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Town Council Meeting Minutes 2010

Meeting Minutes

01-14-2010 Town Council

January 14, 2010 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 was Police Chief Fred Frego. Absent was Fred Willman, Fire Chief and Chip Sobek, Parks Superintendent.

Election of Officers

Mr. Volk nominated Mr. Mark Barenie for President for the year 2010. Seconded by Mr. Fryzel. Mr. Fryzel nominated Mr. Michael Forbes for Vice-President. Seconded by Ms. Teibel. Motions unanimously passed.

New Business

Tri-Town Safety Village – annual donation -
Mr. Fryzel motioned to authorize the annual donation of $2,000.00 to the Tri-Town Safety Village for the year 2010. Seconded by Mr. Forbes. Motion unanimously passed.
2010 Fire Department contract with St. John Township Trustee -
Mr. Forbes stated that this contract is for the yearly service to the Township for fire service, there are no changes. Mr. Austgen asked about the numbers since Mr. Kil mentioned the numbers increased by 5%. Mr. Kil stated that this is typical of every year. Mr. Fryzel motioned to approve the agreement and to authorize the Town Council President to sign. Seconded by Mr. Forbes. Motion unanimously passed.
2010 St. John Fire Department Roster -
Mr. Forbes motioned to accept the roster. Seconded by Mr. Volk. Motion unanimously passed.
Resolution # 10-01-14, a resolution to write-off uncollectible bad debt –
Ms. Sury stated that this is the semi-annual write off for the un-collectible EMS bad debt and requested to add an amount of $125.00 for the un-collectible debt for violation of the weed ordinance. The property is located at 12043 West 105th and a lien could not be filed. The town had to hire an outside firm to cut the grass at this property. Mr. Forbes motioned to adopt Resolution #10-01-14 with the Clerk-Treasurer’s adjustment with the exception to the lot for $125.00 at 124043 West 105th which will make the write off amount $45,525.55 ($45,400.55 + $125.00). Seconded by Mr. Fryzel. Motion unanimously passed.
Board and Commission Appointments –
Mr. Barenie stated that they found some inconsistencies with some of the appointments due to the political party affiliation designations that were requested on the applications and referenced the system put in place to make sure any exceptions are found quickly and they can be consistent throughout.

Mr. Forbes proposed the following appointments:

Park Board

AppointShari KolodziejAs a DTerm Expiring 12/31/2013
AppointJanet BrennanAs a DTerm Expiring 12/31/2013 *
Re-AppointBeth HernandezAs a RTerm Expiring 12/31/2011
RemoveFaye Johnson

Plan Commission

AppointMike RyanAs a DTerm Expiring 12/31/2013
AppointDan MorangAs a DTerm Expiring 12/31/2013
AppointGregory TipperyAs a RTerm Expiring 12/31/2013**
AppointSteve HastingsAs a RTerm Expiring 12/31/2013
RemoveDawn Pelc
AppointGreg VolkTerm Expiring 12/31/2010
AppointTom RedarTerm Expiring 12/31/2010
AppointMichael Forbes ***Term Expiring 12/31/2010

Police Commission

AppointWilliam DodaroAs a RTerm Expiring 12/31/2012
AppointRobert LongAs a DTerm Expiring 12/31/2012
Re-AppointDonald FarrisAs a RTerm Expiring 12/31/2011

BZA

Re-Appoint Ken Schneider Term Expiring 12/31/2013

Town Council Appointment from Plan Commission Steve Hastings Term Expiring 12/31/2010

Sanitary & Water Boards

AppointFrank BradtkeAs a RTerm Expiring 12/31/2013
Re-AppointRobert MyersAs a DTerm Expiring 12/31/2011

Mr. Forbes recommended the re-Appointment of all the Town Council members to the Redevelopment Commission. He stated that they are waiting to hear from the School Board about the Appointments of the non-voting citizen members from each respective school district. They will table the Appointments to the EDC at this time and would like to discuss the possibility of expanding the board from three to five members. Discussion ensued regarding the third Appointment to the Plan Commission from the Town Council. *Discussion ensued regarding the Appointment of Janet Brennan (Park Board); Appointment of term is until 2011 and **Appointment of Gregory Tippery (Plan Commission) for the term to expire 2011 (replacing Dawn Pelc). After further discussion, it was recommended that Mr. Forbes be Appointed to a one year term on the Plan Commission ***.

He stated that all of these Appointments are subject to final verification.

Ms. Teibel motioned to approve the Boards and Commissions members as outlined. Seconded by Mr. Fryzel. Motion unanimously passed.

Liaison Assignments:

Mr. Barenie stated that for discussion purposes, that the Board think about the five major programs going on with Public Works and he would like to have a discussion about the water treatment plant, interceptor sewer, and the WWTP expansion, Joliet Street project, etc. He recommended that the liaison to the Sanitary/Waterworks Board be the same as the Public Works; that is, to have one person be the liaison.

Discussion ensued regarding the request for liaison assignments and Ms. Teibel stated that she would like to remain on the Police Commission.

Mr. Forbes stated that last year his list of liaison Appointments was quite lengthy and he could not make all the meetings. He added that someone is going to have to take NIRPC and the Lake County Coalition and that he would like to stay with the Lake County Solid Waste, the Sanitary/Waterworks and that he would take the Public Works to tie all three of those boards together. Discussion ensued, Appointments for the Lake County Solid Waste and NIRPC would remain open for now. Discussion ensued regarding representation at the 16+ meetings. Mr. Forbes stated that he and Mr. Volk will try to cover NIRPC; Lake County Coalition will have to stay open.

The following Appointments were confirmed after discussion:
Michael Forbes – Lake County Solid Waste, Sanitary/Waterworks Board, Public Works
Gregory Volk – BZA
Michael Fryzel – Fire Department, Economic Development Commission
Jerri Teibel – Police Commission
Mark Barenie – School System Plan and Park Board and would help as available
Steve Kil – Safety Village

Ms. Teibel motioned to approve the Town Council liaison assignments and Mr. Kil as the Town Council President’s designee to the Safety Village Board for 2010. Seconded by Mr. Fryzel. Motion unanimously passed.

Consider Austgen Kuiper & Associates services agreement for 2010 -
Mr. Fryzel motioned to approve the annual Appointment of the Town Attorney and the Police Commission Attorney to the firm of Austgen Kuiper & Associates. Seconded by Ms. Teibel. Motion unanimously passed. Discussion ensued regarding the agreements for financial services, Cender & Company, and Robinson Engineering; they have not been received yet.
Consider annual CF-1 Form for Perm Industries – development at 9660 North Industrial Drive -
Mr. Kil stated that he has found Perm Industries in substantial compliance and recommends that the Council approve the CF-1 Form. Mr. Forbes motioned to approve the CF-1 Form for Perm Industries and authorize the Town Council President to sign. Seconded by Mr. Fryzel. Motion unanimously passed.

Note: Ms. Teibel left the meeting at 7:30 P.M.

Reports & Correspondence

Town Council
Mr. Volk stated that he attended the Lake Central School District Wide Facility Master Plan Conference; they are having two community dialogues one on February 3rd and one on March 30th. They have asked all the Towns to distribute a flyer or to put the information on the water bill. Discussion ensued regarding the insertion of the flyer in the utility billing envelopes announcing the meetings and Ms. Sury would obtain the cost and provide the information for this service to the Council and Mr. Kil.

Mr. Barenie thanked all the Board and Commission members for a job well done in 2010 and the Council as well.

Clerk-Treasurer –
None
Staff
Mr. Kil – stated that he as two contracts from INDOT, the first is for the Joliet Street resurfacing and sidewalk repairs that will run from U.S. 41 to Parrish, he also has a separate contract for the Joliet Street Storm Sewer Project; both of these projects are with stimulus money. The deadline for these are January 27th, this will secure the portion of the stimulus money the Town has been awarded for the two projects. He added that at the request of Mr. Barenie, they have been pushing 93rd Avenue to be included as part of the stimulus project. He was notified by INDOT today that we were awarded over $300,000 for 93rd Avenue resurfacing subject to there being money left after the first round of letting for everyone’s stimulus project. Mr. Fryzel motioned to approve the two LPA contracts with INDOT, the first for Joliet Street resurfacing, the second for Joliet Street storm sewer. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Public Comment

Ms. Barb Gulden of the St. John Chamber of Commerce introduced herself along with members Nick Georgiou and Randy Gootee. She stated that they are the liaison and would be attending the Town Council Meetings and invited the Town Council members, Town Manager and a representative of the Police and Fire Departments to attend the monthly Chamber meetings.

Adjournment –

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

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

01-28-2010 Town Council

January 28, 2010 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 was Assistant Police Chief Chapranda for Chief Frego; Fred Willman, Fire Chief and Chip Sobek, Parks Superintendent.

Approval of the minutes: December 17 and December 30, 2009 Regular Meetings -

Mr. Fryzel motioned to approve the minutes of the December 17th and December 30, 2009 Regular Meetings. Seconded by Mr. Forbes. Motion unanimously passed.

New Business

Consider contract with St. John Township Trustee for the maintenance and operation of the Senior Citizen Bus – Fifteen Hundred Dollars ($1,500.00) -
Mr. Fryzel motioned to approve, not to exceed $1,500.00, and to authorize the Town Council President to execute this agreement. Seconded by Ms. Teibel. Motion unanimously passed.
Consider Professional Services Agreement with Cender and Company LLC -
Ms. Teibel motioned to approve the agreement and to authorize the Town Council President to execute. Seconded by Mr. Fryzel. Motion unanimously passed.

