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Town Council Meeting Minutes 2006

Meeting Minutes

01-19-2006 Town Council

January 19, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:01 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; Tim Kuiper for David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present was John Mainwaring, Code Enforcement Officer.

Old Business –

None

New Business

Resolution #06-01-19A, a resolution declaring un-collectible accounts as “bad debt” for the last half of 2005 –
Mr. Pearson motioned to adopt Resolution #06-01-19A. Seconded by Mr. Barenie. Motion passed with four yeas and one abstention by Ms. Teibel.
Appointments to the Common Construction Wage Determination Board -
Mr. Barenie motioned to appoint Mr. Ken Schneider to represent the Building and Industry and Mrs. Teri Wilson as a citizen member. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1411, an ordinance amending Master Traffic Ordinance #511 –
Mr. Pearson motioned to consider Ordinance #1411 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1411. Seconded by Ms. Teibel. Motion unanimously passed.

Consider donation to the St. John Volunteer Fire Department in the amount of Six Thousand Dollars ($6,000.00) –
Mr. Kil explained that these funds would enable the Fire Department to purchase the extra supplies that are needed for the temporary quarters at the Public Works Facility. Mr. Barenie motioned to approve the donation to the St. John Volunteer Fire Department in the amount of Six Thousand Dollars ($6,000.00). Seconded by Mr. Pearson. Motion unanimously passed.
Consider proclamation declaring the month of April Child Abuse and Neglect Prevention Month –
Ms. Teibel read the proclamation. Ms. Teibel motioned to proclaim April 2006 as Child Abuse and Neglect Prevention Month. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff –
Mr. Kil reported that the building progress was moving forward at a good pace with the anticipation of the temporary quarters ready by mid March.

Mr. Mainwaring stated that the pump at J.J.’s has been replaced with a new one.

Public Comment –

None

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Pearson. Motion unanimously passed. Meeting adjourned at 7:07 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

01-26-2006 Town Council

January 26, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Bob Pharazyn, Public Works Director; Chip Sobek, Park Superintendent and John W Mainwaring, Code Enforcement Officer. Absent were Charles Pearson, Member and Fire Chief Willman.

Mr. Fryzel stated that on behalf of the Town Council, they wanted to extend their thoughts and prayers to Mr. Pearson and his family on the death of Mr. Pearson’s mother.

Presentation: Officer Richard Keith Kouder – 30 Years of Service –

Ms. Teibel read the inscription on the plaque and along with Chief Frego it was presented to Officer Kouder for his dedicated years of service. Officer Kouder thanked the Town and complimented the Police Commission. Mr. Dodaro and Mr. Fryzel also expressed their appreciation to Mr. Kouder.

Approval of the minutes: December 15, 2005 Regular Meeting, December 22, 2005 Regular Meeting and December 29, 2005 Special Meeting minutes –

Ms. Teibel motioned to approve the minutes as read. Seconded by Mr. Barenie. Motion unanimously passed.

Old Business –

None

New Business

Consider Knights of Columbus request to solicit donations at 93rd and U.S. 41 intersection for annual Tootsie Roll Day –
Ms. Teibel motioned to approve Tootsie Roll Day on May 6th to be conducted at the intersection of 93rd Avenue and U.S. 41. Seconded by Mr. Barenie. Motion unanimously passed.
Proclamation for the Girl Scouts of the Calumet Council for their 94th anniversary celebration –
Deferred until February 16, 2006 meeting.
Consider Contractual Agreement with the St. John Volunteer Fire Department and approve Official Roster –
Ms. Teibel motioned to approve the agreement and roster as submitted and to authorize the Town Council President to execute same. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Contractual Agreement with the St. John Township Trustee’s Office for fire service –
Ms. Teibel motioned to approve the agreement for the calendar year of 2006 and to authorize the Town Council President to execute the agreement. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Contractual Agreement with the Lake Hills Volunteer Fire Department for dispatching service –
Mr. Barenie motioned to approve the agreement for the calendar year of 2006 and to authorize the Town Council President to execute the agreement. Seconded by Ms. Teibel. Motion unanimously passed.
Consider extension of the Letter of Credit for Renaissance – Unit 1 in the amount of $111,095.35 –
Mr. Barenie motioned to approve the Letter of Credit in the amount of $111,095.35. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1408, an ordinance pertaining to the schedule of rates and charges for the Department of Waterworks –
Ms. Teibel motioned to consider Ordinance #1408 on first reading only and to authorize a Public Hearing for the date of February 23rd. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
Ms. Sury requested a motion to allow payment for invoices the office just recently received that were dated December of 2005, from Hoover’s Nursery in the amount of $5,089.00.

Ms. Teibel motioned to approve the payment of $5,089.00 to Hoover’s Nursery. Seconded by Mr. Barenie. Motion unanimously passed.

Staff –
None

Payment of Bills for the Corporation APV’s

#7000 – 7215 in the amount of $870,612.09 – Ms. Teibel motioned to approve vouchers #7000 - #7215 in the amount of $870,612.09 for the Corporation. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment –

None

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed. Meeting adjourned at 7:15 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

02-16-2006 Town Council

February 16, 2006 Town Council Meeting Minutes

The Girl Scout Troop opened the meeting with a Flag Ceremony. Ms. Teibel read the Proclamation for the Girl Scouts of the Calumet Council in recognition of their 94th Anniversary Celebration. Ms. Teibel motioned to proclaim to the week of March 12 through March 18, 2006, as Girl Scout Week and to make March 12, 2006 as Girl Scout Day in the Town of St. John. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Fryzel called the meeting to order at 7:00 p.m. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Bob Pharazyn, Public Works Director; and John Mainwaring, Code Enforcement Officer.

Public Hearing

Resolution #06-02-16, additional appropriation in connection with projects of the St. John Building Corporation –
Mr. Austgen stated that the Proofs of Publication for the Times and Post were in evidence, published in a timely fashion and the requirements of law have been met. Mr. Kil referenced this resolution, the resolution approved by the Building Corporation with a vote of 3 to 0, and recommended passage of this resolution as presented.

Public Comment – None

Mr. Barenie motioned to adopt Resolution #06-02-16. Seconded by Ms. Teibel. Motion passed with four yeas and one nay by Mr. Volk.

Old Business –

None

New Business

Mr. Kil reported that he has reviewed all the CF-1 Forms presented, they are in order and filled out correctly.
Consider annual CF-1 Form for Crown Ridge LLC (Buchanan) – 10800 Joliet Street –
Mr. Pearson motioned to accept CF-1 Form as presented and to authorize the Town Council President to sign. Seconded by Ms. Teibel. Motion unanimously passed.
Consider annual CF-1 Form for JL Shandy Transportation – 10115 Ravenwood Drive –
Ms. Teibel motioned to accept CF-1 Form as presented and to authorize the Town Council President to sign. Seconded by Mr. Pearson. Motion unanimously passed.
Consider annual CF-1 Form for Rassel & Associates – 9620 Industrial Drive –
Mr. Pearson motioned to accept CF-1 Form as presented and to authorize the Town Council President to sign. Seconded by Ms. Teibel. Motion unanimously passed.
Consider annual CF-1 Form for Meyers Development – development at 8400 Wicker Avenue –
Mr. Barenie motioned to accept CF-1 Form as presented and to authorize the Town Council President to sign. Seconded by Ms. Teibel. Motion unanimously passed.
Consider annual CF-1 Form for Perm Machine Industries – 9660 Industrial Drive –
Mr. Pearson motioned to accept CF-1 Form as presented and to authorize the Town Council President to sign. Seconded by Mr. Barenie. Motion unanimously passed.
Consider annual CF-1 Form for Mize Warehousing – 10047 Ravenwood Drive –
Ms. Teibel motioned to accept CF-1 Form as presented and to authorize the Town Council President to sign. Seconded by Mr. Barenie. Motion unanimously passed.
Consider annual CF-1 Form for St. John Professional Center (Lunn) – 10200 Wicker Avenue –
Mr. Barenie motioned to accept CF-1 Form as presented and to authorize the Town Council President to sign. Seconded by Mr. Pearson. Motion unanimously passed.
Consider annual CF-1 Form for Schild L.L.C. – 10067 Ravenwood Drive –
Mr. Pearson motioned to accept CF-1 Form as presented and to authorize the Town Council President to sign. Seconded by Ms. Teibel. Motion unanimously passed.
Consider annual donation to the Quad Town Safety Village –
Mr. Volk questioned the participation of the four towns (Dyer, Schererville, St. John and Highland) involved in the project along with their donations. Discussion ensued. Mr. Kil provided an overview of the project and it was noted that St. John was one of the initiators of this entity formation. Ms. Teibel motioned to approve the $2,000 annual donation to the Quad Town Safety Village. Seconded by Mr. Pearson. Motion passed with four yeas and one nay by Mr. Volk.
Consider Street-Sweeping Agreement with Indiana Department of Transportation (INDOT) –
Ms. Sury provided an overview of this contract. Mr. Pearson motioned to approve the Street-Sweeping Agreement with Indiana Department of Transportation (INDOT). Seconded by Ms. Teibel. Motion unanimously passed.
Consider annual St. John Township Trustee’s Office contract for Senior Citizen Bus Service –
Ms. Teibel motioned to approve a $1,500 annual donation to the St. John Township Trustee’s Office for the Senior Citizen Bus Service. Seconded by Mr. Pearson. Motion unanimously passed.
Consider release of Letter of Credit for Dunkin Donuts in the amount of $12,500.00 –
Mr. Barenie motioned to approve the release of credit in the amount of $12,500.00. Seconded by Mr. Pearson. Motion unanimously passed.
Consider Ordinance #1420, re-zone of Silver Leaf Subdivision from R-1 Single Family Residential to Residential P.U.D. –
Mr. Kil stated that the agreement has been changed based on the recommendations of the Plan Commission and stated that these changes are included in the zoning commitment that was presented to the Council for consideration. He referenced the changes for clarification purposes. Discussion ensued. Mr. Barenie motioned to adopt Ordinance #1420. Seconded by Mr. Pearson. Motion passed with four yeas and one nay by Mr. Volk.

Reports & Correspondence

Town Council –
Mr. Volk stated that Mr. Faberbock looked at the drainage problem at Sierra Point and submitted a report. Mr. Pharazyn is getting prices for corrective action and will have the information for the meeting next week.

Ms. Teibel reported on the Youth Meeting and the selection process of the students that is scheduled for April 27th.

Mr. Pearson expressed his appreciation to the Town Council and Town employees for all their kind words and thoughts with the passing of his mother.

Mr. Fryzel stated that the town offices would be moving on March 1st, 2nd and 3rd to the new Public Works Building for the renovations on the municipal building. The offices will be closed on Friday, March 3rd, 2006.

Mr. Fryzel read a letter that was sent to the residents regarding the town water supply, Exhibit B, and referenced the general information letter regarding the renovations to the existing Town Hall, Exhibit A.

Clerk-Treasurer –
Ms. Sury asked permission to use the Public Works Building, 1st bay, east side for the Primary Election on May 2nd. Permission was granted with the stipulation that an area will be designated and marked off where vehicles can park and if any vehicles are parked in the way of any emergency vehicles, they will be towed away.
Staff –
None

Public Comment

Pete Monix, 9364 Belmont - stated that this afternoon there was a tornado heading towards St. John and the warning sirens were not hooked up. Mr. Fryzel stated that the sirens would be hooked up tomorrow and that Mr. Pharazyn will look into the warning system.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed. Meeting adjourned at 7:30 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

02-23-2006 Town Council

February 23, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; Bob Pharazyn, Public Works Director; Chip Sobek, Park Department Director; and John Mainwaring, Code Enforcement Officer.

Approval of the minutes: January 19, 2006 Regular Meeting; January 26, 2006 Regular Meeting; and January 26, 2006 Executive Session minutes –

Ms. Teibel motioned to approve the minutes of the January 19, 2006 Regular Meeting; the January 26, 2006 Regular Meeting; and the January 26, 2006 Executive Session. Seconded by Mr. Barenie. Motion unanimously passed.

Old Business –

None

New Business

Consider agreement with the Town of Schererville regarding the emergency purchase of water –
Mr. Austgen stated that a resolution authorizing the approval and entry into this agreement needed to be adopted. Ms. Teibel motioned to adopt Resolution #06-02-23. Seconded by Mr. Barenie. Motion unanimously passed.
Consider annual CF-1 Form for Welch Partners LLLC – 9585 North Industrial Drive –
Ms. Teibel motioned to accept Form CF-1 as presented and to authorize the Town Council President to sign. Seconded by Mr. Pearson. Motion unanimously passed.
Consider annual CF-1 Form for Welch Partners LLC – 9601 North Industrial Drive –
Mr. Pearson motioned to accept Form CF-1 as presented and to authorize the Town Council President to sign. Seconded by Ms. Teibel. Motion unanimously passed.
Sierra Pointe drainage issue –
Mr. Pharazyn reported that he has received two proposals; St. John Plumbing and B & D Sewer. The project will have two parts, one for the drainage problem and the second for the retention pond. Discussion ensued. The chair will entertain a motion to authorize the amount to B & D Sewer of $21,170.00 not to exceed, for the item explained by the Public Works Director, Mr. Pharazyn. Seconded by Ms. Teibel. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff –
Mr. Kil stated that they are approaching the end of the construction process for the Public Works Building, Phase I and Phase II for the renovation for Town Hall building. Bills are being paid from the Town Construction Account and he submitted a very detailed invoice with supporting documentation to the Clerk-Treasurer’s office for payment. Mr. Kil asked the Town Council to make a simple motion to authorize the Clerk-Treasurer to make payment as submitted by the Town Manager in regards to the Municipal Complex Project. Ms. Teibel so moved. Seconded by Mr. Barenie. Motion carried.

Chief Frego asked that the Police Department be able to collect funds temporarily for accident reports, fines and other items. He stated that the walk-ins to the police station requesting such items would not have to make several trips back and forth between the Police Department and the Clerk’s office. Discussion ensued. The chair will entertain a motion that for the time the Clerk’s office will be moved to the temporary facility, that all reports and fees connected to reports that are distributed by the Police Department be collected by the Police Department as long as the State Board of Accounts guidelines and regulations are followed. So moved by Mr. Barenie. Seconded by Ms. Teibel. Motion carried.

Payment of Bills for the Corporation

(Vouchers #7216 - #7420 for $842,010.67) – Ms. Teibel motioned to approve payment of vouchers #7216 - #7420 in the amount of $842,010.67. Seconded by Mr. Pearson. Motion unanimously passed.

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed. Meeting adjourned at 7:15 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

03-16-2006 Town Council

March 16, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:02 p.m. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman, Bob Pharazyn, Public Works Director; and John Mainwaring, Code Enforcement Officer; Ken Schneider, Lagestee-Mulder; and Daniel Szany, Architect. Absent was Mark Barenie, Member.

Old Business –

None

Public Hearing

Application of the Town of St. John for Year 2006 for Community Development Block Grant Project – Mr. Austgen stated that there has been timely publication of the notice in each the Times and Post Tribune. Mr. Kil read the Opening Remarks for the CDBG Hearing.

OPENING REMARKS FOR CDBG PUBLIC HEARING

Each spring, the Lake County Community Economic Development Department applies to the U.S. Department of Housing and Urban Development (HUD) for new funding through the Community Development Block Grant program (CDBG).

One of the application requirements is to hold public hearings in the communities where CDBG funding is allocated in order to obtain input from the local citizens on the proposed use(s) of the new funding. For FY2006, the Town of St. John CDBG allocation is $29,050.00.

The most common use of CDBG funds is for infrastructure, including street reconstruction, sanitary sewers, water line extensions, storm drainage improvements, sidewalks, and projects to remove architectural barriers (handicapped access), such as curb cuts and wheel chair ramps. CDBG funds may also be used to eliminate slums and blight through demolition of unsafe buildings or other clearance activities.

CDBG funded infrastructure projects may only be done in areas where the neighborhood is as least 51% low/moderate income according to HUD guidelines. In most cases, an income survey must be done to qualify the area for funding eligibility. The income information taken by the survey is strictly confidential, and is used solely for the purpose of determining the area’s eligibility for CDBG funding.

Handicapped access projects and demolition may be done anywhere in a community, without the need for area income determinations.

The public hearing is just the start of the application process for Lake County. There are a series of legal advertisements and comment periods that take place during the summer, prior to final grant approval from HUD in late August. New CDBG funding is released to the County and its entitlement communities on or around September 1st, and needs to be expended by June 17th of the following year.

