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Town Council Meeting Minutes 2009

Meeting Minutes

01-15-2009 Town Council

January 15, 2009 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; Michael Forbes, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance were: Fred Frego, Police Chief; Bob Pharazyn, Director of Operations and John Mainwaring, Code Enforcement Officer. Absent were Fred Willman, Fire Chief and Chip Sobek, Parks Superintendent.

Election of Officers

Mr. Fryzel nominated Mr. Barenie for President. Seconded by Ms. Teibel. Motion unanimously passed.

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.

NEW BUSINESS

Consider 2009 Board and Commission appointments
Board Liaison Assignments -
Mr. Barenie made the following recommendations for the Board appointments:

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.

Commission Appointments
Plan Commission, Planning & Development Advisory Commission and Board of Zoning Appeals - Mr. Barenie tabled these appointments until next week.
Police Commission Board -
Mr. Barenie recommended that the Board remain the same by reappointing Rose Hejl, Donald Farris and Ron Vale all through 12/31/2012. Mr. Forbes motioned to accept the recommendation. Seconded by Mr. Fryzel. Motion unanimously passed.
Impact Fee Advisory Committee -
Mr. Barenie asked Mr. Austgen about this committee since it was just done. Mr. Austgen stated that the Impact Fee Advisory Committee is required to meet in advance of any actions taken to consider amendments or renewals of the Impact Fees that are proposed to be imposed by the Town and it’s at a five year interval. Since the Council just completed that process for the Parks, they are not pressing to fill those appointments right now. Mr. Kil asked if they need a review committee. Discussion ensued and Mr. Barenie deferred this item.
Redevelopment Committee -
Mr. Barenie recommended that the members of the Town Council remain as the members of the Committee. Mr. Forbes motioned to accept the recommendation. Seconded by Ms. Teibel. Motion unanimously passed.
Sanitary & Waterworks Districts -
Mr. Barenie recommended that Ken Gembala, Patricia Sims-Smierciak and Michael Hanlon all be reappointed through 12/31/2012. Mr. Forbes motioned to accept the recommendation. Seconded by Mr. Fryzel. Motion unanimously passed.
Economic Development Commission –
Mr. Barenie tabled this appointment until next week.

Mr. Barenie deferred the annual appointments for the Town Attorney and Engineer.

Tri-Town Safety Village – annual donation of $2,000.00 –
Mr. Kil stated that this is the same amount they give every year. Mr. Forbes motioned to make the $2,000.00 donation to the Tri-Town Safety Village. Seconded by Ms. Teibel. Motion unanimously passed.
2009 St. John Fire Department Roster -
Ms. Teibel motioned to approve the official roster as submitted. Seconded by Mr. Fryzel. Motion unanimously passed.
Resolution #09-01-15, a resolution to write-off uncollectible bad debt –
Mr. Kil stated that they are trying to write-off the bad debt semi-annually. Mr. Austgen stated that this is the statutorily prescribed procedure for clearance of the books for debt that’s deemed uncollectible. Mr. Forbes motioned to approve Resolution #09-01-15 uncollectible bad debt. Seconded by Ms. Teibel. Motion unanimously passed.
Consider NIPSCO Rate Intervention proposal –
Mr. Kil referenced the cover letter in the Town Council member’s packets. He stated that the Town is looking at potentially $10,000 to $12,000 as St. John’s share; it depends upon how many communities participate in this. Mr. Ted Sommer (Managing Partner of London Witte Group) is looking at doing a NIPSCO Rate Intervention; this has not been done in about twenty years and would not affect residential customers. Mr. Sommer has identified a rate structure at NIPSCO where the profitability is way too high and has a number of communities to sign on and is waiting to hear from St. John and Munster. The last intervention that was done, the communities that intervened did get their money back, their cost of the intervention, as part of the settlement. Mr. Sommer cannot guarantee that but he suspects to be treated in much the same manner as the previous one and anticipates that the Town would save at least 5% annually.

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.

Resolution #09-01-15A, a resolution to encumber various funds -
Mr. Forbes motioned to table Resolution #09-01-15A. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1483, an ordinance of 2009 Master Zoning Ordinance (favorable recommendation from Plan Commission) –
Mr. Fryzel motioned to approve Ordinance #1483. Seconded by Mr. Forbes. Motion unanimously passed. Mr. Austgen stated that one reading was only required, it is an adopted ordinance now and publication, because of the penalty provisions is required for effectiveness. It is ministerial on staff level now for effective date. Mr. Austgen will handle the publication.
Consider Robinson Engineering services agreement for 2009 (item H) –
Consider Austgen Kuiper & Associates services agreement for 2009 (Item I) -
Consider JDM Consulting services agreement for 2009 (Item J) -
Mr. Forbes motioned to table items H I, and J until next week. Seconded by Mr. Volk. Motion passed with a vote of 3 ayes and 2 nays by Mr. Fryzel and Ms. Teibel.

Reports & Correspondence

Town Council -
Mr. Volk thanked the Public Works crew for the good job they are doing with the snow removal. Mr. Barenie and the other Council Members agreed as well.
Clerk-Treasurer -
Ms. Sury stated that her office is working on the list of residential customers to be billed for the garbage.
Staff -
Mr. Kil inquired if there would be a Town Festival this year and stated that he is getting a lot of phone calls. Ms. Teibel asked Mr. Kil to pull the amusement contract and stated that she believes it is a four-year contract.

Public Comment –

None

Adjournment –

Mr. Barenie adjourned the meeting at 7:20 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

01-22-2009 Town Council

January 22, 2009 Town Council Meeting Minutes

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; 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; Bob Pharazyn, Director of Operations and John Mainwaring, Code Enforcement Officer. Absent was Chip Sobek, Parks Superintendent.

Approval of minutes: November 24, 2008 and December 18, 2008 Regular meeting minutes -

Mr. Fryzel motioned to approve the minutes of the November 24 and December 18, 2008 regular meetings. Seconded by Mr. Forbes. Motion unanimously passed.

Public Hearings:

Sanitary Sewer System Development Charge Change Rate – Ordinance #1485
Proofs of Publication – Mr. Austgen verified that the Proofs of Publication of Notice of Public Hearing for each of the two public hearings this evening; have been made. The publisher’s affidavit of The Times and the Post-Tribune are in evidence. Timely publication has occurred and the public hearings may be held.

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.

Water Utility System Development Charge Change Rate – Ordinance #1486
Proofs of Publication – Mr. Austgen stated that the Proof of Publication is in evidence, he reviewed same. The publication meets the requirements of law for notice to the ratepayers of a Public Hearing and the Public Hearing may be validly held. As with the previous ordinance and the previous rate the Council just adopted, this is a one-time charge made by new customers to the Utility for new connections to the utility. It is not a rate imposed upon the existing rate payers of the rate base.

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.

New Business

Consider 2009 Board and Commission appointments
Plan Commission –
Mr. Barenie recommended Steve Kil, John Mainwaring, Joe Wachowski and resident Dan Morang.
Board of Zoning Appeals –
Mr. Barenie recommended Jim Maciejewski.

There is an open position for the Lake County Coalition.

Economic Development Commission –
Mr. Barenie recommended Robert Meinzer.

Mr. Forbes motioned to accept Mr. Barenie’s recommendations for the Board and Commission appointments. Seconded by Mr. Fryzel. Motion unanimously passed.

Resolution #09-01-15A, a resolution to encumber various funds -
Mr. Fryzel motioned to adopt Resolution #09-01-15A. Seconded by Ms. Teibel. Motion unanimously passed.
Consider Contractual Agreement with the St. John Township Trustee’s Office for Senior Citizen Drop-In Center and Bus Service -
Mr. Forbes stated that this is the $1500 donation that is done yearly. Mr. Forbes motioned to authorize the donation of $1,500.00 to the Jean E. Shepherd Trustee’s Office for the Senior Citizens Drop Bus. Seconded by Mr. Volk. Motion unanimously passed.
Consider Robinson Engineering services agreement for 2009 -
Mr. Fryzel motioned to accept the agreement as submitted. Seconded by Ms. Teibel. Motion unanimously passed.
Consider Austgen Kuiper & Associates services agreement for 2009 -
Ms. Teibel motioned to accept the agreement as submitted. Seconded by Mr. Fryzel. Motion unanimously passed.
Consider JDM Consulting services agreement for 2009 –
Mr. Forbes inquired if the contract that is in their possession contains the modifications. Mr. Kil stated that there was a slight modification that Mr. Austgen prepared today. It allows the contract to be terminated without cause by notice of either party. The amount is not written in; $30,000 was budgeted this year and will be written in if that amount is okay. Mr. Kil stated that the contract is for on-call service. Mr. Fryzel motioned to accept the agreement as submitted for JDM Consulting. Seconded by Ms. Teibel. 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.

Reports & Correspondence

Town Council
Mr. Barenie stated that the Town of St. John and the Staff Department Heads would be putting together a document that will be basically the 2009 Operating Plan, a road map. Drafts will be prepared by the end of this month.

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.

Clerk –Treasurer –
None
Staff
Mr. Pharazyn stated that they began a water meter replacement project in January through the utility board. They will be replacing all the water meters in town that are in excess of ten years and older. There are approximately 700 of those meters and plans to get the majority of this done this year.

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 = 106District 1 = 83District 2 = 15District 3 = 8
2008 Total Calls = 964District 1 = 828District 2 = 97District 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.

Payment of Bills for the Corporation

#9453 - #9470 for $1,660,568.93 and #7000 - #7185 for $1,095.549.99 (Total $2,756,118.92) - Ms. Teibel motioned to accept general vouchers #9453 - #9470 and #7000 - #7185 in the amount of $2,756,118.92 payment of bills for the Corporation. Seconded by Mr. Fryzel. Motion unanimously passed.

Public Comment –

None

Adjournment –

Mr. Barenie adjourned the meeting at 7:30 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

02-19-2009 Town Council

February 19, 2009 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 7:00 P.M. and asked John Mainwaring to lead the Pledge of Allegiance. Roll call was taken with the following members present: Mark Barenie, President; Michal Forbes, Vice-President; Gregory Volk, Member; Michael Fryzel, Member; Jerri Teibel, Member, Tim Kuiper for David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance 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.

New Business

Request for Knights of Columbus for annual “Tootsie Roll Drive” at 93rd Avenue and U.S. #41 –
Mr. Kil referenced a previous discussion by the Council to only allow one group on the corner. Mr. Fryzel mentioned that safety was their concern because this is such a busy intersection. Discussion ensued. Mr. Kil stated that he will advise Mr. Keilman that the Council will not allow the “Tootsie Roll Drive” at this intersection.

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.

Consider annual CF-1 Form for St. John Professional Center – development at 10200 Wicker Avenue –
See above
Consider annual CF-1 Form for J.L. Shandy Transportation, Inc. – development at 10115 Ravenwood Drive –
See above
Consider annual CF-1 Form for Perm Industries, Inc. – development at 9660 Industrial Drive –
See above
Consider annual CF-1 Form for Meyers Development, Inc. – development at 8400 block of Wicker Avenue –
See above
Consider annual CF-1 Form for Welch Partners, LLC. – development at 9601 North Industrial Drive –
See above
Consider annual CF-1 Form for Welch Partners, LLC. – development at 9585 North Industrial Drive –
See above
Resolution #09-02-19, a resolution authorizing a temporary transfer and loan of funds –
Ms. Sury stated that this is necessary because the Town has not received their tax settlement from Lake County yet. Ms. Teibel motioned to adopt Resolution #09-02-19. Seconded by Mr. Fryzel. Motion unanimously passed.
Ordinance #1487, an ordinance establishing a Town of St. John Finance Committee –
Mr. Barenie stated that there was one adjustment from the original draft and that was to include a member from the Clerk-Treasurer’s office as deemed appropriate by the Clerk-Treasurer. It does not have to be the Clerk-Treasurer it can be anyone she designates. Mr. Fryzel referenced the duties of the Clerk-Treasurer and asked how this impacts this position, should the committee be advising the Clerk-Treasurer and not the Council, he asked if it is legal to set it up to report to the Council. Mr. Kuiper stated that it is an advisory committee to report to the council, it is legal and it is appropriate if the Council chooses to do so. Mr. Fryzel suggested not calling it the Finance Committee because that legally is the Clerk-Treasurer’s job; he suggested they call it something else. Ms. Teibel asked Ms. Sury if she saw any pitfalls with the way it is being set up.