Mr. Barenie complimented the service the Town has received from Karl Cender and from Robinson Engineering. Mr. Kil added that both companies did not raise their prices from last year.

Consider Professional Services Agreement with Robinson Engineering, Ltd. -
Mr. Forbes motioned to approve the agreement and to authorize the Town Council President to execute the agreement with Robinson Engineering. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1507, an ordinance amending the Town of St. John Personnel Policy Manual -
Mr. Forbes motioned to consider Ordinance #1507 on first reading. Seconded by Mr. Fryzel. Motion unanimously passed.

Ms. Teibel motioned to adopt Ordinance #1507. Seconded by Mr. Fryzel. Motion unanimously passed.

Ordinance #1508, an ordinance amending Ordinance #1506, regarding Public Purchasing Policy –
Mr. Austgen explained that this Ordinance slightly adjusted the amendment made last month to permit the department heads a $500 purchase limit before the processing approvals, RFP’s, commences. Mr. Forbes motioned to consider Ordinance #1508 on first reading. Seconded by Mr. Fryzel. Motion unanimously passed.

Mr. Forbes motioned to adopt Ordinance #1508. Seconded by Ms. Teibel. Motion unanimously passed.

Resolution #10-01-28, a resolution authorizing a temporary transfer and loan of funds -
Mr. Fryzel motioned to adopt Resolution #10-01-28. Seconded by Mr. Volk. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Volk stated that he received a couple of complaints last year of people putting out their trash too early and animals getting in to it. He has driven through neighborhoods on Fridays and Saturdays and noticed a lot of people putting their trash out and referenced the ordinance. Mr. Volk stated that the ordinance states not to put the trash out before 6 P.M. the night before and requested that a reminder of the time limitation be noticed on the water bills. Discussion ensued, and Ms. Sury will include the reminder on the utility bills.

Mr. Barenie asked Ms. Sury if the flyer regarding the meeting schedule for the Lake Central Schools District Wide Facility Master Plan community dialogue meetings could be inserted with the utility bills as they discussed last meeting and she said the flyers have been delivered to the printer for insertion.

Clerk-Treasurer
Ms. Sury stated that the Town received for the 2010 TAW program a .98% interest rate with the help of Karl Cender and that represents the interest through the end of June; approximately $12,000. She also mentioned that she is going to jail for Muscular Dystrophy on February 11th; if she calls you she would appreciate a donation.
Staff
Mr. Sobek stated that the Spring and Summer programs will be starting soon; and the program flyer will be going out with the water bills this month. The Easter Egg Hunt is March 27th.

Chief Willman gave the December Activity Report for the Fire Department.

Assistant Police Chief Chapranda gave the December Activity Report for the Police Department.

Mr. Barenie stated that they heard from INDOT, based on the stimulus money to St. John, the two projects total about $568,000. The extra money will go back into the kitty which will be reissued to St. John for work on 93rd Avenue.

Mr. Kil stated that the intersection of Parrish and Route 231 will be getting a facelift regarding the signalization. The flashing light will be turned into a full signal. An article will be in the newspaper next week to let the residents know. Chief Frego and he will be working on the cost to put the Opticom System there and will advise the Council.

Payment of Bills for the Corporation –

APV’s #7000 - #7182 for $2,862,183.50 – Mr. Forbes motioned to approve payment for vouchers #7000 - #7182 for the amount of $2,862,183.50. Seconded by Mr. Fryzel. Motion unanimously passed.

Public Comment

Ms. Johanna Parish, 9124 Columbia Street – stated that she has been a resident of St. John for 12 years and has been a nurse since 1983. She is currently involved in a course in her Master’s program where she needed to review her community and State health initiatives in reference to how Indiana is represented in their health in comparison to the nation. This is provided through the Center of Disease Control with the United States Government.

The thing she found out about St. John is that it is very progressive, who is involved in determining what businesses are in St. John has intentionally left out places that provide high fat foods such as Burger King, McDonalds and Kentucky Fried and applauded the Council for making it one of the top small towns in America.

Ms. Parish stated that in reference to things she did find in all of Indiana as a whole, is that Indiana has higher averages of unhealthy practices. She distributed pamphlets to the Council members. She stated that she found that on a scale with Indiana, St. John is a one of the more health conscious communities. That is represented by the new bike trail, the new playground equipment, very nice parks and very nice sidewalks in many areas. She referenced the additional information on a website and the information in the pamphlet. Ms. Parish stated that she hopes that they can not only be one of the most sought out small towns in America but also they can be one of the healthiest small towns in America by implementing some exercise programs, maybe health fairs, health screenings and working with local physicians, getting indoor facilities for walking, and prevention components.

Mr. Austgen mentioned that Mr. William Tuley passed away on January 20th, he was 94 years young. He served as President on the Town Board of St. John, was a Veteran of the Second World War, and an inspirational leader of the Survivors of the Battle of the Bulge. He was a great citizen and was responsible for attending each and every parole hearing for the two men who murdered our police officers, one for whom our park is named. Mr. Austgen stated that Bill Tuley was a great American, a great St. John citizen and asked if the Council would like to consider a resolution at the next meeting. Discussion ensued. Mr. Kil will see if Mr. Tuley has any family left in the area for the presentation and Mr. Barenie asked Mr. Austgen to write a resolution.

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Fryzel. Motion unanimously passed. Meeting adjourned at 7:27 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

02-11-2010 Town Council

February 11, 2010 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; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also present were Fred Frego Police Chief and Fred Willman, Fire Chief (left at 7:07 P.M.). Absent were members Michael Fryzel & Jerri Teibel and Parks Superintendent, Chip Sobek.

New Business

Ordinance #1509, an ordinance increasing the fee structure for Temporary Water Service Shut-Off and Turn-On –
Mr. Austgen stated that this is not ready; it needs to go back to the Water Board. Mr. Forbes motioned to table and send it back to the Board for some reconsideration. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Ordinance #1510, an ordinance establishing a Back-Flow Prevention Program –
Mr. Forbes stated that this is for sprinkler systems at both residential and commercial developments. They will need a yearly inspection of a valve that prevents backflow into the water system from the outside water to prevent contamination of the water system. It is the owner’s responsibility to ensure this is done every year. The Town will not be doing this. Most people have this done when they are closing their system out, now they have to make sure this backflow valve is in place and in operation. Mr. Forbes motioned to consider Ordinance #1510 on first reading. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Mr. Forbes motioned to adopt Ordinance #1510. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Consider Letter of Credit #101-303 – Gates of St. John Unit 10C in the amount of $10,830.00 (Favorable recommendation from Plan Commission) -
Mr. Forbes motioned to accept a Letter of Credit #101-303 in the amount of $10,830.00. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

(Chief Willman left the meeting due to a fire call.)

Consider Letter of Credit #101-289 – Gates of St. John Unit 8 in the amount of $285,154.43 (Favorable recommendation from Plan Commission) -
Mr. Volk motioned to accept the Letter of Credit #101-289 in the amount of $285,154.43. Seconded by Mr. Forbes. Motion passed with a vote of 3 - 0.
Consider Letter of Credit #101-290 – Gates of St. John Unit 1A in the amount of $162,101.50 (Favorable recommendation from Plan Commission) -
Mr. Forbes motioned to accept the Letter of Credit #101-290 in the amount of $162,101.50. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Consider ARRA (American Recovery and Reinvestment Act of 2009) INDOT / LPA Contract Project Des #0901915 (West 93rd Avenue Re-surfacing) –
Mr. Kil stated that the funding will be approved on February 25th to resurface 93rd Avenue from Cline to Marquette, Deodar to Hart and White Oak to west of Columbia. The other areas have already been paved or are covered under another project. Mr. Forbes motioned to authorize the Town Council President to execute the INDOT Project Coordination Contract. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Mr. Forbes asked if this was the end of round one of the stimulus projects. Mr. Kil stated that it is.

Consider remaining 2010 Board and Commission appointments –
Mr. Forbes stated that he confirmed the political affiliations of the applicants with the Lake County Board of Elections and recommended that Mr. Thomas Ryan be the Republican appointment to the Plan Commission. He added they do not have any other candidates for the Park Board spot as the only applicant applied as a Republican when he is really a Democrat. Mr. Kil stated that he has received the written recommendation from Lake Central Schools for their ex-officio non-voting citizen member of the Redevelopment Commission; he has a verbal recommendation from Hanover Schools and is waiting for the letter. Mr. Forbes motioned that Mr. Thomas Ryan be the Republican appointee to the Plan Commission and that Mr. DeVries be the ex-officio non-voting citizen member representing the Lake Central Schools of the Redevelopment Commission and that Ms. Pat Kokot be appointed the ex-officio non-voting citizen member of the Redevelopment Commission representing the Hanover Schools contingent upon written confirmation from Hanover Schools. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

The formal resignation from Park Board Member Ms. Beth Hernandez was acknowledged and Mr. Kil stated that he will advertise in the newspaper for applicants to fill the vacancy.

Reports & Correspondence

Town Council
Mr. Forbes stated that he is still working on the “Thank You” get together for the Halloween Haunted House volunteers and would also like to include the people who volunteered at Christmas in the Park. He stated that he is looking at a tentative date of Sunday, March 21st from 3 P.M. to 6 or 7 P.M.; the VFW will let them use the hall. The funds would come out of the Haunted House money and he does not expect to spend over $1,000.00; Comfort Catering will charge $8.80 a person.

