Ms. Teibel nominated Mr. Fryzel for Vice-President. Mr. Fryzel declined the nomination. Mr. Volk nominated Mr. Forbes for Vice-President. Seconded by Mr. Barenie. Motion passed with three ayes and two abstentions by Mr. Fryzel and Ms. Teibel.
Plan Commission and Board of Zoning Appeals – Gregory Volk
Fire Department – Mark Barenie
Lake County Coalition – Open
Lake County Solid Waste District - Michael Forbes
N.I.R.P.C. – Michael Forbes
Park Board – Mark Barenie
Police Commission – Jerri Teibel
Public Works – Michael Fryzel
Sanitary and Waterworks Districts – Michael Forbes
Mr. Forbes motioned to accept the above recommendations. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Barenie deferred the annual appointments for the Town Attorney and Engineer.
Mr. Austgen stated there is a mechanism already in place for protection of taxpayers and rate payers such as St. John and St. John citizens and that is the Office of the Utility Consumer Council. It is a statutory office and has accountants, CPA’s and attorneys who do nothing but review, remonstrate and oppose, if appropriate, rate increase petitions, 2) There are significant strains on your budget, 3) this is like a home run, there is the potential for a big return but you have to balance that with your outlay and that you are already a member of the intervening group without being a member simply by the class of customer you are and if the rate relief sought is obtained through the proceedings you will be a beneficiary of how that relief is issued. His recommendation is that if this is a substantive item for you to consider then have Mr. Sommer address the Council and provide some of the explanation. Perhaps provide the history of cost recovery for participation, for outlining what the cost share formula is by the communities that are participating. The Council would then have a picture of how and whether it would fit into the Council’s budget and their scoping. Mr. Kil asked the Council if they would like him to schedule Mr. Sommer to speak at one of next month’s meetings. Ms. Teibel motioned to defer this item on the agenda for further review. Seconded by Mr. Forbes. Motion unanimously passed.
/s/ Sherry P. Sury, Clerk-Treasurer
Opening Remarks – Mr. Kil stated that this comes with favorable recommendation from the Utility District. Mr. Karl Cender is in attendance to answer any questions.
Town Council Comments - Mr. Fryzel confirmed that both fees are going from $1,000.00 to $1,500.00 (an increase of $500.00 each).
Mr. Austgen stated that this is a one-time charge to new customers of the utility not to existing customers. It is payable upon a connection request and application with no impact to existing rate payers.
Open to the Floor – No one
Closed to the Floor
Mr. Fryzel motioned to consider Ordinance #1485 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Fryzel motioned to adopt Ordinance #1485. Seconded by Ms. Teibel. Motion unanimously passed.
Opening Remarks – Mr. Kil stated that this is almost exactly identical to the sewer System Development Fee where the rate is raised $500 from $1,000.00 to $1,500.00 and comes with a favorable recommendation from the utility district.
Town Council Comments – None
Open to the Floor – No comments
Closed to the Floor
Ms. Teibel motioned to consider Ordinance #1486 on first reading. Seconded by Mr. Fryzel. Motion unanimously passed.
Mr. Forbes motioned to adopt Ordinance #1486. Seconded by Mr. Volk. Motion unanimously passed.
There is an open position for the Lake County Coalition.
Mr. Forbes motioned to accept Mr. Barenie’s recommendations for the Board and Commission appointments. Seconded by Mr. Fryzel. Motion unanimously passed.
Mr. Barenie asked Mr. Kil to ask Mr. Cender for an extension on his contract for financial advisory services so all four of the contracts will be in the same calendar year.
Mr. Barenie also mentioned there was a meeting yesterday with the Standard & Poor’s account representative. St. John currently has a Grade A rating.
Mr. Forbes stated that Mr. Pharazyn and Mr. Kil negotiated new contracts with CINTAS that supply the uniforms and do the mats in town; they are looking at a potential reduction of $8,300.
He added they are trying to get some CDBG funding for the south end of town, the Watts Subdivision, for a storm water project. A financial analysis must be done as part of the proposal for the funds.
He also said that in the month of January on fifteen different occasions Public Works was called into service to plow snow or apply salt to the roads. From November 1st to date they have purchased 1,078 tons of salt at a cost of $109,000. Discussion ensued regarding the proposed storm water project in the Watts Subdivision and the CDBG process.
Chief Willman gave the December Activity Report:
|Total Calls = 106||District 1 = 83||District 2 = 15||District 3 = 8|
|2008 Total Calls = 964||District 1 = 828||District 2 = 97||District 3 = 39|
Ambulance calls comprised 68% of the 964 calls.
Mr. Mainwaring gave the December Code Enforcement Report:
Violations = 15; Permits = 10: Construction = 2, Addition = 1, Remodeling = 7
Inspections: Electrical = 43, Building = 65
Chief Frego gave the December Activity Report. He also mentioned that the two new squads have been delivered, one is currently on the road and the other is being set up. The Federal Signal Corporation donated some experimental lights about $5,000 worth of equipment.
Mr. Kil stated that Mr. Sommer would be at the February 26th meeting to discuss the NIPSCO Intervention. He added that according to Mr. Cender the circuit breaker for their community the impact is negligible, we have a $12,000.00 impact and he does not foresee any problems for the next several years.
Mr. Kil referenced a county wide survey where the Town of St. John was the top permit issuer for new construction in Lake County followed by Crown Point; St. John had 117 Crown Point had 72. There were 614 permits issued in Lake County in 2008, 1,233 in 2007, 1,661 in 2006 and 1,827 in 2005.
Mr. Kil stated that there is a lot of ice fishing in their ponds; there is nothing on the books regarding ice fishing. It is primarily in Lake Hills. Discussion ensued. Mr. Fryzel motioned to prohibit entry by walking, or any access, on to frozen ponds owned by the Town of St. John. Seconded by Ms. Teibel. Motion unanimously passed. Mr. Austgen will have the ordinance ready for next month’s meeting.
Mr. Fryzel asked that signs be put up so as not to block the intersection the town emergency vehicles use by the town complex.
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Barenie combined all the CF-1 Forms listed as items B – G on the agenda for consideration with one motion. Mr. Kil stated that he compared the Statement of Benefit forms with all the CF-1 Forms and they are either in substantial compliance or far exceed with what their estimates were. The only one that was close was Meyers Development who fell a little behind; however, that seems to be a lot larger project than everybody else and it seemed a bit tougher to estimate.
Mr. Fryzel motioned to accept CF-1 Form for St. John Professional Center at 10200 Wicker Drive, J. L. Shandy Transportation at 10115 Ravenswood Drive, Perm Industries Inc at 9660 Industrial Avenue, Meyers Development Inc 8400 block of Wicker Avenue, Welch Partners LLC 9601 North Industrial Drive, and Welch Partners LLC 9585 North Industrial Drive. Seconded by Ms. Teibel. Motion unanimously passed.
Ms. Sury read a statement detailing the role the Clerk-Treasurer’s office would have. Discussion ensued. Ms. Sury stated that she is concerned having two types of financial records that would be available to the residents, believes it would be confusing and the participating accountants may not understand government accounting.
Additional discussion ensued regarding the investment role of the committee vs. State Statute of the Clerk-Treasurer’s role. Mr. Kuiper re-iterated that this is an advisory role. Mr. Fryzel stated that he does not agree with some of the verbiage in the ordinance, he would prefer an advisory Budget Committee rather than Finance Committee. Mr. Barenie stated that he would not like the committee limited to the budget only, he would like the committee to be open to discuss other revenue sources or investment opportunities for example.
Ms. Sury referenced the intentions of the committee as stated in the newspaper article, shared her concerns, gave some examples of why some processes are able to be in place and others not, and mentioned the use of credit cards and transaction fees. Discussion ensued. Mr. Barenie offered to defer this item to make some adjustments to the ordinance to enable the Clerk-Treasurer to be comfortable with the committee. Mr. Forbes added that he does not recall that at anytime was the focus to reshape the Clerk’s office. Mr. Barenie asked Ms. Sury to make some notes on the draft and they will get them to Mr. Austgen.
Mr. Forbes motioned to defer this item. Seconded by Mr. Fryzel. Motion unanimously passed.
Mr. Fryzel complimented Chief Frego and Officers Mike Moffitt, Lt. Kouder, Cpl. Tim Gardenhire and Reserve Officer Jose Mendez. The Speedway station was robbed after hours and the attendant was beaten. The officers chased the suspect to Chicago Heights and apprehended the robber and driver of the car.
Mr. Barenie complimented Public Works on a great job last night with very hazardous conditions. He referenced the recent Tri-Town Safety Village meeting and asked for an update. Chief Frego responded, (inaudible).
Mr. Adrian Bugariu, 11747 West 90th Avenue - asked if the Committee ever received the Tort Notice he sent in January regarding the criminal acts against him filed by Mr. Fryzel, Ms. Teibel and the St. John Police Department. Discussion ensued. Mr. Bugariu added that criminal acts by Mr. Fryzel and Ms. Teibel will no longer be tolerated. Mr. Kuiper cautioned Mr. Bugariu not to go into any detail as there are protective orders in place and law suits pending. He advised that if he has a Tort Claim Notice it should go to the Clerk-Treasurer and will be time stamped received. Discussion ensued regarding the January 6, 2009, certified mailing.