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.

Reports & Correspondence

Town Council
Ms. Teibel stated that she would like to have another town wide Garage Sale from April 30th through May 3rd. She added that some of the businesses would finance the town map; Dunkin Donuts has approached her about putting a coupon on the map. The permit fee will be waived for that weekend and it will not count towards the two permits allowed per resident. Ms. Teibel motioned to approve the town wide Garage Sale to be held April 30th through May 3rd, 2009 and to waive the sale permit fee of the participants and it will not count against the two they still have coming for 2009. 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).

Clerk-Treasurer –
None
Staff
Mr. Kil relayed a request form Mr. Austgen asking the Council members to be at the Executive Session next week at 6:00 P.M. He added that there would be a presentation by Mr. Sommer regarding NIPSCO at next week’s meeting. Also at the March 19th meeting, a representative of the Census Bureau would like to spend five minutes talking to the Town Council. Mr. Barenie will be asked to sign a document confirming their attendance.

Public Comment

Ms. Janet Brennan, 10151 Delmar - commented on the Finance Review Committee. She stated that she didn’t think there should be any concern with the committee usurping the Clerk-Treasurer’s office and does not see advisory any different than paying Jim Bennett for giving advice.

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.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at approximately 7:50 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

02-26-2009 Town Council

February 26, 2009 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 7:25 P.M. and asked Mr. Pharazyn to lead 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; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were: Fred Frego, Police Chief, Bob Pharazyn, Director of Operations; Chip Sobek, Parks Superintendent and John Mainwaring, Code Enforcement Officer. Absent was Fred Willman, Fire Chief.

Approval of the minutes: January 15, 2009 Executive Session and Regular Meetings of January 15, 2009 and January 22, 2009 -

Mr. Fryzel motioned to approve the minutes of the January 15, 2009 Executive Session, the January 15, 2009 Regular Session and the January 22, 2009 Regular Session. Seconded by Mr. Forbes. Motion unanimously passed.

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.

Presentation: Mr. Ted Sommer concerning proposal for NIPSCO intervention –

Mr. Sommer distributed a packet of information to the Council members and explained the purpose of forming a consortium of municipalities to challenge the rate structure. He gave a brief overview of NIPSCO’s rate history and a previous intervention that resulted in a credit to the customers.

New Business

Ordinance #1487, an ordinance establishing a Town of St. John Finance Committee –
Mr. Barenie referenced slight changes to the verbiage on page two, Section Two Paragraph A and in Section Three. Mr. Forbes motioned to approve the amended Ordinance #1487 establishing a Finance Committee for the Town of St. John. Seconded by Mr. Volk. Motion passed with three ayes and two nays by Mr. Fryzel and Ms. Teibel.
Consider 2009 Contract with St. John Volunteer Fire Department –
Mr. Kil stated that Mr. Austgen and Chief Willman have reviewed the document and it is ready to be considered by the Council. Mr. Forbes motioned to authorize signing of the 2009 contract with the St. John Volunteer Fire Department. Seconded by Mr. Teibel. Motion unanimously passed.
Consider 2009 Contract with Lake Hills Fire Department, Inc. -
Mr. Forbes motioned to authorize signing of the 2009 contract with the Lake Hills Fire Department for dispatching services in the amount of $6,884.52. 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.

Reports & Correspondence

Mr. Sobek stated that “Park Clean Up Day” is tentatively scheduled to be March 28th. He mentioned that it would just be for general clean up, twigs, trash, etc.

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.

Clerk-Treasurer –
None
Town Council
Mr. Volk stated that Mr. Kil has been serving on the Plan Commission for the past several years and would like to step down. Mr. Volk would like to nominate Mr. Tom Redar who is the Public Improvement Inspector. Mr. Austgen asked if Mr. Kil has been appointed and is stepping down. Mr. Kil referenced his conversation with Mr. Volk and stated that he would still be attending the meetings as the staff representative like Mr. Redar does now. Discussion ensued on how this came about. Mr. Volk motioned to accept Mr. Kil’s resignation from the Plan Commission. Seconded by Mr. Forbes. Motion passed with a vote of 4 ayes and 1 nay by Mr. Fryzel.

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.

Payment of Bills for the Corporation –

Vouchers #7186 - #7379 in the amount of $1,696,531.77 - Mr. Forbes motioned to authorize payment of the bills for the Corporation in the amount of $1,696,531.77. Seconded by Mr. Volk. Motion unanimously passed.

Public Comment

Ms. Cheryl Cribrari, 9380 Olcott - asked for the contract amount that was signed with Waste Management for the garbage fee. Mr. Kil stated that the contract is with Illiana Disposal and is for two years with two renewable years and has an escalating rate schedule it is $15.82, then to something like $16.61. Ms. Cribrari asked if the budget is balanced would the garbage fee be eliminated. Mr. Barenie stated that with the economic situation it is highly unlikely. Ms. Cribrari stated that she feels this is double taxation and asked how they can legally get away with that. Mr. Austgen stated that is very clear in IC 36-9-23-25 that this is permitted. This is sanitary disposal, it’s considered as such under the Statute this rate was made in conformance with that statutory section.

Adjournment -

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Forbes. Motion unanimously passed. Meeting adjourned at approximately 8:10 P.M.

Attest:

/s/ Sherry P. Sury, Clerk-Treasurer

03-19-2009 Town Council

March 19, 2009 Town Council Meeting Minutes

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; 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; Chip Sobek, Parks Superintendent and John Mainwaring, Code Enforcement Officer. Absent was Bob Pharazyn, Director of Operations.

Presentation: Ms. Suzy Barnhart, U.S. Census Bureau – discussion of 2010 Census

Ms. Barnhardt stated the importance of the Census as it effects the amount of money the Town receives from the government; federal, state, and county. As part of the Census Bureau’s Awareness Effort, she is speaking to the Council. Each community is asked to have a Complete Count Committee. The Town Council President designates a point person to interface with the Census Committee. The Complete Count Committee will also have representatives from local business, schools, etc., that will assist with the awareness effort. There will be a box at the library with forms and information regarding commonly asked questions and would like a couple of other locations as well. Ms. Barnhardt stated that the Census Bureau is hiring people for 1-2 years, full time with no benefits for the census taking and that she will be available to speak at meetings and events. Discussion ensued. At the conclusion of her presentation Ms. Barnhardt asked Mr. Barenie to sign a document stating that the Census Bureau will work with the Town and the Town will in turn work with the Census Bureau. Mr. Austgen stated that Mr. Barenie does not have the authority on his own just to sign something. The Town Council must take action in a public meeting and added several other additional reasons why the agreement could not be signed at tonight’s meeting. The signing of this document will be on the agenda for the first meeting in April.

New Business

Ordinance #1487, an ordinance establishing a Town of St. John Finance Committee -
Mr. Forbes motioned to adopt Ordinance #1487, an ordinance establishing a St. John Finance Committee. Seconded by Mr. Volk. Motion passed with 3 ayes and 2 nays by Mr. Fryzel and Ms. Teibel.
Ordinance #1488, an ordinance amending fee schedule for Park Fees –
Mr. Kil stated that the Parks Department would like to increase the fees for the Pavilion rental. He also said some people request several picnic tables for their events which must be retrieved from other Parks and involve the use of trucks and park personnel, for this reason a fee schedule was created for tables in excess of the average of six that are located at each park. Ms. Teibel raised a concern regarding item 5 that the words “daylight hours” should be included. Discussion ensued. Mr. Austgen suggested that a phrase such as “after 5 o’clock”, “no night rentals/usage”, “daytime hours only” be added. It was decided to add the phrase “daylight hours only, dawn to dusk.” Ms. Teibel motioned to approve (consider) Ordinance #1488 with the amendment to #5. Seconded by Mr. Forbes. Motion unanimously passed.

Mr. Volk motioned to adopt Ordinance #1488. Seconded by Ms. Teibel. Motion unanimously passed.

Consider request by Lake Central School Corporation for waiver of building permit fees for cafeteria renovation/expansion –
Mr. Tom Dykel from Lake Central School Corporation gave a short overview of the project. Mr. Fryzel stated that in cases like these the Council usually waives 50% of the fee. Mr. Fryzel motioned to waive the building permit fees for the additional $1.97 million project at the high school by 50%. Seconded by Mr. Forbes. Motion unanimously passed.

Reports & Correspondence

Town Council
Ms. Teibel stated that she heard the decision on whether to have the festival was decided by e-mail and would like to go on record as to who is opposed to the festival and who is not. Ms. Teibel motioned to continue the Town Festival in June. Mr. Kil stated that he told Ms. Teibel that he sent a certified letter to John Luehrs that they are not going to have the town festival this year. Mr. Forbes asked when the festival was voted for in the past. Discussion ensued. Mr. Austgen interjected that the motion should be seconded before discussion takes place. Mr. Fryzel seconded the motion. Motion failed with 2 ayes by Ms. Teibel and Mr. Fryzel and 3 nays by Mr. Barenie, Mr. Forbes and Mr. Volk. Mr. Barenie added that there are budget constraints this year and this would be a year to scale back and prioritize extracurricular functions.

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.

Clerk-Treasurer –
None
Staff
Mr. Kil reminded the Council that there would be an Executive Session prior to the next meeting at 6:00 P.M. and that there will be a presentation by Dr. Chabot from Lake Central.

Public Comment

Mr. Lee Milazzo, 11735 Homestead Heights Drive – stated that his back yard backs up to the dividing line between an area zoned multi-family homes. He was told there would be a natural buffer or a bike path between the multi-family and single-family homes. He stated that he recently saw a surveyor who stated that he was doing a feasibility study and was measuring for townhomes in the proposed buffer area. Mr. Kil stated that he has not heard anything about this and he talks to the developer almost every day. He does not see how townhomes would fit in that area and believes the odds of this is highly unlikely. Mr. Kil stated that he would check into this the developer and get back with Mr. Milazzo.

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.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:50 P.M.

Attest:

/s/ Sherry P. Sury
Clerk-Treasurer

03-26-2009 Town Council

March 26, 2009 Town Council Meeting Minutes

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; Gregory Volk, Member; Michael Fryzel, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance were: Commander Frank Chapranda for Police Chief Fred Frego; Fred Willman, Fire Chief; Bob Pharazyn, Direction of Operations and Chip Sobek, Parks Superintendent. Absent were: Michael Forbes, Vice-President, Jerri Teibel, Member and John Mainwaring, Code Enforcement Officer.

Approval of minutes: Executive Session of February 26, 2009 and Regular Meetings of February 19 and 26, 2009 –

Mr. Volk motioned to approve the February 19, 2009 Regular Meeting, February 26, 2009 Executive Session and the February 26, 2009 Regular Meeting. Seconded by Mr. Fryzel. Motion passed with a vote of 3 - 0.