Mr. Barenie followed up on the discussion at a prior Council meeting regarding recognition of Mr. William Tuley. He stated that they have ordered a couple of plaques and are looking at planting a tree in Civic Park to recognize him.

Mr. Austgen asked Chief Frego is there any plans for the ongoing vigilance for the parole of the man that killed the St. John police officer. Chief Frego stated the he will look into the status of the parole of the remaining convict and will continue the vigilance. He stated that he is meeting with Mr. Tuley’s niece to go through some items that will be donated to the Historical Society.

Clerk- Treasurer –
None
Staff
Mr. Kil asked for authorization to advertise three vehicles (one Suburban and two pickup trucks) for sale through sealed bid. Mr. Forbes motioned to authorize advertisement for the sale of three vehicles and request sealed bids for the same. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Public Comment –

None

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0. Meeting adjourned at 7:22 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

02-25-2010 Town Council

February 25, 2010 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 7:03 P.M. A Flag Ceremony was presented by Boy Scout Troop #561 who then 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, Fred Willman, Fire Chief and Chip Sobek, Parks Superintendent. Absent were members Michael Fryzel and Jerri Teibel.

Scout Leader Kris Sorenson stated that they have 37 Scouts; they go camping every month, and are studying citizenship this month. In a couple of weeks they will be going to Indianapolis to see the State Capital and the Colts. They have 13 Scouts that are going to the National Jamboree for the 100th Anniversary of Scouting this summer in Washington D.C. the President usually comes out to meet them and they visit the Capital and some other attractions. Their troop has 10 or 11 Scouts that are one step away from their Eagle badge and 4 or 5 of them have told him they will be completing their Eagle sometime this year. Out of all of the Scout’s they usually have 4-5% receiving their Eagle, this troop has a very high number and Mr. Sorenson credits the previous Scout Master who did an excellent job in preparing them.

Approval of minutes: January 14, 2010 and January 28, 2010 Regular Meetings -

Mr. Forbes motioned to approve the minutes of the January 14, 2010 and the January 28, 2010 Regular Meetings. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Bid Opening: New Ambulance bids

Mr. Austgen confirmed timely publication in The Times and Post Tribune two times in each paper, January 15th and 22nd respectively and that the bids were properly made and published. Bid Opening – Mr. Austgen opened the following bids:

1. Crossroads Ambulance Sales and Service, LLC
Middlebury, IN
Total Bid Amount $148,895.00
Bid Bond in the amount of 10% of the amount bid
Form 96 is included
There is a non-collusion affidavit

2. Fire Service Incorporated
St. John, IN
Total Bid Amount $125,502.00
Bid Bond in the amount of 5% of the amount bid
Form 96 is present and executed
Contains non-collusion affidavit and is duly notarized

Town Council Action - Mr. Forbes motioned to take the bids under advisement. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

New Business

Resolution #10-02-25, Interlocal Cooperative Agreement with Towns of Schererville and Dyer (Police Technology Grant) –
Chief Frego stated that they have been awarded a Technology Grant from Congressman’s Visclosky’s office. They are ready to order the equipment as soon as they get this agreement signed. Mr. Forbes motioned to adopt Resolution #10-02-25. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0. Mr. Austgen complimented the Police Department, Chief Frego and his staff in their work to receive this grant.
Ordinance #1511, an ordinance establishing an Excess Levy Fund –
Mr. Kil explained the three next resolutions are to establish a place to deposit money received from excess welfare funds that came from the State. The money will used to offset the cost of road salt and things of that nature. Ms. Sury added that the money must be used for public safety. Mr. Volk motioned to consider Ordinance #1511 on first reading. Seconded by Mr. Forbes. Motion passed with a vote of 3 - 0.

Mr. Forbes motioned to adopt Ordinance #1511. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Ordinance #1512, an ordinance establishing a Sanitary District Excess Levy Fund -
Mr. Forbes motioned to consider Ordinance #1512 on first reading. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Mr. Forbes motioned to adopt Ordinance #1512. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Ordinance #1513, an ordinance establishing a Waterworks District Excess Levy Fund -
Mr. Forbes motioned to consider Ordinance #1513 on first reading. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Mr. Volk motioned to adopt Ordinance #1315. Seconded by Mr. Forbes. Motion passed with a vote of 3 - 0.

Consider annual CF-1 Form for SB Properties – development at 9565 North Industrial Drive, Lot 18 –
Mr. Kil stated that he reviewed the dollar amounts and estimates as found on the SB-1 Form which is the Statement of Benefits, it turns out that the actual benefits to the community far exceeded what was estimated and recommends acceptance by the Town Council as he found them to be in substantial compliance. He stated that this is the last year for this CF-1 Form approval process. Mr. Forbes motioned to accept the CF-1 Form as presented and authorize the Town Council President to sign. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Consider annual CF-1 Form for Welch Properties – development at 9585 North Industrial Drive, Lot 19 -
Mr. Kil stated that as with the previous CF-1 Form, he has reviewed this and have found them to be in substantial compliance and recommends the Town Council approval. This CF-1 Form approval process has one more year left. Mr. Forbes motioned to accept the CF-1 Form as presented and authorize the Town Council President to sign. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Consider Letter of Credit #101-305 – Gates of St. John Pod 1-C in the amount of $72,055.84 (Favorable recommendation from Plan Commission) -
Mr. Forbes motioned to accept Letter of Credit #101-305 in the amount of $72,055.84. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Reports & Correspondence

Town Council
Mr. Forbes stated that he has received the letter from Hanover Central regarding the citizen appointment to the Redevelopment Commission. So both members are duly authorized by their respective boards. He also mentioned that he attended the Illiana Expressway meeting in Crown Point. He said there is a 50/50 split between those for and against it. Discussion ensued.

Mr. Barenie stated that the Town will be receiving an additional $605,000 of Stimulus Round Two money for projects that will get done in the course of next year. The projects must first be approved but they do have the money coming. Mr. Kil stated that Round One consisted of three projects: 93rd, 101st and the drainage project on 101st. They have already been awarded. Round Two, in the amount of $605,000 has been awarded but is pending approval and we must submit a list of roadways, it cannot be a subdivision it must be a FAU approved route which would be a primary route in Town, not an interior subdivision road. Discussion ensued regarding the call received from Lake County to do locates on utilities for a proposed bridge project on Blaine. It is in the preliminary design stage. Mr. Forbes stated that Mr. Kil, Mr. Faberbock and himself have all been sending e-mails to NIRPC to get White Oak designated as a FAU route but it may be too late for that.

Mr. Volk mentioned that Blaine Avenue was just inherited through an annexation and is in pretty bad shape, they are hoping the stimulus money will correct the road. Further discussion ensued.

Clerk-Treasurer
Ms. Sury asked if the Public Works Building could be used for the Primary Election for Precincts #2, #4, and #10. Mr. Forbes motioned to provide the facilities of the Public Works Building for the upcoming May election. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Staff
Mr. Kil stated that the Plan Commission will be entertaining a site plan review and a development plan review on March 3rd for People’s Bank. They are going to be locating a new building by Tractor Supply, just north of the strip mall by Jimmie John’s and Starbucks. He also receives a lot of calls regarding the proposed Aldi’s and the Walgreens at the corner of #231 and #41. However, He has had no contact from these companies.

Mr. Sobek stated they are getting ready for their Spring activities including the Easter Egg Hunt and are taking registrations for that right now. He will be working with one of the Eagle Scouts here on another project later on this Spring. Mr. Barenie asked about the registration for girls’ volleyball at Heartland Park and Mr. Sobek stated that they just started taking mail in registrations and will two days for sit down registrations.

Chief Frego stated that he does not have his monthly report as he left it on his desk in his office. He stated that he has been contacted by the Lake Hills Baptist Church; they would like to conduct a 5K run on May 1st in the Lake Hills subdivision. He told them that he would not close 85th, they would have to bus their people to the clubhouse at Lake Hills and the race would have to start and end there. Discussion ensued. Chief Frego stated that he will contact the Homeowner’s Association to see if they agree that the race could be held there. The Council agreed that they do not have a problem with the race being held there if the Homeowner’s Association does not.

Chief Willman gave his January Monthly Report.

Payment of Bills for the Corporation

APV’s #7185 - #7348 for $969,752.85 (Note: #7138 and #7184 were voided out last month) - Mr. Forbes motioned to authorize payment of bills in the amount of $969,752.85. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Public Comment

Mr. William Machnikowski, 10377 Birchbrook Drive – referenced the problem he is experiencing with a retaining wall that has been built on the property line, (inaudible). Discussion ensued. Mr. Barenie stated that he will have the Town Inspector look at it.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0. Meeting adjourned at 7:48 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

03-11-2010 Town Council

March 11, 2010 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, Member; Michael Forbes, Member; 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: Assistant Police Chief Chapranda for Chief Frego and Fred Willman, Fire Chief. Absent was Chip Sobek, Parks Superintendent.

New Business

Consider bid award for New Ambulance ($125,502.00) –
Mr. Kil referenced a letter from the Fire Chief that was in the Council member’s packages and echoed the Fire Chief’s comments that they should award to the lowest bidder, the lowest responsible bidder in the amount of $125,502.00. Mr. Fryzel motioned to award the bid to Fire Services in the amount of $125,502.00. Seconded by Ms. Teibel. Motion unanimously passed.
Ordinance #1514, an ordinance establishing a Park Department Donation Fund –
Ms. Sury stated that both, the Fire and Police Departments have a donation fund but the Parks Department does not. On occasion the Parks Department receives donations from banks and businesses for different parks programs and a fund is needed to deposit these donations so that the intended donations can be spent. Mr. Forbes motioned to consider Ordinance #1514 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Fryzel motioned to adopt Ordinance #1514. Seconded by Mr. Forbes. Motion unanimously passed.