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Barenie stated that there would be an adjustment to the agenda and recognized Girl Scout Troop #192. Several Girl Scouts shared the dinner and decoration plans for 2nd annual Daddy/Daughter Dance event. Ms. Dawn Pelc the co-leader of Troop #192 asked for a $300 donation from the Town to defray the cost of the D-Jay and the gifts for the attendees. The girls are working with this event planning to earn their Silver Award. Mr. Fryzel motioned to approve a $300.00 donation to Troop #192 for the Daddy/Daughter Dance. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Kil stated that he received the last CF-1 Form for outstanding tax abatements earlier this week. This one is for SB Properties, Ltd. (Donald Bates), 9565 North Industrial Drive. He reviewed the CF-1 Form, he is in substantial compliance or exceeds what he estimated to take place, and recommended approval of the CF-1 Form. Mr. Forbes motioned to approve the CF-1 Form for SB Properties, Ltd., 9565 North Industrial Drive. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Pharazyn reported that the Patnoe Park emergency pipe overflow project was completed in February with restoration beginning in the spring. They are going to begin work to extend utilities to the newly annexed residents on 101st & Calumet next week. They changed out 45 meters in February as part of the meter replacement program, put down almost 12 tons of coal patch fixing the potholes, used approximately 59 tons of salt and also did a branch collection. Reimbursement from FEMA was received in the amount of $18,105.00 for the funds spent by the Town for flooding that took place in September and October.
Mr. Mainwaring gave the Code Enforcement Report for the month of January; 14 violations were written and13 permits were issued.
Chief Frego gave the January Activity Report.
Mr. Volk motioned to appoint Mr. Tom Redar, Public Health Inspector to the Plan Commission. Seconded by Mr. Forbes. Motion passed with three ayes and two nays by Mr. Fryzel and Ms. Teibel.
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Volk motioned to adopt Ordinance #1488. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Volk stated that he was going to bring up the Schafer Drive drainage issue and have Mr. Pharazyn explain the budget numbers. Mr. Kil stated that he has gone through this project with Mr. Pharazyn and that Mr. Faberbock from Robinson Engineering quoted some budget numbers. Mr. Forbes added that the catch basin 18” pipe over by Willow Drive is about $70,000. Mr. Fryzel expressed concern that the dollar figure is close to the $75,000 threshold requiring the project to go out to bid. Discussion ensued regarding a motion with a do not exceed dollar figure. Mr. Barenie asked Mr. Austgen for his opinion. Mr. Austgen stated that the engineering firm provided an amount of probable cost; has this estimate for probable cost been backed up by three proposals? Is there a set of specs that have been presented to three qualified contractors? Mr. Kil stated that they have not done that yet, they need to send it out and get three proposals from contractors; however, he wants to ensure the Town Council is on board with this project before he goes out for proposals. Mr. Fryzel motioned to direct the Town Manager/Director of Operations to solicit proposals based on the engineer’s design. Seconded by Mr. Volk. Motion unanimously passed.
Mr. Fryzel asked if a decision has been made regarding the fireworks for this year. Mr. Fryzel suggested they do not have them. He stated that it was close to $18,000 last year and with the budget constraints and everything else...$18,000 for 20 minutes. Mr. Volk asked what the total cost is with public works, etc. Mr. Kil said to add another $3,000 - $4,000 and that the money comes out of cable TV. Discussion ensued. This item is deferred to the April meeting so that Mr. Kil can provide a 2009 fireworks budget.
Mr. Adrian Bugariu, 11747 West 90th Avenue – stated that he is now having water problems since the park improvements. He referenced a letter that the Council just received tonight. Mr. Kil stated that he is not aware of any problems back there and will have Mr. Pharazyn take a look.
/s/ Sherry P. Sury
Mr. Adrian Bugariu, 11747 West 90th Avenue – asked how much money was spent during the last renovation and how long ago was that renovation.
Mr. Nick Georgiou, 8970 Louis Court – stated that he is a local businessman and the Chairperson for the Vote “Yes” for the Lake Central Political Action Committee. He has traveled the state with his two children when they attended Lake Central and can attest that the facility is woefully inadequate. He referenced a website www.lcreferendum.com which can answer many of the questions people have and can also tell them what the tax impact will be to the average home owner in the tri-town community.
Dr. Chabot responded to the above comments. He stated that he couldn’t provide an exact cost to what the Freshmen Center cost in 1993. At the time the population was between 2,000 – 2,500. There has been a lot of growth and the building has been maxed out. The population now is over 3,000. He added that the Board of Education has taken two years to study both construction management and architects and they have looked at a number of different options in terms of getting the best result. The $95 million is a futuristic number based on architectural and construction management estimates with what it would take to get the job done. The referendum is a “do not exceed $95 million” amount. The average home in St. John Township is $250,000 and the taxes would increase in stages over a period of 4-5 years of $170.00 per year.
Mr. Joe Hero, 11723 South Oakridge Drive – asked for clarification of the legal notice that stated the funds could be raised over a period of 20 years, which would be the principal on the bond. He referenced the debt service on the bond, the homestead exemption that many homes have and that averages don’t always tell the truth. Mr. Hero asked what value do they get for the 95 million - 24 classrooms for a projected increase of 359 students. He stated that they should look at their needs in phases as mentioned earlier. Projected population is going to decrease and mentioned the City of Hammond school system that tore down and built many new schools, now has the one of the highest tax rates in the county.
Dr. Chabot responded that he and Mr. Hero have already had one conversation and there are a whole host of questions to address. He would like Mr. Hero to call him so that they can sit down and talk over all of the financial issues.
Mr. Bill Dravesky, 9380 Howard Court – stated that he is opposed to expanding Lake Central High School; they should have built another high school years ago. If the School Board had done their homework years ago they would not be in the situation they are in today. He added that he is retired and on social security which means he would have to give up something else so he could pay the higher taxes.
Dr. Chabot mentioned an e-mail from an individual on social security and how it would have the same impact of the individual having to give something up so they would have the money to pay the tax. He added that the School Board is proposing the project with the lesser amount and would like to meet with Mr. Dravesky and discuss some of his questions.
Mr. Rick Miller, 9280 West 93rd – asked why this was going to cost twice as much as the new high school in Crown Point and does not understand why it will cost $12 million to house 40 more buses.
Dr. Chabot stated that the $12 million for the Service Center Complex consists of three elements: To build a new transportation center for 100 buses; to remodel the old transportation center into a maintenance center (they really don’t have one now); and the construction of a Support Services Building which blends special education and administration. The building he is working in right now will be taken down to provide parking and an access road. To pull special education out of the schools would provide additional classrooms for those schools. He stated that he has had many requests for full day kindergarten and the additional classrooms would enable them to provide that. Dr. Chabot added that he has heard many comparisons of school construction in other areas and is willing to sit down and look at the numbers specifically.
Mr. Hero suggested that they look at the existing structure and the blueprints to ensure the safety of the facility. Dr. Chabot stated that one of the features of the renovation plan is a sprinkling system. Chief Willman assured the audience that safety concerns are looked at every time the school has made a change.
Mr. Frank Bradtke Jr., 13000 Sunflower – stated that he believes that children are their most valuable assets and they should receive the best they can give them, he supports the school.
Mr. Volk asked where the transportation center will be located. Dr. Chabot stated that it is in the area behind Kolling School. The school corporation already owns the land.
Mr. Fryzel stated that the existing bus barn is the biggest eyesore in town. Dr. Chabot stated that they would renovate the building and make it a storage and maintenance building.
Mr. Hero asked how the location of the train station will be impacted by the new transportation building. Mr. Kil stated that the town owns five acres adjacent to the railroad tracks by Aspen Café. Discussion ensued.
Mr. Barenie thanked Dr. Chabot for his presentation and asked everyone to take a one minute break.
Mr. Sobek stated that the Easter Egg Hun will be a week from Saturday and is filled to capacity. This coming Saturday they are having their first Clean Up Day at the parks, weather permitting and that this past week they were able to re-distribute the picnic tables back to the parks.
Commander Chapranda gave the February Activity Report.
Chief Willman gave the February Activity Report and reported on the in-service training.
Mr. Kil stated that he received a request from the VFW, they are building a small shed on the back of their building and asked the council to consider waiving the $35.00 building permit fee. Mr. Volk motioned to waive the $35.00 fee for the VFW. Seconded by Mr. Fryzel. Motion passed with a vote of 3 - 0.
Mr. Kil stated that he expects Aldi’s to come in with the building permit in about the next seven weeks. There are also a couple of projects that he is gathering cost estimates for, all that will be ready before the April 16th meeting. He also stated that they are at half the building permits being issued as the same time last year and has spoken to some builders who are optimistic that things will be picking up.
Mr. Volk read Mr. Mainwaring’s February Activity Report.
/s/ Sherry P. Sury
Mr. Wyllie stated that it looks like they have agreement on both sides on most items. There are about four to six items that are not major issues that have to do with timing of when he begins payment of the fire station, how soon the construction of the water line starts, issues like that. He stated that he spoke with both of Mr. Lotton’s attorney’s today and said the Town owes them discovery and a response to the injunction motion this week. The attorney’s told him they will not push litigation and perhaps this can be settled sometime this week and that he wanted everyone to see where they are with this.
Mr. Myers added that he agrees with Mr. Wyllie that they are pretty much there, the four to five items left are not a deal breaker and they will explain to Mr. Lotton why they don’t want those included in the agreement. They had plenty of discussions and they will build the water treatment plant without a rate increase and stated that Mr. Cender is in attendance to answer any questions they may have. Mr. Cender has met with Mr. Pharazyn and Mr. Monanteras numerous times to discuss the financing portion.