Presentations:

Mr. Clarence “Pete” Monix – 50 Years Service St. John Fire Department -
Chief Willman read a brief statement recognizing Mr. Monix’s service as a volunteer fireman and as Fire Chief. He added that the Fire Department is celebrating its 100th anniversary and Mr. Monix has served the department half of the 100 years. Mr. Barenie presented Mr. Monix with an engraved plaque on behalf of the Town Council.
Dr. Gerald Chabot – Lake Central School Corporation -
Dr. Chabot discussed the school corporation’s educational facilities, the student’s needs and the proposed renovation and expansion. He explained the referendum that will be voted on by the communities on June 16th and referenced his handouts of the Master Plan. Dr. Chabot stated that a “no” vote would not result in a second high school there would be the use of additional modular units to accommodate the students.

Public Comment

Ms. Marilyn Hornyak, 11903 Louis Drive – stated that she sees the need for improvement but this is an exorbitant amount of money and suggested that the project be pared down, they should consider doing the changes in phases. Ms. Hornyak stated that she does not believe people would appreciate having additional taxes put on already high taxes.

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.

New Business

Proclamation for 2010 Census – “Complete Count Committee” –
Mr. Austgen stated that they have the document presented by the representative of the census organization last week and that nothing has changed in the document. It seems to be a prepatory instrument that signals your support of the organizational efforts that are required to pull together the necessary components for the census itself and that’s important. There’s nothing in there that can hurt you. Mr. Volk motioned to approve the agreement with the Department of Census. Seconded by Mr. Fryzel. Motion passed with a vote of 3 - 0.
Consider Ordinance #1489, Red Flag Rules and Regulations –
Mr. Austgen recommended that first reading consideration be given to this ordinance. It establishes an identity theft prevention program and a series of regulations related to same. Because the Town conducts the business of having accounts for utilities business, it falls within the definitions for having a mandatory program in place under Federal guidelines. There was a substantive meeting last week with the administrative staff, the Clerk-Treasurer and himself. There will be several revisions to the regulations themselves but recommends the consideration of first reading be given. Primarily because this needs to be done by May 1st, so to keep it moving that recommendation would be made. Mr. Volk motioned to consider Ordinance #1489 on first reading. Seconded by Mr. Fryzel. Motion passed with a vote of 3 - 0.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff
Mr. Pharazyn reported that to date 160 meters have been changed and that branch pick up for the spring will be completed between the weeks of April 6th and April 20th, and then leaf collection will be done April 13th through April 17th and then again April 27th through May 1st. They have begun restoring some of the stormwater projects over the past winter. Patnoe Park is being restored at this present time, a new park sign has been installed at Civic Park. They have completed installing the sanitary sewer at 101st Avenue that will service the newly annexed residents at the intersection of Calumet and 101st Avenue.

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.

Payment of Bills for the Corporation –

APV’s #7380 - #7538 for $1,658,873.83 – Mr. Fryzel motioned to pay the bills of the Corporation only releasing the checks based on receiving the tax draw from Lake County tomorrow, in the amount of $1,658,873.83. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Public Comment

Mr. Hero stated that the Election Board would be asking to use the Public Works Building for the referendum election. Mr. Fryzel motioned that they utilize the Public Works facility for the upcoming election on June 16th, the one’s they used for the last election. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Adjournment –

Mr. Fryzel motioned to adjourn the meeting. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0. Meeting adjourned at 8:25 P.M.

Attest:

/s/ Sherry P. Sury
Clerk-Treasurer

04-06-2009 Joint Town Council and Sanitary District Waterworks District

APRIL 6, 2009 JOINT SPECIAL MEETING OF THE TOWN OF ST. JOHN TOWN COUNCIL AND SANITARY/WATERWORKS DISTRICT MEETING MINUTES

Mr. Barenie called the meeting to order of the Town Council and Sanitary/Waterworks District at 6:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following Town Council members present: Mark Barenie, President; Michael Forbes, Vice-President; Michael Fryzel, Member; Jerri Teibel, Member and Steve Kil, Town Manager. The following members of the Sanitary and Waterworks District Boards were present: Bob Myers, President; Alex Monanteras, Vice-President; Kenneth Gembala, Member; Michael Hanlon, Member; Patricia Sims-Smierciak, Member; Pete Faberbock, Robinson Engineering; Bob Pharazyn, Director of Operations; Randy Wyllie, Attorney and Sherry Sury, Clerk-Treasurer. Absent were Gregory Volk, Town Council Member and David Austgen, Town Council Attorney. Also in attendance was Karl Cender.

BLB St. John – Gates of St. John – Subdivision Issues –

Mr. Barenie referenced the handouts and asked that Mr. Wyllie and Mr. Myers lead the discussion as they have had numerous discussions regarding this matter.

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.

Any and all business that may come before the Board –

None

Public Comment –

None

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 6:28 P.M.

ATTEST:

/s/ SHERRY P. SURY, Clerk-Treasurer

04-16-2009 Town Council

April 16, 2009 Town Council Meeting Minutes

Mr. Barenie 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: Mark Barenie, President; Michael Forbes, Vice-President; Gregory Volk, Member; 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; Bob Pharazyn, Director of Operations; Chip Sobek, Parks Superintendent and John Mainwaring, Code Enforcement Officer.

New Business

Ordinance #1490, an ordinance amending Ordinance #1478, being the 2009 Salary Ordinance –
Mr. Kil stated that this would amend the 2009 Salary Ordinance to add the new IT Director, Mr. Jason Dravet at a salary of $55,000 per year and two weeks’ vacation. Mr. Kil asked the Council to approve the two-week’s vacation as it is outside the parameters of the personnel policy however; he is an exempt employee and this would treat him as other exempt employees and has been the practice. Mr. Fryzel asked the employee’s date of hire. Mr. Kil stated that his first day of work was April 13, 2009. Mr. Fryzel asked who gave Mr. Kil permission to hire him and Mr. Kil stated that he hired him. Mr. Forbes stated that this position was discussed during the budget process. Mr. Fryzel quoted the November 24, 2008, meeting minutes whereas a motion was passed to freeze all promotions and hiring and that everything must come become the Town Council prior to hiring. He added that a background check was not done and this individual will have access to all of the Town’s records, financials and referenced the Red Flag Rules & Regulations. Ms. Teibel stated that she would have liked to review all the resumes submitted. Mr. Barenie asked Mr. Austgen if he had any recommendations. Mr. Austgen stated that this can be handled tonight by the Town Council by ratifying the actions of the Town Manager, hiring the replacement IT individual employee and to act then thereafter on the salary ordinance that has been presented understanding the comments of Council Members Mr. Fryzel and Ms. Teibel.

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.

Consideration of the 2009 Fireworks Presentation at Lake Central High School –
Mr. Forbes motioned to defer the 2009 Fireworks presentation at Lake Central High School. Seconded by Mr. Volk. Motion unanimously passed.
Ordinance #1491, amending Master Traffic Ordinance # 511 –
Mr. Kil stated that this is a ministerial act to clean up the Master Traffic Ordinance by the replacement of stop signs, speed control signs and the like. Mr. Forbes motioned to consider Ordinance #1491 on first reading. Seconded by Mr. Volk. Motion unanimously passed.

Mr. Forbes motioned to adopt Ordinance #1491. Seconded by Mr. Volk. Motion unanimously passed.

Consider approval of Settlement Agreement with St. John BLB –
Mr. Fryzel motioned to approve the Settlement Agreement with St. John BLB and to authorize the Town Council President to sign the agreement. Seconded by Ms. Teibel. Motion unanimously passed.

Reports & Correspondence

Town Council
Ms. Teibel reminded everyone that the Town wide Garage Sale is approaching. The deadline to have their house listed is April 27th, the can call her at 365-6043.

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.

Clerk-Treasurer
Ms. Sury stated that she had a conversation with a census worker, Ms. Terrie Menges, who asked the Town to provide a room beginning in the fall three times a week to do testing. They will need about four tables and the facility must be ADA accessible. The room would be used on Tuesdays, Wednesdays and Fridays and it would not interfere with any meetings. No more than 20 people would be using the room at a time; the testing would be for the enumerators. Discussion ensued and it was decided that the Public Safety Building would be used for this purpose.
Staff
Mr. Sobek stated that they had a very nice Easter Egg Hunt, there were between 600-700 adults and children there. The summer program will be coming out in the next two to three weeks and that they already have 100 registrations signed up for volleyball.

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.

Public Comment

Robert Ash, 10356 Adler Cove – advised the Council that many of the people that had their homes built in the Gates of St. John by Philippe Builders are having difficulties. He has filed information with Mr. Kil. The building inspectors have been to their homes a number of times. He is not the only person having problems; they have leaking, excavation is not correct on their property and they have water coming in their basements, walls and windows. He requested that the Council take the time to read the file and see if they can offer any help.

Ms. Brenda Bagherpour, 8347 Heron Lake Road – expressed her concern regarding the traffic at the Lake Central gate. Discussion ensued.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:51 P.M.

Attest:
/s/ Sherry P. Sury
Clerk-Treasurer

04-23-2009 Town Council

April 23, 2009 Town Council Meeting Minutes

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; 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; Bob Pharazyn, Director of Operations and John Mainwaring, Code Enforcement Officer. Absent was Chip Sobek, Parks Superintendent.

Approval of minutes –

not available at this time – deferred to next month.

Public Hearing – Application of the Town of St. John for Year 2009 for Community Development Block Grant Project:

(Entire Tape Inaudible)

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.