Follow-up on residents’ request to look into builder issues –
Mr. Barenie welcomed everyone to the Council meeting. He stated that the purpose of the meeting and the invitation to the residents is a fact-finding mission to start with. Through the process they will centralize the information. Various Council members, various staff members and other Town officials have all received information, so they are going to try and centralize and organize the information.

He emphasized that the Council will oversee this project in its entirety. After they have received the information they will set up a meeting with key builder representatives, have a discussion; plan another meeting based on their findings tonight and what they have put together from the meeting of the representatives of the builders. They will then contact the residents again regarding what will happen and will discuss potential remedies that will hopefully be a win/win situation. Mr. Barenie stated that they also want to find out how the process broke down that it took the several members of the Council so long to find out that there were these problems. He also discussed expectations, stated that he is aware there might be items that don’t turn out the way the residents feel they should have, and wants to make sure the residents have reasonable expectations.

Mr. Volk added that it’s very important that the people understand that the Council takes this very seriously. The mailing list was based on building permits and that they may want to ask their neighbors if they received the letters. He stated that he has personally looked at some of these items and was shocked by some of it and was more surprised that the contractor hasn’t responded better. Mr. Volk stated that is what the Council will be looking for.

Mr. Forbes thanked the audience for their patience; he added while they can address some things, they probably couldn’t address others. They hope to find some satisfaction on the majority of the problems and issues that are out there.

Mr. Barenie thanked the residents for their attendance and stated that some of their comments hit home and that they will do their best. He asked if anyone wanted to make a comment at this time regarding this specific topic instead of waiting until the end of the meeting and referenced the other items on the agenda. It was confirmed that comments would be heard at the end of the meeting.

Mr. Barenie stated that they needed to add an item to the agenda, the St. John Township Fire Protection Contract. Mr. Forbes motioned to amend the agenda to include the St. John Township Fire Protection. Seconded by Ms. Teibel. Motion unanimously passed.

St. John Township Fire Protection -
Mr. Kil stated that Ms. Jean Shepherd, the Township Trustee, approached the Town regarding servicing an area in the Township. He met with Ms. Shepherd, the Fire Chief, the Police Chief and Mr. Forbes to discuss the parameters of covering this area such as the boundaries of the area, staffing, call volume, and compensation. They concluded they will not require additional staffing or equipment and they will respond to fire, EMS and ambulance service. It is their recommendation that they honor the request of the Township Trustee and that the Council act accordingly.

Mr. Forbes added that they had a good meeting and the timing is really good, especially with the purchase of an additional ambulance. The addition of this area is not a burden to the Town and will not negatively impact the service of the Town. They have mutual aid with Lake Hills and thinks they are in a good position to assist the Township in this.

Mr. Barenie asked Ms. Shepherd who previously covered this area. She stated that the Town of Dyer covered this area and has not received anything from them after their contract was up. She stated that she has made several efforts to contact them and added that the cost from Dyer is $5,000 more than what the Township is offering them. Mr. Fryzel stated that this is the same area Dyer is trying to annex. Discussion ensued. Chief Willman confirmed that they have provisions within their own department to handle the number of calls and responses that are out there. They also have auto aid – they are dispatched on the same frequency as Lake Hills so both departments are dispatched at the same time, they also have access to a tanker simultaneously. Ms. Teibel motioned to enter into the supplemental agreement proposed by the St. John Township Trustee for the Town of St. John. Seconded by Mr. Forbes. Motion unanimously passed.

Reports & Correspondence

Town Council -
Mr. Forbes stated that the Farmer’s Market is usually run by Michelle Haluska who is now a 32-hour per week employee. He stated that Ms. Sury suggested that they pay Ms. Haluska eight hours a week from the Farmer’s Market Fund, currently funds are available. Ms. Teibel stated that she is concerned that Ms. Haluska is being flipped flopped by working 40 hours for six months and 32 hours for six months. Mr. Barenie stated that he spoke with her and she is quite pleased with the agreement. Ms. Teibel stated that she spoke with her and she is a little insulted with the agreement. Mr. Fryzel questioned if they could legally pay her from this fund. Mr. Austgen confirmed that yes; the Council could use this fund for payroll if the Council so designates.

Mr. Forbes added that they are looking into lowering the cost of the Farmers Market. One of the items they are looking at is the cost of Porto-pots. Discussion ensued. Mr. Kil stated that he is going to look into that.

Mr. Forbes motioned that they pay Michelle Haluska eight hours a week for the Farmer’s Market event from May through October and to increase her workweek to 40 hours during that period. Seconded by Mr. Volk. Motion unanimously passed.

Mr. Forbes asked if they are going to do the Town wide garage sale the first week in May. Ms. Teibel stated that absolutely, they are working on the map and asked if they would like to have businesses sponsor the map. She stated that she has had inquiries from many local businesses wanting to advertise on the maps. Discussion ensued and included the feasibility of this in relation to the size of the maps that are 11 x 17 that are distributed. Mr. Kil asked for confirmation that the time frame would be April 29th – May 2nd. Discussion ensued. Ms. Teibel motioned to hold the Annual St. John Town Wide Garage Sale for 2010 commencing April 29th through May 2nd and waive the typical garage sale fee and it does not count against your maximum garage sales per year. Seconded by Mr. Forbes. Motion unanimously passed.

Clerk-Treasurer -
Ms. Sury stated that she has received several calls regarding the census form having a Dyer address on it instead of St. John that caused confusion for the town residents. Mr. Kil stated that the designation of the town was Dyer but the zip code was St. John. The designation of where they are counted is based on the zip code. The postal districts do not pay attention to the corporate boundaries of the Towns, which is why the town name is different. Discussion ensued.
Staff –
Mr. Kil stated that the traffic signal at #231 and Parrish is operational now; he said that fixing the lines at #231 and Park Place was just approved by INDOT.

Public Comment

Ms. Johanna Parrish, 9124 Columbia Street, St. John – stated that as a follow up from previous meeting regarding the health status of St. John, she gave the Council members a copy of the evaluation she completed for her class.

Mr. Robert Ash, 10356 Adler Cove – stated that it is Philippe Builders that they are having problems with and asked if the Council wants simple forms or all the documentation. Mr. Barenie stated that they would like a summary page and the backup documentation; the Council would like the details, detailed documentation – when contacts were made, discussion, etc. Mr. Austgen recommended that the Council get any information they can get.

Ms. Stacy Zilz, 9063 West 103rd Street – stated that she has working on this with Mr. Ash and that the total number of signatures on the petition may not match the number of people sending in their issues. The reason for the discrepancy may be because some people have issues with other things in the petition such as sidewalks on the main parkway and the streets. Discussion ensued. Ms. Zilz thanked the Council for their assistance in this matter.

Mr. John Terpstra, 10406 Adler Cove – stated that if the residents have anything in writing that the Town needs to see it. He added that this is a contractual agreement between the contractor and the consumer and is concerned that if they are pressing Philippe for these things and if they start pulling permits of these people to build, it is going to create a stigmatization of the neighborhood and he wants to preserve growth in his neighborhood.

He stated that Philippe tells them that the residents have to contact the subcontractor that did the work and wants to make sure they have the right focus, he said the homes were built and were inspected by the Town; each one of these homes received an occupancy permit. He wants to ensure that going forward they have a long-term solution to this problem and to look at having more stringent standards in the inspection process that St. John has. Mr. Forbes stated that they are not after Philippe per se; they want Philippe to step up to what they are required to do. Discussion ensued with reference to the crack in his basement floor and wall after the 11-month warranty period ended whereas Mr. Terpstra was advised by Philippe to call the excavators.

Mr. William Machnikowski, 10377 Birchbrook Drive – asked the Council members if they needed any other documentation other than his photographs that he submitted. Mr. Kil stated that they are compiling everything they have in their office, everything he has supplied and everything Oltoff has in their file as well.

Discussion ensued regarding the due date for turning in the back up documentation to the Town to be in one week. An audience member stated that they went door-to-door to the residents to notify them of the Towns’ involvement and will do so again. Mr. Barenie stated that certified letters were sent to each of the residents in the development.

Discussion ensued regarding specialists coming to their homes to look at the problems and Philippe not accepting that as proof.

Unidentified resident stated that he had to call five times to have someone come out regarding the siding and flashing and has problems with cracks in the walls. Philippe does not send a manager they send their associate managers.

Mr. Ash stated that the Town gave Philippe a license to build in the city, these are construction problems and Philippe acts like there is no reason to fix the problems. The condition their homes are in now they cannot sell their homes. He stated that this does not help St. John it works against St. John.

Mr. Austgen stated that it is very, very evident there is an impassioned group of citizens here and this needs to be known. He appreciates Mr. Terpstra’s comments about this. There is a very delicate balancing act that this Council has to walk through. If you want assistance there is going to have to be give and take. The mission the Council has taken to do is gather the data to assess what the situation is objectively and everything they end up doing up here will be based upon objective codes and criteria. He realizes, he owns a home, everyone up there owns a home, they know what their home means to them. They are going to end up dealing with these things on an objective basis. Uniform building code, professional assistance and an observation of how they can find a way to assist them with this developer/contractor. Now that being said, that balancing goes forward. The perspective is there is a hammer up here in the sense of licensure. That doesn’t fix your homes, that doesn’t get somebody back, that doesn’t keep homes continuing being built in your subdivision. That by itself impacts your value. Empty lots and open fields. So please understand there is an absolute commitment up here to gather all of the information that can absolutely be gathered so that an objective analysis and an open dialogue can be had with this contractor. That really is the intent.

