending fully across the lot while situated between the street side lot line and the established street side building line.

Section 3. District Plan and Concept Plan

3.1 The Real Estate within the Woodward Place PUD District is hereby divided into four (4) Districts (individually or collectively, "District"), as depicted on the "District Plan", attached as Exhibit B. Development of each District is regulated as set forth in this Ordinance. The area within each District may increase or decrease up to 15% of the area of the District.

3.2 The "Concept Plan", attached as Exhibit C, is incorporated in accordance with v12.2.3. The community design and lot layout must be substantially similar to the design show in the Concept Plan.

Section 4. Underlying Zoning District(s). The Underlying Zoning District of Each District is as follows:

C1 General Commercial
R2 Single-family Residential: Traditional Neighborhood District
R2 Single-family Residential: Traditional Neighborhood District
R2 Single-family Residential: Traditional Neighborhood District

Section 5. Permitted Uses. The following uses are permitted or prohibited within the Districts, as set forth below:

5.1 Permitted Uses in District A:

The Permitted Uses listed in V6.1.2 (C1 District Permitted Uses) .
Church or other Place of Worship.
Community Center.
Dwelling, Secondary (on upper floors of other use).

5.1 Special Uses in District A: The Special Uses listed in V6.1.2 (C1 District Special Uses), except as otherwise modified by this Ordinance.

5.3 Prohibited Uses in District A:

Adult Use.
Fireworks Sale (permanent).
Kennel.
Truck Stop / Travel Center

5.4 Permitted Uses in Districts B,C, and D:

The Permitted Uses listed in V4.1.2 (R2 District Permitted Uses).
Church or other Place of Worship.
Community Center.

5.5 Special Uses in Districts B,C, and D: The Special Uses listed in V4.1.2 (R2 District Special Uses), except as otherwise modified by this Ordinance.

5.6 Prohibited Uses in Districts B, C and D:

Retail Uses (small scale).
Water Tower.

Section 6. Lot/Yard Standards. The Lot/Yard Standards of each District's Underlying Zoning District (V6.2.4 or V4.2.4) apply to the development of the Real Estate, except as otherwise modified below.

6.1 Development Standards Matrix:

	District B Homes	District B Homes	District C Cottages	District D Fourplexes
Minimum Front Yard Setback	20'	20'	5'	5'
Minimum Street Side Setback for Primary Structures	15'	10'	5'	5'
Minimum Side Setback for Primary Structures	10'	5'	5'	5'
Minimum Setback, Rear for Primary Structures	20'	15'	5'	5'
Minimum Lot Area	10,000 SF	4,800 SF	2,400 SF	2,700 SF
Minimum Lot Width	100'	40'	40'	45'
Minimum Lot Frontage	N/A	30'	N/A	N/A
Maximum Lot Coverage	70%	70%	65%	75%
Minimum Total Living Area⁽¹⁾	600 SF	1,100 SF	750 SF	1,100SF
Minimum Ground Floor Living Area	N/A	N/A	N/A	N/A
Maximum Number of Primary Structures per Lot	N/A	1	N/A	1
Maximum Number of Dwelling Units within the District ⁽²⁾	N/A	55	22	20
Minimum Building Separation	10'	10'	10'	10'

Development Standards Matrix Notes:

(1) In District A, the Minimum Total Living Area applies to each residential dwelling unit provided in upper floors of a building.

(2) The maximum number of dwelling units within a District may increase by up to 10%.

6.2 Driveways: In all Districts, driveways are permitted over utility easements but must maintain a minimum of three (3) feet from side yard property lines.

6.3 Street Frontage: In Districts C and D, lots are not required to front upon a public street or approved private street. For lots not fronting upon a street, the front yard is determined as the narrowest lot line abutting a common area.

6.4 Variations: The Plan Commission may approve a fifteen percent (15%) reduction in any minimum development standard or fifteen percent (15%) increase in any maximum development standard specified in this Section.