Ordinance #1492, an ordinance for the issuance of Tax Anticipation Warrant -
Mr. Karl Cender explained the process for the tax anticipation warrant and stated that he submitted proposals to various banks and received six responses. He referenced the Indiana Bond Bank and explained the timeframe issuance of two times a year. Mr. Cender quoted the rates he received along with the rate of 1.79% from the Indiana Bond Bank and stated that he was unsure of the June rate at this time. Discussion ensued. Mr. Austgen asked Mr. Cender if he would provide a recommendation and Mr. Cender referenced his experience with the Indiana Bond Bank. Ms. Sury was asked to provide her recommendation. She stated that she is aware that the Indiana Bond Bank has successfully serviced various cities and towns throughout the state, feels confident with their credentials and believes that if necessary with the present state of the economy, since they are within the State, would work with the town in renewing the loan if necessary. Ms. Sury explained that the loan would be used to fund the general departments of the town, i.e. Town Council, Clerk-Treasurer, Police Department etc. Mr. Fryzel motioned that the staff begin the process of submitting an application to the Indiana Bond Bank and secure the necessary signatures from the Town Council President and Clerk-Treasurer. Seconded by Ms. Teibel. Motion passed unanimously.
Ordinance #1493, an ordinance authorizing the acquisition, construction and installation of certain improvements for the Waterworks System, of the Town of St. John, the issuance of revenue bonds to provide the cost thereof, the collection, segregation and distribution of the revenues of such system, the safeguarding of the interest of the owners of such revenue bonds and other matters connected therewith, and repealing the ordinances, or parts thereof, in conflict herewith –
Mr. Bob Myers (President of the Waterworks District) referenced the agreement pertaining to the Gates of St. John and provided an overview of the use of the four million dollar bond to be used for the water treatment plant and well. Mr. Austgen stated that this ordinance was an introductory reading to set the timetable, with the anticipated closing the end of July and that the second reading would be next month. Mr. Fryzel motioned to consider the introductory reading of Ordinance #1493. Seconded by Mr. Forbes. Motion passed unanimously.
Consider Professional Services Agreement with Barnes & Thornburg –
(Legal Counsel for Bond) – Ms. Teibel motioned to accept the agreement with Barnes and Thornburg. Seconded by Mr. Fryzel. Motion passed unanimously.
Consider Professional Services Agreement with Cender and Company-
Mr. Forbes motioned to accept the agreement with Cender & Company for financial services. Ms. Teibel seconded. Motion passed unanimously.
Consider acceptance of Utility Easement from Lake Central School Corporation –
Mr. Austgen referenced the negotiation process and explained the agreement and the permanent and temporary easements in relation to the water line to be installed. He recommended that the Council upon delivery of the signed documents from Lake Central that the Town Council President execute these documents. Mr. Fryzel motioned that the Town Council President execute the documents upon delivery of said agreements executed by Lake Central. Seconded by Mr. Volk. Motion passed unanimously.
Consider adoption of Ordinance # 1489 – Red Flag Rules and Regulations-
Ms. Teibel motion to adopt Ordinance #1489 – Red Flag Rules and Regulations. Seconded by Mr. Volk. Motion passed unanimously.
Consider authorization of White Oak Avenue Improvement Project -
Mr. Pharazyn explained the project and described the location to be south of the Rosewood Subdivision. Mr. Fryzel asked if this road was under the jurisdiction of Lake County and Mr. Pharazyn stated that we are claiming it as ours, 1.9 miles. Mr. Pharazyn referenced his handout pertaining to the project and explained the $200 discrepancy in his memo. He stated that the project would start when the US #41 project was completed and that the project would take eight to ten working days. Mr. Fryzel motioned to authorize the White Oak Avenue Improvement Project. Seconded by Ms. Teibel. Motion passed unanimously.
Consider approval of Schillton Drive Road Project-
Mr. Forbes motioned to authorize the Schillton Drive Road Project. Seconded by Mr. Fryzel. Motion passed unanimously.
Consider usual participation in the Annual Kids Parade coordinated by the St. John Junior Women’s Club -
Ms. Sandy Matura representing the St. John Junior Women’s Club addressed the Council, explained the Annual Kids Parade and requested that the fees for the use of Prairie Park be waived. Ms. Teibel motioned to waive the fees. Seconded by Mr. Fryzel. Motion passed unanimously.
Ordinance # 1490, an ordinance amending Ordinance # 1478, being the 2009 Salary Ordinance -
Mr. Forbes motioned to adopt Ordinance #1490. Seconded by Mr. Fryzel. Motion passed unanimously.
Consideration of Employee Health Insurance renewal-
Mr. Kil explained the renewal process effective May 1, 2009, the minor differences in option #5 from the current policy, the changes in the deductibles along with the differences in the co pays. He stated that Ms. Karla Cohen (from the Braman Agency) was in the audience to answer any questions that may be asked. Mr. Forbes motioned to renew the employee health insurance, option #5 effective May 1, 2009. Seconded by Mr. Fryzel. Motion passed unanimously.
Authorization to advertise for bids for SCBA’s (Self Contained Breathing Apparatus) -
Chief Willman referenced his letter that he presented to the Council, explained the need and cost for this purchase and that an attempt for a grant was unsuccessful. Discussion ensued. Mr. Fryzel motioned to authorize Chief Willman to seek bids for the SCBA’s (Self Contained Breathing Apparatus). Seconded by Mr. Forbes. Motion passed unanimously. (Ms. Teibel excused herself from the meeting.)
Promotion of Paramedic Michael Gillette from $15.05 to $16.80 per hour-
Chief Willman referenced his letter that he presented to the Council regarding Paramedic Michael Gillette and stated that his promotion was warranted due to his continual training and successful completion of earning his National Registry Certification. Mr. Fryzel motioned to approve the promotion of Paramedic Michael Gillette from the pay rate of $15.05 to $16.80 per hour. Seconded by Mr. Volk. Motion passed unanimously.

Reports & Correspondence –

Town Council -
Mr. Volk asked Mr. Pharazyn if he was able to obtain any figures for the 101st and Northcote paving project. Mr. Pharazyn stated that he has not received any quotes yet.
Staff –
Mr. Pharazyn stated that 217 meters have been changed, referenced the status of the Patnoe landscaping project, and that the town would be going with the state bid for salt. He stated that cold patches have been done throughout town and provided the schedule for branch pick up.

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.

Payment of Bills for the Corporation –

APV’s #7539 - #7704 in the amount of $2,898,046.18 - Mr. Fryzel motioned to pay APV’s #7539 - #7704 in the amount of $2,898.046.18 for the corporation. Seconded by Mr. Forbes. Motion passed unanimously.

Public Comment –

None

Adjournment –

Mr. Fryzel motioned to adjourn. Seconded by Mr. Forbes. Motion passed unanimously. Meeting adjourned at approximately 7:48 p.m.

Attest:

/s/ Sherry P. Sury
Clerk-Treasurer

05-28-2009 Town Council

May 28, 2009 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 7:08 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; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance were Police Chief Fred Frego, Parks Superintendent Chip Sobek and John Mainwaring, Code Enforcement Officer. Absent were Fire Chief Fred Willman and Director of Operations, Bob Pharazyn.

Approval of minutes: March 19, 2009 Regular Meeting; March 26, 2009 Executive Session; March 26, 2009 Regular Meeting; April 6, 2009 Special Joint Meeting; April 16, 2009 Joint Executive Session, April 16, 2009 Regular Meeting; April 23, 2009 Executive Session; and April 23, 2009 Regular Meeting –

Ms. Teibel motioned to approve the minutes of the above listed meetings. Seconded by Mr. Fryzel. Motion unanimously passed. Mr. Forbes abstained from voting on the minutes of the March 26, 2009, meetings; he stated that he was absent from these meetings.

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.

New Business

Ordinance #1494, Town Water Body Ordinance –
Mr. Kil stated that this ordinance is about ice fishing and ice-skating on town owned water bodies, and the potential of liability. Mr. Fryzel asked if the ordinance addressed the use of boats. Discussion ensued. Mr. Austgen noted that in Section One there are no uses permitted, no access permitted to town owned water bodies. These bodies are considered to be part and parcel of the Town’s storm management system; however, the body may be used in the event of an organized, planned or scheduled public event under the jurisdictional authority of a town entity or department, or as specifically permitted by you, as a Town Council body, in other words, if there is some event by the Park Department and permission is given. Otherwise there is penalty provided for violation.

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.

Tri-Town Appointment to Regional Bus Authority (RBA) –
Mr. Austgen commented that this is on the agenda by virtue of discussion and dialog over the appointment that is contemplated for the three towns of the St. John Township entity for the Regional Bus Authority. He was advised by Mr. Kil and others that the Council has never acted on this. There has been action by the Towns of Schererville and Dyer to consider the appointment of an individual councilman, Steve Kramer from Dyer to act in that representative stead. It is their recommendation to the Council, that at this time, given the circumstances that exist between the towns, that the Council act here in public to identify that Councilman Kramer is not your representative, that you have not selected or appointed him to act as your representative individual to this body as contemplated by the Statutory Authority for the Regional Bus Authority, or any other individual at this time unless the Council is prepared to do that. That is his recommendation to the Council. Mr. Fryzel so moved Mr. Austgen’s above recommendation. Seconded by Mr. Forbes. Motion unanimously passed. Mr. Austgen asked that the Council direct Mr. Kil to send an appropriate letter to the Towns of Schererville and Dyer as well as the Regional Bus Authority advising them of the action tonight.
Consider approval for application of FY2009 “Cops Technology Program” Grant –
Chief Frego stated that in 2008 Congressman Visclosky’s office advised the Town that the Tri-Town (Dyer, Schererville, St. John) had been awarded a $475,000.00 Cops Technology Grant. They had initial meetings at that time and they were notified about three or four months ago that the grant is going to come to fruition very shortly. The money has been appropriated as a technology grant; the package indicates what kind of equipment can and cannot be purchased, computers, laptops. Anything that would enhance the safety of the officers and communication between the departments. They are in the process of completing the application, which must be submitted by June 3rd, had a meeting with Mr. Austgen, and a telephone conference with the three towns. He stated that Mr. Austgen recommended that they seek the approval of the Town Council for the grant. It’s a no match grant and referenced a list of the items they would like to purchase. Chief Frego stated that the prices are subject to change if the three towns can get a better price.

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.

Schillton Road Improvement Project –
Mr. Barenie referenced the three items to be added to the agenda. Mr. Kil stated that the following would pertain to Items D, E, and F as well as the three additional responses that came in, as it relates to the Schillton Drive Road Project:

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.

Schillton Road Improvement Project – Mike and Marlene Faulkner Agreement –
See above
Schillton Road Improvement Project – Tony and Rosa Gonzales Agreement –
See above
Schillton Road Improvement Project – Bill and Karen Dodaro Agreement –
See above
Ordinance #1493, an ordinance authorizing the acquisition, construction and installation of certain improvements for the Waterworks System, of the Town of St. John, the issuance of revenue bonds to provide the cost thereof, the collection, segregation and distribution of the revenues of such system, the safeguarding of the interests of the owners of such revenue bonds and other matters connected therewith, and repealing the ordinances, or pats thereof, in conflict herewith –
Mr. Karl Cender stated that this is the next step; final authorization to issue bonds. He summarized the timetable, confirmed that this does not require a rate increase and that the current rate structure is sufficient for the debt issuance. Mr. Kil confirmed that the bidding process will be complete in July and work could begin in the first part of August. Mr. Austgen stated that with favorable action tonight on adoption reading they are right on schedule as proposed by the consultants and as requested by the Water Board when this project commences…right on schedule. Mr. Fryzel motioned to adopt Ordinance #1493. Seconded by Mr. Forbes. Motion unanimously passed.
Consider Petition for Variance of Use submitted by Kenneth J. Ubriaco (unfavorable recommendation by the Board of Zoning Appeals on March 23, 2005) –
Mr. Austgen stated that this is a matter that has been resolved by the Consent Decree and Order, an approving Consent Decree entered in a proceeding instituted by the United States of America regarding this variance of use application. His recommendation based on that Consent Decree, is that the Town Council withdraw that, to withdraw and rescind its denial action and to approve the variance of use as applied for. Mr. Fryzel so moved Mr. Austgen’s recommendation. Seconded by Ms. Teibel. Motion unanimously passed.
Resolution #09-05-28, a resolution authorizing a reduction of appropriations (eliminating garbage collection appropriation) –
Mr. Barenie confirmed that this is a bookkeeping memo action. Ms. Sury confirmed that they are not paying the garbage collection fees out of that fund; they have created another fund for the revenue received and for payment. Mr. Forbes motioned to adopt Resolution #09-05-28. Seconded by Mr. Fryzel. Motion unanimously passed.
Resolution #09-05-28A, a resolution authorizing a temporary transfer and loan ($450,000.00 from TIF to General Fund) –
Ms. Sury stated this is a temporary loan until the TAW (Tax anticipated warrant) is approved and received. Ms. Teibel motioned to adopt Resolution #09-05-28A. Seconded by Mr. Fryzel. Motion unanimously passed.
Consider approval of Letter of Credit reduction for Three Springs – Phase II to $940,005.60 (favorable recommendation from Plan Commission) –
Mr. Forbes motioned to accept the Letter of Credit for Three Springs in the amount of $940,005.60. Seconded by Ms. Teibel. Motion unanimously passed.
Consider approval and implementation of the amended and re-stated 457(b) Governmental Plan Document, as it pertains to the Town’s Deferred Compensation Program –
Mr. Kil stated that this is a housekeeping item. It does not change the deferred compensation plan for the employees. Ms. Sury stated that the plan was identified incorrectly, (pertains to Chief Frego) it should be identified as 401 rather than 457(b). Mr. Austgen asked if this can be deferred so it can be discussed further. Mr. Fryzel motioned to defer to the next meeting. Seconded by Mr. Forbes. Motion unanimously passed.
Ordinance #1495, an ordinance designating local depositories –
Ms. Sury stated that this is being done because the banks have begun charging fees that were previously waived. Proposals were sent out to the banks in Town for the best interest rates and with no banking fees to be charged that included a timeframe. This Ordinance must be updated because the list of authorized depositories in town has grown since this ordinance was initially adopted years ago. Ms. Teibel motioned to consider Ordinance #1495 on first reading. Seconded by Mr. Forbes. Motion unanimously passed.