Mr. Barenie stated that there would be meetings. The purpose of the meetings is to be the most informed they could be, so they can have the best dialogue on the resident’s behalf.

Mr. Austgen stated that the Town Council has become their ombudsmen up here, they are your elected officials but they have become your ombudsmen in a private dispute and they are committed to getting to that point. He confirmed with Mr. Barenie that they would be making a report every couple of weeks in the Town Council meetings to report on how things are moving.

Ms. Cecelia Nelson – 10169 Privet Drive – stated that she moved into her house in March 2007. She did all the right things in putting in her requests and stated that she is now a widow and has been fighting this herself. Ms. Nelson stated that she has water coming in through her French doors and has mold. For a year and a half he (Philippe) would not fix that problem. They would not give her the final grating on her lot; it floods all the way up to her patio. She stated that her windows leak, there is no insulation in there, and her basement has ten cracks. The Supervisor from Philippe told her she is screwed, call her names and she feels like she is harassed and all alone.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0. (Ms. Teibel left the meeting before adjournment) Meeting adjourned at 8:18 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

03-25-2010 Town Council

March 25, 2010 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 7:09 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 and Chip Sobek, Parks Superintendent. Absent was Jerri Teibel, Member.

Approval of minutes: February 11 and February 25, 2010 Regular Meeting Minutes -

Mr. Forbes motioned to approve the minutes of the February 11, 2010 Regular session and the February 25, 2010 Regular session. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0 and 1 abstention by Mr. Fryzel.

Bid Opening:

Sale of Equipment - Mr. Austgen stated that the Proofs of Publication indicated timely notice of the Notice to Bidders for the Sale of Equipment on March 1st and March 8th in both The Times and the Post-Tribune.

Mr. Austgen opened and read the following Bids:

  1. Calvin Vickery for the 1998 Chevy Pickup, $1,500.00 and the 1996 GMC Dump Truck, $1,500.00, bid bond is present.
  2. Mr. Gabe Hernandez for the Red 1985 Suburban $500.00, bid bond is present
  3. Mr. Jorge Perez bid for 1998 Chevy Pickup is voided (requested by Mr. Perez)
  4. Mr. Jorge Perez bid for 1996 Dump Truck is voided (requested by Mr. Perez)
  5. Mr. Jorge Perez $4,099 for the 1998 Chevy, bid bond is present
  6. Mr. Pete Monix, $2,005.99 for the 1995 Chevy Suburban and paid for it in full and included the bid bond
  7. Mr. Jack Uylaki, $400.00 for the Suburban, $2,800.00 for the Chevy Pickup and $400.00 for the GMC dump truck, bid bond is present for the total amount of bid
  8. Custom Auto Sales, 1996 GMC is $1,006.00, bid bond is present
Mr. Fryzel motioned to consider to award to the highest and most responsive bidder. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

New Business

Resolution #10-03-25, a resolution providing additional appropriations of Ambulance Capital Fund –
Ms. Sury stated that the appropriation is not there to pay the full amount needed for the purchase of the new ambulance so they need to get the appropriation increased through this process. Mr. Fryzel motioned to adopt Resolution #10-03-25. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.
Consider Acceptance of Deed for Well Site No 4 (previously approved by the Waterworks District Board) –
Mr. Forbes stated that this is a finalization of some border issues to clarify an easement out by the Shrine; it’s a land swap to clarify the easement. Mr. Forbes motioned to accept the recommendation of the Water District to enter into the agreement for the land swap by the Shrine. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.
Consider replacement Letter of Credit for Three Springs – Phase 2 in the amount of $494,005.60 (favorable recommendation from Plan Commission) -
Mr. Fryzel motioned to accept the Letter of Credit in the amount of $494,005.60. Seconded by Mr. Forbes. Motion passed with a vote of 4-0.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff
Mr. Sobek stated that they are having a big Easter Egg Hunt this Saturday; they have close to 400 kids signed up. The summer program is being planned and will be out the end of April or the beginning of May.

Chief Frego read the February Activity Report for the Police Department. Chief Willman read the Activity Report for the month of February for the Fire Department.

Mr. Kil stated that he contacted the Census Bureau and the Town of St. John has the highest response rate in the county so far. Mr. Forbes inquired on the status of the easements of the Knabenhans property. Mr. Kil stated that the payments for the two easements are on the docket tonight, when payment is approved he will contact Mr. Knabenhans and that the project needs to be done by June.

Payment of Bills for the Corporation

(APV’s #7349 - #7508 in the amount of $847,056.99) – Mr. Forbes motioned to authorize the payment of bills in the amount of $847,056.99. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.

Public Comment

Mr. W. Machnikowski, 10377 Birchbrook Drive – stated that he wanted to thank the Council; Fritz from Oltoff came to his house today and looked things over. He showed him the original plan for drainage and Mr. Oltoff said he would do the best he can.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:28 P.M.

Mr. Barenie announced they had final totals of the bids ready. Ms. Sury read the following award amounts for the Sale of Equipment:
1998 Chevrolet, Mr. Jorge Perez $4,099.00
1996 Dump Truck, Mr. Vickery $1,500.00
1985 Chevy Suburban, Mr. Monix, $2,005.99

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

04-08-2010 Town Council

April 8, 2010 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 7:05 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: 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.

Bid Opening – Community Development Block Grant (CDBG) Project

Mr. Austgen confirmed that the Proofs of Publication are in order. He stated that the Post Tribune and The Times newspaper Proofs of Publication are in evidence; timely publication two times in each, and in the time and manner required by law.

Mr. Austgen opened and read the following bids. (Exhibit A Attached)

Mr. Fryzel motioned to take all the bids under advisement. Seconded by Ms.Teibel. Motion unanimously passed.

New Business

Mr. Barenie asked to defer the next two items until the next meeting in two weeks. Ms. Teibel motioned to defer the next two items to the next Town Council meeting in two weeks. Seconded by Mr. Fryzel. Motion unanimously passed.

Consider renewal of Town’s Property and Casualty Insurance – Deferred, see above motion.

Consider authorization of Allied Waste contract, extension of Year Four (4) option – Deferred, see above motion.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff
Chief Frego – Stated that he spoke with Mr. Mulligan in Lake Hills regarding a law that was passed in 2009 about golf carts. He stated that this is a home rule decision for communities and he does not recommend an ordinance be adopted.

Public Comment

Al Konieczka, 12548 West 101st Place – Stated that he is at the meeting as a member of the St. John Lions Club. They would like to put up mile markers on the bike path with the Lions Club logo, would work with the Boy Scouts to do the labor and would like to work with the Town to design the logo. Mr. Austgen suggested that Mr. Kil review the grant documentation to ensure they are working within the guidelines of the grant. Discussion ensued and that Mr. Kil will work on the details with Mr. Konieczka.

Adjournment -

Mr. Forbes motioned to adjourn the meeting. Seconded by Ms. Teibel. Motion unanimously passed. Meeting adjourned at 7:27 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

04-22-2010 Town Council

April 22, 2010 Town Council Meeting Minutes

(Note: This meeting followed the Redevelopment Commission Meeting which met at 7:00 P.M.)

Mr. Barenie called the meeting to order at 7:17 P.M. The following members were 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 and Chip Sobek, Parks Superintendent.

Approval of minutes: March 11, 2010 Regular Meeting; March 25, 2010 Executive Session and March 25, 2010 Regular Meeting -

Mr. Fryzel motioned to approve the minutes of the March 11, 2010, Regular Meeting, the March 25, 2010, Executive Session and the March 25, 2010, Regular Meeting. Seconded by Mr. Forbes. Motion unanimously passed.

Bid Opening – Storm Sewer Installation at the Norfolk Southern and CSX Railroad crossing on Joliet Street

Mr. Austgen stated that the Proofs of Publication of Notice to Bidders indicate timely publication two times in the Northwest Indiana Times on March 25th and April 1st as well as in the Post Tribune on the same dates. Verification is the affidavit, is in conformance with law and the publications have been properly made.

Mr. Austgen opened and read the following bids. (Exhibit A Attached)

Mr. Fryzel motioned to take the bids under advisement. Seconded by Mr. Forbes. Motion unanimously passed.