After public comment tonight, three documents need to be read and adopted: the Affirmative Action Program, Section 3 Understanding, and a Resolution authorizing the Town Executive to submit a project proposal for CDBG funding.

Finally Project Applications, and supporting documentation, need to be submitted no later than April 1st for review by Lake County.

The floor is open for comments.

Public Comment

Ms. Margo Sabato, Director of South Lake County Community Services – provided an overview of the agency that provides the public transportation for the Town of St. John and St. John Township. She thanked the council for last year’s donation of $4,000 and asked for their consideration for the same amount this year.

Floor closed to public comment

Mr. Kil requested that Section 3 Understanding, the Affirmative Action Program Implementing Section 3, the Citizen Participation Plan and the Resolution for consideration be incorporated into the minutes.

AFFIRMATIVE ACTION PROGRAM
IMPLEMENTING SECTION 3 OF THE
HOUSING AND URBAN DEVELOPMENT ACT OF 1968

SPECIFIC AFFIRMATIVE ACTION STEPS

TOWN OF ST. JOHN agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and project area businesses.

  1. To ascertain from the HUD Area Office, Director the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials of the department in preparing and implementing the affirmative action plan.
  2. To attempt to recruit from the appropriate areas the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan or the U.S. Employment Service.
  3. To maintain a list of all lower income area residents who have applied either on their own or on referral from any source and to employ such persons, if otherwise eligible and if a vacancy exists.
  4. To insert this affirmative action plan in all bid documents, and to require all bidders to submit a Section 3 affirmative action plan including utilization goals and the specific steps planned to accomplish the goals.
  5. To insure that contracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project area, are also let on a negotiated basis, where ever feasible when let in a Section 3 covered project area.
  6. To formally contact unions, subcontractors and trade associations, to secure their cooperation for this program.
  7. To insure that all appropriate project area business concerns are notified of pending contractual opportunities.
  8. To maintain records including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken.
  9. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 affirmative action plan.

_____________________________
Signature

TOWN COUNCIL PRESIDENT
Title

LAKE COUNTY, INDIANA
Section 3 Understanding

The U.S. Department of Housing and Urban Development (HUD) issued regulations that provide the directive to creative job opportunities for low income persons when HUD funds are expended on a construction project. These regulations are known as Section 3 policy. The purpose of the Section 3 policy is to ensure that the employment and other economic opportunities generated by Federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low and very low income persons.

Section 3 covered projects are construction, reconstruction, conversion, or rehabilitation of housing, including reduction and abatement of lead based paint hazards, or other public construction which includes building and improvements assisted with HUD housing and community development assistance. Section 3 covered contracts do not include contracts for purchase of supplies and materials. However, whenever a contract for materials includes the installation of the materials, the contract constitutes a Section 3 covered contract.

Fund recipients and contractors must show compliance with the numerical goals set forth by the regulations. The numerical goals for new hires apply only to the number of new hires generated because of the financial assistance of the HUD programs. The numerical goals are not absolute numerical requirements. They are goals that each recipient and contractor should try to reach. The goals, if not met, do not trigger sanctions against the recipient or contractor. However, if challenged on the issue of compliance with Section 3, the recipient or contractor should be ready to demonstrate that they tried to reach these goals. The goals are as follows:

  • 30% of all covered new hires for the year beginning FY 2006

In addition, recipients and contractors are required to show compliance with the goal that at least 10% of any building trade activity, which is subcontracted, and 3% of non-building trade activity (construction management, etc.), is awarded to eligible Section 3 business concerns.

Further information regarding these requirements may be found in the Federal Regulations at 24 CFR 135 and the Lake County Section 3 Plan.

I certify and I have read the information above and understand the Section 3 requirements and numerical goals.

Name:_________________________________________________________________

Title:__________________________________________________________________

Date:__________________________________________________________________

CITIZEN PARTICIPATION PLAN

The following is a detailed citizen participation plan which:

  1. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted area and of areas in which funds are proposed to be used, and provides participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction;
  2. Provides citizens with reasonable and timely access to local meetings, information, and records relating to the grantee’s proposed use of funds, as required by the regulations of the Secretary, and relation to the actual use of funds under the Act;
  3. Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance to be determined by the grantee;
  4. Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped;
  5. Provides for a timely written answer to written complaints and grievances, within fifteen (15) working days where practicable; and
  6. Identifies how the needs of non-English speaking residents will be the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate.

RESOLUTION NUMBER #06-03-16

A RESOLUTION AUTHORIZING AND DIRECTING
THE TOWN COUNCIL PRESIDENT OF THE TOWN OF ST. JOHN TO
SUBMIT A PROJECT PROPOSAL FOR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR FEDERAL FISCAL YEAR 2005

WHEREAS, under the provisions of Title 1 of the Housing and Community Development Act of 1974, as amended to date, Lake County, Indiana is authorized to provide financial assistance to units of general local government for undertaking and carrying out Community Development activities; and

WHEREAS, it is provided in such Act that the unit of general local government shall provide satisfactory assurance prior to submission of its Application, that it has held one public hearing to obtain the views of citizens on Community Development needs; and

WHEREAS, the Town of St. John is proposing a project for assistance under the Housing and Community Development Act of 1974, as amended to date, and to proposes to undertake and make available a total project cost of Twenty-Nine Thousand Four Hundred Thirty dollars ($29, 050.00); and

WHEREAS, the Town of St. John has held one formal public hearing on the proposed program and has made available to the general public, through the mass media and other sources, information concerning the program; and

WHEREAS, the Town of St. John has general knowledge of the proposed uses such funds and is cognizant of the conditions that are imposed in the undertaking and carrying out of Community Development activities and undertaking with Federal financial assistance under Title 1, including those prohibiting discrimination because of race, color, creed, sex or national origin;

NOW, THEREFORE, BE IT RESOLVED, by the Town of St. John, Indiana:

Section 1: That the Town Council President of the Town of St. John, Indiana is hereby authorized to file a Project proposal for funds under Title 1 of the Housing and Community Development Act of 1974, as amended to date, with Lake County, Indiana and provide all information and assurances as may be necessary under the Act.

___________________________
Michael S. Fryzel
TOWN COUNCIL PRESIDENT

ST. JOHN TOWN COUNCIL
_______________________
_______________________
_______________________
_______________________

ATTEST:
_______________________
Sherry P. Sury
CLERK-TREASURER

This resolution shall take effect immediately, having been passed and adopted by the Town Council of the Town of St. John, Lake County, Indiana, this 16th day of March 2006.

Resolution #06-03-16 authorizing the 2006 CDBG Project, and directing the Town Council to submit the project proposal. -
Mr. Kil asked Mr. Fryzel to entertain a motion regarding the resolution and authorize as part of that a donation ($4,000) to the South Lake County Community Services for the bus service. So moved by Ms. Teibel Seconded by Mr. Pearson. Motion unanimously passed.

New Business

Authorization and approval of settlement agreement with Storage Inn LLC –
Mr. Austgen stated that a court ordered mediation meeting was held last week and recommended Resolution #06-03-16B be adopted. Ms. Teibel motioned to approve Resolution #06-03-16B and authorize the Town Council President to sign. Seconded by Mr. Pearson. Roll call vote: Ms. Teibel, yes; Mr. Volk, yes; Mr. Pearson, yes; and Mr. Fryzel, yes. Motion unanimously passed.
Authorization and approval of settlement agreement with Officer Rick Kouder -
Ms. Teibel motioned to approve Resolution #06-03-16A and authorize the Town Council President to sign. Seconded by Mr. Pearson. Roll call vote: Ms. Teibel, yes; Mr. Volk, yes; Mr. Pearson, yes; and Mr. Fryzel abstained. Motion passed with three ayes and one abstention.

Ms. Teibel referenced a statement from John Eenigenburg and requested permission to read his statement. (Exhibit A)

Reimbursement Agreement with Wellington Development Company for construction of Waterworks –
Mr. Pearson motioned to approve the reimbursement agreement and authorize the Town Council President to sign. Seconded by Ms. Teibel. Motion unanimously passed.
Reimbursement Agreement with Wellington Development Company for construction of Sewage Works –
Mr. Pearson motioned to approve the reimbursement agreement and authorize the Town Council President to sign. Seconded by Ms. Teibel. Motion unanimously passed.
Grant of right to install water lines for John and Linda Ruzich at 12616 West 85th Avenue, as approved by Waterworks District Commission –
The chair entertained a motion to grant installation of water lines at 12616 West 85th Avenue. So moved by Ms. Teibel. Seconded by Mr. Pearson. Motion unanimously passed.
Consider annual CF-1 Form for Auburn Supply – 10135 Earl Drive (MLC Investments) –
Ms. Teibel motioned to accept Form CF-1 as presented and authorize the Town Council President to sign. Seconded by Mr. Pearson. Motion unanimously passed.
Consider annual CF-1 Form for SB Properties (Don Bates) – 9700 Industrial Drive –
Mr. Pearson motioned to accept Form CF-1 as presented and authorize the Town Council President to sign. Seconded by Ms. Teibel. Motion unanimously passed.
Consider annual CF-1 Form for SB Properties (Don Bates) – 9720 Industrial Drive –
Ms. Teibel motioned to accept Form CF-1 as presented and authorize the Town Council President to sign. Seconded by Mr. Pearson. Motion unanimously passed.
Consider annual CF-1 Form for SB Properties (Don Bates) – 9565 North Industrial Drive –
Mr. Pearson motioned to accept Form CF-1 as presented and authorize the Town Council President to sign. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Kil stated that he received all the CF-1 Forms, reviewed them and found them to be in compliance.

Mr. Fryzel called a ten-minute recess at 7:15 p.m.

Mr. Fryzel reconvened the meeting at 7:30 p.m.

Bid Opening – for Public Safety Facility

Proofs of Publication – Mr. Austgen stated that the notice of advertisement to bidders are in evidence in the Times and the Post Tribune, timely publication two times in each, February 16th and 23rd, 2006.

(Bids were accepted until the 7:00 p.m. date and time so noted in the legal advertisements). The bids all time receipt stamped, were compared to the list of prospective bidder’s list, arranged in the order of receipt and category and presented to Mr. Austgen for the bid opening. (Exhibit B consisting of six pages)

The chair entertained a motion to take the bids under advertisement. So moved by Ms. Teibel. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
Mr. Pearson recognized Ms. Teibel and Gary & Mary Ellen Rassel for the planning and implementation of the interior décor of the meeting room.
Clerk-Treasurer –
None
Staff –
Mr. Pharazyn stated that he will have a document prepared that will enable him to make a recommendation to award an emergency siren system at the next meeting.

Public Comment –

None

Adjournment –

Mr. Fryzel adjourned the meeting at 9:30 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

03-23-2006 Town Council

March 23, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; Bob Pharazyn, Public Works Director; Chip Sobek, Parks & Recreation Director; Dan Szany, Carras-Szany-Kuhn & Associates; Ken Schneider, Lagestee-Mulder; John W Mainwaring, Code Enforcement Officer; Tina Fletcher, and Jeff.

Approval of the minutes: February 16th and February 23rd, 2006 Regular Meetings –

Mr. Pearson motioned to approve the minutes of the February 16th and February 23rd, 2006 Regular Meetings. Seconded by Ms. Teibel. Motion unanimously passed.

Old Business –

None

New Business

Bid Award – Municipal Complex Phase Two – Public Safety Facility –
Mr. Fryzel read the list of bid award recommendations, Exhibit A, with noted corrections for the locations of the businesses of Ryan Construction and Precision Builders. Under category #27, electrical, the contract amount of $590,250.00 by Midwest Electric was noted.

Ms. Teibel motioned to accept the bids as read. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Austgen stated that the record should reflect and the public minutes should reflect that bid #28, (bid #27 on Exhibit A) the electrical bid, had a deviation from the award to what appeared to be the lowest bidder. The lowest bidder was Boender Electric by way of number or amount; however, in the review of the bid submitted an investigation revealed there were some issues and questions related to whether that bid in fact was the lowest responsive and responsible bidder. For purposes of this record, for purposes of this proceeding and for purposes of the financing for the project, which will be closing in early April, all of which requires strict compliance with the laws of the State of Indiana; it appeared in the investigation that the bid was not responsive, in that there was an incomplete portion related to addendum attachments and recognition of same. Additionally, in regard to responsible components it was presented; information was presented and reviewed and verified there were issues pertaining to previous project work here in this town where non-compliance with several statutes was included. It was part of a post audit review. Information revealed that, on the certified list of payroll information and data required to be provided, certain of the employees were not properly registered as required. There is a labor agreement and contract that requires that. There is also a bid requirement that mandates that. Additionally the ratio of journeymen to apprentices was not adhered to as reflected in the public records that were reviewed. Finally, the benefit items reflected or required to be paid were not substantiated. In other words the post contract review revealed those deficiencies. Because of the strict nature of compliance for the financing, your responsibility to the taxpayers, and conforming to law in undertaking these matters it was recommended (and apparently the council agreed by their actions tonight) that the lowest bid was not the lowest responsive and responsible bidder.

Consider Letter of Credit for The Gates of St. John in the amount of Two Million Nine Hundred Ninety-four Thousand Thirteen Dollars and fifty-one cents ($2,994,013.51) (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to approve the Letter of Credit of the Gates of St. John in the amount of Two Million Nine Hundred ninety-four Thousand Thirteen Dollars and fifty-one cents ($2,994,013.51). Seconded by Mr. Barenie. Motion passed with four yeas and one abstention by Ms. Teibel.
Consider award of Weather Warning System –
Mr. Pharazyn stated that he received two proposals, he recommended awarding the proposal to Federal Sign paired with Tri-Electronics for the purchase of two systems which would give the town two sirens to start with, with the goal of building towards more of these systems. He believes these two systems will provide a solid foundation to expand this public municipal warning system. Ms. Teibel motioned to award the project in accordance with the recommendation of the Public Works Director to Federal Signal Tri-Electronic not to exceed the amount of $40,456.70. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Fryzel stated that on 12/31/03 a scanning system was ordered in the amount of $19,771.00 and the equipment is still sitting in the warehouse in Elkhart, Indiana, two years and 3 months later. Ms. Sury stated that the intent of the equipment is to scan all the minutes, resolutions, etc. on a scanner so it can go on the computer and also be for resident access. It is anticipated maps and the like will also be put on it and not all the records would be accessible to the public. Due to the lack of a physical location that met the requirements of the equipment it was put on hold. With the relocation of the office it is anticipated it will be installed. Discussion ensued. Mr. Fryzel stated that the equipment will be picked up immediately and stored locally. Ms. Sury stated the funds were encumbered from her budget.
Clerk-Treasurer –
None
Staff –
None

Payment of Bills for the Corporation

#7421 - #7615 for $1,207,346.95 – Ms. Teibel motioned to accept vouchers #7421 - #7615 for $1,207,346.95 payment of bills for the Corporation. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment

Gerald Hancock, 12042 West 97th Lane – Thanked the council and everyone else for their diligence in ensuring the work that is going to be done in the Town of St. John is of the best quality and will be done by the most qualified individuals.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:22 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

04-20-2006 Town Council

April 20, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Fire Chief Fred Willman and John Mainwaring, Code Enforcement Officer. Charles Pearson, Member was absent.

Public Hearing

Petition for Annexation by Petitioner – David Kaminski -
Mr. Austgen stated that the Proofs of Publication for the Times and Post were in evidence, published in a timely fashion and the requirements of law have been met. Mr. Kil stated that this is a voluntary annexation and described the area. Discussion ensued regarding the legal description.

Public Comment – None

Ms. Teibel motioned to consider Ordinance #1413 on first reading only with the contingency of a review of the legal description. Seconded by Mr. Barenie. Motion unanimously passed.