Section 7. Buffer Zone/Screening Standards. The Buffer Zone/Screening Standards, as applicable to each District's Underlying Zoning District (V6.2.7 or V4.2.7), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

7.1 Interior Buffers: No buffer zones are required between the different Districts within the Real Estate.

7.2 Perimeter Buffers:

Where the Real Estate abuts property zoned Po - Parks and Open Space District, Is - Institutional and Social District, or a sports-related use, no buffer zone is required. For all other conditions, a Buffer Zone 3 applies.
Where existing trees are being preserved and protected in place, no additional berming or landscaping is required.
Where uses within the Real Estate front an existing public street, no Buffer Zone is required.
Where berming is used for all or part of the buffer zone abutting a commercial use, the requirement that the plant material be placed only on the top and exterior side slope of the berm does not apply.
Where a screen wall or fence is used for all or part of the buffer zone abutting a commercial use, the requirement that the plant material be placed only on the exterior side of the wall or fence does not apply.

Section 8. Public Improvement Standards. The Public Improvement Standards, as applicable to each District's Underlying Zoning District (v6.2.9 or V4.2.9), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

8.1 Sidewalks:

Sidewalks along the perimeter of the Real Estate abutting existing roadways must be at least 8 feet in width and may be constructed of concrete or asphalt.
Sidewalks within the interior of the Real Estate must be at least 5 feet in width and constructed of concrete.
Concrete sidewalks must be at least 4 inches thick in pedestrian areas and 6 inches thick in vehicular areas.

8.2 Street Dedications: Right-of-way along existing perimeter streets must be dedicated as noted below:

Land must be dedicated to create a 40 foot wide half right-of-way the entire length of the interface of the Real Estate and SR32.
Land must be dedicated to create a 30 foot wide half right-of-way the entire length of the interface of the Real Estate and S 900 W.
Land must be dedicated to create a 30 foot wide half right-of-way the entire length of the interface of the Real Estate and W 200 S.

8.3 Street Construction:

Improvements to existing perimeter streets is limited to the improvements needed to make safe entrances to the Real Estate, such as acceleration lanes and deceleration lanes.
Interior streets must have at least a 50' wide right-of-way consisting of a 5-foot sidewalk, a 6-foot planter strip between the sidewalk and curb, a 28 foot wide street measured back-of-curb to back-of-curb, a 6-foot planter strip between the sidewalk and curb, and a 5-foot sidewalk.

8.4 Street Trees:

Street trees will be provided in the planter strip between the sidewalk and the curb or edge of pavement spaced no more than 40 feet on center. The same tree species may be used along a street to create uniformity, but tree species must vary between streets.
Street trees cannot be planted within 5 feet of the intersection of a street and a private residential driveway.

Section 9. Open Space Requirements. The Open Space Requirements, as applicable to each District's Underlying Zoning District (V6.2.10 or V4.2.10), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

9.1 Buffer Zones located within a larger common area may count towards the open space requirement.

9.2 The Town will permit common area walks to connect to the trail system within Woodward Park.

Section 10. Building Design and Architectural Standards. The Building Design and Architectural Standards, as applicable to each District's Underlying Zoning District (V6.2.11 or V4.2.11) do not apply to the development of the Real Estate. Instead, the following building design and architectural standards apply:

10.1 Residential Architectural Standards: All residential dwelling units in Districts B, C and D must have at least 3 exterior colors, materials, or patterns on the front facade and at least 2 exterior colors, materials, or patterns on the side and rear facades. A well-chosen selection of contrasting trim and accent colors will draw attention to architectural details.

10.2 Residential Architectural Diversity: In Districts B, C and D, to improve the architectural diversity along a streetscape, homes of the same elevation and color scheme are not permitted next to or directly across the street from each other. Additionally, the home color scheme may not be repeated for two homes on either side of the subject home and the five homes directly across the street from the subject home. Figure 1 illustrates this requirement.

See Figure 1 in Attached PDF File page 7

10.3 Commercial Architectural Standards: In District A, the following design standards apply to all new primary buildings:

Buildings and structures within a single development should have complimentary architectural themes.
All roof or ground mounted mechanical equipment must be completely enclosed. Ground-mounted enclosures must be landscaped on all sides not facing the building being served.
Each building facade visible from a street or orientated to an adjoining residential district must be:
- 100% masonry materials, excluding window, door, roofing, fascia, and soffit materials: or
- Incorporate two or more building materials, excluding window, display window, door, and roofing materials, provided 60% of the building facade is masonry materials.
- For all other building facades, up to 25% of the facade, exclusive of windows (including faux windows and glazing), doors and loading berths, may be covered with metal, fiber cement siding, polymeric cladding, E.I.F.S., stucco, or vinyl exterior building materials.
- The exterior building material selection for all building facades, must be further enchanced with: (i) the use of multiple colors, multiple textures (e.g. rough, smooth, striated, etc.); or (ii) the addition of architectural elements (e.g. quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.).
- Loading spaces, loading docks, or oversided service doors are prohibited on building facades facing public streets. However, if all building facades are determined to be facing public streets, then loading spaces, loading docks, or oversided service doors may be permitted on the facade least visible from a public street.
All building facades visible from an adjacent street must be constructed with the same building material quality and level of architectural detail.
All building facades must have a defined base or foundation, a middle or modulated wall, and a top formed by a pitched roof or articulated, cornice or molding. Building facades 90 feet or greater in length must have offsets at intervals no greater than 60 feet apart. Buildings less than 10,000 square feet in gross floor area must have offsets at no more than 40-foot intervals. Offsets can project or recess. They must extend the entire vertical plane of the building facade. The offset must be at least 2 feet in depth and at least 20% of the overall building facade length. Architectural elements (e.g. arcades, columns, piers, etc.) meeting the offset requirements may be used to fulfill this requirement.
Gutters and downspouts must be visually integrated with the architectural style of the structure. The color of gutters and dounspouts should complement or be consistent with the building materials.
Pitched roof designs must have a main roof with a minimum 5:12 pitch, contain 30 or more roof slope planes, and be covered with high quality roofing materials such as natural clay tiles, slate, concrete tiles (with natural texture and color), high quality standing seam metal roofing, wood shake or shingles (with adequate fire protection), three-dimensional asphalt or fiberglass shingles.
Metal roofs must have a low-gloss finish to reduce glare.
Flat roof designs must be edged by a parapet wall with an articulated, three-dimensional cornice or molding. Parapet walls must be fully integrated into the building's architectural design to create seamless transitions between the main building mass and roof-mounted architectural elements. Modulation or variation of the roofs and/or roof lines is required to eliminated the appearance of box-shaped buildings. Flat roofs are prohibited for one story buildings unless otherwise approved by the Plan Commission after consideration of the building architecture, context, and sensitivity to the character of the area.
All visible vents, attic ventilators, turbines, flues, and other visible roof penetrations but be painted to match the color of the roof or flat back; and orientated to minimize their visibility from adjacent lots and streets.
Building entrances must be clearly defind and articulated by multiple architectural elements such as lintels, pediments, pilasters, columns, awnings, porticos, and other design elements appropriate to the architectural style and details of the building. The location, orientation, proportion, and style of doors must complement the style of the building.
Window designs must be compatible with the style, materials, color, details, and proportion of the building. The number of window panes, the number of window openings, window trim and other design elements to accent the windows must be consistent and complementary to the architectural style of the building.
Window trim and other design elements to accent the windows are required for all windows. Acceptable design elements include shutters, keystones, masonry arches, awnings, decorative stone frames, masonry rowlock frames, or other trim or design elements as approved by the Plan Commission or Administrator.
Fixed or retractable awnings are permitted if they complement the building's architectural style, material, colors, and details. Awnings must be made of a non-reflective material kept in good repair. Awnings used to comply with the architectural design requirements of this Ordinance cannot be removed unless the building facade otherwise complies with the architectural design requirements without the awnings.
The support structures for gasoline service station canopies must be wrapped in material(s) complementing the principal building and the canopy roof materials must match the color and texture of the principal building. To reduce the visual impact of the canopy, the clearance between the underside of the canopy and ground cannot exceed 16 feet and the canopy facia cannot be more than 30 feet wide.

10.4 The Plan Commission or Zoning Administrator may adjust or waive the above requirements to allow a cohesive design consistent with the architectural style of the building and the intent of these regulations.

Section 11. Lighting Standards. The Lighting Standards, as applicable to each District's Underlying Zoning District (V6.2.12 or V4.2.12), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

11.1 Street Lighting Standards: Street lights are required at access points to existing perimeter streets. Streets internal to the development are illuminated by dust-to-dawn lights installed on each of the primary buildings.

