BOW Reviews Two Itinerant Merchant Fee Reduction Requests

September 5, 2020 at 1:20 a.m.

By Teresa [email protected]

City Senior Planner Justin Taylor presented two requests for itinerant merchant fee reductions to the Warsaw Board of Works Friday.

The fees were established years ago when out-of-state merchants set up in direct competition with long-established businesses.

Taylor noted that anyone can request the Board of Works review the fees.

In a letter, Tim and Christina Bohlander, of Cosmo Corp., doing business as Poor Jack Amusements, requested leniency because of county fair shutdowns during this  year’s pandemic. They wanted a fee reduction of $700, to pay $300, the same amount as in-county vendors, for two pop-up stands.

They would sell fast food at 104 E. Winona Ave., at the southwest corner of Buffalo and Winona streets. The property is owned by Brent Reed, who operates Fire In The Hole Pizza.

Poor Jack Amusements is an in-state company.

The second request came from Drink Factory, a company based in Florida. Owners John and Kelly Spaulding wrote they have been hard hit by the cancellation of fairs and festivals, too.

The Spauldings have been invited to set up at 104 E. Winona Ave. by Reed, too. They asked for the $300 in-county rate, too, instead of paying the out-of-state fee of $3,000.

Both merchants intend to set up shop until Dec. 31.

Mayor Joe Thallemer noted the full fee is charged regardless of the time of year a permit is requested.

City Councilman Jeff Grose said he was reluctant to budge from the fee schedule.

“I think we need to be very careful to prorate this out of respect to the people who have invested in the community,” he said.

Board member George Clemens said he didn’t want to set themselves up for complaints but recognized the pandemic has affected everyone.

Fees were noted as $50 for city residents; $150 for in-county residents; $500 for in-state residents and $1,500 for out-of-state vendors.

Thallemer said whatever the board decided, he wanted it to be related to hardships brought about by the pandemic and only until the end of this  year.

The board approved a reduction in fees for Poor Jacks Amusements to $500, a 50% decrease. The Drink Factory request to reduce fees was unanimously denied.

The board also said if other vendors have paid fees or want to set up a stand, they could come before the board with a fee reduction request on a case-by-case basis.

To start Friday’s meeting, the Board approved a closure on Canal Street for the 19th annual 9/11 Remembrance Program.

The Sept. 11 event is 6:30 to 8:30 p.m. The road closure is from 5:30 to 9:30 p.m.

Parks Department Recreation Director Sheila Wieringa presented a $750 contract to have Quinten Flagg return to the Lucerne Park Ampitheater Sept. 11.

She said Flagg’s August concert started and was stopped by the weather. Several people have asked that he come back for a full concert.

The board also approved:

• Troyer Group’s pay application, No. 16, for $5,212.57 for preliminary engineering services on the Lincoln neighborhood sidewalk project. The state is funding 80% of the project.

• Two Structurepoint preliminary engineering bills, No. 12 for $3,912.48 and No. 13 for  $2,137.58, for the Anchorage Road project.

The state also will fund 80% of this project.

• An invoice of $308,720.67 from Phend & Brown for the reconstruction of Lincoln Drive and Johnson street, as presented by Street Superintendent Dustin Dillon.

• A change order, No. 5, from Kokosing Industrial for $108,355.21 for several modifications and adding  21 calendar days to complete the work and 10 calendar days to make up for weather delays.

The work includes adding a digester overflow pump station check valve to prevent backflow if the system is shutdown; a 1-foot extension to the grit tank weir wall; a modification to the 24-inch influent line at clarifier 2; adding an air pipe expansion joint; a modification to the boiler piping so it doesn’t conflict with the control panel; and the rewiring of the LobePro cooling fans.

City Planner Jeremy Skinner noted that Wessler Engineering is overseeing all the changes, which, to him, seemed standard. Because the request was dated May 28, Thallemer assumed the work was done.

He asked the item be kept on the agenda and reviewed again at the next meeting as wastewater utility supervisor Brian Davison did not attend the meeting.

• A reduction in cost and final payment to Layne Inline for the sewer rehabilitation project. The reduction was for $18,142.58 and the final payment, No. 17, was $400,609.

• Brent Fifer’s trip to Snyder, Neb., to inspect the new rescue engine for the Warsaw-Wayne Fire Territory was approved. Thallemer noted all out-of-state travel has been curtailed, but he made an exception in this case as an in-person inspection was required.

The board also approved the following wage changes: Danny Risner, wastewater treatment plant pretreatment coordinator, to $26 per hour; Warsaw police officer Clay Layne, a promotion to captain, $2,773.12 bi-weekly; and Colin Iden, part-time firefighter with an EMT certification, $15 per hour and Damian Pass permission to take home a vehicle.