Mr. Cender stated that they looked at the existing rates for the year ending December 31, 2008, and it appears they do have, adjusting some of the operational maintenance items, to have what they are proposing for the 2009 budget. They will still be able to cover those items and include that service in not only the existing bonds but on the total 3.9 of what they are proposing for the facility. The bond ordinance will probably be for $4 million, there will not be a rate increase and after the engineers look at the project, there will be a resizing of the bond.
Mr. Barenie asked if there would be any undue stress put on the rest of the projects in town that may need to be delayed or deferred for a time. Mr. Myers stated that there was nothing major that needs to be stopped. It will tighten Mr. Pharazyn’s budget a bit; he won’t have as much money to spend the next few years. He also said the system development fees will now come to the town instead of the recapture agreement. Mr. Pharazyn stated that the only capital improvement work they will be doing, that is shown in Mr. Cender’s budget for next year, will be the water meter replacement program. The water meter replacement project will cost about $145,000 per year for the next three years and paid through the system development fees fund.
Discussion ensued regarding the pay off of any current bond issues, the need to have a schedule (timetable) and Mr. Monanteras explained the offset regarding the anticipated revenue to be received for the capital improvements from the increase in the system development fees.
Mr. Fryzel referenced the open issues as noted in the handout and inquired about the first line of Mr. Lotton’s attorney’s letter, clarification on the 3.5 million plus interest. Mr. Wyllie stated that this is regarding the sanitary line that Mr. Lotton is required to run to Schererville, the amount he is to recapture is up to $3.5 million and the District doesn’t think he is going to expend $3.5 million. Discussion ensued regarding the recapture up to $3.5 million. Mr. Wyllie stated that the recapture starts once the construction starts. Discussion ensued. Mr. Kil asked for clarification of the construction start and notification as to when to begin the recapture so that the information could be forwarded to Building and Planning to begin collecting the fee district wide. Mr. Myers stated that items two and three are not of concern to Mr. Lotton, the time frame is of concern to the Town. Discussion ensued.
Mr. Fryzel expressed concern why the original attorney, Mr. Kiel, was not at the final meeting and why an assistant was there. Discussion ensued. Mr. Myers said it didn’t matter as Mr. Lotton’s attorney’s showed up with two new documents. Item four is that Mr. Lotton wants to see the final plans and Mr. Monanteras stated that they were finalized last March.
Mr. Myers stated that they hope to get this finalized this week and then send it to the Town Council for approval. Once they get Mr. Lotton’s signature they will also ask for permission to release the permits.
Ms. Teibel asked what the utility board’s requests are. Mr. Myers stated that his comments are the ones in front of the document handout.
Discussion ensued regarding the timeline for the agreement and release of the building permits. Mr. Myers stated that there are three parts to the agreement: sign the agreement, a copy of the contract with his developer that he’s going to put in the sanitary sewer line; and an order sheet showing that the material for that line has been ordered. If Mr. Lotton does these three things they could release the permits and the Town Council could act on the agreement.
/s/ SHERRY P. SURY, Clerk-Treasurer
Mr. Fryzel stated that the title of this position is not a PERF position; a survey must be taken to do that and that PERF money must be withheld until that is done. Mr. Austgen stated that he has not seen this ordinance until tonight and it is his understanding that the Town has an IT Department, an IT salaried job position in the salary ordinance and in the job descriptions. The previous IT Director was with the Town a number of years and had a well established position. PERF requires a hold period pending the establishment of a position if it is not already an established position and PERF recognized. He believes, without verification at this point, that there is a PERF position here and if this gentleman is an employee, qualifies, and will be enrolled in PERF immediately. If this is not a PERF position then there is a time period and you can catch up once the qualification happens. There is a process in Indianapolis for this to happen and it may take as long as six months.
Mapping capability of this employee was discussed. Mr. Kil stated that none of the candidates had mapping experience and added that the previous IT Director already submitted the revised maps for the census.
Mr. Fryzel expressed his concern that the Town is laying off employees and there is a hiring freeze and they hired someone at this salary. A consultant had been doing the work and he expected that he would do it until next year.
Ms. Teibel stated that the main issue is to find out after sitting in a meeting and the minutes clearly state there is going to be no hiring, then the next thing you hear is that you are taking applications; the next thing you hear is that the man is hired. She does not know who is talking to whom, or when these decisions are being made but she’s hearing them after the fact and doesn’t know if there is a violation of the Open Door Law but intends to look into it.
Mr. Barenie stated that through the process of being involved with the Town, they have attended some meetings with staff and Steve Kil is what would be considered the Chief Executive Officer of the Town. Mr. Kil’s recommendation is parallel to what was done in the budget, which means investing in the Town infrastructure and technology by moving away from a consultant once or twice a month to a full time IT person they have had in the past for about the last 10 years. Through the process along with Mr. Forbes they read 180 resumes, which were narrowed down to 20 applicants who had enormous skill sets and experience. Those 20 applicants were given to Mr. Kil and then narrowed down to eight. From that point, the eight individuals were called in and they had some great interviews. Through a difficult process with Mr. Forbes, they had technical questions and work relations questions asked. It was a great process that took awhile and they came to the conclusion that it was Mr. Kil’s choice.
Ms. Teibel asked who is Microsoft certified that interviewed the candidates, where is the computer experience knowledge and why is Mr. Kil qualified to do this interview? Mr. Kil stated that they solicited the help of Mr. Dan (inaudible) the IT Director for the Town of Schererville for the technical part of the interview. Ms. Teibel asked why the Town’s IT consultant was not included since he is their IT consultant. Mr. Kil stated that Mr. (inaudible) would be independent; the town’s processes are the same and gave him a tour of our operations.
Mr. Austgen stated that the record should reflect that Mr. Kil is the Town Manager and as the Town Manager has statutory authority that you have entrusted in him by your hiring of him to hire and fire. He apparently has done so and has presented the employee he has hired in the form of the Ordinance he proposes you consider for payment of the salary to that individual that has been hired. It would be appropriate this evening for the Council to consider an action, a motion, to ratify the actions of the Town Manager to hire this replacement IT employee. Hire that employee on probation effective April 13, 2009, to direct a background check and upon clearance of the background check, to full time hire the employee including the processing of the benefits in conformance with the ordinances. That would be his recommendation for an action.
Mr. Forbes motioned to hire Jason Dravet effective April 11, probationary, pending his background clearance. Seconded by Mr. Volk. Motion passed with a vote of 3 ayes and 2 nays by Mr. Fryzel and Ms. Teibel.
Brief discussion ensued regarding PERF accepting the job title of IT Director when the previous position was Computer Network Administrator. Mr. Austgen suggested that the Council amend the ordinance presented by the Town Manager to not delete the computer network administrator, to substitute the not to exceed pay that is proposed for the Information Technology Director for the Computer Network Administrator, delete the add, delete the delete and keep the title and job title that is at this point important for PERF purposes so it is a seamless transition. If he is doing the same job as Mr. Kil has indicated this probably only needs an amendment of the salary amount. Mr. Kil stated that they are just amending the rate of pay downward.
Mr. Forbes motioned to consider on first reading Ordinance #1490 with the amendments listed going back to the Computer Network Administrator with a not to exceed amount of $2,115.38. Seconded by Mr. Volk. Motion passed with a vote of 3 ayes and 2 nays by Mr. Fryzel and Ms. Teibel.
Mr. Forbes motioned to adopt Ordinance #1491. Seconded by Mr. Volk. Motion unanimously passed.
Mr. Fryzel suggested that they look at Lake Central and closing the back gate. The Council members have been getting a lot of calls regarding the amount of traffic there. Mr. Forbes added that he asked Mr. Kil, Chief Frego and Chief Willman to put down any concerns they may have regarding emergency access. Discussion ensued. Chief Frego mentioned that if the back gate is closed there will be more traffic going out on Rt. 41 and create more problems there. Mr. Fryzel referenced the bond issue for Lake Central and possibly relocating signals and/or re-drawing the parking lot.
Mr. Kil stated that he attended a meeting at Lake Central with IDOT and V3, the design engineer, if the bond issue is approved, he suggested that if they are looking at moving the stop light, to move it to Lake Central Plaza where they have a defined traffic problem right now. Discussion ensued.
Mr. Fryzel stated that he has received a lot of complaints about Wall Street; they need a sign there. Ms. Teibel asked that a “Do Not Block Intersection” sign be also put up there. Discussion ensued.
Mr. Kil stated they have received prices for the Schafer Drive Storm Sewer Project, Robinson Engineering did the design and they got some really good prices. Snow & Sons was the lowest price at $48,819.00; Mr. Pharazyn has the Town of St. John listed as the general contractor for $39,800. B&D came in second at $53,988, Metro at $58,082, Nelson at $86,432 and LGS at $81,204. Mr. Pharazyn stated that in many projects in the past he has taken the burden of being the general contractor and hire a local excavator to provide his equipment and labor to work in conjunction with the Town and the Town’s forces to do the projects. Mr. Pharazyn stated that he will hire the landscaper, the asphalt contractor, the cement contractor, and the sprinkling system company to do all the restoration for the projects. He has learned that these are things they don’t want to deal with and he has learned from his experience that you pay a premium to ask them to do that type of work. In this project, Public Works will supply the contractor with two of their laborers and two of their dump trucks because there is a significant amount of spoil that has to be hauled away and disposed of on this job. He would also purchase the materials direct. The start date will be when the weather is favorable as this is a side yard, which would be about four to six weeks. Mr. Fryzel motioned to approve the Town as general contractor in the amount of $39,800.00. Seconded by Ms. Teibel. Motion unanimously passed.