Section 12. Environmental Standards. The Environmental Standards, as applicable to each District's Underlying Zoning District (V6.2.12 or V4.2.13), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

12.1 Retention, Detention, and Pond Edges: The requirements for natural plantings required in V6.2.13(M) and V3.2.12(M) do not apply.

Section 13. Parking Standards. The Parking Standards, as applicable to each District's Underlying Zoning District (V6.2.15 or V4.2.15), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

13.1 A parking space may be located within a utility easement.

Section 14. Entrance/Drive Standards. The Entrance/Drive Standards, as applicable to each District's Underlying Zoning District (V6.2.17 or V4.2.16), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

14.1 The requirements of V4.2.16(G) do not apply to driveways for residential dwellings (both individual driveways and shared driveways).

14.1 The requirements of V4.2.16(I) do not apply to driveways for residential dwellings (both individual driveways and shared driveways).

Section 15. Fence and Wall Standards. The Fence and Wall Standards as applicable to each District's Underlying Zoning District (V6.2.25 or V4.2.24), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

15.1 Fences and walls may be placed on the property line, even within a required Buffer Zone.

Section 16. Landscaping Standards. The Landscaping Standards, as applicable to each District's Underlying Zoning District (V6.2.26 or V4.2.25), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

16.1 Interior Planting Requirements: The planting requirements of V6.2.26(D) V4.2.25(H)(i) do not apply.

16.2 Installation and Maintenance Provisions: The provisions of V6.2.26(H)(i) and V4.2.25(H)(i) do not apply.

Section 17. Large Scale Retail Standards. The Large-Scale Retail Standards of V6.2.27 do not apply. They are superseded by Section 10.3 of this Ordinance.

Section 18. Major Subdivision Standards. The standards of V12.1.6 Major Subdivision Principles and Design Standards and V12.1.7 Major Subdivision Construction Standards, as applicable, shall apply to the development of the Real Estate unless otherwise modified by this Ordinance. All provisions of V12.1.6 and V12.1.7 that conflict with the provisions of this Ordinance and its Concept Plan are made inapplicable to the Real Estate and are superseded by the terms of this Ordinance.

18.1 Lot Standards: The requirements that each lot must abut a public street does not apply. The requirement that a corner lot has a front setback where abutting a street does not apply. For corner lots, the narrowest frontage abutting a street is considered a front yard and the other frontage abutting a street is considered a street side yard.

18.2 Block Standards: The block length requirements do not apply.

All of which is adopted this 15th day of SEPTEMBER, 2022 by the Town Council of the Town of Lapel Indiana.

See attachment for exhibits and additional files.

Further Information

8-2022
Date Passed: 9/15/2022

CH31 31 .9 - Wage and Salary Ordinance for the Town of Lapel

WAGE AND SALARY ORDINANCE FOR THE TOWN OF LAPEL

WHEREAS the Town Council of the Town of Lapel wishes to establish a fair and equitable schedule of salaries, wages, and other related benefits for those in the employ of the Town.

NOW, THEREFORE, IT IS HEREBY ORDAINED THAT THE FOLLOWING SALARY ORDINANCE SHALL BE EFFECTIVE UPON APPROVAL BY THE TOWN COUNCIL OF THE TOWN OF LAPEL.

Section I.

This wage and salary ordinance supercedes all previous wage and salary ordinances. All provisions contained herein shall superceded all other employee handbooks and standard operation procedures for the Town of Lapel.

Section II.

The general payroll period shall be weekly beginning on Sunday and ending on Saturday. Payroll periods will begin on the first Sunday of the calendar year and end on the final Saturday of the last full week of the calendar year. Payroll for all Exempt and Non-Exempt town employees and the Elected Clerk-Treasurer shall be paid weekly. All Elected Town Council Members shall be paid monthly on the third (3rd) Thursday of each month.

Section II. Establishment of Pay Grades:

This Salary Ordinance establishes only the minimum and maximum rate of pay for the pay grades as presented in Exhibit A of this ordinance. Each position is assigned a pay grade as presented in Exhibit B of this ordinance.

Employmeny of personnel in the positions indicated is governed by the approval of the Lapel Town Council in annual budgets and staffing levels established incidental thereto.