City Senior Planner Justin Taylor presented two requests for itinerant merchant fee reductions to the Warsaw Board of Works Friday.

The fees were established years ago when out-of-state merchants set up in direct competition with long-established businesses.

Taylor noted that anyone can request the Board of Works review the fees.

In a letter, Tim and Christina Bohlander, of Cosmo Corp., doing business as Poor Jack Amusements, requested leniency because of county fair shutdowns during this  year’s pandemic. They wanted a fee reduction of $700, to pay $300, the same amount as in-county vendors, for two pop-up stands.

They would sell fast food at 104 E. Winona Ave., at the southwest corner of Buffalo and Winona streets. The property is owned by Brent Reed, who operates Fire In The Hole Pizza.

Poor Jack Amusements is an in-state company.

The second request came from Drink Factory, a company based in Florida. Owners John and Kelly Spaulding wrote they have been hard hit by the cancellation of fairs and festivals, too.

The Spauldings have been invited to set up at 104 E. Winona Ave. by Reed, too. They asked for the $300 in-county rate, too, instead of paying the out-of-state fee of $3,000.

Both merchants intend to set up shop until Dec. 31.

Mayor Joe Thallemer noted the full fee is charged regardless of the time of year a permit is requested.

City Councilman Jeff Grose said he was reluctant to budge from the fee schedule.

“I think we need to be very careful to prorate this out of respect to the people who have invested in the community,” he said.

Board member George Clemens said he didn’t want to set themselves up for complaints but recognized the pandemic has affected everyone.

Fees were noted as $50 for city residents; $150 for in-county residents; $500 for in-state residents and $1,500 for out-of-state vendors.

Thallemer said whatever the board decided, he wanted it to be related to hardships brought about by the pandemic and only until the end of this  year.

The board approved a reduction in fees for Poor Jacks Amusements to $500, a 50% decrease. The Drink Factory request to reduce fees was unanimously denied.

The board also said if other vendors have paid fees or want to set up a stand, they could come before the board with a fee reduction request on a case-by-case basis.

To start Friday’s meeting, the Board approved a closure on Canal Street for the 19th annual 9/11 Remembrance Program.

The Sept. 11 event is 6:30 to 8:30 p.m. The road closure is from 5:30 to 9:30 p.m.

Parks Department Recreation Director Sheila Wieringa presented a $750 contract to have Quinten Flagg return to the Lucerne Park Ampitheater Sept. 11.

She said Flagg’s August concert started and was stopped by the weather. Several people have asked that he come back for a full concert.

The board also approved:

• Troyer Group’s pay application, No. 16, for $5,212.57 for preliminary engineering services on the Lincoln neighborhood sidewalk project. The state is funding 80% of the project.

• Two Structurepoint preliminary engineering bills, No. 12 for $3,912.48 and No. 13 for  $2,137.58, for the Anchorage Road project.

The state also will fund 80% of this project.

• An invoice of $308,720.67 from Phend & Brown for the reconstruction of Lincoln Drive and Johnson street, as presented by Street Superintendent Dustin Dillon.

• A change order, No. 5, from Kokosing Industrial for $108,355.21 for several modifications and adding  21 calendar days to complete the work and 10 calendar days to make up for weather delays.

The work includes adding a digester overflow pump station check valve to prevent backflow if the system is shutdown; a 1-foot extension to the grit tank weir wall; a modification to the 24-inch influent line at clarifier 2; adding an air pipe expansion joint; a modification to the boiler piping so it doesn’t conflict with the control panel; and the rewiring of the LobePro cooling fans.

City Planner Jeremy Skinner noted that Wessler Engineering is overseeing all the changes, which, to him, seemed standard. Because the request was dated May 28, Thallemer assumed the work was done.

He asked the item be kept on the agenda and reviewed again at the next meeting as wastewater utility supervisor Brian Davison did not attend the meeting.

• A reduction in cost and final payment to Layne Inline for the sewer rehabilitation project. The reduction was for $18,142.58 and the final payment, No. 17, was $400,609.

• Brent Fifer’s trip to Snyder, Neb., to inspect the new rescue engine for the Warsaw-Wayne Fire Territory was approved. Thallemer noted all out-of-state travel has been curtailed, but he made an exception in this case as an in-person inspection was required.

The board also approved the following wage changes: Danny Risner, wastewater treatment plant pretreatment coordinator, to $26 per hour; Warsaw police officer Clay Layne, a promotion to captain, $2,773.12 bi-weekly; and Colin Iden, part-time firefighter with an EMT certification, $15 per hour and Damian Pass permission to take home a vehicle.
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