Ms. Brenda Bagherpour, 8347 Heron Lake Road – expressed her concern regarding the traffic at the Lake Central gate. Discussion ensued.
/s/ Sherry P. Sury
Proofs of Publication – Mr. Austgen confirmed that the proofs of publication were in evidence and in order as noticed in The Times and Post Tribune on April 7, 2009, publication requirements have been met and that the public hearing could commence.
Opening Remarks – Mr. Kil read the Opening Remarks and referenced the Affirmative Action Plan Adoption, Section 3 Understanding Form and Resolution #09-04-23. Mr. Kil referenced the project description to be in the Watts Subdivision, the estimated cost of the storm sewer project and that the grant $50,010.00 would not cover the entire cost of the project estimated at $132,880.00. Mr. Austgen stated that the documents are to be incorporated into the record. (Exhibits #1 - # 5).
Open to the Floor for 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 and thanked the Town Council for their previous donation of 2007 in the amount of $4,000.00. She asked for their consideration for this year’s donation for 2008 and 2009 in the amount of $9,000.00. This donation would help defray the increased cost of fuel. Mr. Barenie stated that the donation request would be deferred until the bids are received regarding this project.
Ms. Janet Brennan – 10151 Delmar – asked for an explanation as to how the remaining funds for this project would be paid since the grant was in the amount of $50,010.00 and asked if this project was included in the budget. Mr. Kil explained the timeframe of the project is to be started in the fall with completion by June of next year and that funds would be available in the Cumulative Sewer Fund.
Public Comment Closed to the Floor –
Mr. Kil read Section 3 – Understanding Form and referenced Resolution #09-04-23 authorizing the 2009 CDBG Project. Mr. Forbes motioned to consider the 2009 CDBG Project and to direct the Town Council President to submit the project proposal. Seconded by Mr. Fryzel. Motion passed unanimously. Mr. Forbes motioned to adopt Resolution #09-04-23. Seconded by Ms. Teibel. Motion passed unanimously.
Chief Frego read the March Activity report and stated that the COPS Grant has been submitted.
Code Enforcer Mainwaring stated that 15 citations were written and read the report for permits issued along with the inspections completed.
Chief Willman read the March report and stated that Jake (fire dog) celebrated his second birthday.
Mr. Kil read the report for permits issued for the month of March.
/s/ Sherry P. Sury
Mr. Barenie referenced a change in the agenda requested by Mr. Kil. Mr. Kil summarized the action taken by the Council about a month ago to defer this item regarding the South Lake County Bus Transportation Service. He stated that based on the data he collected he recommended that the Council donate $3,500 for fuel. Mr. Barenie stated that based on the price of fuel from last year to this year that this is a considerable increase. Discussion ensued. Mr. Kil and Mr. Austgen both recommended that the money come from the CDBG fund first then the cable TV fund if needed. Mr. Fryzel motioned to utilize the CDBG money if possible; the donation for the bus would be $3,500.00 this year and $3,500.00 next year. Seconded by Mr. Forbes. Motion unanimously passed.
Mr. Kil referenced items D, E, and F regarding the Schillton Road Project. He stated that he has received the last three contracts for this project and would like to add these with the others that are already on the agenda. He also stated that that a small drainage project at 12020 Wildwood Drive is not to exceed $4,500.00 and would like a motion to approve. Mr. Fryzel motioned to approve the drainage project at 12020 Wildwood not the exceed $4,500.00. Seconded by Mr. Volk. Motion unanimously passed.
Ms. Teibel motioned to consider Ordinance #1494 on first reading. Seconded by Mr. Fryzel. Motion unanimously passed.
Ms. Teibel motioned to adopt Ordinance #1494. Seconded by Mr. Forbes. Motion unanimously passed.
Mr. Austgen stated that this Ordinance must be posted and published. Discussion ensued regarding signage being posted and that the areas will be checked to ensure that signs are posted. Discussion ensued. The ordinance calls for signage that is deemed appropriate.
Mr. Austgen stated that the three towns participating; need to have an understanding in writing because of the nature of the grant issuance. The grant appears to be directed to the recipient Town of Schererville, and for the benefit of the Towns of St. John, Dyer, and Schererville. Schererville has authorized that be prepared at pro rata cost and they recommend St. John do the same. Tonight they do not have to have the Memorandum of Understanding to execute or authorize execution into the grant. The MOU can follow. The Chief has a June 3rd deadline and what the need tonight is for is The Council’s favorable consideration and action on approval; entry into and participation in the grant, and perhaps a direction to him on a pro rata basis with the other towns to prepare the document. Chief Frego confirmed that the $158,000.00 will be coming to the town and it is non-matching funds. Mr. Forbes motioned to approve the grant application and that Mr. Austen would prepare a Memorandum of Understanding with the other applicants. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Harry and Elizabeth Bielawski - 8780 Schillton Drive – declined participation
Mr. Jeff and Mrs. Marianne McNeil – 8781 Schillton Drive - accepted participation
William and Karen Dodaro, 8760 Schillton Drive – accepted
Mrs. Elizabeth Wilsens, 8761 Schillton Drive – declined
Tony and Rosa Gonzales, 8740 Schillton Drive – accepted
Mike and Marlene Faulkner, 8720 Schillton Drive – accepted
Mr. Kil asked for a motion to accept all the agreements whether that would be a declination or the acceptance as read by the homeowners. He stated that everybody who has accepted to participate in the project has paid their money, requested authorization for himself and the Clerk-Treasurer to execute the agreements as appropriate, and that they will proceed with the project. It was clarified that the road improvement project is being done on Schillton Road; the people who accepted this agreement are paying individually to have their driveway aprons replaced. Mr. Fryzel so moved the above motion request by Mr. Kil. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Fryzel motioned to adopt Ordinance #1495. Seconded by Mr. Forbes. Motion unanimously passed.
Mr. Fryzel motioned to adopt Ordinance #1492. Seconded by Mr. Forbes. Motion unanimously passed.
Chief Frego gave the April Activity Report.
Mr. Mainwaring gave the Code Enforcement Report for the month of April.
Mr. Kil read the Fire Department Activity Report for Chief Willman.
His question is that, did it need to get to all of this? Because five years delayed is five years that several people with MS probably died, several people with MS could have been helped and several people that his whole intention was about, were neglected. So this is discrimination. The Town of St. John should thoroughly be ashamed of that. We’re a great community but we discriminated against people with disabilities. He stated that the Town was fined $10,000.00 and several thousands of dollars in legal fees were spent, of which he has yet to find out how much. People have been laid off in town; they could have been working with those legal fees combined with other legal fees that are being spent in several other ways that he is really disgusted with.
He posed the question as to when does he get notification of the variance, when does he get an apology for the five years delay. He stated that he thinks that’s owed, does not appreciate discrimination and he will not accept retaliation. Mr. Ubriaco stated that he is in contact with and would like to thank Patricia O’Beirne, Department of Justice Attorney and her staff, and the U.S. Attorney in Hammond who clearly stated in the press release that there will not be discrimination. He stated that you can authorize your ordinances, you can authorize your variances and you can enforce them but that does not include discriminating against people with disabilities.
Mr. Ubraico asked when does he get his variance. He stated that it was approved and wants it in writing, prefers it in certified mail, and wants a letter of apology, he thinks that’s owed. Other than that he looks forward to working with the Town of St. John, he loves this Town, it’s a very nice Town, it’s a great community, there’s a lot of great hard working people. But we are all in this together. Every one of us is one minute or second away from being disabled. He stated that he doesn’t have to tell you there’s been many times when the Police Department are always first on the call or the medical, zoom to the scene. These people, thorough professionals, caring, loving people in the right job. That’s what we all hope for all our vocations, that you’re in something you love, you want to do something and that is the only reason he did this. Because he was in it to help somebody, take all the other stuff and throw it away, this is what it was about. He thanked the Council and stated that he’s looking forward to some response on that.
Mr. Barenie asked Mr. Austgen as far as the couple of comments on the public record portion of the question and the notification portion; he assumed they can get that done rather quickly now that the ordinance and everything has been passed tonight. Mr. Austgen stated that he will recommend that Mr. Kil send a copy of the meeting minutes with a note to Mr. Ubriaco when they are prepared.
Mr. Barenie apologized to Mr. Ubriaco for the period taking so long.
Mr. Matt Wesley, 8640 Magnolia – stated that he suffered a spinal cord injury playing football at Lake Central last year and is confined to a wheelchair. One way his family has been able to cope with this is that they have been able to work and he has been able to attend Purdue Calumet. He was able to go there by taking South Lake County Community Services Bus Transportation. It has provided transportation for him in a wheelchair to go to therapy and school without his parents being there. It came to their attention that the funding for the organization for St. John has been dropped and he would like to encourage the Council to fund it. This provides a great service for people with a disability and elderly people to get to places they need to go. Not just him in a wheelchair but elderly people who need to go to doctor’s appointments and people of that nature. He would really like the Council to continue the funding.