New Business

Consider Staff appointment to the Plan Commission for 2006 –
Ms. Teibel motioned to accept the resignation of Tim Foley and appoint Code Enforcement Officer John Mainwaring. Seconded by Mr. Barenie. Motion unanimously passed.
Ratification of the 2006 Festival Contract –
Mr. Barenie motioned to ratify the contract and the addendum with Jon Luehrs’ Spectacular Amusements. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1414, Peninsula Subdivision, rezone to P.U.D. R3 (favorable recommendation from Plan Commission) –
Ms. Teibel motioned to adopt Ordinance #1414. Seconded by Mr. Barenie. Motion unanimously passed.
Ordinance #1415, an ordinance amending Master Traffic Ordinance #511 -
Ms. Teibel motioned to consider Ordinance #1415 on first reading. Seconded by Mr. Barenie. Motion unanimously passed. Ms. Teibel motioned to adopt Ordinance #1415. Seconded by Mr. Barenie. Motion unanimously passed.
Proclamation recognizing April as “Parliamentary Law” month –
Mr. Fryzel read the proclamation. Ms. Teibel motioned to recognize April as Parliamentary Law month and to authorize the Town Council President to sign the proclamation. Seconded by Mr. Barenie. Motion unanimously passed.
Consider award of proposals for 2006 CDBG Project –
Ms. Teibel motioned to award the 2006 CDBG project to Burrink Concrete as the lowest responsive and responsible bidder in the amount of $23,800.00. Seconded by Mr. Barenie. Motion unanimously passed.
Consider annual CF-1 Form for SJCT, LLC – 1009 Ravenwood Drive –
Mr. Kil stated that he reviewed the CF-1 form and it was compliant. Ms. Teibel motioned to accept the CF-1 Form for SJCT, LLC and authorize the Town Council President to sign. Seconded by Mr. Barenie. Motion unanimously passed.
Consider request from St. John Evangelist Parish for use of picnic tables and municipal property for their annual festival July 13th through July 16, 2006 –
Tape inaudible, discussion ensued. Ms. Teibel motioned to approve the use of the picnic tables and to direct the Public Works Director to make arrangements for St. John the Evangelist’s annual festival. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council –
Ms. Teibel mentioned that next Thursday is the Youth Council meeting. She stated that she was approached by a member of Unicorp Credit Union and advised that they would be hosting a parking lot festival on June 24. They requested consideration on waiving the sign ordinance fees for that Saturday, requested that a fire truck be present, and that additional information for this event would be forthcoming. Ms. Teibel referenced the ordinance in Town regarding the upkeep of properties, particularly weeds, and requested that Mr. Mainwaring follow up on this. She also welcomed into town the new Strack & Van Til.

Mr. Fryzel congratulated Ms. Jamrose on her accomplishments. He referenced the State Law regarding fireworks, that they are now legal and suggested that an ordinance be prepared for restrictions and time limitations. Mr. Austgen provided an update on the ordinance regarding sexually oriented businesses and that it will be submitted for consideration at the May meeting. Mr. Fryzel provided an update for the festival and mentioned that there are also raffle tickets for prizes at the festival.

Mr. Austgen referenced the information session-seminar to be held on Thursday, June 8th in Schererville with the Indiana Public Access Counselor.

Clerk-Treasurer –
Ms. Sury requested a motion to approve the quotation of April 10th for the third siren. Discussion ensued; siren will be paid by the volunteer fire department.
Staff –
None

Public Comment –

None

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed. Meeting adjourned at 7:30 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

04-27-2006 Town Council

April 27, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance. President Kara called the Youth Council Meeting to order at 7:05 p.m.

Roll call was taken of the Town Council with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Chuck Pearson, Member; Mark Barenie, Member; Tim Kuiper, Austgen Kuiper & Associates, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer. Also present were Fire Chief Fred Willman, Police Chief Fred Frego, Code Enforcement Officer John Mainwaring, Bob Pharazyn, Public Works Director; Chip Sobek, Parks and Recreation Superintendent; Rhuben Pittman, Electrical Inspector; and Tina Fletcher, I.T.

Roll call was taken for the Youth Council with the following members present: Kara, President; Lindsey, Vice-President; Jordan, Council Member; Jamie, Council Member; Sydney, Council Member; Ethan, Town Attorney; Zac, Town Manager; Allison, Public Works Director and Julianne, Clerk-Treasurer. Also present were Michael, I.T. Director; Police Chief Colleen, Fire Chief Megan, Building and Planning Director Alexa, Parks Director Emily and Code Enforcement Officer Sydnee.

Approval of minutes: March 16, 2006 Executive Session, March 16, 2006 Regular, and March 23, 2006 Regular Meeting minutes –

Ms. Teibel motioned to approve the minutes as read. Seconded by Mr. Pearson. Roll call vote: Ms. Teibel, yes; Mr. Pearson, yes; Mr. Barenie, yes; Mr. Volk, yes and Mr. Fryzel, yes. Motion unanimously passed.

Roll call vote Youth Council: President Kara, yes; Vice-President Lindsey, yes; Councilman Jordan, yes; Councilman Jamie, yes and Councilman Sydney, yes. Motion unanimously passed.

New Business

Police Department Laptop Computers –
Youth Council Police Chief Colleen reported that 18 laptop computers were acquired through a Homeland Security grant and have been installed in the squad cars enabling the police officers immediate access to up-to- date information.
Summer Sprinkling Rates –
Youth Council Clerk-Treasurer Julianne reported that the summer sprinkling rates would begin on May 15th and end on September 15, 2006.
Consider “Conflict of Interest Disclosure” submitted by Attorney Michael L. Muenich –
Ms. Teibel motioned to accept Attorney Muenich’s Conflict of Interest Disclosure. Seconded by Mr. Pearson. Roll call vote: Ms. Teibel, yes; Mr. Pearson, yes; Mr. Barenie, yes; Mr. Volk, yes and Mr. Fryzel, yes. Motion unanimously passed.

Roll call vote Youth Council: President Kara, yes; Vice-President Lindsey, yes; Councilman Jordan, yes; Councilman Jamie, yes and Councilman Sydney, yes. Motion unanimously passed.

GPS Update –
Youth Council I. T. Director Michael reported that the GPS system has been installed and summarized how the town will utilize the system. Youth Council Fire Chief Megan mentioned a program that can pinpoint locations and cross streets called Rip and Run. She is doing more research and report back to the council.
Consider Resolution # 06-04-27, authorizing the Clerk-Treasurer to create new line item – Cumulative Capital Development –
Mr. Pearson motioned to adopt Resolution #06-04-27. Seconded by Ms. Teibel. Roll call vote: Ms. Teibel, yes; Mr. Pearson, yes; Mr. Barenie, yes; Mr. Volk, yes and Mr. Fryzel, yes. Motion unanimously passed.

Youth Council roll call vote: President Kara, yes; Vice-President Lindsey, yes; Councilman Jordan, yes; Councilman Jamie, yes and Councilman Sydney, yes. Motion unanimously passed.

Playground Equipment –
Parks Director Emily reported that equipment for Heartland, Patenoe and Heron Lake Parks have been ordered with a delivery date of May 15th and will be installed upon delivery.
Construction Update –
Town Manager Zac stated that the Town Hall construction is ahead of schedule and all municipal employees should be in the new offices by early June.
Consider Resolution #06-04-27A, a joint interlocal agreement for Northwest Indiana Major Crimes Task Force –
Police Chief Frego stated that the town attorney recommended this item be deferred as there are four minor revisions to the agreement. Ms. Teibel motioned to defer Resolution #06-04-27A. Seconded by Mr. Pearson. Roll call vote: Ms. Teibel, yes; Mr. Pearson, yes; Mr. Barenie, yes; Mr. Volk, yes and Mr. Fryzel, yes. Motion unanimously passed.

Youth Council roll call vote: President Kara, yes; Vice-President Lindsey; Councilman Jordan; Councilman Jamie, yes and Councilman Sydney, yes. Motion unanimously passed.

Dumpster Ordinance, #741 –
Youth Council Code Enforcement Officer Sydnee reported on the fine schedule and the citations issued.
Fireworks Display –
Public Works Director Allison reported that the annual fireworks display would be held on July 2nd at the Lake Central High School Football field. There will also be a band or a DJ for additional entertainment.
Authorization for Town Manager to dispose of certain town-owned equipment –
Mr. Kil stated that the items for the sealed bid were contained in the Council’s binders. Ms. Teibel motioned to authorize the Town Manager to publicly bid items of equipment. Seconded by Mr. Barenie. Roll call vote: Ms. Teibel, yes; Mr. Pearson, yes; Mr. Barenie, yes; Mr. Volk, yes and Mr. Fryzel, yes. Motion unanimously passed.

Youth Council roll call vote: President Kara, yes; Vice-President Lindsey, yes; Councilman Jordan, yes; Councilman Jamie, yes and Councilman Sydney, yes. Motion unanimously passed.

Fireworks Ordinance –
Town Attorney Ethan reported that the noise & nuisance ordinance could be used in conjunction for enforcement with the fireworks ordinance that is currently being written.
Commercial Building updates –
Building & Planning Director Alexa reported that a new plaza, by Paul Hemmer Company, along with several shops and stores would be built south of Target on U.S. Rt. 41. The groundbreaking ceremony was this morning.
Ratification of the appointment of the Assistant Fire Chiefs for the St. John Volunteer Fire Department –
(Mr. Gembala, Mr. Funk and Mr. Fialkowski) Mr. Pearson motioned to accept the appointments as recommended by the Fire Chief. Seconded by Mr. Barenie. Roll call vote: Ms. Teibel, yes; Mr. Pearson, yes; Mr. Barenie, yes; Mr. Volk, yes and Mr. Fryzel, yes. Motion unanimously passed.

Youth Council roll call vote: President Kara, yes; Vice-President Lindsey, yes; Councilman Jordan, yes; Councilman Jamie, yes and Councilman Sydney, yes. Motion unanimously passed.

Reports & Correspondence

Town Council –
Mr. Fryzel stated that the Fagen building was put on notice to clean up the site at least eight months ago. He asked Mr. Kuiper to take further action and file with the courts if necessary.
Youth Council Reports
Vice President Lindsey reported on the upcoming St. John Family Festival and also thanked Mr. and Mrs. Thiel for video taping the meeting for the Historical Society.

Councilman Jordan reported on the Heartland Baseball Complex.

Councilman Jamie stated that the Lake County Solid Waste Management District held a recycling workshop in March. He also mentioned other recycling sources available to the public.

Councilman Sydney reported that the storm sewer system at Mallard Lane and West 93rd Avenue is complete. He also stated that primary approval has been given for the final phase of North Pointe Subdivision.

President Kara gave an update on the Town Beautification Project that began in 2004.

Clerk-Treasurer –
None
Youth Clerk Treasurer Report -
Clerk-Treasurer Julianne gave an update on the new water bill design and the drop box that will be available for bill payment.
Staff –
None
Youth Staff Reports
IT Director Michael stated that the latest version of a water and sewer atlas has been completed.

Public Works Director Allison gave an update on the new weather and emergency warning sirens.

Fire Chief Megan stated the St. John Volunteer Fire Department voted to donate $20,200 to the Town Council for the weather warning system.

Mr. Mark Itczak, President, and Mr. Bill Gnerlich, Treasurer, of the Volunteer Fire Department, were introduced and presented the check to the Town Council. Mr. Fryzel thanked the Volunteer Fire Department for their donation and stated that the money will be used towards one of the five sirens that will be installed in the next 12-15 months.

Code Enforcement Officer Sydnee stated that the political signs that were not in compliance with Ordinance #1271 have been removed and are available for pick up at the Public Works Garage.

Police Chief Coleen mentioned that 57 citations were issued last month while working with the Drug Interdiction and DUI Task Force Grants.

Parks Director Emily gave an overview of the activities available at the Parks Department.

Town Manager Zac mentioned that the financing of the new Public Safety Building received an “A” bond rating. He also mentioned some of the new retail stores that will be opening in town.

Building & Planning Director Alexa gave a brief summary on the home building permits issued during 2005 and the related demographics.

Town Attorney Ethan gave an update on pending town ordinances regarding fireworks use, off–road vehicle regulations and a draft ordinance regarding taxable fringe benefits.

Payment of Bills for the Corporation –

Ms. Teibel motioned to pay vouchers #7616 - #7892 in the amount of $1,513,123.66 for the Corporation. Seconded by Mr. Pearson. Motion unanimously passed.

Public Comment -

None

Public Comment for Youth Council

Resident name (tape inaudible) regarding progress on girls softball fields.

Jim Rainbolt, 2844 Jerrod Drive, Schererville – commended the Youth Council for doing an outstanding job tonight.

Mr. Fryzel thanked Ms. Teibel for putting together the Youth Council meeting, all the parents who came out tonight and all the kids who participated.

Mr. Fryzel mentioned that some pre-festival items require payment upon delivery and would like approval to generate those payments. Mr. Barenie motioned to approve miscellaneous bills prior to the docket. Seconded by Ms. Teibel. Motion unanimously passed.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:42 p.m.

Youth Council President Kara entertained a motioned to adjourn. Lindsey motioned. Seconded by Jordan. Youth Council Meeting adjourned.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

05-25-2006 Town Council

May 25, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; and John Mainwaring, Code Enforcement Officer. Absent were Bob Pharazyn, Public Works Director and Chip Sobek, Parks and Recreation Superintendent.

Presentation:

Assistant Chief Bernard J. Johnsen – 30 years of Service – Chief Frego and Mr. Pearson presented Assistant Chief Johnsen with a plaque commemorating his 30 years of service.

Approval of the minutes: April 20, 2006 Regular, and April 27, 2006 Regular Meeting minutes –

Ms. Sury asked to amend the April 20th meeting minutes to change the CDBG Project Proposal from the year 2006 to 2005. Mr. Pearson motioned to approve the minutes of the April 20, 2006 regular meeting to include the change of the CDBG Project from the year 2006 to 2005 and the April 27, 2006 Regular meeting minutes as presented. Seconded by Mr. Barenie. Motion unanimously passed.

Old Business –

None

New Business

Consider Fireworks Display Agreement with “Johnny Rockets” for July 2, 2006 –
Mr. Barenie motioned to sign the agreement in the amount of $15,000 for the July 2nd, 2006, fireworks with “Johnny Rockets”. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #06-05-25, a resolution, authorizing Clerk-Treasurer to create new line item –
Ms. Teibel motioned to approve the new line item for Building/Planning motor equipment, Resolution #06-05-25. Seconded by Mr. Barenie. Motion unanimously passed.
Resolution #06-05-25A, a resolution providing for a transfer of funds –
Ms. Teibel motioned to approve the transfer of funds. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #06-05-25B, a resolution for the Community Development Agreement of Lake County –
Mr. Pearson motioned to approve this agreement. Seconded by Mr. Barenie. Motion unanimously passed.
Resolution #06-05-25C, concerning the fiscal plan for Deodor Street annexation –
Ms. Teibel motioned to approve Resolution #06-05-25C. Seconded by Mr. Barenie. Motion unanimously passed.
Ordinance #1413, for Deodor Street Annexation –
Mr. Barenie motioned to adopt Ordinance #1413. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council -
Mr. Fryzel stated that the Town Festival was beginning on Thursday, May 25, 2006, and would conclude on May 29, 2006.
Clerk-Treasurer –
Ms. Sury stated that the drive up drop box is operational and the new water bills will be mailed out the first of the month. She also asked for a motion to pay a bill for Rite-Way Concrete Seal for flooring in the Public Works Building in the amount of $9,940.00.

Ms. Teibel motioned to approve payment of the bill for Rite-Way Concrete in the amount of $9,940.60. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Pearson motioned to close the offices of the Town Manager, Building and Planning Department and Clerk-Treasurer’s offices on June 12 and June 13 for the relocation back to the 10955 W 93rd Avenue Address. Seconded by Ms. Teibel. Motion unanimously passed.

Staff –
Mr. Kil mentioned that the upcoming US 41 and 93rd Avenue project is proceeding and that the project is expected to go out for letting in November.

Mr. Austgen summarized the requirement of the lease-purchase financing document for the purchase of police vehicles and that public meeting action should take place to approve the resolution and the agreement. Ms. Teibel motioned to approve Resolution #06-05-25D. Seconded by Mr. Barenie. Motion unanimously passed.

Payment of Bills for the Corporation -

Ms. Teibel motioned to approve vouchers #7893 - #8107 in the amount of $1,359,868.27 for the Corporation. Seconded by Mr. Pearson. Motion unanimously passed.

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:10 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

06-15-2006 Town Council

June 15, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. Boy Scout Troop #561 conducted a flag ceremony and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; and John Mainwaring, Code Enforcement Officer.

