NAPPANEE — An ordinance that would have allowed city employees to enforce a county COVID-19 control ordinance imposing fines on businesses was withdrawn before it could be voted on Monday.

More than two dozen people turned out either in person (exceeding the limit so some waited in the hall) or virtually at Monday’s Nappanee City Council meeting as word spread over the weekend that a fine-based ordinance would be voted on, but Mayor Phil Jenkins pulled the ordinance from the agenda earlier that day.

Mayor Jenkins joined the mayors of Goshen and Elkhart to support the county health department’s additional COVID mitigation directives that called for imposing fines on businesses for non-compliance, but comments on the city’s Facebook page were overwhelmingly critical.

The city councils of Goshen and Elkhart passed their versions of the ordinance Monday night.

Jenkins sent out a press release earlier Monday stating he was removing the ordinance from the agenda to allow more time to review it with business owners, “and properly balance our responsibility to public health and our role in government.”

The press release also stated, “We can all agree COVID has driven a wedge between all of us. This is no time to assign blame, tear each other down or continue the division. We need understanding and compassion in order to work through this present health crisis.”

“That means laying aside some of our rights for the greater good of the community. That means humbly admitting we don’t have all the answers,” the mayor’s statement continued. “Nappanee has overcome challenges before and I am convinced that we can do it again. I hope we can remain civil and work collectively on a path forward for our community.”

Jenkins started the meeting saying even though he removed the ordinance from the agenda some people still wanted to speak, so the council would allow it.

Matt Myers, who along with his wife has owned Vintage Haus the last two years, said while they’re not residents they opened the business in Nappanee because “we recognized the quality of the town.” He said his business is built by half of the community “outside of the English community” and said the Amish community supports 50% of everyone’s business in Nappanee. He said he doesn’t want to offend them by saying they can’t come into his business because of their feelings (on masks) when they’re a large part of the reason why people come to Nappanee. He said the idea of that is offensive to him.

Myers said he’s spoken to leaders of the Amish community and his customers and they’ve told him if masks are required, they won’t come. He said he was told in 2007 (the year of the tornado) everyone came together and the town was united.

“It’s a divided town now,” he said and told the council as leaders “You should know how to not divide, but to unite.”

Myers told the council that a round-table discussion with business owners should have been held prior to this ordinance coming about and said his business would be “driven into the ground” if the ordinance was enacted.

Jake Beer, a lifetime resident and new owner of Miller’s Orchard also spoke.

“What I’ve seen happen with COVID is lifetime friends torn apart, husbands and wives torn apart, churches torn apart — all because we all think we know everything,” he said.

Beer said everyone needed to respect the law of the land and be respectful of one another but said he felt things are going backwards.

“We overwhelmingly do not support this — as a business owner in Nappanee we don’t want to see punishment and fines.”

Earl Mullett spoke as a “citizen of Nappanee for five-six years.” He claimed masks and lockdowns don’t help and that COVID is not as deadly as we were told. He claimed that COVID 19 victims have a 99.7% chance of survival.

“If masks are required, I’ll take my business elsewhere. I don’t have to shop in town. I’ll go other places or shop online,” he said.

He told the business owners his heart goes out to them and told the council if the ordinance comes up again, they should “vote it down.”

Jenkins told those present he appreciated their comments and said they’re taking more time to review it and talk to business owners and said he’d give advance notice when it’ll be on the agenda. Jake Beer asked if there will be an opportunity to be in a room together and give input and Jenkins said they were working on that.

Jenkins was asked after the meeting if he wanted to comment further on pulling the ordinance from the agenda and what the plan would be to get COVID under control if they don’t pass the ordinance. Jenkins said he’d stand by the press release for now but may have more information later.

TAX PHASE-IN APPROVED

The first step in giving a tax abatement for InTech Trailers was approved by the council 4-0 with Council Member David Kauffman abstaining.

Chamber of Commerce and Economic Development Director Jeff Kitson presented the request to the council and explained the declaratory resolution. He said InTech Trailers plans to expand on the property at C.R. 52 between C.R. 3 and Tomahawk Trail on the west end of town that the council voted to annex into the city limits a few months ago.

He said LFM is the property owner and InTech will be leasing the land from them.

“This is their third expansion in Nappanee,” Kitson said.

They plan to build a new manufacturing facility on C.R. 52, adding 111 new jobs over the next three years with an average annual salary of $72,000. The company currently has 148 employees. Kitson said they’re investing $2.9 million in one building and $13 million in another building and more than $3 million in equipment. He said when a company like InTech comes and wants to expand in Nappanee “it’s like a homerun to me.”

The company is seeking a 10-year abatement on real estate and five year abatement on personal property. Council members had questions about when they will start construction on phase I and phase II.

The president of InTech Trailers, Adam Maxwell was also present virtually and said they plan to start construction on phase I after the first of the year and hope to start adding jobs in the spring with a possible move-in date of September. The second phase would start before 2024. He said the Elkhart County Development Corp. recommended they put both phases together to make it easier for city officials and also to show a commitment on his part. The mayor said the next step after passing the declaratory resolution was to pass a confirming resolution.

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