New Business

Community Development Block Grant (CDBG) project bid award -
Mr. Forbes motioned to award the bid to DeBoer Egolf Corporation in the amount of $47,022.00. Seconded by Mr. Fryzel. Motion unanimously passed.
Consider renewal of the Town’s Property and Casualty Insurance –
Mr. Kil stated that their current premium is $119,621.00; the renewal came in at $115,115.00; they are going to realize an annual savings of $4,506.00 with their current carrier. Mr. Forbes motioned to authorize the renewal of the Property and Casualty Insurance. Seconded by Ms. Teibel. Motion unanimously passed.
Consider authorization of Allied Waste contract, extension of Year Four (4) Option –
Mr. Kil stated that Mr. Jim Metros with Allied Waste was there to discuss the extension. Allied Waste has merged with Republic and are now called Republic Services. Mr. Metros stated that they could hold the Town’s rate at $15.82 for the current year. There would be no increase until May, 2011; typically they figure a 5% increase per year to cover fuel increases. Because prices are starting to stabilize they can propose a rate increase of 4% per year for the next three years. They are not asking for a fuel escalator clause. They would like to add a clause that if fuel would raise over $4.00 in years two, three and four, they would like to open up and renegotiate the contract, there would be no obligation to do this. Mr. Metros approved a one month extension of the existing contract to give the Council time to discuss the new proposal. Mr. Fryzel motioned to accept the one month extension at the current price of $15.82 and to authorize this matter to be placed on the next Town Council agenda in May. Seconded by Ms. Teibel. Motion unanimously passed.
Consider renewal for Employee Health Insurance –
Mr. Kil introduced Karla Cohen with the Braman Agency who is the Town’s current Insurance Agent for property and casualty as well as the Town’s health care insurance. He stated that after researching different options including the IACT Medical Trust. They came up with two choices: a PPO option and a HSA option. The PPO option would raise their rate 8%, the renewal came in at 24.5%, they did get some relief, but it still came in at 21.5%. Mr. Kil added that it is important for everyone to realize that the Town went from an annual premium of $576,283.00 to $700,183.00 which is basically a $126,900 increase in one year. It doesn’t seem feasible that the Town could absorb an increase like that. The HSA would be a 4.4% increase.

Ms. Cohen then gave an overview of the two plans as well as a flex plan where the money goes into a medical spending account for the calendar year.

Mr. Kil recommended to the Town Council that the Town retain their current provider, United Health Care, and that they offer two plan designs to the Town Employees. The first a PPO, option F41, which is a balance PPO; which is an increase of 8% over their current premium. The second is an HSA Plan which is an increase of 4.4% along with that is the option of a Flexible Spending Account.

Mr. Volk motioned to accept the Town Managers recommendation. Seconded by Mr. Forbes. Motion unanimously passed.

Consider Ordinance #1509, an ordinance regarding the Fee Structure for Temporary Turn-Off / Turn-On for customers of the municipal water utility (favorable recommendation from Waterworks District Board) –
Mr. Austgen stated that a fee is being established and validated by Ordinance by the consideration the Council is making this evening. The Water Board met and reviewed the procedures related to temporary turn ons and turn offs of service and ultimately did a cost basis analysis. That cost base analysis is referenced in the body of the Ordinance and attachment of verification of same is made to the Ordinance. This Ordinance meets the requirements of law for the Council’s consideration if they are so inclined.

Mr. Forbes motioned to consider Ordinance #1509 on first reading. Seconded by Ms. Teibel. Motion unanimously passed.

Mr. Forbes motioned to adopt Ordinance #1509. Seconded by Ms. Teibel. Motion unanimously passed.

Resolution #10-04-22, a resolution for additional appropriations of the St. John Farmers Market Fund -
Ms. Teibel motioned to adopt Resolution #10-04-22. Seconded by Mr. Forbes. Motion unanimously passed.
Resolution #10-04-22A, a resolution authorizing a Temporary Transfer and Loan of Funds -
Mr. Forbes motioned to adopt Resolution #10-04-22A. Seconded by Ms. Teibel. Motion unanimously passed.
Resolution #10-04-22B, a resolution authorizing and approving entry into a Joint Interlocal Cooperation Agreement with the Town of Schererville -
Mr. Forbes stated that this is the result of efforts by himself and Mr. Barenie. It is an agreement to trade off and use each other’s Building Inspectors. This has been done in the past; it’s just now a formal agreement. It’s documentation to let everyone know where the Inspector is, what they are doing and if one Town uses the Inspector more than the other Town by the end of the year, there is an equalizer where the other party would pay the dollar amount associated with that individual’s work. Mr. Forbes motioned to adopt Resolution #10-04-22B. Seconded by Mr. Volk. Motion unanimously passed. Mr. Austgen stated that the Town has received a copy of the counter approved resolution and counter signed Joint Interlocal Agreement. So, upon the Council’s processing of signatures, the recordation of the Agreement may be made and formalized.

Reports & Correspondence

Town Council
Mr. Fryzel stated that the roadway on Park Drive at the Gates of St. John has not been repaired. This was discussed a month ago that the road needs to be repaired and it has not yet been repaired. Discussion ensued and Mr. Kil will drive down the road tomorrow and check it out so it can be fixed.
Clerk-Treasurer –
None
Staff
Mr. Sobek stated that they are getting ready for the summer programs; the brochures should go out the early part of May.

Chief Frego read the March Report for the Police Department. He added that they received the shipment of the laptops they received from the grant and mentioned that the department has outdated vests; they are looking at grants to offset the cost of purchasing new vests.

Chief Willman read the March Report for the Fire Department.

Mr. Kil reported the following:

  • The last day to sign up for the garage sale is April 27th.
  • Farmers Market begins the following Sunday and runs May through October.
  • Roads have been identified that need patchwork and would like authorization for Robinson Engineering to prepare a brief set of specs and then go out for bids. The bids will come in at a unit cost by location of the repair so adjustments can be based on available funds. Mr. Forbes motioned to authorize Mr. Kil to get the bid specs from Robinson Engineering and authorize him to then go out for bids. Seconded by Mr. Volk. Motion unanimously passed.
  • Mr. Rainwater donated a parcel of property right off of Oakwood and Patterson to the Town for a park. Mr. Rainwater has asked Mr. Kil over the last couple of years to put equipment up at the park. They put up a slide, some benches, and things like that. The Town has not had the means to put up new playground equipment. Mr. Rainwater would like to donate $23,000 to the Town for the purchase of equipment for that Park. The Town would still be responsible for the installation, the wood carpet and the kid timbers to enclose the site. Mr. Sobek has taken this to the Park Board and has found the equipment he would like and it would cost close to $23,000. Mr. Austgen stated that the Town needs the get the donation from Mr. Rainwater before they can order the equipment. Mr. Fryzel motioned to accept the donation. Seconded by Ms. Teibel. Motion unanimously passed.
  • The map supplied by the Election Board for the upcoming election does not include portions of the Town that were lawfully annexed. The residents of the annexed areas need to go to their previous polling places. The State Election Board did not address these matters in time for the election. The majority of the residents involved live in Tiburon; and have not been advised of where to vote and that they need to identify themselves as St. John residents. A door hanger flyer will be distributed to the residents by the Town in these areas that will provide direction on the voting location.

Mr. Forbes suggested that the Town Council send a letter to Mr. Rainwater and present him with a plaque thanking him for donating the land for the Park and the playground equipment.

Payment of Bills for the Corporation –

APV’s #7509 - #7665 for $915,836.76 - Mr. Forbes motioned to authorize payment of bills for the Corporation in the amount of $915,836.76. Seconded by Ms. Teibel. Motion unanimously passed.

Public Comment

Tim Foley, 11245 West 80th Court – Referenced the agreement with Schererville regarding the building inspections, asked who discussed the agreement with Schererville, asked for the qualifications of the Schererville Inspector and that of the individual doing the inspections presently for the town. Mr. Austgen interjected that this is not the time or the place to have this discussion and that this discussion not be on the public record.

Adjournment –

Ms. Teibel motioned to adjourn the meeting. Seconded by Mr. Fryzel. Motion unanimously passed. Meeting adjourned at 8:29 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

05-27-2010 Town Council

May 27, 2010 Town Council Meeting Minutes

(Tape Recording Machine Inoperative) 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; 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 Jerri Teibel, Town Council Member.

Dedication Ceremony: Mr. William Tuley – Memorial Plaque –

Mr. Barenie referenced the ceremony that took place at Larimer Park prior to the meeting, read the inscription on the plaque that was presented, and offered words of appreciation for Mr. Tuley. Mr. Austgen provided a brief synopsis of Mr. Tuley’s life and tireless contributions to the town.

Approval of minutes: April 8, 2010 Regular Meeting, April 22, 2010 Executive Session, and April 22, 2010 Regular Meeting –

Mr. Forbes motioned to approve the minutes of the April 8, 2010 Regular Meeting; the April 22, 2010 Executive Session and the April 22, 2010 Regular Meeting. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

Bid Opening – 2010 Pavement Patching Program

Proofs of Publication - Mr. Austgen stated that the Proofs of Publication were in order with timely publication two times on May 10th and May 17th in The Times and in the Post Tribune.

Opening of Bids – Mr. Austgen opened the bids, Exhibit A.

