November 2,2023 Town Council Regular Meeting

NOVEMBER 2, 2023 TOWN COUNCIL REGULAR MEETING Thursday, November 02, 2023 at 7:00 PM Council Chambers – Bristol Municipal Complex and Via Zoom MINUTES This meeting can be accessed via Zoom. Virtual attendance for the public is encouraged however, the Bristol Municipal Complex is open for in-person participation. JOIN ZOOM MEETING https://us02web.zoom.us/j/2011667863?pwd=ZkJGK2ZMcTZGNHBCaW9adUgvdUtYZz09 Dial in to 312-626-6799 / Meeting ID: 201 166 7863 /Passcode: 1czEDo Call in any time after 6:30 / meeting will begin at 7:00PM MEETING CALLED TO ORDER by Council President Jeff Beachy at 7:00pm. PLEDGE OF ALLEGIANCE was led by Chris Stager. ROLL CALL: Council members present: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy Others Present: Town Attorney Alex Bowmen, Clerk-Treasurer Cathy Antonelli, Town Manager Mike Yoder, Fire Chief Nik Kantz APPROVAL OF AGENDA - stands as published APPROVAL OF INVOICES  Motion to approve the invoices made by Andrew Medford, Seconded by Doug DeSmith. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. PRIVILEGE OF THE FLOOR (AKA Public Comment) Linda Powell 223? Vistula St – gave a public thank you to everyone who helped with the Truck and Treat event. APPROVAL OF MINUTES  Motion made to approve the October 17, 2023 minutes by Cathy Burke, Seconded by Gregg Tuholski. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. PLANNING AND DEVELOPMENT ITEMS Chris Stager of the Elkhart County EDC, located at 300 Nibco Parkway introduced and reviewed the LT Aluminum LLC tax phase-in request. Declaratory Resolution No. 11-2-2023-24 for personal and real property tax abatement. Council discussion resulted in an amendment for a 5-year abatement on both real and personal property at 20% each year.  Motion to approve the Declaratory Resolution No. 11/2/2023-24 Real 5-year and Personal Property 5-year tax abatement for LT Aluminum LLC made by Jeff Beachy, Seconded by Andrew Medford. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. REPORTS: TOWN MANAGER Mike Yoder Matt Meersman, Director of SJRBC (St. Joseph River Basin Commission) to request using Town's Monsanto settlement funds for a river project. The Town was awarded $17,414.03 in April, 2023 as part of a class action lawsuit because of water bodies impaired by EPA due to PCB (polychlorinated contamination. The funds can be used at Councils discretion, but the ask is to reimburse the SJRBC for equipment installation and field measurements at selected monitoring sites. (approximately $10K for one site-considering monitoring at the little Elkhart River, possibly near Bonneyville Mill, away from the St. Joseph River) No Council opposition to considering the proposal. Council will look into it and make a decision in the next few meetings. 5-year comprehensive financial plan review with Amber Neilson of Baker Tilly Paige Sansone from Baker Tilly stood in for Amber via Zoom and reviewed the long-term financial plan for the Town. CCMG 2023-1 change order #2 reduction $41,487.75 Maple St/Depot St project  Motion to approve Change Order no. 2 made by Andrew Medford, Seconded by Doug DeSmith.Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. Fire Territory preliminary timetable, included in the packet for all to review. No questions for Paige Sansone. CLERK-TREASURER Cathy Antonelli Request to Amend Salary Ordinance Amend Salary Ordinance No. 11-02-2023-27 to increase the wage of $25.50 to $26.25 for Derrick DeGraw, per his offer of employment. This increase will be considered his 2024 wage rate increase.  Motion to suspend the rules and Amend Salary Ordinance No. 11/2/2023-27 in one reading with a unanimous decision made by Andrew Medford, Seconded by Gregg Tuholski. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. Request permission to create Ordinance No. 11/2/2023-28 creating a JAG Fund Cathy Burke makes the motion to approve Ordinance No. 11/2/2023-28 creating a JAG fund;seconded by Doug DeSmith./Open for Discussion: Alex noted that the first paragraph should be amended to read ‘designated for the purchase of’ and that the Fund is to reflect the numeration of the SBOA.  Cathy Burke amends her motion to reflect the changes that Alex noted above in creating Ordinance No. 11/2/2023-28 and also to suspend the rules and adopt on first reading;Seconded by Doug DeSmith. Voting Yea: Doug DeSmith, Andrew  Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries unanimously. TOWN ATTORNEY Alex Bowman Resolution 11-2-2023-25 approving Fiscal plan for voluntary annexation HTIW finalization of phase one HTIW fiscal plan adoption. Town Attorney recommends adoption.  Motion to approve Resolution 11/2/2023-25 made by Andrew Medford, Seconded by Gregg Tuholski. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. Final Reading of Ordinance 11-2-2023-26 annexation of HTIW Properties LLC. Town Attorney recommends adoption.  Motion to approve the final reading of Ordinance 11/2/2023-26 made by Gregg Tuholski, Seconded by Andrew Medford. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. Final Reading of Ordinance 11/2/2023-24 Amending Chapter 51 Authorizing a New Water Utility Rate for Certain Sprinkler System Services. Council President Jeff Beachy opened a public hearing to take comment on Ordinance No. 11/2/2023-24. Hearing no public comment, the hearing was closed.  Motion to approve final reading of Ordinance No. 11/2/2023-24 made by Andrew Medford. Voting Yea: Doug DeSmith, Andrew Medford, Cathy Burke, Gregg Tuholski, Jeff Beachy. Motion carries. NEW BUSINESS – none this evening. UNFINISHED BUSINESS – none this evening. TOWN COUNCIL DISCUSSION ITEMS Doug DeSmith -no items this evening. Andrew Medford -Thanked Jill for her tremendous job on spreading the word and getting votes in surrounding Bristol’s corn dog grant as a top contender! Andrew drove down to Anderson, Indiana to accept the award that Bristol won. Cathy Burke – no items this evening. Gregg Tuholski – no items this evening. Jeff Beachy – no items this evening. NEXT MEETINGS: November 14 work session: Topics to include business route update/discussion, utility infrastructure system development fund MOTION TO ADJOURN made by Andrew Medford;seconded by Cathy Burke. Meeting adjourned at 8:28pm _________________________ ___________________________ Jeff Beachy, Council President Cathy Antonelli, Clerk-Treasurer