Mr. Fryzel motioned to adopt Ordinance #1495. Seconded by Mr. Forbes. Motion unanimously passed.

Ratify Resolution #09-05-22, a resolution authorizing the Town of St. John to enter into agreement with the County of Lake, Indiana in undertaking Community Development activities –
Mr. Austgen stated that this is so the Town can continue participating in the CDBG project. Mr. Forbes motioned to ratify Resolution #09-05-22. Seconded by Mr. Fryzel. Motion unanimously passed.
Consider ratification Urban County Program – Cooperation Agreement for FY 2010 – 2011 – 2012 -
Mr. Forbes motioned to ratify the agreement, executed by the Town Council President and Clerk-Treasurer. Seconded by Mr. Fryzel. Motion unanimously passed.
Ordinance #1492, ordinance for temporary loans for the use of General Fund and Lease Rental Fund, sale of such warrants to Indiana Bond Bank –
Mr. Austgen stated that this an item that accompanies the Council’s actions in April to institute the necessary steps to secure interim financing for the General Fund and the Lease Rental Fund through the Indiana Bond Bank. This is the recommended ordinance form Bond Bank Counsel. It was only received here Tuesday which is why it is a late addition to the agenda. It is the recommendation of Mr. Austgen, Mr. Kil and Ms. Sury that the Council act unanimously as soon as possible this evening, so the timeline for meeting the requirements to close on or before June 24th can be met. Mr. Austgen has talked to the Attorney’s in Indianapolis and they are aware the Council is considering this and if this step can be met they are right in the queue to complete the other requirements for the financing by the end of June. He added that he really needs to leave here tonight with two signed Ordinances as they really need to get to Indianapolis. Mr. Fryzel motioned to consider Ordinance #1492 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Fryzel motioned to adopt Ordinance #1492. Seconded by Mr. Forbes. Motion unanimously passed.

Reports & Correspondence

Staff
Mr. Sobek stated that the grass cutting in the parks has been on catch up due the weather the past couple of weeks. The Fishing Derby will be held next weekend; there’s been a pretty good turnout on that already and that it will be held at Lake Hills on June 6th. Registration for the Summer Programs is doing quite well.

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.

Clerk-Treasurer –
None
Town Council
Mr. Fryzel stated that there is a jurisdictional problem with the Town of Cedar Lake. When there is a call within the boundaries of St. John, it is St. John’s responsibility to take that call. Cedar Lake has a tendency to arrive early and they want to take the call over even if it is in St. John’s community. He would like something drafted for Cedar Lake to advise them of that. Discussion ensued. Mr. Austgen stated that he would draft a letter to the Chief of Cedar Lake’s Volunteer Fire Department.

Payment of Bills for the Corporation

APV’s #7705 - #7892 $849,521.31 - Mr. Forbes motioned to authorize payment of bills in the amount of $849,521.31. Seconded by Mr. Fryzel. Motion unanimously passed.

Public Comment

Mr. Ken J. Ubriaco, 8731 Verbena Court – stated that he had a couple of questions. He referenced his request for the variance and asked if the Town sends a letter authorizing that variance. He added that it has been five years that this item has been pushed aside, delayed and legally wrangled. The action started with the United States Department of Justice that filed a civil lawsuit against the Town of St. John for handicap discrimination for people with MS living in a residential area. As he looks at everyone here he believes Mr. Volk was the only one in favor of this and he would like to thank him personally. He would also like to thank the Fire Department and the Police Department of the Town of St. John, very wonderful people. He has lived here sixteen years and is very impressed. Last night at two in the morning he got a call from the St. John Police Department that his garage door was open. Sherry, nice to talk to, Mike his neighbor and Steve helped him draft the ordinance.

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.

Adjournment –

Mr. Fryzel motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at approximately 8:45 P.M.

ATTEST:

s/s Sherry P. Sury
Clerk-Treasurer

06-18-2009 Town Council

June 18, 2009 Town Council Meeting Minutes

Note: Meeting tape inaudible.

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.

Approval of minutes: May 28, Executive Session and May 28, 2009 Regular Meeting –

Mr. Fryzel motioned to approve the minutes. Seconded by Mr. Forbes. Motion unanimously passed.

New Business

Consider approval of the 401(a) Governmental Plan Document –
Mr. Fryzel motioned to approve the 401(a) Governmental Plan. Seconded by Mr. Forbes. Motion unanimously passed.
Consider Resolution # 09-06-18, Interlocal Cooperative Mutual Aid Agreement for Fire and Emergency Services.
Mr. Fryzel motioned to adopt Resolution #09-06-18. Seconded by Mr. Forbes. Motion unanimously passed.
Consider approval of Letter of Credit reduction for Gardenia Gardens to $100,100.00. [favorable recommendation from Plan Commission].
Mr. Fryzel motioned to accept the Letter of Credit. Seconded by Mr. Forbes. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Kil explained an advertising promotion for the Town that consisted of participating in advertising on a billboard and web site in conjunction with Wyngate Development, various builders, developers and retail businesses for a fee of $1,200.00 annually. Discussion ensued. Mr. Fryzel motioned to authorize the promotional campaign. Seconded by Mr. Forbes. Motion unanimously passed.

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
93rd $9,300
White Oak/109th $7,800
Ventura/Kelly Ct $14,600
Limerick/Tapper $21,250
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.

Staff -

None

Public Comment -

None

Adjournment –

Mr. Fryzel motioned to adjourn the meeting. Seconded by Mr. Forbes. Motion unanimously passed. Meeting adjourned at approximately 7:20 P.M.

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

06-25-2009 Town Council

June 25, 2009 Town Council Meeting Minutes

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 and Sherry Sury, Clerk-Treasurer. Also in attendance were: Fred Frego, Police Chief; Fred Willman, Fire Chief; Chip Sobek, Parks Superintendent and John Mainwaring, Code Enforcement Officer. Absent were: Jerri Teibel, Member; Steve Kil, Town Manager and Bob Pharazyn, Director of Operations.

Reports & Correspondence

Town Council
Mr. Volk stated that last night the BZA had a petitioner who requested a body shop in the Industrial Park at 9604-5 Industrial Drive and was given a favorable recommendation to the Council. There were six contingencies, two of which need approval tonight. One is that the petitioner needs to lease a fenced yard behind the building. Mr. Austgen added that he was given, by Mr. Volk, a copy of an addendum to the lease for the applicant regarding the use that is the subject of the BZA action. The addendum works to identify the condition that is being met by the applicant in all respects except some clarity in the description of the additional area that is going to be leased. Mr. Austgen recommends that the Council act on this favorable contingent on a clarification of the area which is to be leased and appended to the subject property for the parking and various related purposes. Mr. Austgen’s suggests there be an area description and some legal description of the area appended to the addendum.

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.

Clerk-Treasurer
Ms. Sury stated they received the TAW money today, they received the money for the General Fund and the Debt Service Fund at an interest rate of 1.25; had they gone out to the public banks the lowest they would have paid would be 2.71; by going with the Indiana Bond Bank they saved $18,500.00. Mr. Austgen added that Ms. Sury and her staff, Mr. Kil and his staff and the Town’s Financial Advisor did a terrific job on that; everything went awfully smoothly, they delivered on time, they provided the information needed and it went very, very, very smoothly. A lot of credit is to be given to them for making things right. Mr. Barenie added it was a great team effort and hopefully it will be their last one for awhile.
Staff
Mr. Sobek reported they had their first concert two weeks ago and over 200 people attended and that the summer program has been going very well.

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.

Payment of Bills for the Corporation –

APV’s #7894 - #8118 in the amount of $3,732,354.29 – Mr. Fryzel motioned to pay out Accounts Payable Vouchers #7984 - #8118 for a total amount $3,732,354.29. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Public Comment –

None

Adjournment –

Mr. Fryzel motioned to adjourn the meeting. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:10 P.M.

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

07-23-2009 Town Council

July 23, 2009 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 7:15 P.M. Pledge of Allegiance recited at Redevelopment Commission meeting at 7:00 P.M. 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 and Sherry Sury, Clerk-Treasurer. Also in attendance were Fred Frego, Police Chief; Fred Willman, Fire Chief; Bob Pharazyn, Director of Operations, Chip Sobek, Parks Superintendent and John Mainwaring, Code Enforcement Officer. Absent was Jerri Teibel, Member.

Approval of minutes: June 18, 2009 Regular Meeting and June 25, 2009 Regular Meeting –

Mr. Fryzel motioned to approve the minutes of the June 18, 2009 Regular Meeting and the June 25, 2009 Regular Meeting. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Public Hearing

Resolution # 09-07-23, a resolution for a reduction in appropriations
Proofs of Publication – Mr. Austgen stated that the Proofs of Publication are in evidence, published in both The Times and the Post Tribune on July 13, 2009.

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.

New Business

Consider Resolution # 09-07-23A, a resolution to write-off un-collectible bad debt –
Mr. Fryzel motioned to adopt Resolution # 09-07-23A. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.
Consider appointment(s) to the St. John Plan Commission –
Mr. Volk stated that there are two vacancies and one is the resident position. Mr. Volk nominated Mrs. Dawn Pelc who he selected from the applications they received last fall and stated that he spoke with her and she is still interested. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0. Mr. Forbes added that she is going to complete the term left vacant by Jay Dahlin which expires 12/31/11.

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.

Consider annual payment to the St. John Fire Department for maintenance of the Training Site in the amount not-to-exceed Ten Thousand Dollars ($10,000.00) –
Mr. Forbes motioned to authorize the payment. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.
Consider approval of the 93rd Avenue and Kardel Drive Storm Water Project –
Mr. Pharazyn stated that the project is designed to eliminate the problem of water collecting on the north side of 93rd Avenue just west of Kardel where it floods over the Street and they will also be able to fill in the majority of the ditch that lies on the south side of 93rd Avenue that runs parallel to 93rd Avenue between North Olcott to Belmont. Mr. Pharazyn clarified that this will not completely drain the north side of 93rd Avenue in a significant rain event. Mr. Fryzel mentioned that this plan would leave one homeowner without the ditch filled in and asked that section be filled in. Mr. Pharazyn stated that he could do that with some contingency money ($3,000) he has and asked the Council to give him some wiggle room with a not to exceed amount of $67,000. Discussion ensued. Mr. Forbes motioned to approve the 93rd Avenue and Kardel Drive Storm Water Project for an amount not to exceed $67,900. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council
Mr. Fryzel brought up closing the back school gate at Lake Central High School. Chief Frego stated that it is not the Town’s gate. Mr. Kil stated that the school is not going to look favorably on this and Mr. Fryzel stated that the problem is not with the buses but with the vehicles. Discussion ensued regarding the tentative meeting to be set up.

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.

Clerk-Treasurer –
None
Staff
Mr. Mainwaring gave his report for the month of June.

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.