No Town Employee will receive an annual increase in compensation that exceeds three percent (3%)
The Lapel Town Council will determine the rate of pay increase for all employees annually.
No Department Head or Town Employee may add, delete, alter or otherwise amend any job title or description without the approval of the Lapel Town Council.
Newly Elected Officials will start at the Minimum Pay Rate for their position. Elected officials will receive annual increases at the same rate of increase for all town employees.
Employees and Elected Officials that receive a promotion or demotion will have their pay rate adjusted based on the difference in minimum pay ofr the positions they are moving to or from.

Section IV. Additions:

Longevity Pay: All regular full-time employees shall receive an additional $100.00 per year of each full year of accredited service. This shall be paid on the first payroll period of December annually, not to exceed $2,000.00. Must be a current employee at the time of distribution.
Police Certifications: The following additional pays are authorized at the discretion of the Police Chief. The requirements for these positions will be stablished by the Police Chief and outlined in the Standard Operating Procedures of the Lapel Police Department. Should an officer lose this designation or not maintain the required training or certifications, this additional pay would no longer be applicable.
These are to be paid on the first payroll period of December annually. Must be a current employee at the time of distribution.
- General Instructor $150 annually
- Firearms Instructor $100 annually
- Emergency Vehicle Operations Instructor $100 annually
- Less Lethal Tactics Instructor $100 annually
- Breath Test Operator* $75 annually
- Field Training Officer $75 annually
- Training Coordinator $75 annually
- Property Room Custodian $75 annually
- Fleet Manager $75 annually
- *If the officer is a General Instructor, these Certifications are not applicable
Commercial Driver's License: Any Utility Department Employee with a Class B or above Commercial Driver's License shall receive an additional $1.00 per hour. This would be applicable in addition to the maximum pay rate for their position. Should the employee lose or not renew this license, this additional pay would no longer be applicable.
Cross Train Certifications: Any Utility Department Employee that completes the necessary training and receives a full certification for an area outside of their primary responsibility shall receive an additional $1.00 per hour. This would be applicable in addition to the maximum pay rate for their position. Should the employee lose or not renew their certification, this addiitonal pay would no longer be applicable. This applies only to cerifications that are required by the Town of Lapel.
Deputy Clerk: Any designate of the Clerk-Treasurer to receive the position of Deputy Clerk shall receive an additional $1.00 per hour. This would be applicable in addition to the maximum pay rate for their position. Should the employee lose this designation, this additional pay would no longer be applicable.

Section V. Overtime Provision:

Non-Exempt Hourly employees shall be paid time and one half for actual hours workedi n excess of forty (40) hours per week.
Non-Exempt Police Department Personnel shall be paid overtime at the rate of time and one half for actual hours worked in excess of forty-three (43) hours per week as outlined in the Code of Federal Regulations - Part 553.230.
Scheduled Hours worked on town observed holidays for Non-Police Department Personnel shall be compensated at time and one half.
Non-Exempt Police Department Personnel shall be paid time and one half for Scheduled Hours worked on the actual, not observed, holiday.
Vacation,Sick/Personal Leave, and Holiday Pay will not count toward the calculation of overtime pay unless otherwise specified in this ordinance.

Section VI. Vacation:

Vacation time accrued as of the first payroll period of the calendar year shall be as follows for eligible full-time employees.
Vacation time accrual is outlined in Exhibit C of this ordinance.
There shall be no compensation for unused vacation time.
Unused vacation time will be paid out upon voluntary termination.
Unused vacation time will not be paid out upon involuntary termination.
Vacation time may not be carred over into the next calendar year. *Effective January 1st, 2023.
Up to 80 hours unused vacation time at the end of the calendar year 2022 may be converted to Sick/Personal Time.
If an employee chooses to carry over up to 80 hours vacation time at the end of calendar year 2022, that time must be used in the 2023 calendar year.
All eligible employees must submit a vacation request form to their Department HEad in advance to be eligible to receive vacation pay. Department Heads must submit a vacation request form to their Town Council Liaison. If three (3) to five (5) consecutive days off are requested, the proper form shall be submitted no less than ten (10) working days prior to the desired date.
If greater than five (5) consecutive days off are requested, the vacation request form must be submitted fifteen (15) working days prior to the desired date.
The Department Head is responsible to maintain proper scheduling coverage for their department.
Vacation Pay is not eligible for use when the absence was unexcused.
Vacation Pay can be used for an approved medial or personal leave of absence in accordance with the FMLA Act.
Vacation time off is granted on a "First Come, First Served" Basis. The Department Head shall have the tight to deny any request. While every effort will be made to accomodate all requests, adequate staffing shall be maintained in all departments at all times.
Police Officer Vacation Requests received prior to February 28th of a calendar year will be awared based on Seniority or Rank. Requests made after February 28th of a calendar year will be awared on a First Come, First Served Basis.
Requests for the following year may be submitted no earlier than December 1st of the current year.
Vacation Pay will not count toward the calculation of overtime pay for Non-Exempt employees.
Vacation Pay will count towards the calculation of overtime pay for Non-Exempt Utility Department Workers that are scheduled On-Call on the Saturday or Sunday of a holiday week.
Should a Town Employee have a scheduled vacation get cancelled due to a Town emergency during the month of December, they will be allowed to carry over the cancelled vacation hours into January of the following calendary eyar. Cancellation of an employees scheduled vacation must be approved by the Department Head and their Town Council Liaison.