Mr. Barenie thanked him for coming in tonight to make his point. He advised Matt that he came in a little late, the item has been added to the agenda and the funding has been approved for this year and next. He added that the process has never been considered to be dropped, they had asked for a deferring where they could look at the project cost of the CDBG grant that was going to commit the bids, from there they requested information from the agency to find out where the bus provides services in town. Mr. Forbes added that they never said they were not going to donate, they just needed time to figure out where the money was coming from and stated that they are more than eager to provide the service, but they still must justify it to the residents who are not using the service but technically paying for it.
s/s Sherry P. Sury
Mr. Barenie 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: Mark Barenie, President; Michael Forbes, Vice-President; Gregory Volk, Member; Michael Fryzel, Member; David Austgen, Attorney; Steve Kil, Town Manager. Also in attendance were Police Chief Fred Frego, Fire Chief Fred Willman; Director of Operations, Bob Pharazyn. Parks Superintendent Chip Sobek and John Mainwaring, Code Enforcement Officer. Absent were Jerri Teibel, Member and Sherry Sury, Clerk-Treasurer.
Mr. Kil referenced the letter he received from Allied Waste Services regarding the extension of the contract. Discussion ensued. Mr. Fryzel motioned to exercise the option to renew the contract for year three and year four. Seconded by Mr. Forbes. Motion unanimously passed.
Mr. Kil asked for approval for the following road projects:
W 90th Avenue $54,600
White Oak/109th $7,800
Ventura/Kelly Ct $14,600
101st & Northcote $13,000
103rd & Olcott $15,500
Discussion ensued. Mr. Fryzel motioned to approve these road projects for a total cost of $136,050.00 Seconded by Mr. Forbes. Motion unanimously passed.
Discussion ensued regarding the enclosure of recycling containers at Lake Central and Mr. Kil will send out a letter to them.
Mr. Volk stated that they accepted the resignations of Plan Commission Members, Jay Dahlin and John Mainwaring. Discussion ensued.
/s/ Sherry P. Sury
Mr. Volk added that the other contingency area was the same storage area with the cyclone fence that slats be placed in it, which they are going to do, and that verbiage is in this addendum.
Mr. Volk motioned to approve the variance for K & R Custom Collision at 9604-5 Industrial Drive contingent upon petitioner adding a land description in a manner satisfactory to the Town Administrative Staff. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.
Mr. Fryzel stated that the turn around signs for The Gates, discussed at a previous meeting, have not been put up yet. He also asked that next meeting’s agenda include discussion regarding the gate behind the high school so that it can be resolved prior to the start of school to give the school ample time to do what they need to do.
Chief Willman gave the Fire Department’s report for the month of May.
Chief Frego gave the Police Department’s report for the month of May. He added that on August 4th they are going to have their Second Annual National Night Out at Prairie West Park from 7:00 P.M. – 9:00 P.M. They felt last year was a success, would like to add to it this year and asked that the Town Council members try to attend.
Mr. Mainwaring gave his Activity Report for the month of May.
/s/ Sherry P. Sury
Opening Remarks – Ms. Sury stated that the appropriation to pay garbage fees from the general fund is no longer needed and the DLGF approves this reduction by order.
Town Council Comments – None
Open to the Floor – No comment
Closed to the Floor
Mr. Forbes motioned to adopt Resolution #09-07-23. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.
Mr. Forbes stated that for as long as he has been involved, a member of the Council has been on the Plan Commission and he is comfortable with that. Mr. Forbes nominated Mr. Volk for the Council position. Seconded by Mr. Volk. Motion passed with a vote of 3 ayes and 1 nay by Mr. Fryzel. Mr. Fryzel stated that it is his opinion that Council members should not sit on the Plan Commission. The Plan Commission is made up of residents and employees by law or elected officials, but he believes that Council members being on the Plan Commission may bring issues to the Town Council and they would receive double voting. That is why he said no. Mr. Volk added that this term is for five months, until 12/31/09 and they can revisit it at that time.
Mr. Volk stated that the Schafer Drive drainage project is complete.
Mr. Forbes stated that at the Sanitary District meeting this past Monday, Alex Monanteras tendered his resignation. He has retired and is moving to Tennessee. They will need to go through their applications again to fill his spot. Mr. Fryzel suggested that the Town present him with a plaque for his years of service.
Mr. Forbes stated that both he and Mr. Pharazyn received a call from Mr. Scheidt. Mr. Pharazyn added that Mr. Sheidt is definitely still experiencing flooding. Discussion ensued and Mr. Forbes and Mr. Pharazyn will both call Mr. Sheidt.
Chief Willman gave the June Fire Department Activity Report.
Chief Frego gave the Police Department’s Activity Report for the month of June. He added that the National Night Out will be held on August 4th.
Superintendent Sobek stated that they are finishing up the summer park programs in the next week or so. They have had good turn outs all summer. The last summer concert is this Saturday they have been averaging 250-300 at each concert. Mr. Barenie added they had a great volleyball program this summer.
Mr. Pharazyn stated that 500 meters have been replaced and the following projects have been completed: Schafer Drive/ Lantern Woods drainage project, landscaping at the water tower at the Gates of St. John and the Schillton Drive curve and road restoration project.
He stated that they began the 90th Avenue and Schillton Hills project this morning. They have applied 7.8 tons of cold patches throughout the Town, are in process of collecting branches (chipper) from some of the storm damaged areas of Town and have been ramping up their mosquito abatement activities.
Mr. Fryzel thanked the Public Works Department for the good job they did cleaning up after the wind damage. He also mentioned that a couple of the Town’s employees lost a loved one the past week. Rachel Wilkinson, the Administrative Assistant in the Fire Department lost her father and Bill Dodaro, President of the Police Commission, his wife lost her brother. He would like to express their condolences to those two families.
Mr. Kil stated that they had a meeting with representatives of INDOT on site with; Walsh & Kelly, the general contractor, and REX Construction, the underground contractor, regarding the project at 93rd Avenue and Route 41. Things are not going as smoothly as planned, there are some conflicts with NIPSCO; there are conflicts with some of the Town’s utilities. They do not expect anything to start before the first week of August.
Mr. Kil stated that CNN Money Magazine selected St. John as #48 and he has received a lot of e-mails and phone calls from residents congratulating them on that. This designation will be added on the website and put on the water bill. Discussion ensued. He stated that next year they will have a Town Planner where St. John will have their own calendar, a woman in Schererville is designing it, it does not require any funding from the town and she wants to showcase our #48 on the cover. Discussion ensued.
Mr. Kil stated that he had a request regarding the Prairie West Park bathroom facility to become handicap accessible. They can pave the area in front of the facility and he received a cost from Rock Solid Paving for $2,800; when they are in the area they can get the work done. If only a sidewalk is done, the cost would be $1,000 less. This was something they had planned to do but has not gotten done. The funds would come out of Park Impact Fees. Mr. Austgen concurred that the Town Council can make that decision and the money can come out of Park Impact Fees. Discussion ensued. Mr. Forbes motioned to approve the $2,800.00 asphalt project. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Barenie mentioned scriber-type errors on the agreement for the record.
1) On the first page under “Recitals” item 3 - the consultant has been with them three years rather than two.
2) Under “Covenants” item 2 – the term of the agreement shall be effective upon approval tonight. Mr. Austgen confirmed that is correct along with the cross execution with the Forystek’s.
3) “Covenants” item 3 – the operators shall be paid 10% of the net profits realized over the profits the Town received last year (the 2008 event). The exact amount will be confirmed by the Clerk-Treasurer and put in the contract.
Mr. Forbes motioned to approve the agreement with the above changes. Seconded by Ms. Teibel. Motion unanimously passed. Authorization for the Town Council President to execute was added by Mr. Forbes, seconded by Ms. Teibel and unanimously passed.
Mr. Austgen added a postscript to the two ordinances’ that were just considered. The Council has a report, with a recommendation from the Town’s Financial Advisors at Cender & Company, that support these actions and the amounts that are provided in the body of the instruments.
Mr. Forbes motioned to hold a Public Hearing regarding PILT for both the Water District and the Sanitary District on the September 24, 2009 meeting. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Barenie stated that he would like to schedule a special Town Council Study Session to discuss the 2010 budget. Mr. Forbes motioned to hold a special Town Council Study Session September 8th at 7:00 P.M. Seconded by Mr. Fryzel. Motion unanimously passed.
Ms. Teibel motioned to cancel the September 17th meeting. Seconded by Mr. Fryzel. Motion unanimously passed.
Mr. Barenie stated that Mr. Sobek received a call from Mr. Lotton about a week ago advising him that the soccer fields in The Gates were looking pretty good. They would probably be ready late this fall or early this spring. He asked that Mr. Sobek contact Mr. Lotton so that they can make arrangements for other St. John residents and schools to use the field for soccer related activities.
Mr. Pharazyn stated that they are within 100 meters of reaching their goal of 675 meters to be replaced this year in their water meter change out program. Four of the seven road projects that were approved at last month’s meeting have been completed. U.S. 41 will be ground and overlaid with a new coat of asphalt beginning at 77th Avenue in Schererville going all the way to U.S. 231. The project is set to begin on Tuesday, September 8th and will continue through October 31st. They will be working 24 hours per day perhaps 6 days per week to meet that deadline. The U.S. 41 & 93rd Avenue is well under way, they are two weeks behind due to utility conflicts; the original completion date was October 31st. The Lantern Woods storm sewage project has been completed and the Willow Ridge storm sewer project has been restored to the satisfaction of the residents that surrounded that project. During the month of September he will be getting to work on removing an old forged water line under 93rd Avenue to get it out of the way for the road construction project, they have to replace about 400 feet of water main on Olcott Avenue and they are also going to begin work on the 93rd Avenue storm water project.