Payment of Bills for the Corporation –

APV’s - #8119 - #8313 – Mr. Forbes asked Mr. Pharazyn about a bill on page six for just under $3,000.00 to Redbud Landscape, grounds clean up multiple locations. Mr. Pharazyn stated that this was for the Town entrance in Edgewood on Calumet and 93rd, 85th and Alexander and other locations, clean up and re-mulch. Mr. Pharazyn stated that the invoices are itemized for the locations. Mr. Forbes also asked if Mr. Pharazyn was going to follow up on the old bills from Schilling Lumber, discussion ensued. Mr. Pharazyn stated and the only reason he would not assign an account would be if funds did not exist in an account. Ms. Sury verified that it is not a problem to hold the payment for these bills until the problem is resolved. Discussion ensued. Mr. Forbes motioned to approve payment of the bills minus (#8282) the $554.73 for Schilling Lumber (he didn’t total so whatever it comes to). Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

Public Comment

Ms. Patricia Esbrook, 10622 Maloian Drive – stated that she has a complaint and a request. She referenced incidents in her neighborhood (near 109th or #231) that have been going on over the summer, have escalated and asked that additional patrol officers be provided for short period of times during the evening. She stated that these incidents have been called in to the Police Dept on Tuesday night and Wednesday morning and believes these are school children doing pranks. It began with toilet papering trees; a new tree was cut and there is now writing on the lawn of four or five houses. Discussion ensued. Chief Frego stated that this activity has been linked to Lincoln School. He stated that three individuals were apprehended that were breaking into cars that particular evening and assured her there will be additional patrols there. Discussion ensued.

Adjournment –

Mr. Fryzel motioned to adjourn the meeting. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0. Meeting adjourned at 8:05 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

08-27-2009 Town Council

August 27, 2009 Town Council Meeting Minutes

Mr. Barenie 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: Mark Barenie, President; Michael Forbes, Vice-President; Gregory Volk, Member; 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; Bob Pharazyn, Director of Operations; Chip Sobek, Parks Superintendent and John Mainwaring, Code Enforcement Officer.

Approval of the minutes: July 23, 2009 Regular Meeting –

Mr. Fryzel motioned to approve the minutes of the July 23, 2009 Regular Meeting. Seconded by Mr. Forbes. Motion passed with 4 ayes and 1 abstention by Ms. Teibel.

New Business

Resolution # 09-08-27, a resolution on the spending of Federal Economic Renewal Grants (requested by United Steel Workers) -
Mr. Fryzel motioned to adopt Resolution # 09-08-27. Seconded by Ms. Teibel. Motion unanimously passed. Mr. Forbes stated that this resolution is for the Town Council of St. John to, whenever possible, purchase American made products for all of the Town’s projects. Mr. Austgen added that this is in support of the Economic Revitalization Funding implemented by the Federal Government and Congress. It is supported at the local level of those initiatives for the improvement of the economy and the betterment of Americans including folks here in the Town of St. John. The Town of Schererville has adopted this and several of the other local communities are in the process of considering and/or adopting this same resolution and initiative.
Resolution #09-08-27A, a resolution authorizing temporary transfer and loan of funds (Cumulative Sewer to Park and Recreation) -
Mr. Forbes motioned to adopt Resolution # 09-08-27A. Seconded by Mr. Volk. Motion unanimously passed.
Resolution #09-08-27B, a resolution authorizing temporary transfer and loan of funds (Building Escrow to Lease Rental) -
Mr. Fryzel motioned to adopt Resolution # 09-08-27B. Seconded by Ms. Teibel. Motion unanimously passed.
Resolution #09-08-27C, a resolution authorizing temporary transfer and loan of funds (Cumulative Sewer to Park Bond & Interest) -
Mr. Forbes motioned to adopt Resolution # 09-08-27C. Seconded by Mr. Fryzel. Motion unanimously passed.
Resolution #09-08-27D, a resolution authorizing temporary transfer and loan of funds (Cumulative Sewer to Motor Vehicle Highway) -
Mr. Forbes motioned to adopt Resolution #09-08-27D. Seconded by Mr. Fryzel. Motion unanimously passed.
Approval to dispose of certain real property (old computer equipment) –
Mr. Kil confirmed that this equipment is very old computer equipment and the equipment will be scrapped. Ms. Teibel motioned to declare the property as worthless and to authorize the Town Manager to dispose of it. Seconded by Mr. Forbes. Motion unanimously passed.
Consider agreement submitted by Disturbed Designs (Kenneth and Theresa Forystek) for the operation of the Haunted House –

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.

Ordinance # 1497, an ordinance establishing PILT (Payment in Lieu of Tax) for the Waterworks District –
Mr. Austgen stated that this ordinance is prepared consistent with provisions of Indiana Statute §8-1.5 which permit payment in lieu of taxes to be collected from the Utility and payable into the Town general fund as the legislative body deems appropriate. This ordinance establishes that discretionary decision. There is a public hearing required before an adopted reading, tonight’s agenda is an initial first reading consideration. Mr. Fryzel motioned to consider Ordinance #1497 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance # 1498, an ordinance establishing PILT (Payment in Lieu of Tax) for the Sanitary District –
Mr. Austgen stated that Title 36 provides the same for the Sanitary District protocol for sewage works funds, specifically in the discretion of the legislative body. This is an initial reading for the Council’s consideration. In the event the Council proceeds a public hearing will be required and an adoptive reading thereafter. Mr. Forbes motioned to consider Ordinance #1498 on first reading. Seconded by Ms. Teibel. Motion 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.

Authorization to bid an Ambulance and Rescue Vehicle for the Fire Department-
Chief Willman stated that the rescue vehicle they would like to replace is 36 years old and the replacement will be a pre-driven vehicle with the equipment on it the department feels the vehicle needs to have. The ambulance issue is more critical, one ambulance 9 years old and the other is 20 years old. They would like to have a third vehicle so one can be taken out of service for repairs. They need to have two ambulances available. Mr. Austgen suggested the Council consider authorizing Notice to Bidders on these items but also requested a detailed and specific report from the Town Manager, Clerk-Treasurer and Fire Chief of the funding sources and methods for financing these items so they have the same when they are ready to consider. Mr. Kil asked if that is necessary if the cash is available in the bank. Mr. Austgen replied that he should visit with his Clerk and have a good report with options. Mr. Fryzel motioned to authorize the Notice to Bid. Seconded by Mr. Forbes. Motion unanimously passed.
Consider waiver Building Permit Fees for temporary classroom addition to Lake Central High School –
Mr. Kil referenced a letter he received from Mr. Tom Dykiel who is present from the Lake Central School Corporation. He stated that in the Council’s packet there is also a copy of the Building Permit. The building portion of the permit is $3,370.50 while the sanitary/sewer portion is $1,860.27 for a total of $5,230.77. It has been the practice of the Town to waive 50% of the building permit portion. Mr. Forbes motioned to discount the building waiver fees by 50%. Seconded by Mr. Fryzel. (50% of $3,370.50) Motion unanimously passed.
Consider Special Exception Variance Petition for Healing Hands Spa (unfavorable recommendation from Board of Zoning Appeals) -
Mr. Austgen stated that a Public Hearing was held by the Board of Zoning Appeals on Monday evening, an unfavorable recommendation was certified based upon the record made at that public hearing, inclusive of which was the detailed staff report which was entered into the record of that proceeding. The matter is before the Council for a dispositive final action. It is not a public hearing it is simply the Council’s final decision time. Ms. Teibel motioned to deny the special exception request incorporating findings of fact from the BZA. Seconded by Mr. Volk. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Fryzel thanked Mr. Pharazyn for the signs that have been put up at The Gates, people should be able to follow it now.

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.

Clerk-Treasurer –
None
Staff
Mr. Sobek stated that the fall flyer would be going out with the next water bill.

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.

Payment of Bills for the Corporation –

Mr. Fryzel motioned to pay APV’s #8314 - #8587 in the amount of $1,691,827.06. Seconded by Ms. Teibel. Motion unanimously passed.

Public Comment

Ms. Blanca Morales, 11335 West 93rd Avenue – thanked the Town Council for passing the “Buy in America” resolution.

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.

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Fryzel. Motion unanimously passed. Meeting adjourned at 7:48 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

09-17-2009 Town Council

September 17, 2009 Town Council Meeting Minutes

(Tape recorder at outset of meeting did not work properly)

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.

New Business

Review of 2010 Municipal Corporation Budget
Mr. Barenie stated that this is a workshop for the budget and questions would be taken from the audience. Mr. Kil gave a Power Point presentation of the proposed budget and the meeting was opened to the floor: (Exhibit 1)

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.

Consider approval of License Agreement with BLB St. John LLC –
Mr. Barenie stated that this agreement would deed over four or five soccer fields in the Gates subdivision. Mr. Forbes mentioned that there is some verbiage that needs to be changed in the agreement and this needs to be deferred to the next meeting. Mr. Fryzel motioned to defer to the meeting on the 24th. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council
Mr. Forbes stated that the next meeting about the Haunted House will be at the Municipal Building on Wednesday, 23rd at 6:00 P.M. He asked Chief Frego and Chief Willman if they could be there to talk to the kids.
Clerk-Treasurer –
None
Staff
Mr. Kil stated that the town will be putting together a Complete Town Census Committee and is looking for volunteers. The purpose of the committee is how they are going to market the census and the importance of making sure everyone is counted.

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.

Public Comment –

none further

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0. Meeting adjourned at 8:15 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

09-24-2009 Town Council

September 24, 2009 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 7:18 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 and Sherry Sury, Clerk-Treasurer. Also in attendance were: Fred Frego, Police Chief; Fred Willman, Fire Chief; Chip Sobek, Parks Superintendent and John Mainwaring, Code Enforcement Officer. Absent were: Jerri Teibel, Member and Bob Pharazyn, Director of Operations.

Bid Opening – Fire Department Rescue Vehicle -

Mr. Austgen confirmed that the Proofs of Publication were in order and published twice (on September 10th and September 17th) in the newspaper as required by law. He opened the two bids that were received in order of receipt.

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.

Public Hearings

Ordinance #1496, an ordinance establishing the 2010 Municipal Budget -
Mr. Austgen stated that he has reviewed the Proofs of Publication, the publisher’s affidavit of each of the newspapers. They meet the requirements of law for the public hearing. (Published on August 31st and September 7th).

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.

Ordinance #1497, an ordinance establishing PILT (Payment in Lieu of Tax) for the Waterworks District -
Mr. Austgen confirmed that the Proofs of Publication were in order to conduct the Public Hearing and stated that he has examined the publisher’s affidavits (published on September 14th).

Opening Remarks

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.

Ordinance #1498, an ordinance establishing PILT (Payment in Lieu of Tax) for the Sanitary District -
Mr. Austgen confirmed that the Proofs of Publication were in order (published on September 14th).

Opening Remarks

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.