Award Presentations –

Presentation by V.F.W. Post #717 Post Commander, Larry Blankman; also present was Jim Thiel, Past Post Commander and Gene Kijanowski, Quartermaster.
Eagle Scout of the Year –
Mr. Blankman presented the award to Greg Krumm and cited his achievements
Firefighter of the Year –
Chief Willman and Mr. Blankman presented the award to Paul Lukso and cited his achievements
Emergency Medical Technician of the Year –
Robert McKinley – (Mr. McKinley was unable to attend) Chief Willman cited his achievements
Police Officer of the Year –
Frank Chapranda presentation by Chief Frego, Mr. Blankman and Mr. Kijanowski

New Business

Ordinance #1416, an Ordinance amending the master zoning map for the Town of St. John Indiana (favorable recommendation from the Plan Commission) –
Mr. Pearson motioned to adopt Ordinance #1416. Seconded by Mr. Barenie. Motion passed with 3 ayes, one nay by Mr. Volk, and one abstention by Ms. Teibel.
Ordinance #1417, same being an Ordinance amending Ordinance #1164 and Ordinance regulating the usage of town computers –
Ms. Teibel motioned to consider Ordinance #1417 on first reading only. Seconded by Mr. Pearson. Motion passed with 4 ayes and one nay by Mr. Volk.
Ordinance #1418, an ordinance amending the Town Code pertaining to “fireworks regulations” –
Mr. Austgen provided an overview of the ordinance as it pertains to state statute and existing local noise/nuisance ordinances. Ms. Teibel motioned to consider Ordinance #1418 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1418. Seconded by Mr. Pearson. Motion unanimously passed.

Ordinance #1419, an Ordinance amending the Town personnel policy regarding IRS Taxable Fringe Benefits –
Mr. Fryzel requested that this item be tabled to allow additional time for review. Ms. Teibel motioned to table this item until next month. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Barenie stated that he has received feedback from residents regarding regulations of the local fishing ponds. Discussion ensued regarding the ponds, signage, fish size limits, State enforcement and a catch and release program. Mr. Kil was requested to review the matter.

Mr. Fryzel referenced the continuing problem of contractors illegally tapping into the town hydrants and asked Mr. Austgen to prepare an ordinance that includes a first offense penalty of $500.00.

Mr. Austgen mentioned that the Town of St. John asked the Town of Schererville for an extension of the emergency water supply agreement. He suggested the council extend the term to June 30th. Ms. Teibel motioned to enter into an extension with the Town of Schererville until June 30th for the emergency water agreement. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Austgen also referenced the Sexually Oriented Business Regulations Amendatory Ordinance that he is drafting. He explained the approval process of this zoning ordinance amendment and stated that the draft copy for the council will be provided next Thursday.

Clerk-Treasurer –
None
Staff –
None

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:30 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

06-22-2006 Town Council

June 22, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Bob Pharazyn, Public Works Director; Frank Chapranda for Police Chief Fred Frego; Fire Chief Fred Willman and Chip Sobek, Parks Director. Absent was Mark Barenie, Member; Police Chief Fred Frego; and John Mainwaring, Code Enforcement Officer.

Approval of the minutes: May 25, 2006 Regular meeting minutes –

Mr. Pearson motioned to approve the minutes of the May 25, 2006 Regular Meeting. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.

New Business

Annual donation to the St. John Volunteer Fire Department –
Mr. Pearson motioned to approve payment of $10,000 to the St. John Volunteer Fire Department in accordance with the contract. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Resolution #06-06-22, a resolution authorizing the lease of certain Town equipment –
Mr. Kil gave an overview of the resolution. Discussion ensued regarding the current status of the inventory, the monetary consideration and that when the lease is approved and executed, it will be attached to the resolution. Ms. Teibel motioned to adopt Resolution #06-06-22 with the stipulation that the lease will be presented for approval. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.
Ordinance #1417, an ordinance amending Ordinance #164, regulating the usage of Town computers (second reading) –
Ms. Teibel motioned to adopt Ordinance #1417. Seconded by Mr. Pearson. Motion passed with 3 ayes and one nay by Mr. Volk.
Resolution #06-06-22A, a resolution authorizing a temporary transfer of funds –
Mr. Pearson motioned to adopt Resolution #06-06-22A. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Resolution #06-06-22B, a resolution providing for the transfer of appropriations –
Mr. Pearson motioned to adopt Resolution #06-06-22B. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Ordinance #1421, an ordinance regarding illegal connections and/or tampering with the municipal waterworks system and establishing a fine structure therefore –
Ms. Teibel motioned to consider Ordinance #1421 on first reading. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

Ms. Teibel motioned to adopt Ordinance #1421. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council
Ms. Teibel stated that there are still two Internet service antennas installed by Mr. Egypciaco (N.S.I Wireless) that needs to be removed. Mr. Kil was requested to contact Mr. Egypciaco to get the matter resolved.

Mr. Fryzel requested that Mr. Austgen prepare and submit to Ms. Sury an opinion on the disposition of the funds collected for traffic school registrations whereby the funds would not have to be forwarded to County and requested a motion. Ms. Teibel motioned that no funds for traffic school registrations are to be submitted to Lake County. Seconded by Mr. Pearson. Motion passed with a vote of 4 – 0.

Mr. Fryzel mentioned the fireworks that would be held at dusk on July 2nd with a rain date of July 3rd at Lake Central High School.

Mr. Fryzel referenced the situation and code violations with the cars and limos on Ventura Drive and requested authorization to have Mr. Austgen take corrective action.

Ms. Teibel referenced the town logos on the Water Tower and thanked Mr. Pharazyn.

Mr. Austgen referenced the binder containing information that was distributed pertaining to the proposed Sexually Oriented Business Regulations Amendatory Ordinance and mentioned that a Public Hearing would be conducted soon. He also reported that he is obtaining the signatures for the easement for the Keilman Drainage project. Mr. Austgen requested that an Executive Session be scheduled for the first meeting in the month of July.

Chief Willman thanked the Town Council for approving the payment of $10,000.00 for the Volunteer Fire Department contract with the Town.

Clerk-Treasurer -
none
Staff –
Mr. Pharazyn stated that the warning sirens are installed, the electric is connected and that there would be a town wide test the 2nd Tuesday of July and the 2nd Tuesday of every month. He mentioned that a letter would be sent to the homeowners to let them know.

Mr. Sobek stated that the construction of the four parks would be done next week and reported that the summer programs are going good.

Mr. Kil mentioned the status of the Plan Commission in relation to the new developments that included the Lotton Development a/k/a Gates of St. John.

Payment of Bills for the Corporation

#8108 - #8403 for $1,503,034.93 – Ms. Teibel motioned to approve bills #8108 - #8403 for the Corporation in the amount of $1,503,034.93. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:30 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

07-20-2006 Town Council

July 20, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; Mr. Kuiper for David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego, Fire Chief Fred Willman and John Mainwaring, Code Enforcement Officer.

Public Hearings – Exhibit A

Ordinance #1422, annexation of certain real property “Fawn Meadow Estates” -
Mr. Kuiper stated that the Proofs of Publication were in order for publication in the Times and Post. It was verified that one sign had been posted. Mr. Kil provided the opening remarks, described the area and stated that the property owner is petitioning to be annexed into the town.

Town Council comments – Mr. Volk asked if they would request a re-zone of the property and Mr. Kil stated that the comprehensive plan covers part of this area and the fiscal plan and ordinance would be adopted at the next meeting.

Open to the Floor for Public Comment – Ms. Paulette Schulte, 10609 Calumet Avenue, Dyer – inquired if the new development would connect to Saddle Creek, would there be an access to Calumet Avenue and how many units there would be. Discussion ensued.

Closed to the Floor

Ms. Teibel motioned to consider Ordinance #1422 on first reading only. Seconded by Mr. Pearson. Motion unanimously passed.

New Business

Presentation and request of Waiver of Building Permit Fees for St. John the Evangelist Church (Petitioner: Michael L. Muenich) –
Mr. Muenich introduced himself as the project manager for this project. A Power Point presentation followed as he provided an overview of the Way of the Cross Prayer Trail, the Marian Shrine and the associated costs of the new St. John the Evangelist Church. He asked the council to waive a portion of the building permit fees and referenced the budget for this project along with the expectations of attendance at the site. He stated that they would pay for the cost of the inspections and other direct costs that are associated. The permit fees equal approximately $22,500.00 (plumbing, electrical, etc.) and they are asking for a 50% waiver of those fees. Ms. Teibel motioned to waive all building fees. Seconded by Mr. Pearson. Motion unanimously passed.
Silver Leaf Development – Letter of Credit for required subdivision improvements (favorable recommendation from Plan Commission) –
Mr. Pearson motioned to accept the letter of credit in the amount of $3,844,212.90. Seconded by Mr. Barenie. Motion passed with four ayes and one nay by Mr. Volk.
Resolution #06-07-20, declaring certain un-collectible accounts as bad debt –
Mr. Pearson motioned to adopt Resolution #06-07-20. Seconded by Mr. Barenie. Motion unanimously passed.
Ordinance #1419, an ordinance amending the Town Personnel Policy regarding IRS Taxable Fringe Benefits (deferred from June 15, 2006 meeting) –
Ms. Teibel motioned to defer this item until next week. Seconded by Mr. Pearson. Motion unanimously passed.
Consider approval of Easement Agreement with ANR Pipeline for the construction of Bicycle/Pedestrian Trail –
Ms. Teibel motioned to accept the Easement Agreement with ANR Pipeline. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff -
Mr. Kil referenced a memo regarding the purchase of a new chipper truck and stated that grant money has been awarded and the town must match the money awarded. He asked the council to award the lowest price quote for the chipper to Alexander Equipment Company for $39,500. Ms. Teibel motioned to award the purchase of a chipper truck to Alexander Equipment Company in the amount of $39,500. Seconded by Mr. Pearson. Motion unanimously passed.

Chief Frego mentioned that a 5K run sponsored by Suncrest Church is scheduled for September 9th.

Public Comment

Ms. Paulette Schulte asked where the bicycle trail would be and if any crops would be damaged, discussion ensued.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:40 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

07-27-2006 Town Council

July 27, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jeri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; Bob Pharazyn, Public Works Director; Chip Sobek, Parks Director; and John Mainwaring, Code Enforcement Officer. Absent was Mark Barenie, Member. (Audio tape recording device malfunctioned at the outset of the meeting)

Approval of the minutes: June 15, 2006 Regular and June 22, 2006 Regular Meeting minutes –

Ms. Teibel motioned to approve the minutes of the June 15, 2006 Regular Meeting and June 22, 2006 Regular Meeting. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

New Business

Donation of used squad car to Lake Central High School – (1996 Ford Crown Victoria)
Ms. Teibel motioned to approve the donation of the used squad car to Lake Central. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.
Ordinance #1419, an ordinance amending the Town Personnel Policy regarding IRS Taxable Fringe Benefits (previously deferred) -
Ms. Teibel motioned to defer this item to the second meeting next month. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.
Ordinance #1423, establishing a Fire Pension Board of the St. John Firefighters’ Pension Fund –
Mr. Kil gave an overview of the pension fund for the full time members of the Fire Department and compared this fund in relation to the Police Pension Fund. Discussion ensued. Mr. Pearson motioned to consider Ordinance #1423 on first reading. Seconded by Ms.Teibel. Motion passed with a vote of 4 - 0.

Mr. Pearson motioned to adopt Ordinance #1423. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.

Consider reduction in Saddle Creek Letter of Credit to $128,128.00.
[favorable recommendation from Plan Commission]. Ms. Teibel motioned to approve the reduction for the Letter of Credit for Saddle Creek. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.
Resolution #06-07-27, Transfer of Appropriations -
Mr. Pearson motioned to adopt Resolution #06-07-27. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council –
none
Clerk-Treasurer –
none
Staff –
Mr. Kil requested a motion to approve the execution of the permanent easement for Park Place Villas. Ms. Teibel motioned to authorize acceptance of the permanent easement for Park Place Villas. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

Mr. Pharazyn stated that the drainage project is complete for Sierra Pointe; he received proposals for the Keilman project and that Robinson Engineering is working on the Larimer Park drainage project.

Mr. Sobek requested permission for the People with Special Needs to have a night designated for them during the Christmas in the Park event on December 5 or December 6, 2006. Discussion ensued, permission was granted for December 6, 2006.

Payment of Bills for the Corporation

#8404 - #8681 for $2,265,840.25 – Ms. Teibel motioned to approve bills #8404 - #8681 for the Corporation in the amount of $2,265,840.25. Seconded by Mr. Pearson. Motion passed with 3 ayes and one abstention by Mr. Volk.

Public Comment –

Ms. Janet Dominguez, Events Committee, 10776 Millard Dr. – provided an update on the plans for the upcoming Halloween Event to be held from October 25 through October 31, 2006. She stated that the event would be held at the Lake Hills Location and summarized the intended events.

A unidentified woman wanted to address the Council with her concerns regarding the status of purchasing a home in town and a problem she is experiencing. She was advised to meet with Mr. Kil after the meeting.

Mr. Fryzel commented on the vandalism that occurred Tuesday night at the Lake Hills Clubhouse and wished a happy birthday to Ms. Teibel.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:32 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

08-17-2006 Town Council

August 17, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; and John Mainwaring, Code Enforcement Officer. Absent were Mark Barenie, Council Member; Bob Pharazyn, Public Works Director and Chip Sobek, Parks Superintendent.

Public Hearings

Ordinance #1408, proposed amended Rates and Charges to Customers of the St. John Waterworks System (First reading January 26, 2006) -
Proofs of Publication – Mr. Austgen stated that the record should reflect Proof of Publication as follows for this public hearing: The Post Tribune, Notice of Public Hearing Publisher’s Affidavit is in evidence with timely publication one time August 7th; certification of the Clerk dated August 4th reflects certification that the Notice of Public Hearing was sent to those persons listed and that is for those customers and individuals outside the municipal boundaries but who are customers which is in conformance with law.

Opening Remarks – Mr. Kil stated that this Ordinance comes with the recommendation from the Waterworks District. He added that the last water rate increase in the town was on July 8th, 1991, and authorized by Ordinance #866. Compared to other communities, the cost of water in St. John is average to low. For the average user (about 7,500 gallons per month) this rate increase will be about $2.50 per month. The Town’s financial advisor, H J Umbaugh and Associates, has also recommended this rate increase.

Town Council comments – Mr. Fryzel stated that many residents questioned the capability of the town going to Chicago water. Umbaugh & Associates did a feasibility study of what the cost would be if Lake Michigan water were accessible. The cost would be $18.6 million dollars, would be accomplished through a bond issue and the residents would expect a rate increase per household of 165% of what they are paying today.

Open to the Floor for Public Comment – None

Closed to the Floor

Mr. Kil stated that for clarification of the effective date of this ordinance that the motion reflects an effective date of August 15, 2006, which is retroactive two days that would coincide with the billing cycle.

Ms. Teibel motioned to adopt Ordinance #1408 with a stipulation that it is retroactive and effective the 15th of August 2006. Seconded by Mr. Pearson. Motion unanimously passed. New Business

Ordinances #1424 request for rezoning of Park Place Christian Community to Planned Unit Development –
(Favorable recommendation from Plan Commission) Mr. Pearson motioned to adopt Ordinance #1424. Seconded by Mr. Volk. Motion passed three ayes and one abstention by Ms. Teibel.
Consider Request to Purchase (RTP) on Keilman Street Drainage Project –
Ms. Teibel motioned to accept the quote of St. John Plumbing in the amount of $26,124.00. Seconded by Mr. Pearson. Motion unanimously passed.
Consider Request to Purchase (RTP) equipment on Ford F-550 Super Duty truck for Public Works Department (from Lindco Equipment Sales - $22,908.00) –
Mr. Kil stated that there is a contingency the Town Council needs to place on this request. Mr. Austgen stated that it appears the Town presently does not have the funds appropriated for this purchase. The town has the funds, however they are not appropriated. The truck and equipment purchase would be paid out of the MVH fund but the formality of an appropriation is required. They would need to direct that a public hearing be held for additional appropriations in the October public meeting and that any action taken pertaining to this acquisition be contingent upon payment being made only after the additional appropriation is authorized by resolution. Mr. Austgen added that this procedure is in conformance with the State Board of Accounts wherein you cannot purchase anything unless you have the money for it. The Town has the money it simply needs the additional appropriation process. The truck and equipment can be ordered but cannot issue payment and take delivery until they have the money appropriated.

Ms. Teibel motioned to accept the proposal from Lindco Equipment Sales in the amount of $22,908.00 and to incorporate into the motion the comments made by the Town Attorney. Seconded by Mr. Pearson. Motion unanimously passed.