Chief Frego read the July Activity Report for the Police Department. He also thanked the members of the Council for their participation in the Night Out event. The Open House is October 4th.
Mr. Mainwaring gave his monthly activity report.
Chief Willman read the July Activity Report for the Fire Department.
Mr. Kil asked for authorization to purchase ESRI GIS software to upgrade the system that is needed for the census. Mr. Forbes motioned to purchase the ESRI software for $6,311.23. Seconded by Mr. Fryzel. Motion unanimously passed.
Ms. Janet Brennan, 10151 Delmar Street – asked what happened to the contents of the trailers and the trailers themselves that were donated to the Haunted House last year. Mr. Pharazyn stated that the contents are in the basement of the Haunted House; the trailers themselves were not of value and were scrapped. Prior to disposal Mr. Bob Davis was in consultation with the Forystek’s to verify what was left in the trailers was garbage and would not be used.
Mr. Ken Forystek, 10158 Delmar – stated that in reference to the trailer, he looked through everything before it was disposed of. The owner did not want one trailer back.
Mr. Bill Dravesky, 9380 Howard Court – thanked Mr. Pharazyn for getting the work done. He does not know why there were three crews that needed to come out for the sod replacement. He stated that they are wasting money. Mr. Pharazyn stated that they purchase sod by the pallet and one crew is sent to various sod sites to measure out and prepare the sod, they may return with black dirt and after purchase they may return with the sod. Mr. Dravesky also stated that he went into a new subdivision in town and he could not see the stop sign because a tree was blocking the sign. There are many places in town where stop signs are not visible because of tree branches. Mr. Pharazyn stated that they are seeking out stop signs that are blocked due to branches and they try to give the resident the opportunity to trim the branches otherwise the town will trim and charge the homeowner.
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Barenie called the meeting to order at 7:11 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Mark Barenie, President; Michael Forbes, Vice-President; Gregory Volk, Member; Michael Fryzel, Member; Jerri Teibel, Member (left at 8:05 P.M.); David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Fred Frego, Police Chief; Fred Willman, Fire Chief; Bob Pharazyn, Director of Operations and John Mainwaring, Code Enforcement Officer. Absent was Chip Sobek, Parks Superintendent.
Dawn Pelc, 12701 Rosewood Court – stated that the presentation was too brief. She asked what the Town is spending the money on and that she would like to see more information on where the money is going. Ms. Pelc asked if the Town would be short of funds to which Mr. Kil responded yes and referenced the budget cuts of 2009. She then asked about a media board that was purchased and Mr. Forbes stated that the Town pays $1,200 annually. Mr. Kil explained the details of the rental agreement.
Tom Busch, 10178 Walsh St – asked how they would make up the deficit for 2009 and how will they make up $700,000? Discussion ensued regarding the Town’s reserves and the borrowing of funds. Mr. Forbes added that they need to make budget reductions for 2010.
Blanca Morales, 11335 W 93rd Ave – referenced the money that is received for speeding tickets and asked why there are no tickets being issued for speeding in the 25 mph zone on 93rd Avenue. She stated that the park at Prairie West has lights on 24/7; they do not need to be on all the time. Discussion ensued. Ms. Morales mentioned the number of 911 vehicles in operation and stated that they have too many. (Tape recorder became functional)
Chief Willman explained that they need a backup vehicle in case another call comes in while the other vehicle is out on a call and Chief Frego addressed the issues of the police vehicles. Mr. Forbes stated that the focus last year and this year; is not to compromise public safety.
Steve Testa, 8518 Heather Ct – asked about the money being spent for the Waste Water Treatment Plant expansion. Mr. Kil stated that they have the money in the bank for the project, and is not part of this budget. Mr. Forbes referenced the town’s 20% share in this project and Mr. Kil explained how the funds are raised through the capacity sewage charges under the Sanitary District. Mr. Kil stated that the Cumulative Sewer budget has nothing to do with sanitary sewer; they use that fund for storm water projects.
Janet Brennan, 10151 Delmar St – asked if the PowerPoint presentation, the Form 1’s and the meeting agendas could be put on the town website. She stated that Hanover is crowded the same as Lake Central and asked how the Police Department budget compares to those of other towns. Mr. Kil stated that in every single community, without question, the Police Department occupies most of the budget, when he was in Schererville the Police Dept was at one point up to 67% of the budget; the fact that St. John can keep it at under 50% is a success. Mr. Barenie stated that they would look at the Form 1’s to see where they can trim the budget.
Ken Koza, 13715 W 92nd Ct – asked if they get some of their revenue based on population from the riverboats. Mr. Kil stated that they do and referenced the funds the town receives based on the population, that the 2010 census will help them tremendously and referenced the timeframe when these funds would be received after completion of the census.
There were miscellaneous questions posed regarding the police pensions, the budgets of the Park & Recreation Department and Town Council (general budget). Discussion ensued regarding the fire hydrant rental fees, the process of the public hearing for the budget and if salary cuts are being considered. Mr. Barenie stated that everything is on the table.
Mr. Barenie closed the public comment section of the meeting and thanked the residents for their participation He stated that during the past 12 months a lot has been done to cut expenses, the town staff has done a great job and that they have absorbed a lot of those cuts. The most recent Standard & Poor’s rating was an “A” which enabled the town to get the lowest interest possible on water revenue bonds. The challenge is the revenue base and that they are looking at a lot of different items and will continue to do that.
Mr. Pharazyn stated that a St. John resident, Mr. Steve Kovach, who is the Head Estimator for Reith Riley, approached him regarding the grinding materials needed for the soccer fields at The Gates subdivision. Typically the company would take those back to their plant and recycle the grindings and turn them into asphalt for the work projects. Reith Riley will donate the grindings worth about $40,000 in stone and haul the grindings free of charge.
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Austgen stated that the first bid was from Emergency Mobile Technologies, and contained a cover letter stating that they will not be submitting a bid. The second bid was from Fire Service, Inc. He stated that the bid submitted was in the amount of $127,255.00 for a 2005, 4400 Series International deliverable immediately. The bid bond is present in the amount of 5%; there is a non-collusion affidavit executed and notarized; and an apparent recognition of the specs by attachment of it. Mr. Austgen advised the Council to take the bid under advisement for review and recommendation. Mr. Fryzel motioned to take the bid under advisement for review and recommendation. Seconded by Mr. Forbes. Motion passed with a vote of 4-0.
Town Council Comments
Mr. Kil stated that in light of the 2010 deficit that the Council accepts the recommendations made by him to restructure the staff to the tune of about $250,000, which is his first recommendation. Mr. Barenie asked if they could still look through operating expenses and Mr. Kil confirmed that they would look at operating expenses until the end of the year.
Mr. Barenie opened the hearing for public comment. (Exhibit 1)
Open to the Floor
Janet Brennan, 10151 Delmar St. – stated that the budget information was on the web, thanked the Council and inquired if there was any information available regarding the restructuring. Mr. Austgen stated that there is a report recommendation that is a work in progress by the Town Manager to the Council. You will hear some affirmation by the Council this evening that the Town Manager will be directed to work through those recommendations as presented to restructure, reorganize the employee functions and the employee positions. To answer your question directly, it is not firm, but there is a presentation on how to go about it. It is not final yet though.
Tom Busch, 10178 Walsh St. – asked where does it leave them. Mr. Austgen stated that the budget is balanced for 2009 and that the Town is operating correctly within an approved budget and fund balances. Discussion ensued.
Dawn Pelc, 12701 Rosewood Court – gave suggestions on how to reduce the shortfall by the increase of revenue for having out of state vehicles registered and referenced programs in Hammond and Merrillville and the grant money they receive. She asked why St. John is considering taking on the mortgage of Quad Town Safety Village. Discussion ensued.
Chief Frego summarized the programs offered by the Safety Village and mentioned that they received a grant for the Village. Chief Willman added they have been involved since it’s inceptions in 1993. There is not enough to keep it up and it is a worthy cause. It is not the same as when they go out to schools. Mr. Barenie stated that if they are going to support the term long term and if they have the money available in a particular fund – not the General Fund – it would save thousands of dollars in interest and feels it is the responsibility of the Council to keep the Safety Village going for the benefit of the children.
Mr. Barenie closed the floor to public comment.
Mr. Fryzel left the meeting during the public comment.
Closed to the Floor
Mr. Forbes motioned to accept the recommendation of the Town Manager. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Mr. Forbes motioned to consider Ordinance #1496 on first reading only. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Town Council Comments – None
Open to the Floor – None
Closed to the Floor
Mr. Forbes motioned to defer Ordinance #1497 until a later date to do some more review and work with the financial advisor regarding some of the fee structures. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Town Council Comments – None
Open to the Floor – None
Closed to the Floor
Mr. Forbes motioned to defer Ordinance #1498. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Chief Willman read the August Activity Report for the Fire Department and a summary of the in-service training.
Mr. Mainwaring read the Code Enforcement Report for the month of August.
Mr. Sobek stated that the Parks Department has been doing some upgrades and some safety things in the parks the past month or so and will continue to do that. He stated that the Park Board is planning a “Boo Bash” at Prairie West Park on October 24th from 12:00 P.M. to 3:00 P.M.; it is still in the planning stages at this point.