New Business

Ordinance #1499, an ordinance-amending Ordinance #1483 (Master Zoning Ordinance) for Sign Regulations –
Mr. Austgen stated that this ordinance deals solely with political signs. Mr. Volk added that this was discussed at the Plan Commission level and this is their recommendation. Mr. Volk motioned to adopt Ordinance #1499. Seconded by Mr. Forbes. Motion passed with a vote of 3 - 0.
Ordinance #1500, an ordinance amending Ordinance #1483 (Master Zoning Ordinance) for Development Plan Process –
Mr. Kil stated that this ordinance provides for the development plan to be done at a public meeting and not a public hearing; it’s a housekeeping item. Mr. Volk motioned to accept Master Zoning Ordinance (#1500) for the Development Plan Process of Ordinance #1483. Seconded by Mr. Forbes. Motion passed with a vote of 3 - 0.
Agreement with BLB St. John LLC regarding the Soccer fields in The Gates –
Mr. Austgen stated that the amendment requested by the Council last week has been inserted and accepted by the property owner; that is, that the Town’s Park Department would supervise and oversee the scheduling for usage in the soccer field facilities. Mr. Forbes stated that he is concerned that it eliminates the 50/50 split on ownership; the homeowner’s association was to get 50% of ownership. Mr. Austgen stated that he did not address ownership only the scheduling and coordination aspect. Mr. Forbes motioned to approve the license agreement and authorize the Town Council President to sign. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Consider $2,000.00 donation to the Tri-Town Safety Village -
Mr. Forbes motioned to grant the $2,000.00 to the Tri-Town Safety Village. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Reports & Correspondence

Town Council
Mr. Volk stated that on Tuesday, Councilman Forbes, Attorney Austgen and he attended a forum on the Illiana Group regarding the expressway and were looking for feedback from the communities that would be involved and referenced the feasibility study. Mr. Austgen added that Senator Sue Landske was also in attendance and she is the Chair of the Committee that is studying this project for the State of Indiana and will be conducting several committee meetings in Lake County over the next year for input, status update, technical reports, feasibility updates, briefings and the like. He stated that there was such a meeting this Wednesday at the Purdue Tech Center in Crown Point and that Senator Landske will monitor this and invites everyone here, Town officials, staff and everybody involved, to be in attendance.
Clerk-Treasurer –
None
Staff
Chief Frego read the August Activity Report for the Police Department and invited everyone to the Open House at the Fire Station on October 4th from 11:00 A.M. to 3:00 P.M.

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.

Payment of Bills for the Corporation -

#8588 - #8794 - $1,924,980.76 – Mr. Forbes asked about three bills for resident landscape services; page seven, and referenced the mowing of weeds at 9415 Villagio. Mr. Kil stated that if a resident does not comply with mowing, the Town would have the lot mowed. Ms. Sury stated that she has a couple of properties that she needs to place liens on for this reason. Mr. Forbes referenced two other bills from Redbud Landscaping Service, one is for the sled hill at Heron Park and the other is for the Lake Hills Splash Park. Mr. Forbes stated that he went out to Lake Hills several times and he does not know what the $3,400.00 bill (APV #8650) is for. Mr. Forbes stated that he would like to hold the splash park bill until they know what it is for and would like to hold the sled hill bills (including APV #8688 for $1,000 – Metro Excavating) because it was made very clear by the Park Board that the project was not to be over $10,000 and it is $1,000 over as identified under APV #8650.

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.

Public Comment

Mr. Robert Ash, 10356 Adler Cove - read a statement and submitted a petition from residents in The Gates subdivision regarding their builder, Phillippe Builders. (Exhibits 2 and 3)

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.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0. Meeting adjourned at 8:22 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

09-28-2009 Town Council

September 28, 2009 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 6:50 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; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance were Fred Frego, Police Chief and Fred Willman, Fire Chief. Absent were Chip Sobek, Parks Superintendent and John Mainwaring, Code Enforcement Officer.

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.

New Business

Consider Ordinance #1501, an ordinance amending Ordinance #1478 (Employee Severance Package)
Mr. Fryzel stated that due to the budget and everything that is going on around the country, he will vote for this in order for the employees to get their severance pay although he has not had enough time to look at the whole package before voting on it.

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.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Volk. Motion unanimously passed. Meeting adjourned at 6:55 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

10-22-2009 Town Council

October 22, 2009 Town Council Meeting Minutes

Mr. Barenie announced that they were in an Executive Session before this meeting and did not finish the session and that promptly after this meeting, they will return to the Executive Session. He asked that everyone stand for a moment of silence and stated that Mr. John Volk passed away this past Sunday; he is the Father of Councilman Gregory Volk who will not be in attendance at tonight’s meeting.

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.

Approval of the minutes: August 27, 2009 Executive Session and August 27, 2009 Regular Meeting -

Mr. Forbes motioned to approve both the Executive Session meeting minutes and the Regular Meeting. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.

New Business

Ordinance #1496, 2010 Municipal Budget –
Mr. Austgen stated that this is a public meeting, the second reading consideration of the 2010 Budget, he has examined the Proofs of Publication of the amended notice to the taxpayers of this meeting this evening; the Council’s consideration of the budget and the requirements of law to conduct same. This is a statutorily prescribed meeting and process. The Clerk is required at the conclusion of this process to deliver this budget as approved to the County and the State. That will begin the next consideration portion of the project. This is also a noticed meeting that contains the same information as the first notice at which time they conducted their Public Hearing on September 24th. The legal requirement has been met and they may consider this item.

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.

Consider appointment of MS4 operator for Town of St. John –
Mr. Kil stated that IDEM recommended that either the Town Council President or Town Manager be appointed. Mr. Forbes motioned to appoint Mr. Kil as the MS4 operator for the Town of St. John. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Consider Ordinance #1497, an ordinance establishing PILT (Payment in Lieu of Tax) for the Waterworks District -
Mr. Fryzel motioned to defer Items C & D (PILT Ordinances) until next month. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.
Consider Ordinance #1498, an ordinance establishing PILT (Payment in Lieu of Tax) for the Sanitary District –
See above, deferred to next month.
Consider request for a Special Exception for Fire Service, LLC (favorable recommendation from B.Z.A.) -
Mr. Forbes motioned to grant the special exception and incorporate the finding of facts from the Board of Zoning Appeals. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.
Consider Resolution authorizing Chief Deputy-Clerk Beverly Gawrys as agent to accept pension liability on behalf of governing body –
Ms. Sury stated that she is the fiscal officer responsible for PERF; however, she does not handle every aspect of it. Ms. Gawrys handles a lot of the paperwork and sends in the payments. If she needs to question them they cannot talk to her; they can only talk to Ms. Sury. This is to put Ms. Gawrys on the list so that they can talk to her and she can discuss the personal financial information of the employees. Ms. Teibel motioned to approve the resolution. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council
Mr. Forbes stated that the second meeting in November is on Thanksgiving and the second meeting in December is on Christmas Eve. Mr. Forbes motioned that the second meeting in November be cancelled and the second meeting in December be moved to December 30th. Seconded by Ms. Teibel. 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.

Clerk-Treasurer –
None
Staff
Mr. Sobek stated that his winter programs brochure would be out in the water bills next week.

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.

Payment of Bills for the Corporation

APV’s #8795 - #9002 for $1,291,207.67 - Mr. Forbes motioned to approve the October 22nd docket in the amount of $1,291.207.67. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.

Public Comment –

None

Adjournment –

Mr. Forbes 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

11-19-2009 Town Council

November 19, 2009 Town Council Meeting Minutes

Mr. Barenie 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: Mark Barenie, President; Michael Forbes, Vice-President; Gregory Volk, Member; Jerri Teibel, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance were Fred Frego, Police Chief and Fred Willman, Fire Chief. Absent were Michael Fryzel, Member and Chip Sobek, Parks Superintendent.

Approval of the minutes:

September 17, 2009 Executive Session; September 17, 2009 Regular Meeting;
September 24, 2009 Executive Session; September 24, 2009 Regular Meeting;
September 28, 2009 Executive Session; September 28, 2009 Special Meeting;
October 22, 2009 Executive Session; October 22, 2009 Regular Meeting
October 29, 2009 Executive Session:
Mr. Forbes motioned to approve in aggregate the minutes mentioned above. Seconded by Ms. Teibel. Motion passed with a vote of 4 - 0.

New Business

Mr. Barenie stated that the Town Manager, Mr. Kil has requested that the two items for PILT for the Water Works District and the Sanitary District be deferred to next month. Mr. Forbes motioned to defer both items. Seconded by Ms. Teibel. Motion passed with a vote of 4 -0.
Ordinance #1497, an ordinance establishing PILT (Payment in Lieu of Tax) for the Waterworks District –
See above
Ordinance #1498, an ordinance establishing PILT (Payment in Lieu of Tax) for the Sanitary District –
See above
Uniform Offer to Purchase, easement for C.D.B.G. Storm Sewer Project –
Mr. Kil stated that this is in the Watts Subdivision, he asked for authorization to proceed with the acquisition of the easement and if necessary to issue a uniform offer to purchase and follow the statutory procedure to acquire the easement. Ms. Teibel motioned to authorize Mr. Kil’s above request. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.
Resolution #09-11-19, Park Improvement Capital Fund – additional appropriations -
Mr. Austgen stated this is a Public Hearing and confirmed that the Proofs of Publication were in order, one time in The Times newspaper and in the Post-Tribune on November 9th in each. He stated that it is a timely publication so the Council may proceed in this matter and added the posting occurred as certified by the 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.

Consider revisions to the position description of Public Improvements Inspector –
Mr. Kil stated that this is a housekeeping procedure that cleans up the position description for the Building and Planning Department. He and the Town Attorney have worked on this and would recommend that the Council approve the revised position description for the Public Improvement Inspector. Ms. Teibel motioned to approve the revised position description for the Public Improvement Inspector. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council
Mr. Forbes thanked the people involved with the Haunted House this year. He stated that they had 75 actors participating, 4,059 people went through the Haunted House, and 295 kids went through on kid’s day. He also thanked the St. John Lions Club for their assistance in running the kid’s day and also thanked the Barenie family, the Volk family, the Sury family and Sam and Cookie (two Haunted House workers) for their donations to help feed the kids. The net profit for the Haunted House this year is $25,496.10. Mr. Forbes stated that he would like permission to plan a get together to thank the actors. (He received verbal approval). He added a thank you to the town employees, everyone that helped and Chiefs Frego and Willman for ensuring that everyone was safe while at the Haunted House.

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.

Clerk-Treasurer –
None
Staff
Mr. Kil asked the Council to approve the yearly contract with the Township Trustee for Fire Protection Services and authorize the Town Council President to execute it. Mr. Forbes motioned to approve the agreement with the St. John Township Trustee for Fire Service in the amount of $25,384.00 for the year of 2009. Seconded by Ms. Teibel. Motion passed with a vote of 4- 0.

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.

Payment of Bills for the Corporation-

APV’s #9003 - #9196 for $1,800,055.21 - Ms. Teibel motioned to accept vouchers #9003 - #9196 in the amount of $1,800,055.21 payment of bills for the Corporation. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Public Comment

Ms. Cheryl Cribari, 9338 Olcott – referenced the articles in the paper and the comments at the end of the article on the Internet. She stated that she is tired of the mudslinging and has several questions. She asked how long Mr. Foley worked for the town, (17-18 yrs), so he had one more year until retirement, there was nothing for him to do? She asked if he couldn’t work part time? Mr. Volk stated that Mr. Foley was a carpenter and kept up his union dues. Mr. Barenie stated that they do not have a defined benefit; he added the Town Manager came up with a restructuring agreement for staffing and the Council followed his recommendation. Ms. Cribari stated that a lot is being said about Mr. Kil driving a municipal plated vehicle working at his other business. Mr. Kil stated that he has never had a municipal plated vehicle and uses his own vehicle. Ms. Cribari stated that comments have been made that Mr. Volk is aware of a lot of monkey business going on around town and he does not say anything. Mr. Volk stated that there are rumors but he has nothing to substantiate them. Ms. Cribari stated that she also read in the comments section of the web site that the Council is privy to the health insurance. Ms. Teibel stated that they are not covered and that they get their own health insurance. Mr. Forbes stated that they use our own vehicles.

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.

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:45 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

12-17-2009 Town Council

December 17, 2009 Town Council Meeting Minutes

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; Gregory Volk, Member; 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 and Fred Willman, Fire Chief. Absent was Chip Sobek, Parks Superintendent.