Consider Request to Purchase (RTP) on Ford F-550 Super Duty truck for Public Works Department (from Joe Hennessey’s River Oaks Ford - $31,650.00) -
Ms. Teibel motioned to accept the proposal from Joe Hennessey River Oaks Ford in the amount of $31,650.00 and the motion to incorporate the comments made by the Town Attorney. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution # 06-08-17, a resolution providing for the transfer of appropriations –
Ms. Sury stated that this resolution is to move the money from Solid Waste to Solid Waste Machinery and Equipment to pay for the brush chipper that was approved last month. The Town has the money and the matching grant; the money needs to be moved to that line item. Ms. Teibel motioned to adopt Resolution # 06-08-17. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None.
Staff -
Chief Frego stated that he was contacted by Town Marshall Robert Marine from Schneider, IN regarding the two surplus police vehicles that St. John has due to the purchase of three new squads. He stated that Mr. Marine asked if the Town would consider a donation of a vehicle to the Town of Schneider. The vehicle being considered is a 1997 Ford with 75,000 – 80,000 miles on it. If the vehicle were put up for auction or bid, the town would receive about $1,000 for it. Discussion ensued regarding the two vehicles and Mr. Marine inspecting both of them. This item was to be placed on next week’s agenda to approve the donation.

Chief Frego also mentioned that the department is in the process of establishing a police eligibility list. The prior list expired in March of this year. Application packets costing $30.00 are being handed out as of Tuesday; they have until the end of August to receive them. September 15th they are due back completed. Testing will proceed after the September 15th date every Saturday until complete. The test will be purchased by a company, Standard and Associates, that provides testing for police officers and will cost $12.50 per test and has been approved by the Police Commission. If the company corrects the test the cost will be $22.50 per test. Discussion ensued.

Ms. Teibel motioned to amend the agenda to encompass the Police application fee of $30.00 for the applications, $12.50 to be paid to Standard and Associates for the make up of the test per candidate with the stipulation that the Police Commission members will correct the tests. Seconded by Mr. Pearson. Motion unanimously passed.

Chief Willman –
None
Code Enforcer Mr. Mainwaring -
None

Public Comment

Mr. Joe Wachowski, 9012 Teal Place – stated that he has a group of six boys from St. John and that he will be running an elite travel team next year and would like to run the team out of St. John. He would need the big field at Civic Park a couple of nights during the week, (Tuesdays and Thursdays, for practice) Saturday and then five hours on Sunday for double-headers. Discussion ensued. He will provide a schedule and anticipates more boys from St. John participating. In exchange he will cut the grass two times a week and will upkeep the mound.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:21 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

08-24-2006 Town Council

August 24, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:02 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; Bob Pharazyn, Public Works Director; Chip Sobek, Parks Director and John Mainwaring, Code Enforcement Officer.

Approval of the minutes: July 20, 2006 Regular, July 27, 2006 Executive Session and July 27, 2006 Regular meeting minutes –

Ms. Teibel motioned to approve the minutes of the July 20, 2006 Regular Meeting, the July 27, 2006 Executive Session and the July 27, 2006 Regular meeting. Seconded by Mr. Pearson. Motion unanimously passed.

Public Hearings – Exhibit A

Ordinance #1426, consider annexation petition of Docter Estates -

Proofs of Publication – Mr. Austgen stated that the original proof of publication from the Times was not available. After review of the faxed copy of the publisher’s affidavit received from the Times and an original copy of the notice from the paper he stated that the publisher’s affidavit of the Times is in evidence indicating publication one time August 4th for the Notice of the Public Hearing, a petition for annexation. The publisher’s affidavit from the Post Tribune indicated publication on July 31, 2006, and that the public hearing notification requirements have been met. (Exhibit B – Times Proof of Publication received August 25, 2006)

Opening Remarks – Mr. Kil stated that this is a small parcel of property that lies just west of the Edgewood Subdivision off of Beall Street. He mentioned that the petitioner, Dr. Brandon Docter, is in the audience, that that he is going to be annexing the property in as R-1 and then proceeding through the subdivision process for a small three-lot subdivision.

Town Council Comments – None

Open to the Floor for Public Comment

Denise Peterson, 9244 Eggert Lane - stated that the property backs up to her and questioned the location of the proposed property to be annexed. She asked if the easement for utilities would go through her property and Mr. Kil explained the process and the notification that she would receive in relation to the subdivision process. He stated that the utilities and the easements have not been finalized yet and mentioned the possibility of approaching homeowners for easements and if unsuccessful, than the utilities would probably go through 93rd Avenue. Discussion ensued.

Belinda Ivetich 14576 93rd Avenue – stated that her property sits directly west of their property, across the street and asked how big the lots would be. She stated that she does think they are big enough to divide into three. Mr. Kil stated it is definitely big enough to do three lots and that it would be almost identical to the lots in Edgewood, between 15 – 20,000 sq. feet.

Elfine Fernandez, Biel Street – asked how this annexation would affect the people on that block of Beall Street. Mr. Fryzel stated that the town is not going after the property; the property owners have come to the town for annexation.

Closed to the Floor

Town Council Action – Mr. Pearson motioned to consider Ordinance #1426, on first reading only. Seconded by Ms. Teibel. Motion unanimously passed.

Ordinance #1425, proposed Budget for 2007 -
Proofs of Publication – Mr. Austgen stated that the publisher’s affidavit of the Post Tribune indicates publication two times, August 11th, August 18th. The original publisher’s affidavit from the Times is not in evidence, but has been provided with a faxed copy and it is not clear as to the dates the notice appeared in the paper. After review, he stated that it appeared that publication in the Times was made two times August 11th and August 18th. He suggested that the clerk issue a memo when the originals are received so that the public record can be supplemented; however, based upon the evidence provided the public hearing may be held. (Exhibit C – Times Proof of Publication received September 6, 2006)

Opening Remarks – Mr. Kil stated the total budget estimate for 2007 is $9,182,175.00 and that the budget is always published high, you cannot publish low. The normal and customary increase in the budget is actually just around 4% and the State has been decreasing that. We always go into the meetings with the State Board of Accounts and the DLGF with the hope they will get a little bit of a break meaning more of an increase for the towns’ growth factor as the town is one of the fastest growing communities in the State. Also, he stated that the State still is not on a regular budget payment basis

Town Council comments – None

Open to the floor for Public Comment – None

Closed to the Floor

Town Council Action – Mr. Pearson motioned to consider Ordinance #1425 on first reading only. Seconded by Ms. Teibel. Motion unanimously passed.

New Business

Resolution #06-08-24A, a fiscal plan for proposed annexation of “Fawn Meadow Estates” –
Ms. Teibel motioned to adopt Resolution #06-08-24A as submitted. Seconded by Mr. Barenie. Motion unanimously passed.
Ordinance #1422, annexation of certain real property known as “Fawn Meadow Estates” –
Ms. Teibel motioned to adopt Ordinance #1422. Seconded by Mr. Barenie. Motion unanimously passed.
Ordinance # 1419, an ordinance amending the Town Personnel Policy regarding IRS Taxable Fringe Benefits (previously deferred) –
Mr. Pearson motion to adopt Ordinance # 1419. Seconded by Mr. Barenie. Motion unanimously passed.
Proclamation – proclaiming the week of September 17th through September 23rd, 2006 as “Constitution Week” –
Mr. Fryzel read the proclamation. Ms. Teibel motioned to proclaim September 17th – 23rd as Constitution Week and authorize the Town Council President to sign. Seconded by Mr. Pearson. Motion unanimously passed.
Donation of used squad car to Town of Schneider, Indiana (1997 Ford Model LP71) –
Chief Frego stated that last week the Town Marshall, Bob Marine, viewed the two vehicles, the selection was made and the paperwork has been forwarded to Ms. Sury. Ms. Sury stated that the receipt for the donation and the title are ready. The Town Marshall needs to come in to the office and sign. Ms. Teibel motioned to approve the donation of the used police vehicle to the Town of Schneider. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution # 06-08-24, a resolution providing for reduction of appropriations for Cumulative Capital Improvement Fund –
Mr. Austgen stated that there was public notice of this and the record should reflect that. Notice of the Appropriation Reduction was published in the Post Tribune as evidenced by the publisher’s affidavit of that newspaper one time August 14th. And appears likewise to have been done in the Times, although the publisher’s affidavit is a fax copy of evidence of publication one time. This notice of the appropriation reduction is timely published, and consistent with the requirements of law. – Mr. Pearson motioned to adopt Resolution # 06-08-24. Seconded by Ms. Teibel. Motion unanimously passed. (Exhibit D – Times Proof of Publication received August 31, 2006)
Approval of Letter of Credit for The Gates of St. John Unit 8 in the amount of $422,678.45 (favorable recommendation from Plan Commission) –
Mr. Kil stated that the developer is having trouble getting the letter of credit, his banker is out of town. He requested that this item be deferred to the next meeting. Mr. Fryzel stated the item would be deferred until next month.

Reports & Correspondence

Town Council
Mr. Volk stated that the Bi-Town Animal Control contract ends in December and asked what has been done to prepare for an officer or training. Mr. Fryzel stated that this was included in the budget. Mr. Kil stated that he and the Chief of Police (animal control will work under the direction of the Police Dept) would prepare a position description, put an ad out and appoint an animal control officer for next year. The Town of Dyer is preparing an asset list that can be split up. Discussion ensued.

Mr. Volk also stated that he is not receiving his e-mail on the Town website. Ms. Teibel stated that there is a glitch and she will show him how to get around it. Discussion ensued regarding the efforts to get the problem resolved and that the e-mail was down.

Ms. Teibel stated that as the Town Council Liaison to the I.T. Department they want to get the imaging system set up in the Clerk’s office. She asked Ms. Sury if she received the memorandum requesting information to be forwarded and Ms. Sury stated that she just received the request. Discussion ensued as Ms Sury stated that she needed to explain to Ms. Fletcher how copies of the records could be supplied since the originals must be maintained in the Clerk’s office.

Mr. Fryzel stated that when the developers come in for commercial buildings in town they will be required to bring an additional set of plans that will be given to the Fire Chief. And budget wise, he requested that the Waterworks and Sanitary District Members also receive a copy of the budget for public works and the clerk’s office.

Clerk-Treasurer –
None
Staff
Mr. Pharazyn stated that he presented Mr. Kil with a memo prior to the meeting requesting authorization to complete the Larimer Park drainage project. The project has been on the books for the better part of four years. He recently received proposals from both B&D Sewer and St. John Plumbing. The project will better regulate the lake level in Larimer Park so the pond level does not back up into the resident’s private property. The lower proposal is in the amount of $38,000; he will need some additional funds. Mr. Kil stated the bid amount for St. John Plumbing was $48,967.00 and B&D Sewer was $36,413.00. Mr. Pharazyn stated that he uses different contractors for the landscape restoration, asphalt and concrete and he is not certain how much he will need because he will be tearing a culvert out from beneath Larimer Drive and will need to resurface the street. He figures an additional $8,000 will be needed. Ms. Teibel motioned to accept the proposal of $36,413.00 with an additional $8,000.00 added for a total of $44,413.00 for the Larimer Park drainage project to be paid from the Cumulative Sewer Fund. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Pharazyn stated that the Keilman Street drainage project has begun and he expects the project to be completed mid to late next week.

Chief Frego asked that the board amend last week’s motion to enable the testing company to grade the tests. Ms. Teibel motioned to add the $10.00 for correction purposes to the company awarded the application to pay for the correction (total cost $22.50). Seconded by Mr. Pearson. Motion unanimously passed.

Chief Frego referenced the two officers killed near Terre Haute. He stated that this group was at the St. John police station Monday to honor a fallen officer Town Marshall James Larimer and is part of the COPS group that is Companions of Police Survivors. In lieu of flowers they are requesting donations to this organization. Chief Frego requested that the Town Council approve that the St. John Police Department donate $400.00, $200.00 in each officers name to that group. The funds would come from the Police gift fund. Mr. Pearson motioned to approve the sum total of $400.00 for donation to the COPS fund on behalf of the officers involved; former Chief Gary Martin, Lake County and Lt. Gary Dudley, Indiana State Police. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Kil asked the Town Council to reimburse the Fire Department for their festival expenses in the amount of $7,618.00. He stated that cable TV money has been received and are in a position to reimburse the Volunteer Fire Department. He also asked the council to authorize payment to SBC or AT&T in the amount of $21,375.00 to satisfy the contractual obligation for the cabling of public works and town hall which is done. Mr. Barenie motioned to approve the above expenses and authorize the Clerk-Treasurer to pay those. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Kil stated that the first floor decking of the public safety facility is ready to be put on. The decking is made of Flexicore; however, the town is unable to get their shipment of Flexicore and will be unable to do so until September 18th. In the beginning of July the company went on strike for five weeks. Since that time 14 of the 24 employees did not come back. Discussion ensued.

Mr. Mainwaring provided an update on the status of the red drop boxes located at the Car Wash site and that they will be removed. He also mentioned that he is hosting a Code Enforcement Officers’ meeting on September 13.

Public Comment –

None

Payment of Bills for the Corporation -

#8682 - #8898 for $1,060,771.27 – Mr. Volk asked why there are so many escrow refunds about $70 – $80,000, some dating back over two years. Mr. Kil stated that they are trying to clean up their escrow account. This is an item that was discussed with the State Board of Accounts on a recent audit and that Mr. Austgen is going to prepare an opinion relating to the remaining money. Ms. Teibel motioned to approve vouchers #8682 - #8898 in the amount of $1,060,771.27 for payment of bills for the corporation. Seconded by Mr. Barenie. Motion unanimously passed.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

09-21-2006 Town Council

September 21, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; and John Mainwaring, Code Enforcement Officer. Absent were Bob Pharazyn, Public Works Director and Chip Sobek, Director of Parks and Recreation.

Public Hearings

Mr. Fryzel introduced Ms. Jeanann George from IDEM, stated that the public hearings being held tonight were scheduled and asked her to explain to the Council the need for this action.

Resolution #06-09-21, a resolution as required by the Indiana Department of Environmental Management Recycling Grant Program - Purchase of Wood Chipper.

Resolution #06-09-21A, a resolution as required by the Indiana Department of Environmental Management Recycling Grant Program - Purchase of Combination Leaf Vacuum and Street Sweeper.

Opening Remarks
Ms. George stated that the department wants to make sure that communities that are interested in seeking recycling grants for equipment consider whether or not the purchase of that equipment will displace non-government interests. IDEM requires all recycling grant applicants to give non-government interests the opportunity to comment about proposed recycling grant applications. A notification was sent to solid waste providers as well as commercial sweeping companies operating in northwest Indiana to advise them that the town was seeking a recycling grant for a combination leaf vacuum and street sweeper. Prior to passage of a recycling grant resolution, that IDEM also requires, IDEM asks that the council consider comments from potentially displaced non-public interests.
Public Comment
Ms. George asked if there were any potentially displaced non-public interests that would like to comment on the town’s intention to seek a recycling grant for a street sweeper. Ms. George asked that the record indicate that no one came forward to comment.

Ms. George stated that IDEM has a requirement of the recycling grant resolution; it speaks to the fact that the town has considered potential displacement and no displacement was expressed. The recycling grant resolution also commits the town to the matching cash that is required, it commits the town to accomplish grant funded activities within 12 months of the execution date of the grant agreement and also agrees to provide the required reports that IDEM has. This is the typical resolution that IDEM requires of all recycling grant applicants.

Mr. Kil stated that the matching money is contingent upon monies being receipted in from the Solid Waste Management District and if the money is not received they might need to postpone the grant.

Ms. George stated that at any point in the recycling grant process, a community could change its mind. Even after the agreement contracts basically have been signed. There is no penalty to a community to inform IDEM that it has chosen not to pursue recycling grant funded activity. If a resolution is not passed before September 29th the town will automatically not be considered for this round. She anticipates the town would not have the approval to spend the money until March of 2007 based on all the paperwork that is required once the grant is approved. The town would then have from the execution date of March 2007 through March 2008 to make grant funded purchases.

She also mentioned the maximum grant amount for the combination leaf vacuum and street sweeper to be $25,000. IDEM does not fund it at 50% because IDEM believes a street sweeper could be used year round. They will fund it for the period it is operating collecting leaves. An additional $5,000 is to fund a household educational brochure.

Ms. Teibel motioned to adopt Resolution #06-09-21. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Pearson motioned to adopt Resolution #06-09-21A. Seconded by Ms. Teibel. Motion unanimously passed.

New Business

Ordinance #1427, an ordinance creating St. John Fall Festival Special Revenue Non-Reverting Fund –
Mr. Austgen stated that there is a need to review all the Special Revenue Non-Reverting Fund Ordinances that were created for such events. He recommended that there be single ordinance prepared, that would meet SBA requirements. The ordinance would cover all the events and would eliminate the need to prepare a new ordinance and fund every time the community anticipated an event. Mr. Fryzel asked Mr. Austgen to prepare an all-encompassing ordinance and stated that since this function is coming up, this fund needed to be set up now.