Mr. Barenie thanked the residents for coming out the past two meetings; he stated that there has been a larger than usual turnout and that there has been some great questions, dialogue and ideas for the future.
Mr. Austgen stated that about two or three weeks ago Ms. Sury gave the Council a report on the fund availability for the purchase of the Fire Rescue vehicle. He stated that he funds are available and recommended that to avoid the necessity of waiting three weeks between now and the next Town Council meeting, that the Council would consider making an award subject to verification of compliance of the bid requirements in all respects. Mr. Forbes motioned to award the bid subject to verification of the bid submittal for the Fire Emergency Rescue vehicle. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Mr. Austgen asked Mr. Barenie to request that Chief Willman and the Town Manager, Mr. Kil, write a letter to the Clerk for that verification. Mr. Barenie stated that he would do so.
Mr. Forbes referenced a bill from Leons Fabrication in the amount of $1,360.00 for a snow -plow part that needed approval for payment that is not on the docket and stated that it was previously incorrectly coded under the utility district.
Mr. Forbes motioned to approve bill payment memo’s #8588 - #8794 in the amount of $1,924,980.76 less the bills just discussed along with the approval of payment for the snow-plow part. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Mr. Barenie asked Ms. Sury to distribute copies of the statement and petition to the Council members and appropriate department heads. He also asked Mr. Kil to arrange a meeting in the next week or so with himself and Mr. Kil, Mr. Forbes, the electrical inspector and to see if he can get Mr. Phillipe to attend. He stated that the meeting would be held at town hall.
Mr. Forbes stated that he knew there were some concerns, but he was not aware of the level involved.
Mr. John Jacobson, 8890 West 103rd Lane – stated that he closed on his house three years ago and has not had resolution of his construction problems. He also mentioned that he lives on the pond and it is not being maintained.
Mr. Volk added that they would also need to talk to Mr. Lotton regarding the pond maintenance.
Ms. Margaret Ash, 10356 Adler Cove – stated that there are no vents in her attic.
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Barenie stated that they were in the middle of an Executive Session and that they were not able to finish the Executive Session earlier; immediately after this meeting, they will return to the Executive Chambers and finish their meeting there.
Ms. Teibel referenced Section 3 as it relates to COBRA and asked if there are other stipulations to that so that the employees have the opportunity to apply for the new government program and if there could be changes to the Ordinance if needed to help the employees out.
Mr. Austgen stated that his firm is researching that item and if the insurance company gives specific language the Council can amend the Ordinance to reflect that language.
Mr. Forbes motioned to consider Ordinance #1501 on first reading. Seconded by Mr. Volk. Motion unanimously passed.
Mr. Forbes motioned to adopt Ordinance #1501. Seconded by Mr. Volk. Motion unanimously passed.
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Barenie 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: Mark Barenie, President; Michael Forbes, Vice-President; Michael Fryzel, Member; Jerri Teibel, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance were: Fred Frego, Police Chief; Fred Willman, Fire Chief and Chip Sobek, Parks Superintendent. Absent was Town Council member Gregory Volk.
Mr. Kil stated that the budget review and the reduction process is still ongoing, the Council should have recommendations on reductions prior to the November 19th meeting.
Mr. Barenie reviewed the steps taken to reduce expenses and balance the budget.
Mr. Forbes motioned to adopt Ordinance #1496 the 2010 Municipal Budget. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.
Mr. Forbes also stated that the total number of visitors to the Haunted House was 1,569; given that number of people and the average number of visitors per day and the weather, they will recoup the money they spent on the Haunted House on this Friday.
Chief Frego gave the Monthly Activity Report for the month of September for the Police Department.
Chief Willman gave the Monthly Activity Report for the month of September for the Fire Department.
/s/ Sherry P. Sury, Clerk-Treasurer
Ms. Sury stated there is an outstanding bill for the parking lot at The Gates for $19,830.08, there is no appropriation remaining that we have permission to spend; however, there is money in the fund. They are asking for approval for an additional appropriation, to take the money from the fund and put it in the appropriation so this bill can be paid and are asking for $30,000.00 in case any other charges come in.
Mr. Barenie opened the floor for Public Comment
Public Comment – None
Mr. Barenie closed the floor to Public Comment
Mr. Forbes motioned to approve the additional appropriation for the Park Improvement Capital Fund Resolution #09-11-19. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Mr. Volk advised Chief Frego that he has received complaints regarding truck traffic on Keilman mainly heading north from 95th trying to turn onto 93rd, truck semi’s making deliveries. He stated that he discussed this with Mr. Kil and asked the Chief to look at no trucks north of 95th and encourage the local deliveries to go south on Keilman down to 97th. The trucks are tearing up the intersection of Keilman and 93rd, would like to funnel them down to 97th and let them use the light on 97th. Discussion ensued and Chief Frego stated that he would look into it.
Mr. Volk suggested as a cost containment effort for the new year that they bid contractor costs for emergency services such as snow plowing, material of stone and dirt, or for a water main break to make sure they are getting the best prices. He summarized the process of building a list of contractors that would include pricing to be used when needed including emergency situations. Mr. Kil stated that they could tie them into a fixed cost and request that information and that he would follow up on this soliciting for pricing only. Discussion ensued. Mr. Austgen stated that they do not need to bid because they are looking for pricing only since they do not have a specific job. They could bid it or solicit proposals from companies known to do that work or provide those kinds of services, equipment and manpower. The statute does not provide for a mechanism on this particular item. It does, however, if you are going to public works bid a specific project.
Mr. Kil asked the Council to approve the annual license with Microsoft in the amount of $28,649.70 which will be split between 5 departments. Mr. Forbes motioned to approve the expenditure for the Microsoft licensing in the amount of $28,649.70. Seconded by Ms. Teibel. Motion passed with a vote of 4-0.
Chief Willman gave the Monthly Activity Report for the Month of October, 2009. He added that the Annual Public Safety Open House was held on October 4th, 2009. On behalf of the entire Fire Department he would like to thank all the departments in town for sharing their timely resources with them and stated that it was definitely a unified effort of everyone involved that made the occasion a success.
Chief Frego gave the October Activity Report. He added that the Tech Grant they were awarded a year ago is finally here, they are in the process of ordering the appropriate equipment that the grant covers and it should be here in a couple of months.
Ms. Cribari asked what is going on with the mechanic. She referenced the article and stated that a board member knew of the mechanic working in the town garage after hours and chose not to do anything about it for over a month and believes something was done. She stated that maybe this mechanic is getting his personal car worked on. She continued to reference the article and questioned if the mechanic was working on people’s cars that work for the town after hours, the deal that was cut, and if he should be let go. Ms. Cribari stated that this is an abuse of tax dollars and asked for clarification. Mr. Forbes stated that there was an issue with that but it has been dealt with. Ms. Cribari asked if it is public record. Mr. Forbes stated that it is not; it was a personnel matter. Ms. Crabiri asked if the residents had a right to know and stated that obviously tax dollars have been abused. She asked if the mechanic was being paid overtime for working after hours. Mr. Barenie said that he can guarantee there was no overtime paid; he has gone through all the records and added that part of the issue with her questions is that she is getting this information from the comment section of the newspaper article on the Internet. Discussion ensued. Ms. Crabiri stated that the Council has already acknowledged that this is happening and is a personnel thing. Mr. Barenie stated that the day it came to their attention it was dealt with. Ms. Crabiri questioned what the reprimand was and Mr. Kil stated that it was dealt with according to the Town’s personnel policy. Discussion ensued. Mr. Kil stated that there was a reprimand handed out. Ms. Cribari asked if the reprimand was handed out to the mechanic and if he was still working for the town. Mr. Kil confirmed that there was a reprimand and that he is working for the town. Ms. Cribari questioned why they couldn’t find out whose cars he was working on. Mr. Kil referenced the one incident. Ms. Cribari asked why there is no public record on this. Mr. Kil stated that there is never any public record of a personnel matter. Discussion ensued. Ms. Cribari asked for the identity of the mechanic’s name. Mr. Kil stated that it was Mr. Larry Bustmante. She asked whose cars he was working on and Mr. Kil stated that he was working on town cars now. Mr. Kil stated that he was never paid on town payroll and after hours, he does have his own tools in the shop and that issue....Ms. Cribari interrupted and stated that so the tax payers are not allowed to know. Ms. Kil referenced her earlier question that when it was brought to the attention of the Council that it was dealt with in accordance with the personnel policy. Ms. Cribari stated that it is an abuse of tax dollars, these people should be fired and that she wanted to state for the record, that if there are any town employees that know of anything going on, they should come to the meeting and they should present it to the Council. If they have a beef, they know something is going on, they shouldn’t fear for their jobs and be afraid to say something which has been said even if on the Internet, put it on public record. She stated that she hardly doubts any retaliation would come. Discussion ensued.
Ms. Cribari also mentioned that the Council got a nice raise a couple of years ago, about $2,000 each, and asked if they would consider taking a pay cut next year? She stated that Mr. Austgen did and the employees did. Discussion ensued. Mr. Volk and Mr. Barenie stated that they have discussed it and it’s on the list. Ms. Teibel asked Ms. Cribari if she knew how much they made and stated that she believes it is about $16,000.00 a year. Ms. Teibel stated that her pay was just under $10,000.00 a year. Discussion ensued with the correct amounts provided of $16,000.00 for the President and $14,000.00 per year for each board member. Ms. Cribari stated that they should have more study sessions and one meeting a month. Mr. Barenie stated that one meeting a month slows the town down it they vote on business once a month. Discussion ensued.