Section VII. Holidays.

The Town of Lapel recognizes Holidays as outlined in Exhibit D of this ordinance.
All full-time Non-Exempt Town employees are eligible to receive eight (8) hours holiday pay in addition to time and one half pay as outlined in Section V of this ordinance if scheduled to work on the holiday.
Police Officers when scheduled for twelve (12) hour shifts shall receive 12 hours of holiday pay.
Police Officers when scheduled for ten (10) hour shifts shall receive 10 hours of holiday pay.
Police Officers when scheduled for eight (8) hour shifts shall receive 8 hours of holiday pay.
All Non-Exempt town employees must work the scheduled day before, day of if scheduled, and the scheduled day after the holiday to be eligible to receive holiday pay.
Holiday Pay will not count toward the calculation of overtime pay for Non-Exempt Police Officers or Non-Exempt Town Hall Personnel.
Holiday Pay will count towards the calculation of overtime pay for Non-Exempt Utility Department Workers that are scheduled On-Call on the Saturday or Sunday of a holiday week.
Exempt Town Employees are entitled to a scheduled day off in lieu of Holiday pay during the week of the actual holiday.

Section VIII. Sick/Personal Leave:

All full-time Non-Exempt employees shall be credited with sixty-four (64) sick/personal leave hours on the first payroll period of the year. Exempt employees shall be credited with 8 days sick/personal leave.
New hires will be prorated after 90 days for the number of months left in the year.
If paid leave is to be used as a personal absence, twenty-four (24) hours notice is to be given to the Department Head except in verifiable emergency situations. Failure to give proper notice constitutes an unpaid, unexcused absence. Department Heads must submit notice to their Town Council Liaison.
Sick/Personal Leave does not expire. Employees may accumulate up to 200 hours of sick/personal leave before a calendar year ends. If the employee has over 200 hours before the final pay period of the calendar year, their balance will be set to 200 before receive their yearly credit of sixty-four (64) hours on the first pay period of the new calendar year. *Effective January 1, 2023.
Sixty-four hours of Sick/Personal leave is eligible to be paid out upon voluntary termination.
Unused Sick/Personal Leave will not be paid out upon involuntary termination.
Pre-approved use of personal time is limited to three (3) consecutive days.
If an employee has used all of their available vacation pay, they may use Sick/Personal time for time off of greater than 3 days.
Illness in excess of three (3) consecutive workdays may require a written statement from a physician prior to returning to work at the discretion of the Department Head.
Illness in excess of seven (7) consecutive workdays will require an FMLA Approved Leave of Absence.
For any sick leave absence, the employee must call his/her Department Head or the Town Hally by 7:30am or the absence will be considered unexcused, and the employee will not be paid for said absence. Exceptions may be made for verifiable emergency situations. Each day requires a separate call.
Police Officers must contact the Chief of Police no less than 8 hours prior to their scheduled shift. Exceptions may be made for verifiable emergency situations. Each day requires a separate call.
Sick/Personal Leave will not count toward the calculation of overtime pay.
Sick/Personal Leave will count towards the calculation of overtime pay for Non-Exempt Utility Department Workers that are scheduled On-Call on the Saturday or Sunday of a holiday week when the personal day was scheduled off in advance and approved by the department head.