Mr. Fryzel motioned to take the bids under advisement. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

New Business

Bid award for the Joliet Street Storm Sewer and Water Main Project at the Norfolk Southern and CSX Railroads –
Mr. Forbes motioned to award the bid to B&D Sewer, the lowest responsive and responsible bidder, in an amount not to exceed $196,382.00. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.
Consider authorization of Allied Waste contract, extension of Year Four option –
Mr. Austgen stated that two years ago, bids were solicited through the public bidding process, the contract was awarded to Allied (now Republic) that included the contract length with extensions and terms. He stated that based on the current proposed extension on maintaining the current price per household, the service provided and given that this process has met the requirements of law, that he recommends acceptance of the contract and that a letter agreement is needed to be executed to be appended to the contract. Mr. Fryzel motioned to approve the extension of the Year Four option of the Allied Waste (Republic) contract. Seconded by Mr. Forbes. Motion passed with a vote of 4 – 0. Mr. Austgen stated for the record, that there will be no increase to the residents by accepting the extension of the Year Four option.
Municipal Separate Storm Water System (MS4) Agreement with the Northwestern Indiana Regional Planning Commission –
Mr. Fryzel motioned to ratify the Request to Purchase for Public Education / Outreach Phase II, Public Participation / Involvement Phase II in an amount not to exceed $4,595.50. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.
Appointment to St. John Park Board –
Mr. Forbes motioned to appoint Beth Hernandez to the St. John Park Board. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0 and one abstention by Mr. Fryzel.
Resolution #10-05-27, additional appropriation – Park Impact Fees –
Mr. Kil explained the amount of the additional appropriation in the amount of $45,000.00, the remainder needed for the total purchase of equipment at the parks of Sun Meadows and Rainwater. He stated that the donation from Mr. Rainwater in the amount of $23,000.00 was received for the equipment at Rainwater Park and reduced the funds needed for the two parks. Mr. Fryzel motioned to adopt Resolution #10-5-27. Seconded by Mr. Forbes. Motion passed with a vote of 4-0.
Consider Ordinance #1515, an ordinance amending the Master Zoning Ordinance, adding Section T to Chapter 11 (Special Regulations) for Electric-Generating Wind Devices (Favorable recommendation from Plan Commission) –
Mr. Volk stated that the Plan Commission has been working on this issue and an amendment for this because the wind devices were not addressed in the ordinance. They studied all the devices and wanted to make sure that the neighbors would not be impacted by these devices. Discussion ensued. Mr. Volk motioned to accept Ordinance #1515. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.
Consider Variance of Use request (Standard Lumber / Cook Builders) for 9625 Wicker Avenue (No recommendation from Board of Zoning Appeals) –
Mr. Volk gave an overview of the request for a temporary variance to allow storage rental at the back of the property and sales of sheds in front of the property on US #41. Mr. Buchanan addressed the Council and explained how this would generate income for him allowing him to maintain paying his property taxes. Discussion ensued and the council members agreed that this variance is not in keeping with the comprehensive plan for the Town. Mr. Forbes motioned to deny the request for variance. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.
Participation in the Multi-Hazard Mitigation Plan –
Mr. Kil stated that Jason worked on this plan, Lake County is preparing the rough draft, and a resolution regarding participation will be prepared by Mr. Austgen when they submit the plan.
Status Report and new procedure outline to track development Letters of Credit –
Mr. Kil explained the procedure to be initiated that the letters of credit will be tracked electronically.
Consider Ordinance #1516, an ordinance providing for a “Catch and Release” policy for town water bodies –
Mr. Kil stated that many residents are concerned and referenced the DNR analysis that was done. Discussion ensued. Mr. Forbes motioned to authorize the Town Attorney to provide an ordinance. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.
Consider Ordinance #1517, an ordinance providing for employee “Flex Med” accounts through insurance carrier –
Mr. Fryzel motioned to approve Ordinance #1517 on first reading. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Mr. Fryzel motioned to adopt Ordinance #1517. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Consider special use variance from T & D Produce for Produce Stand (Unfavorable recommendation from Board of Zoning Appeals) –
Mr. Volk stated that the applicant would like to operate the stand on a used car lot on Route 41 from June through November, 7 days a week. Mr. Kil added that with the traffic and parking this is not a conducive site. Discussion ensued. Mr. Forbes motioned to deny the special use variance for T & D Produce. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0. Mr. Forbes motioned to amend the motion to incorporate the findings as stated by Mr. Kil. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.
Consider special exception variance from Kevin Baradziej for Sport Court (Unfavorable recommendation from Board of Zoning Appeals) –
Mr. Kil gave an overview of the request for the variance and noted the discussions that took place with Mr. Baradziej for the sport court including the size, drainage and lighting issues. He stated that there are concerns as referenced by the five letters of remonstrance that had been received. Discussion ensued. Mr. Forbes motioned to table this item until the June 10th meeting. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.
Request for take-home vehicle for Water Operator (Request made from Utility Board President) –
Mr. Kil stated that this request was made because of the new water treatment plant and that response time in an emergency would be faster if the water operator was able to use a take-home town vehicle . Discussion ensued; the vehicle will only be used for business, it will be an emergency response vehicle, all use is work related and the Town Manager will send a letter to the water operator outlining these provisions. Mr. Fryzel motioned to approve the request for a take-home vehicle. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.
Consider request from the St. John Chamber of Commerce regarding banners to promote businesses –
Mr. Kil referenced the e-mail he sent for feedback on the two different designs and stated that nothing has been purchased, this item will be deferred.
Consider banners to promote and identify the Town of St. John as “Top 50 Places to Live” –
Discussion ensued that included the above request from the St. John Chamber of Commerce as to the artwork and design of the banners and where the banners would be placed (in business areas only, no residential areas or in front of Town Hall). Mr. Kil stated that the Town would install the banners, that there would be no cost for the brackets and he would have the art work done and present it to the Council for consideration.

Reports & Correspondence

Town Council
Clerk-Treasurer –
Ms. Sury stated that she had a request for a refund from the Treehouse Experience, due to an unforeseen matter for the Farmers Market and they are not able to participate in the event. Mr. Forbes motioned to refund Treehouse Experience $100.00 for their Farmer’s Market deposit. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Staff
Mr. Sobek thanked the Lake Hills residents for clean up at the park last week. He stated that the concerts in the Park will be back this summer and volleyball will start next Wednesday, 250 people have signed up.

Chief Frego read the April Monthly Report. He stated that they received the laptop computers, they are installed and operational and the desktops are now getting installed. Mr. Forbes thanked the Chief for their assistance with the traffic during the Joliet Street Project.

Chief Willman read the April Monthly Report for the Fire Department. He also stated that the St. John Fire Volunteer Fire Department is 100 years old; there will be a celebration in the Fall. Mr. Forbes thanked the Fire Department for their involvement in the Egg Drop.

Mr. Kil reported on the 2010 Election / Voting Issues. He stated that Mr. Austgen has sent a letter and there has been no response yet and that he and Mr. Austgen will proceed on this issue and will go to the State if necessary; however they first must go through the chain of command which is the County Election Board.

Mr. Kil stated that employee safety training for the Public Works Department has stepped up, roadway safety and trench safety materials have been ordered and training will be documented.

Payment of Bills for the Corporation

APV’s #7666 - #7885 for $965,892.04 – Mr. Kil asked that a check be approved payable to Ryan Stroh in the amount of $420.00 subject to receipt of his W-9. The engraved stone he made was put in place at Larimer Park to honor Mr. Tuley for the ceremony that took place prior to tonight’s meeting. Mr. Forbes motioned to approve payment of $420.00 subject to receipt of his W-9. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.

Mr. Forbes motioned to approve payment of APV’s #7666 - #7885 for $965,892.04 for the Corporation. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.

Public Comment

Eileen Butcher, 10043 Olcott – thanked the Fire Department, Parks Department and Public Works. She stated that about half the lights in the parking lot are out, it is a safety issue and referenced an incident a few weeks ago. Discussion ensued, Mr. Forbes stated that they will look into this; there are alternative sources of lighting such as high pressure sodium.

Ms. Butcher also referenced her request for a liquor license and that the Sky Town Shooters Hockey team would like liquor available on game days. She stated that people are leaving because liquor is not available, there are about 500 – 600 fans that come out, the games last 2-3 hours and the liquor would be only served during the games.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0. Meeting adjourned at 8:29 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

06-10-2010 Town Council

June 10, 2010 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; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance was Fred Frego, Police Chief and Fred Willman, Fire Chief. Absent was Chip Sobek, Parks Superintendent.

New Business

Consider Bid Award for 2010 Pavement Patching Program –

Mr. Fryzel motioned to award the bid to Reith-Riley in the amount of $131,041.62 as the lowest most responsive and responsible bidder. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.
Consider Special Exception Request from Mr. Kevin Baradziej, who resides at 9480 Julia Drive, for the construction of a Sport Court –
Mr. Barenie stated that he does not understand why this is here; he went through the letters and the highlights of the letters were about noise. He stated that there were not going to be any lights put in and that the letters also talked about cars and congestion in the street. Mr. Barenie stated that the children he saw come with their parents into the meeting room were eight and nine years old. He addressed the issue of property values and stated that all the homes that had additions to their property like swimming pools are always more expensive because they add property values to their homes. Mr. Barenie stated that St. John is a community of families not a retirement community. He stated that he went through Bramblewood and there are 52 basketball hoops or pools. Same parking dilemma, same noise dilemma. There are probably another 50 that have jungle gyms and swing sets. All these are great things for kids to play with and enjoy. He is surprised they are at this point.

Mr. Fryzel stated that he agrees 100% with what Mr. Barenie said. He stated that one of the goals when they (he and Mr. Barenie) took office was to get St. John to a family community and keep it a family community. There are kids everywhere and the Parks Department is oriented towards kids. They are looking at a basketball hoop here; it makes no sense to him.

Mr. Volk stated that the problem with this particular request is that six or seven letters came in. Mr. Barenie stated that three letters came from one home. There was only one letter in support. A member of the audience stated that she lives next door and supports the homeowner. Ms. Amy Bogenrief, 9505 Genevieve Drive stated that she lives behind the homeowner and stated that she is in favor of the homeowner; the hoops in the front of a house are not safe and the parents of the neighborhood children look out for each other’s children.

Mr. Volk added that if there were no letters of opposition, they would not have to discuss this matter. The lights were discussed at the BZA level and there will be no lights.

Two audience members entered into a discussion with each other about drainage problems in this neighborhood. An unidentified audience member stated that the Homeowner’s Association in not in favor of this construction. Mr. Kil stated that the homeowner is going to build at grade so it will not affect the drainage with the site plan reviewed prior to the issuance of the permit.