Blanca Morales, 11335 West 93rd – stated her concerns about the renovation on 93rd where she lives, the blacktop on the street is higher than it used to be and is concerned the water/snow will come right into her yard. The sidewalks in front of the administration building for the church are higher as well. She stated that her neighbor on the corner told her that there is no drainage system in place. The blacktop is crumbling in front of her driveway. Mr. Kil told her the project of 93rd is complete except for restoration and that he will look at the crumbling driveway.
Janet Brennan, 10151 Delmar Street – stated that she agrees with Ms. Cribari on the work -study sessions. She asked about the Christmas in the Park budget. Mr. Kil stated that it is basically the same as last year and the fireworks are donated by the local businesses. Discussion ensued. She offered her congratulations on the Haunted House; the kids have been promised a party every year and they haven’t had one yet. Ms. Brennan also congratulated them on getting the board and committee application on the website. She asked about the remaining budget cuts and Mr. Barenie stated that they are still working on it and they will have it all at the next meeting.
Adrian Bugariu, 11747 West 90th Avenue – stated that he has lived 32 years in St. John, for 32 years non-stop, the Police Department has terrorized him and referenced the letter he presented to Mr. Barney and Mr. Forbes. Mr. Austgen interjected that this commentary should be stopped Mr. Bugariu has commenced his legal proceedings and his claims and his notices and this is not the forum for that and is inappropriate. Mr. Barenie told Mr. Bugariu that Mr. Austgen is correct. This is an open item with legal ramifications that is not settled and advised Mr. Bugariu that he is welcome to speak on items other than the lawsuit. Discussion ensued.
Mr. Volk asked Mr. Kil if they have a contractor’s board. Mr. Kil stated that he listed examples of the boards and that this one is not in the newspaper article, it is too late to change the article but that he will add it on the website. Discussion ensued and they are extending the date to the 30th.
Mr. Bugariu asked if he heard right a million dollars for the phone company. Mr. Forbes stated that amount was not for the phone company; it is to run the town.
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Austgen opened the following bids:
1) Anthony M. Rossi, Hammond, IN, bid amount of $3,698.13, accompanied by a 5% bid deposit of $185.00 in the form of a money order.
2) Nicholas Perez, East Chicago, IN bid amount of $1,008.00, accompanied by bid deposit of $52.00 in the form of a money order
Mr. Forbes motioned to accept and award the bid to Anthony M. Rossi for the fire vehicle. Seconded by Mr. Fryzel. Motion unanimously passed.
Mr. Fryzel motioned to adopt Ordinance #1502. Seconded by Ms. Teibel. Motion unanimously passed.
Mr. Fryzel motioned to adopt Ordinance #1504. Seconded by Ms. Teibel. Motion unanimously passed.
Ms. Teibel motioned to adopt Ordinance #1505. Seconded by Mr. Fryzel. Motion unanimously passed.
Ms. Teibel motioned to adopt Ordinance #1506. Seconded by Mr. Forbes. Motion unanimously passed.
Mr. Barenie stated that Mr. Ferrini spent numerous Saturdays working on this document and it was a privilege to work with him and to know him for such a short time, (Mr. Ferrini has since passed away), he did a fantastic job championing through all three boards, the Safety Village Board, the St. John Town Council and the Schererville Town Council, all unanimously.
Mr. Forbes added that it was always a pleasure working with Mr. Ferrini and working with him on the Safety Village rekindled their friendship and started the professional courtesies between the towns again and they will continue to build on that. He asked that they have a moment of silence on behalf of Perry Ferrini.
Mr. Austgen referenced an editorial in today’s newspaper that discussed the ties, commonalities and the mutuality of cooperation that can be found. Those items have resulted directly from the communications that have occurred over this last short period of time by the executive officers of this town and those of the Town of Schererville and has gone down to the staff levels for the beginning of implementation. Those discussions would never have taken place and hadn’t historically, until the doors were kicked down by these series of communications, meetings, and gatherings to begin to become acquainted, to begin to understand the commonalities and to begin to realize the realities of those commonalities and how mutually both communities and all of the residents can benefit. That only happened as a consequence of this.
Mr. Forbes stated that a letter has gone out to the employees advising them that they were going to do this. The employees have worked extremely hard this year, given the changes this year they have picked up the gauntlet and ran with it. He stated that this day off is a small thank you and that the letter stated it was from Mr. Barenie and himself; it should have noted Ms. Sury and the rest of the Council as well.
Ms. Teibel motioned to grant Christmas Eve as an additional employee holiday. Seconded by Mr. Fryzel. Motion unanimously passed.
Mr. Fryzel extended his condolences to the Schilling family on the passing of Estelle Schilling on Wednesday.
Mr. Barenie thanked the entire staff and the volunteer committee members for a job well done this year, he stated that it was a tough year, very challenging, and appreciates all the time and work they gave.
Ms. Sury stated that the revenue for Christmas in the Park was around $4,631.04 and they disbursed $6,329.00, the cost was minimal but it was a success. She stated that there is one more bill to come in for the cookies for around $600.
Ms. Sury asked permission to issue and release a check for Comfort Catering in the amount of $450.00 to pay for the food for the Christmas Party. Mr. Fryzel motioned to release the check for Comfort Catering for $450.00. Seconded by Ms. Teibel. Motion unanimously passed.
Ms. Sury asked if the meeting schedule for 2010 would be the same so that she can notify the media in letterform prior to the beginning of the year. Discussion ensued; scheduling will be addressed at the meeting on the 30th.
Ms. Cheryl Cribari, 9338 Olcott – stated that she wanted to follow up on the situation of the mechanic fixing cars (inaudible) and asked if anything can be done to change the policy. (Inaudible) Mr. Barenie stated that he was not clear on any theft that was discussed. (Inaudible) Mr. Kil stated that she misunderstands the issue. He stated that there was no abuse of tax dollars, there was no abuse of work time hours, this is a personnel issue and that it should not be addressed here. (Inaudible) Discussion ensued regarding the request of the identity of the mechanic and the employee whose car was getting worked on that was previously answered. Mr. Forbes stated that the name of the employee who was getting his car worked on was a personnel matter and is completely different. Discussion ensued. Mr. Kil stated that he would not discuss a personnel issue in this forum. Ms. Cribari stated said she would file a Freedom of Information request. Discussion ensued. Mr. Kil stated that if a request is received that he would review it; Mr. Austgen stated that the entire discussion is personnel and should be stopped. Ms. Cribari stated that the policy does need to be looked at.
Mr. Steven Hastings, 8740 Patterson – referenced the area of Patterson & Oakwood that has been constantly fighting power outages. He wants to advise the Council that they need to stay on NIPSCO to trim the trees and that will stop the power outages.
Mr. Bugariu asked if it is a conflict of interest to have two positions in the Town of St. John. Mr. Barenie stated that it is not, it happens in many towns.
/s/ Sherry P. Sury, Clerk-Treasurer
Mr. Forbes clarified that this increase is due to the increase of cost from the Schererville Treatment Plant. They have worked throughout the year(s) trying to do different things and have been trying to prevent rate increases. This is something that is beyond their control; it is something that happens as a result of the biennial rate study.
Mr. Barenie opened the meeting to the floor.
No public comment.
Mr. Barenie closed the meeting to the floor.
Mr. Forbes motioned to consider Ordinance #1503 on first reading. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Mr. Forbes motioned to adopt Ordinance #1503. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Mr. Forbes motioned to consider Ordinance #1497 on first reading. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Mr. Forbes motioned to adopt Ordinance #1497. Seconded by Mr. Volk. Motion passed with a vote of 3 -0.
Mr. Forbes motioned to consider Ordinance #1498 on first reading. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Mr. Forbes motioned to adopt Ordinance #1498. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Mr. Barenie referenced a note that he received from a resident who was having problems with the 93rd Avenue project and summarized its contents. She congratulated them on a great job on 93rd Avenue and completing the project before the bad weather set in, that in spite of the tough economy the tree lighting was fantastic and it has become a family tradition. A special thanks for balancing the budget, a great idea on the calendar and her thanks to all town officials and employees for doing such a great job around town was also expressed.
Chief Frego read his November Activity Report. He added that on December 12th they participated in the Wal-Mart Shop with a Cop program for the 5th year. They were able to take care of seven children.
Mr. Kil wished everyone a Happy New Year.
Wally Costenaro, 8713 Lantern Drive – stated that he received a notice from Building & Planning on Christmas Eve regarding an abandoned vehicle on the side of his garage. He stated that it is a 1947 Republic CV aircraft that is covered with camel tarps and has had it there a couple of years. He referenced the notice that stated that he had to move the abandoned vehicle off the property. Mr. Costenaro stated that he sent an e-mail to Building & Planning and has not heard back. While he was looking up what the code (Ordinance #1322) was on the Internet, saw there was a meeting tonight and stated that he would like to keep his airplane; it’s on his driveway. It is not abandoned; it is an expensive piece of equipment, he is doing a costly refurbishing on it, and needs to know what steps he needs to take.
Mr. Kil stated that the ordinance is silent on aircraft on driveways; it is interpreted as something as inoperative in the driveway. His only remedy would be to go before the Board of Zoning Appeals for a variance. Mr. Austgen suggested he meet with Mr. Kil and Mr. Mainwaring and discuss his options.
/s/ Sherry P. Sury, Clerk-Treasurer