Section IX. Insurance Benefits:

Full-Time employees are eligible for medical, life and vision insurance at no cost to the employee.
Eligible Full-Time employees shall pay 100% of the medical premium for dependents if desired.
Optional Dental insurance is available to all full-time employees. Employees will pay 50% of the dental insurance premium.
Only employees covered by another group health carrier are permitted to waive coverage.
Employees are required to complete the appropriate form to waive their election and must provide verification of coverage from another provider.
Elected Officials and Part-Time employees are eligible to purchase insurance at 100% of the medical premium cost if desired.

Section X. Bereavement:

All employees shall be permitted a maximum of three (3) paid bereavement days per occurrence for the purpose of arranging and attending a funeral of a spouse, child, stepchild, parent, stepparent, mother-in-law, father-in-law, brother, sister or immediate aunt, uncle, or grandparent.

Section XI. Utility Department On-Call Compensation:

Any Non-Exempt Employee called back to work, either by the answering service or the on-call employee, will receive a minimum of two (2) hours of compensation at one and one-half times their straight time rate.
Compensation will be the greater of two (2) hours or actual time worked. Additional calls during the initial two-hour time period or the extended period of actual work will be compensated as additional actual time worked. Example 1: If an employee is scheduled to leave work at 3:30pm, and they have not yet left for the day and receive an afterhours call out at 4:30pm, they would not be eligible to receive On-Call Compensation as they are already on the clock. Example 2: If an employee receives an after hours call out at 6:00pm, their 2 hours of On Call Compensation would be for any call outs that occur between 6:00pm and 8:00pm. Example 3: If an employee has been called out after hours as described in Example 2 and receives another after hours call out at 7:50pm, they would be compensated for actual time worked. If they receive an after hours call out at 8:10pm, this will begin a new 2 hours of On Call Compensation.
On Call Compensation will begin at the time the Employee is contacted by the Call Center, for calls that require the employee to physically return to work.
Non-Exempt Utility Department Employees that receive after hours phone calls for town related business shall be compensated a minimum of 15 minutes, and up to the actual length of the phone call, at a time and one-half for calls that do not require the employee to physically return to work. If an employee is already in a 2 hour On-Call Compensation from a previous call, they will not receive additional compensation for these calls. The employee must document the beginning and ending time of the call, who the call was with, the subject of the call. This must be turned in daily to the Accounts Payable Clerk.
The written records of the answering service will be used as documentation of the events.
Department Heads will be required to complete an on-call schedule no less than 1 month in advance.
On Call Schedule can be adjusted once posted to cover for illness, leave or termination. If a schedule change is needed outside of these reasons, employees may swap shifts with Department Head Approval.

Section XII. Employment of New Personnel:

Town Council approval is required for all newly created postions.
All approved positions shall be filled according to the procedure outlined in the Employee handbook.
The Department Head and Town Council Liaison shall set the salary or wages within the position ranges specified in this ordinance.
New Hires or Lateral Transfers with experience may be hired at no higher than the 25th percentile of the established pay range for that position. Requests to hire at a pay rate greater than the 25th percentile must be approved by the Lapel Town Council.
The Department Head and Town Council Liaison may offer New Hires or Lateral Transfers with experience one (1) additional week of vacation beyond that which a new hire is entitled to in their first year of employment. This is outlined in Exhibit C of this Ordinance.
Deputy Clerk-Treasurers and Accounts Payable Clerks are Employed by and Serve at the pleasure of the Clerk-Treasurer. The Clerk-Treasurer has the authority to Hire and Fire these positions without approval of the Lapel Town Council.

Section XIII. Employee and Elected Officials Compensation.

All Town Employees and Elected Officials weekly/monthly or hourly compensation shall be approved by the Town Council of the Town of Lapel.
Compensation will be established in accordance with Exhibit E of this ordinance.

This Ordinance shall become effective on the 15th day of September 2022.

See attached file for more information.

Further Information

9-2022
Date Passed: 9/15/2022

CH31 31 .10 - Wastewater Utility Financial Rate Study

TOWN OF LAPEL

MUNICIPAL WASTEWATER UTILITY

FINANCIAL RATE STUDY

See attached document for all information.

Further Information

10-2022
Date Passed: 9/15/2022

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