Ms. Teibel motioned to consider Ordinance #1427 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Pearson motioned to adopt Ordinance #1427. Seconded by Ms. Teibel. Motion unanimously passed.

Consider Letter of Credit for The Gates of St. John – Pod #8, in the amount of $422,678.45 (favorable recommendation from Plan Commission) –
Mr. Volk asked Mr. Kil about the expiration date on the letter of credit. Explanation followed. Mr. Pearson motioned to accept the Letter of Credit in the amount of $422,678.45. Seconded by Mr. Barenie. Motion passed with 4 ayes and 1 abstention by Ms. Teibel.
Consider Ordinance #1428, re-zone of Crossing Creek Subdivision from R-1 Single Family Residential to R-2 Single Family Residential (favorable recommendation from Plan Commission) –
Mr. Volk stated that he still has some concerns about the three lots on 93rd Avenue and that he spoke with Mr. Faberbock from Robinson Engineering who advised that the soil borings are coming up clean. These lots were filled in from the spoils of the Lake Hills retention pond. Mr. Kil stated they don’t know if the three lots will be taken out of the floodway yet and is going to ask the developer to remove them from the subdivision. Discussion ensued, and Mr. Kil stated that he would ask Mr. Muenich to attend the meeting next week. Ms. Teibel motioned to defer this item to the meeting next week. Seconded by Mr. Pearson. Motion unanimously passed.
Ratification of Land Purchase Agreement with Northern Indiana Public Service Company (NIPSCO) for St. John Bike Trail –
Mr. Austgen stated that NIPSCO would be paid a minimal amount of money and that this is the last phase. It will permit the bike trail land acquisition process to be completed and the right-of-way certification to be issued to INDOT whereby INDOT can release this portion and move on to the funding. He referenced the time line and the letting process. Ms. Teibel motioned to ratify the agreement with NIPSCO. Seconded by Mr. Barenie. Motion unanimously passed.
Permission to use Public Works Facility for November 2006 Election Day –
Discussion ensued including the preparations needed at this facility the day before the election. Mr. Pearson motioned to authorize the use of the Public Works Facility for the Tuesday, November 7, 2006 election. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1425, an ordinance approving the 2007 Municipal Budget –
Ms. Teibel motioned to adopt Ordinance #1425. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #06-09-21B, resolution adopting the fiscal plan for Docter Estates –
Mr. Barenie motioned to adopt Resolution #06-09-21B. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1426, an ordinance annexing certain real property to the Town of St. John – Docter Estates –
Mr. Pearson motioned to adopt Ordinance #1426. Seconded by Ms. Teibel. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Volk asked for an update on the animal control negotiations. Discussion ensued. Mr. Fryzel stated that effective January 1st a retiring police officer from the St. John Police Department, Richard Conaway, will be taking the title of Animal Control Officer for the Town of St. John.
Clerk-Treasurer –
None
Staff
Mr. Kil mentioned the rainstorm last week and thanked everyone for their support.

Mr. Fryzel thanked all the departments for coming together and doing a great job during the storm.

Chief Frego read a letter into the record that he received from the Lake Central School Corporation thanking them for the donation of the police squad car, Exhibit A.

Mr. Mainwaring was requested to report on the Code Enforcement Luncheon. He stated that eight towns were represented, it was a success, the luncheons will be done quarterly and that Schererville will host the next one.

Chief Frego provided details for the scheduled retirement party that would be given for Officer Conaway.

Public Comment

Ray Vander Meer, THT Builders, 106th Court – stated that he is a builder in Weston Ridge and that his building permits have expired for his model houses located at 10680 and 10710 Northcote. He stated that he was not aware the permits needed to be renewed and requested that the $2,600.00 fees be waived. Discussion ensued. Mr. Fryzel stated that there is an ordinance in place that regulates the fees and licenses. Ms. Teibel motioned that the Town deny Mr. Vander Meer’s request for an exception to the Town Ordinance to waive the fees. Seconded by Mr. Pearson. Motion unanimously passed.

Roger Scott, 11732 105th Street – advised that there is an ongoing runoff problem on 105th Street (Homestead Village) and provided photographs. Discussion ensued. Mr. Fryzel stated the town engineer would look into the matter along with Mr. Pharazyn the next day.

Grace Olenick, 11721 West. 105th – stated that she is having the same problem as Mr. Scott. Since the new homes have been built behind them, there is a lot of water coming into their back yards. Discussion ensued. Mr. Fryzel stated that Mr. Faberbock and Mr. Pharazyn would also come out to her home the next day.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:43 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

09-28-2006 Town Council

September 28, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:02 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; Bob Pharazyn, Public Works Director; Chip Sobek, Director of Parks and Recreation; and John Mainwaring, Code Enforcement Officer.

Approval of the minutes: August 17, 2006 Regular and August 24, 2006 Regular meeting minutes –

Mr. Pearson motioned to approve the minutes of the August 17, 2006 Regular and the August 24, 2006 Regular meeting minutes. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Fryzel asked to amend the agenda to announce that Corporal Rick Conaway retired from the Police Department today and will be the new Animal Control Officer in January. Chief Frego, Mr. Fryzel and Mr. Pearson extended congratulations to Officer Conaway as they presented a plaque to him recognizing his dedicated years of service.

New Business

Consider the position description of Animal Control Officer –
Mr. Volk questioned why the position description jumps back and forth from animal control officer to code enforcement officer. Mr. Austgen stated that there are inconsistencies in the position description and they have 90 days to review it and make corrections. Discussion ensued regarding the maintenance of the shelter and the status of volunteers. Mr. Fryzel stated that Mr. Austgen would review this and they would defer this until the first meeting next month. Mr. Pearson motioned to defer this item to the first meeting next month. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Letter of Credit for Renaissance Subdivision – Unit 2, in the amount of $252,668.49 (favorable recommendation from Plan Commission) –
Ms. Teibel motioned to accept the Letter of Credit in the amount of $252,668.49. Seconded by Mr. Pearson. Motion unanimously passed.
Grant of Right to install sewer line for Derwin Neitzel of 13550 West 101st Avenue –
(Fees paid and the agreement executed by Mr. Myers, President of the Sanitary Board on September 18, 2006.) Mr. Pearson motioned to approve the Grant of Right for 13550 West 101st Avenue. Seconded by Ms. Teibel. Motion unanimously passed.
Grant of Right to install sewer line for W. Manchak of 8601 Christopher Drive –
(Fees paid and the agreement executed by Mr. Myers, President of the Sanitary Board on September 18, 2006.) Discussion ensued regarding the percentage of residents in this area that are connected to the Town’s system. Ms. Teibel motioned to approve the Grant of Right for 8601 Christopher Drive. Seconded by Mr. Pearson. Motion unanimously passed.
Approval of Change Order #1 and final payment of $18,306.63 to de Boer Egolf Corporation for the Forrest Drive Ditch Elimination Project –
Mr. Pearson motioned to approve the change order and for final payment of $18,306.63. Seconded by Ms. Teibel. Motion unanimously passed.
Consider Ordinance #1428, re-zone of Crossing Creek Subdivision from R-1 Single Family Residential to R-2 Single Family Residential (favorable recommendation from Plan Commission) –
Mr. Volk mentioned a homeowner who is concerned about the property being filled in that would bring more water to the front of their property which is already a flood plain. Discussion followed. Ms. Teibel motioned to adopt Ordinance #1428. Seconded by Mr. Pearson. Motion unanimously passed.
Resolution #06-09-28, a resolution authorizing addition of Animal Control Officer to PERF –
Ms. Teibel motioned to adopt Resolution #06-09-28. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1429, annexation of certain real property known as “Wachter Addition” –
Mr. Kil stated that this property is located between the Shrine parcel of property and the Weston Ridge subdivision, specifically a piece of property where the church is going to be built. He referenced the letter sent by Mr. Muenich that stated this property was inadvertently forgotten, needs to be annexed into the town and that a public hearing needs to be held. Ms. Teibel motioned to authorize a public hearing on October 26th for the annexation of certain property known as the Wachter Addition Ordinance #1429. Seconded by Mr. Barenie. Motion unanimously passed.
Ordinance #1420, establishing “Major Moves Construction Fund” –
Mr. Kil stated that the Town is going to receive just under $200,000 from the State from the sale of the toll-way. Discussion ensued regarding the uses of these funds and the need to establish a fund to deposit this money. Ms. Teibel motioned to consider Ordinance #1430 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1430. Seconded by Mr. Pearson. Motion unanimously passed.

Reports & Correspondence

Town Council –
Ms. Teibel provided an update on the preparations for the Halloween event and reported that the Haunted House is coming along splendidly.
Clerk-Treasurer –
Ms. Sury asked for a motion to amend the agenda and get approval to add three items: 1) The execution of the contract in the amount of $4,000 for the South Lake County Bus Service approved by Resolution; 2) The Grant of Right for Water and Sewer for Olthof Homes known as the Wein Property and 3) The Grant of Right for Water and Sewer for the Association for Protestant Reformed Education. Explanation of the agenda items provided by Ms. Sury, discussion ensued. Mr. Fryzel stated that he would like to defer the second and third items to the first meeting next month.

Ms. Teibel motioned to enter into the contract agreement with the South Lake County Community Services Incorporated for the period of October 1, 2006 to September 30, 2007. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Sury asked for permission to pursue a recycling program for used cell phones and ink cartridges with Waste Management and explained that the town would receive some money from Waste Management for the recycled items. Discussion ensued. The Council agreed Ms. Sury could research this matter.

Staff –
Mr. Pharazyn stated that the Keilman drainage project has been completed and they will be starting restoration shortly. The Larimer Park drainage project is basically complete as of today and he will begin the restoration this fall.

Mr. Sobek stated that the Town Council would consider the use of CDBG funds to put in the sidewalks at Heron Lake this fall and some of the patchwork on the entryway into the softball fields at Heartland Park with approval at the next meeting.

Public Comment

Mr. Bill Keith, 10455 W. 93rd Avenue – stated that he spoke with Mr. Frank Schilling about the flooding on Mr. Grimmer’s property, that he was not aware it was an issue and will pay attention to it now.

Payment of Bills for the Corporation Vouchers

#8899 – #9117 for $1,257,985.38 – Ms. Teibel motioned to accept vouchers #8899 – #9117 in the amount of $1,257,985.38 for the Corporation. Seconded by Mr. Pearson. Motion unanimously passed.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:35 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

10-19-2006 Town Council

October 19, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; and John Mainwaring, Code Enforcement Officer. Member Charles Pearson, Bob Pharazyn, Public Works Director and Chip Sobek, Director of Parks and Recreation were absent.

New Business

Consider Independent Contractor Consulting Agreement with JDM Consulting & Associates –
Mr. Austgen stated that he reviewed the contract, recommended that an insurance and indemnification clause be added to the document and that the contract could be acted on. Ms. Teibel motioned to accept the contract with JDM Consulting & Associates and to authorize the Town Council to execute such and to include the insurance and indemnification clause. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Consider the position description of Animal Control Officer –
Ms. Teibel motioned to approve the position description of the Animal Control Officer. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Consider award of 2006 CDBG Project –
Mr. Kil stated that this is the same award as previous years, bids have been sent out for concrete and asphalt work. This year’s allocation is $24,543.75. He recommend that the project be awarded to the lowest bidder, Burrink Concrete with the bid of $4.25 per square foot, not to exceed the maximum allocation. The award is for all for sidewalk work in the town’s parks; there will be no asphalt work done. Ms. Teibel motioned to award the bid to Burrink Concrete with a unit price of $4.25 a square foot, to reject the asphalt bid, and have that motion not to exceed the maximum allocation. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Resolution #06-10-29, a resolution providing for the additional appropriation of various funds –
Ms. Teibel motioned to adopt Resolution #06-10-19. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0. Mr. Austgen stated that a public hearing is required for this motion, verified the publisher’s affidavit from the Post Tribune on October 6, 2006 (Times – October 9, 2006, also in evidence) and suggested Mr. Fryzel ask for citizen input. Mr. Fryzel asked the audience if they had any questions on this item. There was no response. Ms. Teibel motioned to ratify the action of approval of the motion. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Consider Letter of Credit for Three Springs Development – Phase 2 in the amount of $934,290.28 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to accept the Letter of Credit in the amount of $934,290.28. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Consider Letter of Credit for The Gates of St. John – Unit 11A & 12A in the amount of $879,193.29 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to accept the Letter of Credit in the amount of $879,193.29. Due to the lack of a second, this item is tabled until the next agenda.
Ratification of payment of “escrow monies” and authorization of payment to NIPSCO for the purchase of certain real property –
Mr. Kil stated that this is the last parcel of property to be acquired before they can go to letting. An escrow agreement has been signed with NIPSCO, the property has been properly appraised, INDOT and the Federal Highway Administration has signed off on it, and $5,000.00 has been sent to Chicago Title as escrow money pursuant to the agreement. The total purchase price of the property is $9,100.00. The action tonight would approve the payment of the escrow and to authorize the actual purchase of the property. Ms. Teibel motioned to ratify the payment of escrow monies and authorize the payment to NIPSCO for the purchase of certain real property for the construction of the St. John Bike Trail in the amount of $9,100.00. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Consider Grant of Right to install / extend utilities to property located at the northwest corner of Blaine and 101st Avenue (favorable recommendation from the Utility District) –
Mr. Kil stated that this property is not contiguous to the Town and that the developer plans to do a extension to the development as another unit of Grouse Point. Mr. Fryzel stated that he would like to see the plans for the development and discussion ensued. Ms. Teibel motioned to defer. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Consider Grant of Right to install / extend utilities to Protestant Reformed Educational Facility (favorable recommendation from the Utility District) –
Mr. Kil stated that he does not have any plans for what they are building. This is an educational facility for a grade school and high school. It is on the west side of Calumet Avenue on the north side of 109th. The school would have to extend the utilities from where Silverleaf meets 109th down 109th to Calumet, roughly about half a mile. Ms. Teibel motioned to defer this item until the Council sees the plans for the property. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Consider release of Maintenance Bond for Meyers Development (Public Works Department documentation attached) –
Mr. Kil stated that Tom Redar did the final inspection and the bond can be released. Ms. Teibel motioned to approve the release of bond #5983513 in the amount of $8,325.00. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Consider start up monies for the St. John Fall Festival / Spooktacular –
Ms. Sury stated that this is the startup bank so they will be able to make change for the event. Ms. Teibel motioned to authorize start up monies not to exceed $500.00 for the St. John Fall Festival / Spooktacular. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council
Ms. Teibel reminded everyone that the First Annual Fall Festival / Spooktacular starts tomorrow night at 6:00 with opening of the Haunted House which will continue through October 31st Halloween night. There will be a Fall Festival for the younger children the weekend before Halloween, non-threatening Halloween adventures, haunted houses are for adults, and festivals are for children. Everyone is invited to check it out.

Chief Frego announced the Halloween hours will be from 5:00 P.M. – 7:00 P.M. on Halloween night, October 31, 2006 and he will meet with Janet Dominguez to set up the parade route.

Clerk-Treasurer –
None
Staff
Mr. Kil provided an update on the Public Safety facility and stated that the second deck of flexicore is installed and was delivered on time. The roof should be on by the first of November (sheeted not shingles) so the building can be heated. Everyone is working hard and that they are a touch behind schedule and it is anticipated that they should open on May 18th, 2007.

Public Comment

Ms. Brooke Conaway, 9767 Hart Street – stated that she was speaking for herself and her married sister, Meredith Bickell of 9765 Hart Street. She stated that there are many problems at their addresses and their concerns tonight include the drainage project in their back yard at the Three Springs subdivision and about Dave Barrick. Currently he is not using any erosion control on the properties he is working on across the street from their houses. Mr. Fryzel asked if she was referencing the silt fences, and the response was yes. She stated that he is using the silt fences further south of them and believes he is doing this to irritate them because they have lawsuits against him and wanted this addressed. It seems whenever she calls in, things are pretty much ignored so she is bringing it to the Council’s attention tonight. They had a problem with him just a couple of days ago on October 12th and called the Police Department. She stated that she has children living with her that play in her front yard with neighborhood children, the back yard is not sodded, and Mr. Barrick feels he can speak to them and the children whenever her feels like it using very foul language. The incident was a ball going onto property he just sodded and believes that if her yard was sodded this problem would go away. She stated that she has gotten her own estimate to sod her back yard from RAL Landscaping for $6,297.36, which is good for 30 days, because the price will go up in the spring and has contacted other landscapers but they are either unavailable or have conflicts. A letter from her attorney dated 01/24/06 was referenced that was sent to Mr. Kil that stated what was agreed to with the town regarding what would be happening in their back yard.