Approval of minutes: November 19, 2009 Executive Session and November 19, 2009 Regular meeting -

Ms. Teibel motioned to approve the minutes of the November 19, 2009 Executive Session and the November 19, 2009 Regular meeting. Seconded by Mr. Fryzel. Motion unanimously passed.

Bid Opening: Sale of Fire Department Rescue Vehicle

Mr. Austgen confirmed that the Proofs of Publication indicate the timely publication on November 30th and December 7th in each of The Times and Post Tribune for a Notice to Bidders and stated that meets the requirements of law and the Council may proceed.

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.

New Business

Ordinance #1502, the 2010 Salary Ordinance -
Ms. Teibel motioned to consider Ordinance #1502 on first reading. Seconded by Mr. Forbes. Motion unanimously passed.

Mr. Fryzel motioned to adopt Ordinance #1502. Seconded by Ms. Teibel. Motion unanimously passed.

Ordinance #1504, an Ordinance extending the Tax Anticipation Warrants for 2009 -
Mr. Fryzel motioned to consider Ordinance #1504 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Fryzel motioned to adopt Ordinance #1504. Seconded by Ms. Teibel. Motion unanimously passed.

Consider Ordinance #1505, an Ordinance authorizing the issuance of Tax Anticipation Warrants for 2010 -
Mr. Forbes motioned to consider Ordinance #1505 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1505. Seconded by Mr. Fryzel. Motion unanimously passed.

Ordinance #1506, an ordinance establishing Public Purchasing Policy Regulations and amending Ordinance #1434 -
Mr. Forbes motioned to consider Ordinance #1506 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1506. Seconded by Mr. Forbes. Motion unanimously passed.

Resolution #09-12-17, a Resolution authorizing entry into a joint Interlocal Cooperation Agreement regarding the Tri-Town Safety Village, Inc -
Mr. Forbes motioned to adopt Resolution #09-12-17. Seconded by Mr. Fryzel. Mr. Austgen stated this is before the Council on an initiative that commenced in the late summer as a result of communications made by the Safety Village Board of Directors to the Town of Schererville initially and ultimately to the Towns of Schererville, St. John and Dyer. It was a consequence of a determination that finances at the Safety Village entity were insufficient to meet debt service responsibilities on a significant mortgage loan financing that the Safety Village entity had obtained that permitted the construction of buildings and capital improvements. Over the course of about three months numerous meetings were held at all levels. The Council President, Mr. Barenie, and the Vice-President, Mr. Forbes, met in a series of meetings with the Schererville Town officials. Those were extensive meetings that over an approximate 6-8 week period yielded an understanding of a relationship on a going forward basis for the sustainability and the continuity of the Safety Village entity. Ultimately then, meetings were held with the Safety Village Board and the agreement that is before you tonight is the result of all of those efforts to culminate in the end objective. The end objective, as all of the officials involved, indicated was the continuity of that educational program facility for people here, the children here and the children in the Tri-Town area. There should be a significant amount of kudos extended to Mr. Barenie and Mr. Forbes and the work they put into the meetings that were had and the dialogue that was exchanged for the common purposes. It is his understanding that they also extended that dialogue substatively to the Safety Village Board and ultimately we have a unanimous agreement in the event there is favorable action here tonight. The Safety Village Board met two weeks ago and approved entry into this agreement, the Town of Schererville Council met one week ago and approved entry into this agreement. The agreement awaits completion by St. John’s action. 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.

Resolution #09-12-17A, a Resolution recommending review and amendment by the Indiana General Assembly of the current property tax code provisions for the establishment of an improved and more efficient property tax system –
Mr. Austgen stated that he redrafted a specimen that had been circulated by Highland Clerk-Treasurer, Michael Griffin, as a consequence of a presentation to the 16 plus community entity that meets on the 3rd Friday of every month of which St. John participates. He stated that there has been a significant concern on the flawed property tax distribution system. One of the statutory provisions calls for the ability of the taxing officers to issue provisional tax payments distribution. That has not worked very well and what the Clerks have found were the impetus for calling for the General Assembly to take a look at this. The provisional tax distributions do not occur, they do not occur timely; money is collected on a regular basis and sits in bank accounts pending some arbitrary decision in places that the Town does not control for their distribution. The Statute is pretty clear about distribution; it is supposed to occur within 50 days of the tax bill. But the tax bills don’t go out so the 50 days doesn’t kick in. Mr. Barenie asked who gets the interest the money that is accruing in the bank. Ms. Sury stated that the Town does not get the interest and added that they don’t get 100% of the tax money because some residents pay late. Discussion ensued. Mr. Austgen added that this resolution is a recommendation to the General Assembly to visit this issue in this session and address it; they go into session January 4th through March. Mr. Fryzel motioned to adopt Resolution #09-12-17A. Seconded by Ms. Teibel. Motion unanimously passed.
Authorization to bid Joliet Street Storm Sewer Project -
Ms. Teibel motioned to authorize bidding of this project. Seconded by Mr. Fryzel. Motion unanimously passed.
Authorization of Storm Sewer work at 10370 Joliet Street and Hart Street –
Mr. Volk stated that he received a request from some homeowners along the north side of Joliet Street, the first five homes east of Hart Street. He stated that Mr. Kil and Mr. Faberbock looked at it and Mr. Faberbock suggested they put some catch basins along Joliet Street and tie them in across the road on the south side of the street. Mr. Faberbock estimated the cost at about $16,000 and Mr. Kil would like to go out for some bids not to exceed the $16,000. Mr. Volk motioned to authorize Mr. Kil to get bids for this project not to exceed $16,000. Seconded by Ms. Teibel. Motion unanimously passed.
Motion to authorize Christmas Eve as an additional employee holiday -
Ms. Teibel thanked Mr. Barenie and Mr. Forbes for spearheading the employee Christmas Party. She knows all the employees enjoy it.

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.

Reports & Correspondence

Town Council
Ms. Teibel gave kudos to Ms. Sury for her creative way to promote the 2010 Census this year (Prairie Park West Christmas tree theme) and she thinks that this will make more news than just Lake County Indiana.

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.

Clerk-Treasurer
Ms. Sury stated that they collected $2,180.70 for Sammy the Swan. She asked permission to issue and release a check in the amount of $200 to pay for room and board for one year for Sammy. Mr. Forbes motioned to pay $200 for Sammy the Swan’s first year room and board. Seconded by Ms. Teibel. Motion unanimously passed.

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.

Staff
Mr. Kil stated that they have prepared a balanced budget for 2010 and referenced the newly completed Form 1’s that will be distributed. Mr. Fryzel complimented everyone for all the hard work and effort they put into the budget, citing department heads and the staff.

Public Comment

Mr. Adrian Bugariu, 11747 West 90th Avenue – referenced (inaudible) about attempted murder. Mr. Austgen asked Mr. Barenie to ask the Police Chief to escort Mr. Bugariu out of the meeting, as he was being disruptive.

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.

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Fryzel. Motion unanimously passed. Meeting adjourned at 7:48 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

12-30-2009 Town Council

December 30, 2009 Town Council Meeting Minutes

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; Gregory Volk, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance were Fred Frego, Police Chief and Fred Willman, Fire Chief. Absent were Michael Fryzel, Member; Jerri Teibel, Member and Chip Sobek, Parks Superintendent.

Public Hearing

Ordinance #1503, an ordinance authorizing a change in sewer rates based solely upon a change in the cost of wastewater treatment at the Schererville Wastewater Treatment Plant
Mr. Austgen stated that the Proofs of Publication are in evidence they meet the requirements of law, the Public Hearing has been properly advertised and may be conducted. The Clerk’s certification with a notice posting has also been provided.

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.

New Business

Ordinance #1497, an ordinance establishing PILT for the Waterworks District –
Mr. Volk suggested that they explain what this is to the audience. Mr. Kil referenced the ordinance and stated that PILT stands for payment in lieu of taxes. Since the municipal utility is not subject to paying taxes; they do a calculation of taxes as if it was a privately owned utility, somewhat like that, and then the utility would make a payment to the town in lieu of making tax payments because they are not required to. Mr. Austgen added that no taxes are being paid, these are imputed. This is an imputed calculation that is permitted under §8-1.5-3-8 (Rates & Charges) as a component of rate measure that may be imposed if the legislative body, by Ordinance, adopts same. This is an item that has been reviewed by the Town’s financial advisors, calculations and reports have been provided and are on file here regarding this. The Water Board has reviewed the rate report recommendations that are the subject of the ordinance content, but the Town does not, as a tax-exempt municipal corporate entity pay taxes. It’s an imputation. Mr. Kil added that it does come with a favorable recommendation from the Water Board.

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.

Ordinance #1498, an ordinance establishing PILT for the Sanitary District –
Mr. Austgen stated this is a parallel ordinance to the previous ordinance consideration except for the Sanitary or Wastewater side of the utility function of the Town. This ordinance unlike the previous ordinance however, does not prescribe an amount of payment in lieu of tax to be paid in the calendar year 2009 but rather simply establishes the right of the Town Council as a legislative body to so charge the PILT in future years on an individual basis and takes care of the enabling component. The rate recommendation from the financial advisors to both the Utility Board and to the Council is that the rates would not adequately sustain a PILT payment this year given the current revenue stream, so hence, there is none. It is an enabling ordinance only. Mr. Forbes mentioned that it is reviewed every year to see if a PILT payment can be sustained. Mr. Austgen added that both utilities will have an annual review for that purpose and the Council will annually check off or decline to check off for a PILT payment.

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.

Resolution #09-12-30, a resolution authorizing a transfer of appropriations –
Mr. Barenie stated that these transfers are typical for the year-end. Mr. Forbes motioned to adopt Resolution #09-12-30. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Resolution #09-12-30A, a resolution authorizing the extension of temporary loans –
Mr. Forbes motioned to adopt Resolution #09-12-30A. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Resolution #09-12-30B, a resolution authorizing the encumbering of funds –
Ms. Sury stated this resolution addresses the bills they anticipate to receive and pay next year that were for 2009. Mr. Forbes motioned to adopt Resolution #09-12-30B. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Reports & Correspondence

Town Council
Mr. Forbes stated that he would like to change the Town Council Meeting from the third Thursday to the second Thursday so they have two weeks in between meetings. Mr. Forbes added that the meeting on the third Thursday is in conflict with the Lake County Solid Waste meeting of which he is the town representative. Ms. Sury stated that the Town receives grant money from them and attendance is important. Discussion ensued, it was decided that the meeting schedule change would not present a problem. Mr. Volk stated that any changes to the Plan Commission meeting would wait until the new members are appointed.

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.

Clerk-Treasurer –
None
Staff
Chief Willman read his November Activity Report.

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.

Payment of Bills for the Corporation –

APV’s #9197 - #9527 for $1,597,115.36 - Mr. Forbes motioned to pay the bills of the Corporation general APV’s #9197 - #9527 for a net actual amount of $1,597,115.36. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Public Comment

Bill Dravesky, 9038 Howard Court – referenced the pumping station on 93rd west of White Oak. He stated that the outside light has been out for over a week and asked if the light had been turned off, is it burned out. Mr. Kil stated that he would have someone look at it. Mr. Dravesky stated that about three weeks ago after it rained, it took two guys to clean off the manhole cover and they just pushed the leaves aside rather than take the leaves. He asked why it takes two employees to do that and why didn’t they take the leaves with them. Mr. Forbes stated that they might have been in the area doing something else, stopped and cleaned it out real quick. Discussion ensued.

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.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0. Meeting adjourned at 7:33 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

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