Mr. Kil stated that he has been out there countless times. When Mr. Barrick was ready to sod the property, Brooke Conaway demanded that he leave the property immediately. Mr. Mainwaring was with him at this time. Mr. Kil tried to tell Ms. Conaway they were ready to sod and complete the project and she said absolutely not. Mr. Kil instructed Mr. Barrick to leave the property pursuant to her request and not to return because she demanded that everyone leave. Mr. Kil told her they were there to do the work, Mr. Barrick is there to complete it, they are in the final stages of the project and they were not coming back. Ms. Conaway said fine.

Ms. Conaway said that she called the police at that time and asked Mr. Kil not to talk to Mr. Barrick until the police arrived and Mr. Kil went back there anyway. Eric Anderson arrived five minutes later, made a police report, everything is documented and this occurred on August 15th. Discussion ensued.

Mr. Fryzel stated that they were there to do the work. He asked if the problem she had was because Mr. Barrick showed up on her property and she was unaware that he was going to be there. She stated that she did not want him on her property due to the pending litigation she has with Mr. Barrick.

Mr. Kil asked Ms. Conaway to read the letter from her attorney. She read “this will be regrading and planting of the properties at the full expense of Barrick Builders”. Mr. Kil stated it did not say who would be doing the regrading; they are doing it at their sole expense.

Ms. Conaway said on April 20th Mr. Kil gave her the new grading plan and told her that Snow Excavation would be doing the work. Mr. Kil also told her that Barrick would be responsible for footing the bill and making sure that the landscaping would be done. Mr. Kil did not know nor did he think Mr. Barrick was capable of doing the actual sodding due to his physical imparities. Discussion ensued. Mr. Kil stated that Mr. Barrick was the only one capable of operating the equipment to move the sod to the back yard, to allow the laborers to install the sod. Mr. Barrick was not physically installing sod on the property.

Mr. Fryzel stated that Mr. Barrick would sod the property like he was supposed to. He has to do this for the town because they told him about the drainage problem. He had to fix this problem, he has to sod the yard and not be on the property. Have his guy sod the yard for him. Because of the litigation he should not be on the property in the first place. It is a separate issue with the town and his concern is that the town take care of the issue they have with the drainage and getting the sod in there. That’s it.

Mr. Kil asked that the town attorney be involved with him. Ms. Conaway stated they have a conflict of interest with the attorney because she hired him to begin with. Mr. Austgen stated she did not hire him. Ms. Conaway stated she hired his firm. Discussion ensued.

Ms. Meredith Bickell, 9765 Hart Street – she wanted to state for the record that she met with Steve Kill, brought videotape and has had several conversations with him. From the get go Mr. Kil said Mr. Barrick himself would not sod the property that he was to hire a landscaper. That is why she personally agreed to go ahead and have the town take care of the problem. She asked that the town confirm this in a letter, which did not happen. Mr. Fryzel stated this was confirmed in the letter from their attorney. He also stated they will get their sod and Mr. Barrick will not be on the property.

Mr. Mike Forbes, 12466 West 105th Place – stated that a few months ago a resident complained about (garbage) juice on the street and it seemed that immediately following the complaint from that resident, White Oak Manor got inundated. The streets in White Oak Manor are just awful and it seems that whenever someone complains, the problem moves to another part of town. Mr. Fryzel asked Mr. Kil to have the area power washed. Discussion ensued. Mr. Kil asked the council to authorize the re-bid of the waste contract along with the anticipated opening of the bids to be in December. Ms. Teibel motioned to authorize the re-bid of the waste contract. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.

Mr. Forbes also asked if there has been an accounting of the St. John Family Fest at the Ice Arena for this year. Ms. Sury stated that they have one report and that it needed to be updated. The Fire Department has now been reimbursed and that the report could be completed now and distributed to the Council. Mr. Forbes could then make a public information request for the information.

Mr. Mainwaring stated that he received several complaints about the trucks and has taken pictures of some of the spots the trucks have been leaving on the streets. Mr. Fryzel stated that if Mr. Mainwaring sees a truck leaking, they should shut the truck down and have it removed from the town. Mr. Mainwaring stated that the foreman told them that they would come out and power wash and this has not happened. Mr. Kil stated that in the past, he has withheld payment until they power wash. Mr. Fryzel asked that the town withhold this month’s payment and he will personally notify Ms. Sury when payment can be released.

Adjournment –

Mr. Barenie motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:40 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

10-26-2006 Town Council

October 26, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; Bob Pharazyn, Public Works Director; and Chip Sobek, Director of Parks and Recreation. Absent was Member Gregory Volk.

Approval of the minutes: September 21, 2006 Executive Session, September 21, 2006 Regular, and September 28, 2006 Regular Meeting minutes –

Ms. Teibel motioned to approve the minutes of the September 21, 2006 Executive Session and the September 21st and September 28th, 2006 Regular Session Meeting minutes. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

Public Hearings

Ordinance #1429, consider annexation petition of Wachter Addition
Proofs of Publication –
Mr. Austgen stated that the Proofs of Publication were in order and that the original publisher’s affidavits, the Post-Tribune and The Times, indicate timely publication one time in each.

Mr. Muenich provided the opening remarks, distributed a handout, and stated that he represents Ray and Marilyn Wachter and Frank E. and Shirley M. Schilling. He referenced a map from the Lake County Tract Book, provided background on the property owners and the relationship of the prayer trail on the property. The area for annexation was described to be like a pie slice triangle and asked for a waiver of the posting of a sign, the parcel is 1320 feet from Rt. 41. Discussion ensued and Mr. Austgen recommended a waiver of this sign posting on the parcel.

Town Council comments –
None
Open to the Floor for Public Comment
Michael Forbes, 12466 West 105th Place – questioned the zoning, discussion ensued. He stated that he thought it was another parcel and had no remonstrance against this annexation.
Closed to the Floor

Mr. Pearson motioned to consider Ordinance #1429 on first reading. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.

Mr. Pearson motioned to grant a waiver to the posting of a sign in the parcel. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.

New Business

Consider Letter of Credit for The Gates of St. John – Unit 11A & 12A in the amount of $879,193.29 (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to accept the Letter of Credit in the amount of $879,193.29. Seconded by Mr. Pearson. Motion passed with three ayes and one abstention by Ms. Teibel.
Consider Grant of Right to install / extend utilities to property located at the northwest corner of Blaine and 101st Avenue (favorable recommendation from the Utility District) –
Mr. Fryzel stated that there is a request from Olthof to defer this item to next month. Ms. Teibel motioned to defer to next month. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.
Consider Grant of Right to install / extend utilities to Protestant Reformed Educational Facility (favorable recommendation from the Utility District) –
Mr. Van Drunen addressed the Council. He stated that they are currently underway on construction on the corner of 109th and Calumet Avenue. Initially when they were investigating the project, the access to the sewer and water was too far away, it was not feasible. They went after well and septic and have received approval for that. Subsequent to that Silver Leaf subdivision started and brought those utilities closer to them and they believe it is now feasible to connect on to those and is requesting to do that now. Mr. Fryzel asked to see the drawings of the facility. Mr. Van Drunen showed the Council the drawings of the elevations for the proposed buildings. Ms. Teibel motioned to authorize the extension of utilities and authorize the Town Council President to execute the agreement. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.
Consider hiring of “temp service” in Clerk’s Office for employee on FMLA Leave -
Ms. Sury stated that one of her clerk’s, Gina Miner, requested family leave. While she is gone Ms. Sury needs to fill the position with a temporary clerk who would receipt in payments, have a cash drawer, post the utility bills and be paid through the utilities. Mr. Fryzel asked how much the temporary agency would charge and how much it would cost if a town resident were hired part time. Discussion ensued regarding the possibility of associated fees to be paid to Wimmer Temporaries, Inc. in the event this individual in this part time position would become full time in January of 2007. Also discussed was the intention of hiring a full time person the beginning of the year and confirmed. Mr. Pearson motioned to authorize the Clerk-Treasurer to utilize a temporary service company for the 90-day contract. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Consider Grant of Right to install / extend sewer line to property located at 12408 West 85th Avenue (favorable recommendation from the Sanitary District Board) –
Ms. Sury stated that this couple (Michael & Diane Pidrak) already have town water, they are requesting to connect to the sewer lines due to special circumstances with their septic system and the costs involved. A representative from Public Works went to the property, confirmed the feasibility for the extension and the $25.00 fee has been paid. If approved tonight they will pay the remainder of the fees tomorrow. Ms. Teibel motioned to authorize the extension of the sanitary sewer and authorize the Town Council President to authorize the agreement. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council
Mr. Pearson complimented the Halloween Committee for the Haunted House and stated that it was just spectacular. Ms. Teibel stated that they received a lot of compliments and that there was good press. Mr. Pearson also complimented the good job performed by the Public Works employees.

Ms. Teibel stated that as liaison to the IT Department, she has received phone calls inquiring why the minutes of the meetings are not being loaded onto the website. The minutes need to be stored on the local network. After any board or commission approves their minutes they can be uploaded to the town’s website. Ms. Sury stated that hers have been stored there and discussion ensued. Ms. Tina Fletcher will contact the individuals to train them to upload to the F drive.

Clerk-Treasurer –
None
Staff
Mr. Kil reported that along with Chief Frego they met with the Dyer Town Manager and Chief of Police, and the Bi-town Animal Control Officer to separate the assets of the Bi-town Animal Control. That meeting was successful; they have since received the final list of the equipment to be distributed to the two communities with the attached values. The list is in the Council member’s mail and requested that this item be on next month’s Town Council agenda.

Mr. Kil also stated that the Safety Village is up, operating and going very well. Both Mr. Kil and Chief Frego sit on the board. There is an amendment to the by-laws that will appear before the Council in November as well as a request for next year for all the towns to get together and each donate $5,000.00 for the construction of a Town Hall in the Village.

Chief Frego added that there was a meeting with the Chief’s of Police. The Police Station in the Village is now under construction. The exterior has been completed. A meeting will be held next Thursday to discuss the interior design. They anticipate to be fully operational in the beginning of the 2007/2008 school year with 3-4 groups coming through per week for 4-hour sessions. The will meet with Lake Central School Corporation’s Curriculum Director to be part of the field trip process.

Mr. Fryzel thanked all the members from the town for taking all the time and making it personal and making sure everything is done right.

Mr. Pharazyn mentioned that a resident from 105th Avenue appeared before the council about two months ago. He had some concerns with the amount of storm water that was flowing from his back property. Mr. Pharazyn stated that he corrected the problem with the addition of a couple of manholes. There is still some rear yard grading to redo but they were able to make that repair. Mr. Fryzel asked about the one across the street from Weston. Mr. Pharazyn stated that he met with the excavator that did the rough grading work in that subdivision, Mr. Larry Nelson from Nelson Excavating. He agreed to reinstall a swail in the rear yard that should solve the majority of that problem. Erosion occurred in the year and a half the area has been under construction. He has not verified that the work has been completed and will do so. They also spent some time with the residents explaining some of the problem could be corrected with some steps they could very simply take that were issues on their property. Between the two things happening, their problems should be solved also.

Payment of Bills for the Corporation –

Ms. Teibel motioned to pay vouchers #9118-#9283 in the amount of $1,032,905.66 for the Corporation. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

Public Comment

Mr. Michael Forbes, 12466 West 105th Place – asked what action the Council took in relation to the request of the extension of utilities at 101st and Blaine. Mr. Fryzel stated that Mr. Olthof requested this be deferred to next month. Mr. Forbes asked if the extension of utilities for the South Holland School at 109th was approved and if there was any agreement in place that they would follow our developmental standards (sewer, water, roads, parking lots, etc.) Mr. Fryzel stated that they went before the utility district for approval. Discussion ensued. Mr. Pharazyn stated they were not told they had to follow these standards; they approached the district at the 11th hour for sewer and water once they realized it was attainable and they are within the district, which enabled them to petition.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:30 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

11-16-2006 Town Council

November 16, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:01 p.m. Girl Scout Troop 561 presented the flag and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego, Fire Chief Fred Willman and John Mainwaring, Code Enforcement Officer. Absent were Bob Pharazyn, Public Works Director and Chip Sobek, Director of Parks and Recreation.

Approval of the minutes: October 19, 2006 and October 26, 2006 Regular Meeting minutes –

Ms. Teibel motioned to approve the minutes of October 19 and October 26th as read. Seconded by Mr. Pearson. Motion passed with 4 yeas and one abstention by Mr. Volk, (absent the October 26th meeting).

Presentation: Certificates of Appreciation for Service at 2006 Fall Fest / Spooktacular –

Ms. Teibel presented the participants (Exhibit A) with Certificates of Appreciation while a CD of the event was shown in the background.

Old Business –

None

New Business

Ordinance #1431, amending Open Burning regulations –
Mr. Volk referenced Ordinance #709 and asked what was changed that is in this amended ordinance. Mr. Austgen stated that this ordinance was prepared to conform to the current regulations of IDEM as a consequence of the grant recycling applications that have been made. Ms. Teibel motioned to consider Ordinance #1431 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1431. Seconded by Mr. Barenie. Motion unanimously passed.

Resolution #06-11-16, a resolution amending the Bi-Laws of the Quad Town Safety Village –
Mr. Kil stated that the attorney for the Quad Town Safety Village revisited all the by-laws and the articles of incorporation. Fundamentally what this accomplishes is that the initial membership of the Quad Town Safety Village now from the four communities will be the Chief of Police, the Fire Chief and the Town Council President or their designee (which Mr. Kil expects will be him and the other Town Managers). This group of 12 individuals can then select 12 citizen appointments (three from each community). Basically, the Town Councils are going to recommend who they want to sit on the board with the 12 appointments. It also brings a quorum to do business down to eight. Mr. Pearson motioned to adopt Resolution #06-11-16. Seconded by Mr. Barenie. Motion unanimously passed.
Division of Bi-Town Animal Control equipment as agreed by Animal Control Board on October 24, 2006 –
Mr. Fryzel referenced the breakdown of the property and mentioned the division regarding two chemical mobilization units, rifle and a pistol. The two mobilization units, rifle and pistol St. John is receiving as noted by Jane of Animal Control, inherited from Tri-Town, and may not be operable. The two units that Dyer is receiving are listed as operable and have a value attached to them. He suggested that each community receives one item that is operable and one that is inoperable. Mr. Kil stated that he spoke with the Dyer Town Manager and each community will receive an operable item. Discussion ensued. Ms. Teibel motioned to ratify the Division of Assets of the Bi-Town Animal Control Department with the stipulation that the Town of St. John is to receive #1 listed chemical immobilization pistol and rifle inherited from the Bi-Town Animal. Seconded by Mr. Pearson. Motion unanimously passed.
Ordinance #1432, an ordinance regulating Storm Water Drainage (amending SCO #1252) –
Mr. Austgen stated that this is the ordinance that establishes the councils rules and regulations under Rules 5 and Rule 13 of the Indiana Administrative Code related to Storm Drainage Control. There is a mandate that there be an upgrade and implementation of regulations related to storm runoff and control and management of that storm water on improved parcels of real estate. This is supplemental to the design criteria within the Subdivision Control Ordinance. He also mentioned the ordinance is a technical document and is mostly engineering and the document is engineering driven. It has been provided to the town engineering consultant. Ms. Teibel motioned to consider Ordinance #1432 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1432. Seconded by Mr. Pearson. Motion unanimously passed.

Ordinance #1433, an ordinance amending Ordinance #1308 pertaining to Credit Card Usage Regulations –
Mr. Austgen stated that this is an ordinance that updates and upgrades the Credit Card Usage Regulations of the town based on the report of the State Board of Accounts in its most recent Bi-annual audit. The clarification, simplification, stream-lining of the process consistent with the rules and regulations of the State Board of Accounts for credit card usage has been implemented into this ordinance and primarily so that use of a credit card is not limited to emergency. So they can be used in proper fashion for the proper and lawful government services uses on a regular and on-going basis subject to the controls set forth for same. Mr. Kil clarified that many purchases are being made on the web, especially the Public Works Department. It is with vendors with which they don’t have a relationship set up with where they are on a billing cycle and that would cover instances such as this. We are becoming technology driven now and it will help out in that regard. Mr. Volk asked to defer this and mentioned that no one has had a chance to read the ordinance yet. Mr. Fryzel stated that this is for first reading and that he could have time in between for this. Mr. Barenie motioned to consider Ordinance #1433 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1433. Seconded by Mr. Barenie. Motion passed with 4 yeas and one abstention by Mr. Volk.

Ordinance #1434, an ordinance amending Ordinance #1213 pertaining to Municipal Purchasing Regulations –
Mr. Austgen stated that this is also a regulation or legislation item resulting from the State Board of Accounts audit and in particular so that the practical needs of your department heads can be met in the purchasing activities. Presently and this is a much scrutinied regulation, it has had a number of ordinances over the years and it seems be a yo-yo type of perception as to what is an appropriate threshold for the department heads and their purchasing activities. This particular ordinance amends the amount of permitted expenditure by the department heads to $15,000. Essentially upgrading it from a $1,200 number. There would be a submittal to the Town Manager for approval, if approved by the Town Manager the purchase order would be submitted to the Clerk-Treasurer. Between $15,000 and $25,000 a similar procedure but three Town Council members would be required for approval and between $25,000 and $75,000 quotations are required. This is to address present day needs and circumstances given the significant activities of your departments on behalf of the residents of this town. Ms. Teibel motioned to consider Ordinance #1434 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1434. Seconded by Mr. Barenie. Motion passed with 4 yeas and one abstention by Mr. Volk.

Mr. Fryzel asked Mr. Austgen if this would take care of both of the items for compliance with the State Board of Accounts. Mr. Austgen responded that this would take care of the items referencing this matter and added that there are a couple of items to complete yet.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff
Chief Frego mentioned that the excess squad given to Schneider was picked up and some additional major mechanical problems were found. The frame was cracked so it is a junk vehicle and that the car will be used for spare parts. The Town of St. John has another 1997 Ford Crown Victoria and he would like to donate the squad with approval of the Town Council to the Town of Schneider Police Department. Discussion ensued. Ms. Teibel motioned to honor Chief Frego’s request and give the second 1997 Crown Victoria to Schneider to replace the first 1997 Crown Victoria that is inoperable. Seconded by Mr. Barenie. Motion unanimously passed.

Chief Willman thanked the Town Council for passing the Open Burning Ordinance.

Mr. Kil mentioned that the Safety Village is holding a fundraiser tomorrow night and a dinner/dance fundraiser will be held in February. He also gave a construction update. Through the end of October there were 253 residential permits issued, five commercial permits and one industrial permit. The fees collected so far this year are $2,104,950.26 through October.

Mr. Kil also stated that the Senate enacted Senate Enroll Act 55 extending the drop for the members of the 1997 fund. He asked Mr. Austgen for clarification. There are two officers that expressed interest in this. Discussion ensued.

Public Comment

Mr. Michael Forbes, 12466 West 105th Place – Stated that he recently had an opportunity to talk to several people regarding safety concerns at Lincoln School on Route 231. Concerns were expressed regarding children while they were in school and while they were crossing 109th. Mr. Forbes thought a way to protect the children would be to annex the school into the town so the Police Department would have a presence and be the first responders. Mr. Fryzel stated that the Lake County Police and the St. John Fire Department are the first responders. He also mentioned the St. John Police Department always goes to the calls as well. Mr. Forbes stated that he believes that by having the calls coming directly to the St. John Police Department it would be much better. Mr. Fryzel stated that the request for annexation must come from the school and this Board has not received a request for annexation. Discussion ensued.

Tim Boyle, 8442 Magnolia – Mentioned that his developer said a park was to be built in his subdivision when he purchased the lot. He has since been told that an ordinance was passed giving an amount of money per lot to the Parks Department for parks. He asked what ordinance was in effect for his property referencing the phases of this subdivision. Mr. Kil answered that the only place there is a park in Kilkenny is the land that was donated which is adjacent to Edgewood Park. He added that Kilkenny was just in front of the Plan Commission. Mr. Boyle asked if a pathway could be made to the park. Mr. Kil stated that there is a preliminary plan that has been approved in concept by the Plan Commission and they are waiting on the developer. Discussion ensued. Mr. Fryzel referenced the Lake Hills development, which was not allowed to go to the next phase until all commitment for parks and sidewalks had been met. He added that he would meet with Mr. Kil and Mr. Kennedy, the developer, on this matter.

Mr. Volk requested the status of the eastside annexation (Tiburon & Grouse Pointe). Mr. Kill stated that they are in the process of gathering all the parcel data and all the assessed value data. Discussion ensued.

Payment of Bills –

Mr. Barenie motioned to approve the November 16, 2006 docket for accounts payable vouchers #9284 - #9507 for $649,945.97. Seconded by Mr. Pearson. Motion unanimously passed.

Adjournment –

Mr. Fryzel adjourned the meeting at 7:45 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

12-21-2006 Town Council

December 21, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Gregory Volk, Member; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; Bob Pharazyn, Public Works Director; and John Mainwaring, Code Enforcement Officer. Absent was Chip Sobek, Director of Parks and Recreation.

Swearing-In of Reserve Police Officer Rick Conaway -

Ms. Sury administered the oath to Reserve Police Officer Conaway.

Bid Opening – Town Refuse and Recycling Collection –

(Bids were accepted until the 7:00 p.m. date and time so advertised in the legal notices.) Mr. Austgen stated that Proof of Publication was made in the Post Tribune timely as evidenced by the Publishers’ Affidavit and likewise in The Times as evidenced by the Publishers’ Affidavit. Ms. Sury announced that only one bid was received and presented the bid package to Mr. Austgen to open and review. Mr. Austgen stated that the bid was in order after his review of the Form 96, the Bid Bond, Certificate of Insurance, Non-Collusion Affidavit and read the bid summary into the record, Exhibit A.

Mr. Pearson motioned to take the bid under advisement. Seconded by Mr. Barenie. Motion unanimously passed.

New Business

Ordinance #1435, the 2007 Salary Ordinance -
Ms. Teibel motioned to consider Ordinance #1435 on first reading. Seconded by Mr. Pearson. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1435. Seconded by Mr. Pearson. Motion unanimously passed.

Resolution #06-12-21, a resolution to transfer funds within a category of appropriations -
Ms. Teibel motioned to adopt Resolution #06-12-21. Seconded by Mr. Pearson. Motion unanimously passed.
Letter of Credit for North Point – Unit 2 in the amount of $86,819.37 (favorable recommendation from Plan Commission) -
Mr. Pearson motioned to approve the Letter of Credit for North Point – Unit 2 in the amount of $86,819.37. Seconded by Mr. Barenie. Motion unanimously passed.
Letter of Credit for Martins Addition in the amount of $534,135.25 (favorable recommendation from Plan Commission) -
Mr. Barenie motioned to approve the Letter of Credit for Martins Addition in the amount of $534,135.25. Seconded by Mr. Pearson. Motion passed with four ayes and one abstention by Ms. Teibel.
Ordinance #1438, an ordinance reclassifying certain property within the Town of St. John from R-2 Residential to B-3 Highway Commercial –
Petitioners: Midco / Whiteco St. John LLC (favorable recommendation from Plan Commission) – Mr. Jim Wieser, Attorney representing the petitioner, gave an overview of the property location and addressed several issues including; proof of ownership, form of ordinance and a written zoning commitment which describes the property. He stated what they are attempting to do, and referenced the list of prohibited uses. Their proposal is keeping with the Town’s comprehensive plan and to attract high quality retailers. There have been 156 serious inquiries and they believe they meet the criteria of the Plan Commission. Discussion ensued regarding the buffer zone and the number of businesses per building. Mr. Wieser read a list of the types of retail stores that the developer does not want in the mall.
Public Comment
Mr. Harold Yorke, 10802 Schneider Place – stated that he is against the development because it would be putting a commercial development in his backyard, he is concerned about the negative impact this would have on the subdivision in terms of traffic, crime and litter. He would like to maintain the quality of life he has had in the subdivision for a number of years.

Mr. Tom Hausier, 10784 Schneider Place – read a statement prepared by his wife referencing the Plan Commission meeting the developer attended. The statement stressed the neighborhood and family atmosphere of the subdivision and also mentioned the developer has made settlement offers to purchase several homeowners property in that subdivision. The Hausiers operate their business, Dyno Jump, from their home.

Mr. Roger Scott, 11732 West 105th Street – stated that he attended the September 21st meeting and presented photographs to the Council of his backyard after medium to heavy rainstorms. Mr. Kil and Mr. Pharazyn came out to his house, followed by contractors, a plan was set, remedial action was taken, and he would like to thank the Council. He will see what happens in the spring rains.

General discussion followed regarding the distance between the buildings, the proposed site plan, the buffer zone and the Lee Residence. Mr. Kill stated that the access to Schneider Place would not change.

Mr. Frank Guzenski, 10832 Schneider Place – stated that the property previously referenced is just north of him and is a slum in his opinion. The town has taken the owner to court twice and nothing has been done. He called the health department who said it is the town’s problem. Discussion ensued, (tape inaudible). He asked with whom the contract is with, the house is deserted.

Mr. Hausier’s stated that his understanding is that the detention pond is runoff water from the parking lot. Most of the homes in the subdivision have private wells, do not have town water, and their concern is about the runoff from many cars and their wells. Discussion ensued.

Mr. Wieser stated that he is not able to answer subdivision questions now because nothing has been engineered which does not happen until the property is rezoned.

Ms. Teibel motioned to adopt Ordinance #1438 with the stipulation of an adequate quality buffer zone (tape inaudible) and with the entry of the Zoning Commitment as presented in form and content acceptable to your terms. Seconded by Mr. Pearson. Motion unanimously passed.

Consider Ordinance #1436, amending Ordinance #839 regarding Business and Industrial Use Regulations (favorable recommendation from Plan Commission) -
Mr. Pearson motioned to adopt Ordinance #1436. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Ordinance #1437, amending Ordinance #1243 regarding Fees for Recycling Containers –
Mr. Barenie motioned to consider Ordinance #1437. Seconded by Mr. Pearson. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1437. Seconded by Mr. Pearson. Motion unanimously passed.

Consider Grant of Right to install / extend utilities to property located at the northwest corner of Blaine and 101st Avenue (favorable recommendation from the Utility District) –
Mr. Kill stated that this area will have single family residences that are identical to the size of the homes in Grouse Point, it is an extension of that subdivision. Mr. Volk asked about the status of annexation (Tiburon, Grouse Point, and the Baacke Farm). Discussion ensued. Ms. Teibel motioned to approve/authorize the extension of utilities and to authorize the Town Council President to execute the agreements. Seconded by Mr. Pearson. Motion passed with four ayes and one nay by Mr. Volk.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
Ms. Sury stated that she received a thank you note from the Town of Schneider for the police vehicle that was donated and also asked for permission to close the Clerk’s office to the public on the last working day of the month, Friday, December 29th to close out the books. Mr. Pearson motioned to allow the Clerk’s office to close to the public on Friday, December 29th. Seconded by Ms. Teibel. Motion unanimously passed.
Staff
Mr. Kil read a letter from a resident, Vera Dimovski, 9934 Hedwig Drive thanking the town for the activities in town that they attended with their grandchildren (Christmas in the Park and the Police/Fire open house).

Mr. Barenie reported that the Tidy John was removed from Heartland Park.

Public Comment –

None

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 8:15 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

12-28-2006 Town Council

December 28, 2006 Town Council Meeting Minutes

Mr. Fryzel called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Fryzel, President; Jerri Teibel, Vice-President; Charles Pearson, Member; Mark Barenie, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Police Chief Fred Frego; Fire Chief Fred Willman; Chip Sobek, Director of Parks and Recreation; and John Mainwaring, Code Enforcement Officer. Absent were Gregory Volk, Member and Bob Pharazyn, Public Works Director.

Approval of the minutes – November 16, 2006 meeting minutes –

Ms. Teibel motioned to approve the minutes of November 16th meeting as read. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

New Business

Resolution # 06-12-28, a resolution to encumber funds –
Mr. Barenie motioned to adopt Resolution # 06-12-28. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.
Award bids for 2007 Refuse and Recycling –
Mr. Kil stated that he reviewed all the specifications and the bid as submitted and believes it would be in the best interest to reject all bids and that he be reauthorized to go out and rebid the refuse and recycling collection. Mr. Pearson motioned to reject all bids and authorize the Town Manager to re-bid the refuse & recycling services. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Consider interim extension proposal from Performance Waste and Recycling for 2007 –
Mr. Kil stated that he is proposing the town enter a month to month contract with the current waster hauler, Performance Waste and Recycling, not to exceed a six month period and would be at a $13.00 per household cost per month. He anticipates getting the new bid out the door immediately and getting new bids on January 25th, the second meeting, which means an award can be considered in February. The current vendor has agreed to go month to month. Mr. Austgen suggested that the bid package be reviewed due to the lack of responsiveness in number of companies submitting bids. Mr. Kil stated that the bid specs are fairly detailed. Ms. Teibel motioned to authorize an interim month-to-month extension for $13.00 per household per month, not to exceed 6 months. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.
Resolution # 06-12-28A, a resolution authorizing a Transfer of Funds within a category of appropriations –
Mr. Pearson motion to adopt Resolution # 06-12-28A. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Consider agreement with Robinson Engineering Ltd. for 2007 –
Mr. Barenie motioned to approve the agreement and authorize the Town Council President to sign the document. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Consider adoption of Ordinance # 1429, Wachter Addition –
Mr. Pearson motioned to adopt Ordinance #1429. Seconded by Ms. Teibel. Motion passed with a vote of 4 – 0.
Consider Resolution # 06-12-28B, a declaratory resolution requesting tax abatement –
Petitioner: Lee Malizzo / Relentless LLC – Ms. Teibel motioned to approve the resolution and to authorize a Public Hearing for January 25th. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.
Consider agreement with Austgen Kuiper & Associates, P.C. for 2007 –
Ms. Teibel motioned to approve the agreement and authorize the Town Council President to execute same, the agreement with Austgen Kuiper & Associates, P.C. for 2007. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council –
Ms. Teibel stated that she had something that she would like feedback from the Council on. The majority of the boards and commissions meet on their designated nights at 7:00 p.m. There are two boards that do not meet at 7:00 p.m. and meet at 6:00 p.m. She stated that she has received some e-mails from some residents, particularly regarding the water and sanitary board, it is difficult for some residents to get to the meetings because it is held at 6:00 p.m. It was always at 7:00 p.m. but it got changed two years ago to 6:00 and wanted to know if everyone here felt the same that by having the meetings at 6:00 restricts the residents from getting here to participate and would like to see all the boards and commissions meet at 7:00 p.m. so that there is some sort of uniformity for the meeting times. If it is agreeable, Ms. Teibel stated that she would send a memo out the following day to the boards and commissions and asked Mr. Austgen if a motion was warranted. Discussion ensued. Ms. Teibel motioned that all board and commission meetings for the Town of St. John begin at 7:00 p.m. instead of 6:00 p.m. Seconded by Mr. Pearson. Motion passed with a vote of 4 - 0.
Clerk-Treasurer –
None
Staff –
Mr. Kil provided the status of the Public Record Request regarding the Aqua case that he is working on with Ms. Sury. He stated that the written testimony is due January 9th, the production of documents request is due January 5th, and there will be live testimony on January 29th in Indianapolis.

Payment of Bills for the Corporation -

#9508 - #9762 for $1,460,635.55 – Mr. Barenie motioned to approve vouchers #9508 - #9762 in the amount of $1,460,635.55 for the Corporation. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.

Public Comment –

Mr. Frank Revoir, 9766 Northcote Avenue – stated that he is the current president of St. John Youth Baseball. He thanked the Council for the use of Heartland Field and is grateful for the field, which is breathtaking. They have a safety concern and that is that spectators are getting hit by foul balls and is proposing that by April 1, 2007, a safety net be set up. The netting will cost close to $30,000 and the April 2007 registration fee will cover 50% of the cost and they are asking the Town Council to split the cost. Ms. Teibel expressed her appreciation and complimented Councilman Barenie for all the hard work he has done on this project and he thanked and recognized all the individuals that helped in this project. Discussion ensued. Mr. Kil stated that the Park Land Impact Fees would be used to pay for the Town’s portion of the netting. Mr. Pearson motioned to split the cost of $30,000.00 for the safety netting with the St. John Youth Baseball with the Town’s portion not to exceed $15,000, and that the Park Land Impact Fees would be utilized for this expenditure. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0.

Adjournment –

Mr. Pearson motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:20 p.m.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

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