Mr. Forbes motioned to approve the installation of the Sports Court at 9480 Julia Drive and not accept the recommendation of the BZA (Board of Zoning Appeals). Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.

Resolution #10-06-10, a resolution authorizing entry into a Joint Interlocal Cooperative Agreement with the Lake County Drainage Board (Hart Street culvert replacement) –
Mr. Volk stated that about six months ago he received some complaints from residents that live on the north side of 101st and east of Hart that the water levels back up into the wetlands behind their homes and that water level has been increasing over the last year or two. Mr. Kil and Mr. Faberbock looked at it and there is a culvert that has problems. The Lake County Drainage Board looked at it and agreed to do the project and split the cost with the Town. It is estimated at $75,000 and half of that would be the Town’s responsibility. Mr. Kil stated that the cost in the agreement is in the high end; Mr. Faberbock’s estimate of the total cost was under $40,000. Mr. Kil said this is a very easy project to construct because you isolate the road, there aren’t any traffic concerns, and they can just go out and get it done. The bids are due on the 16th and they want to get on this right away. Mr. Volk motioned to adopt Resolution #10-06-10 a Joint Interlocal Cooperative Agreement with the Lake County Drainage Board for the Hart Street culvert replacement, a 50/50 share with the funding coming from the Cumulative Sewer Fund. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council
Mr. Volk referred to the problem that they were having about residents putting out their trash too early and since the notice was posted on the water bills, he has not seen anyone out of compliance lately and the complaints have stopped.

Mr. Forbes stated that he was contacted by the Haunted House consultant. They would like to get in there and start working and suggested that they look at the contract again for the council’s next meeting. Mr. Barenie asked Mr. Austgen about insurance coverage if the consultant goes into the Haunted House before the contracts are completed. Mr. Austgen stated that they would be covered by the comprehensive insurance/general liability so they can give permission and authorize inspection. He does not recommend they permit or authorize the commencement of improvements. He mentioned that the condition of the house was a concern of the Council last year and a comprehensive inspection was done last year by the Fire Chief and another individual. Mr. Austgen suggested that they bring in an outside consultant as well.

Clerk-Treasurer –
None
Staff
Mr. Kil stated that they received $1,325.00 in CMAQ grant funds for bicycle racks and they need to execute a contract for final approval. Mr. Fryzel motioned to authorize the Town Council President to execute the contract with the State for the $1,325.00 in CMAQ funds for bicycle racks. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Mr. Kil also referenced a change order in the packets from Gary Cole, the Project Manager, for the Joliet Street storm sewer project. He stated that with Stimulus Funds changes above and beyond the original contract is borne by the LPA (local public agency) meaning the Town. Discussion ensued. The Council decided to defer to the next Council meeting.

Public Comment

Mr. John Berenc, 13985 West 94th Court – stated that he is not moving to Florida and he is a senior citizen. Discussion ensued. Mr. Barenie apologized to Mr. Berenc for any misunderstanding of his comment. Mr. Berenc stated that they passed an ordinance regarding this and asked why they aren’t they enforcing it?

Adjournment –

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

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

06-24-2010 Town Council

June 24, 2010 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; 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.

Commendation Ceremony –

Chief’s Frego and Willman presented plaques to Officers Eric Andersen and Brett Sidenbender. Chief Willman stated that they performed CPR on a 70 year old man whose vehicle was in a ditch following a two car accident. The man was not expected to live and survived because of their efforts. The officer’s were recognized for their efforts.

Approval of the minutes: May 20, 2010 Executive Session, May 27, 2010 Executive Session, and May 27, 2010 Regular Meeting -

Mr. Fryzel motioned to approve the minutes of the May 20, 2010 Executive Session, the May 27, 2010 Executive Session and the May 27, 2010 Regular Meeting. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

New Business

Consider Ordinance #1516, an ordinance providing for a “Catch and Release” policy for town water bodies -
Mr. Fryzel motioned to consider Ordinance #1516 on first reading. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Mr. Fryzel motioned to adopt Ordinance #1516. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0. Discussion ensued regarding the posting of signs and the time table. Mr. Forbes stated that this ordinance was requested by several residents and will be easily enforced.

Consider Change Order No. One (1) for the Joliet Street Storm Sewer Project in the amount of $24,194.11 –
Mr. Kil stated that this is because they must lower the storm sewer and with stimulus funds the local public agency pays for anything outside of the original agreement. Mr. Austgen stated that he reviewed the change order with Mr. Kil and it is the requirements of law and INDOT procedures so it is properly before the Council. Mr. Forbes motioned to authorize payment of the change order in the amount of $24,194.11. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.
Consider Consultants Contract for the operation of the Haunted House –
Mr. Forbes stated that he has been contacted by the consultants, the Forysteks’. He is aware the Council does not have an actual hard copy contract in their packet. It is the same contract as last year but he would like to make a couple of modifications to it. The first proposal is to increase the payment to the consultants from $5,000 to $6,000 and at the same time remove the percentage clause language so they would receive a flat rate for the year. The other changes were ministerial. Discussion ensued. Mr. Forbes motioned to authorize the Town Council President to sign the contract with the consultants for the Haunted House. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council
Mr. Barenie stated that there is a vacancy on the Town Council for Ward 2. He read a statement that the Town Council issued, a press release notice inviting residents of Ward 2 interested in the vacant Ward 2 Town Council position to submit letters of interest with information regarding qualifications and background. Under Indiana law the present Town Council will act in a public meeting to select the replacement for the Independent Citizen Party individual, Jerri Teibel, who resigned her Town Council position on June 3, 2010.

Mr. Barenie stated that the following Ward 2 residents have submitted a letter of interest with credentials and they are listed in order of receipt: Janet M. Brennan, Tom Busch, Kenneth Gembala, John Mainwaring, Bill Gnerlick, Paul M. Haluska, Mary Ann Koke, Joseph M. Hero, John Corbett and Joseph Gomeztagle. He stated that the Town Council will meet in special public meeting next Friday, July 2, 2010 at 6:00 P.M. to consider and make the Ward 2 council position replacement. Mr. Barenie stated that it will be in a public meeting and that the timing of this meeting has been scheduled as required by the proper statutes. He stated that we expect to act consistent with the guidelines and requirements and also look forward to working as a fully constituted legislative body.

Clerk-Treasurer
Ms. Sury referenced the upcoming agenda item, payment of bills, and stated that APV #8058 is a refund for the Farmer’s Market; it is on the docket and needs to be voided and reissued for the correct amount of $125.00 along with the correct vendor name (making the total difference of $75.00 to be added). She also stated that a resident requested a refund for a brick and this item is not on the docket in the amount of $50.00. The third item is to pay the Town’s portion of the Interlocal Agreement for the St. John Ditch Emergency Culvert Replacement (50/50 split) which is $17,330.50; this item is not on the docket and needs to be added.

Ms. Sury referenced the second docket containing only APV#8125 for the new ambulance in the amount of $125,502.00 that needed approval. She explained the numbering sequence that checks were paid after the close of the docket and the ambulance bill came in, needed to be paid for upon delivery and the expenditure approved at this meeting.

Staff
Mr. Kil stated that the Hart Street culvert project will probably come in at half of the projected project cost of $75,000.00.

Mr. Sobek stated that the summer programs are going good and the new park and the replacement park in Sun Meadows and Rainwater will be done sometime in July.

Chief Willman gave the Monthly Activity Report for the Fire Department for the month of May. Mr. Barenie asked Chief Willman if he could give the number of cumulative calls of the new area they are covering in the St. John Township area.

Chief Frego gave the Monthly Activity Report for the Police Department for the month of May. He added that August 3rd they will be having their 3rd Annual National Nite Out Against Crime, this year it will be held at Civic Park, he feels there is more parking available and there is more space available as it is getting bigger every year.

Payment of Bills for the Corporation

APV’s #7886 - #8081 for $1,294,633.66 minus the voided APV #8058 in the amount of $50.00, plus a $125.00 refund for a new total of $1,294,708.66; add the additional $50.00 for the brick refund; the $17,330.50 for the St. John Ditch Project AND APV #8125 for the new ambulance in the amount of $125,502.00 - Mr. Fryzel motioned to approve APV’s #7886 - #8081 in the amount of $1,294.708.66 that includes the extra $75.00 for the Farmer’s Market refund, and add the $50.00 refund to the lady for the brick, plus add APV #8125 for the payment for ambulance for $125,502.00 and add $17,330.50 for the Hart Street project. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Public Comment

Ms. Janet Brennan, 10151 Delmar Street – asked for the entire budget amount for the Haunted House. Mr. Forbes stated that it is a work in progress. She asked what the funds were from last year. Mr. Kil stated that it is almost $47,000. She also mentioned that every year the kids have been promised a party but they have never been given one. Mr. Forbes stated that every time he has tried to schedule one, he has been shot down, due to availability. Discussion ensued regarding a party being held at the commencement of the Haunted House this year. Ms. Brennan suggested that instead of a party they may want to give them a Dairy Queen card or something of that nature because many of the kids that have volunteered are now out of high school.

Adjournment -

Mr. Fryzel motioned to adjourn the meeting. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:25 P.M.

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

07-02-2010 Town Council

July 2, 2010 Town Council Meeting Minutes

(Tape recording partially inaudible)

Mr. Barenie called the meeting to order at 6:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Mark Barenie, Member; Michael Forbes, Member; 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 and Fred Willman, Fire Chief. Absent was Chip Sobek, Parks Superintendent.

New Business

Mid-Year Financial Report –
Mr. Barenie stated that he has been looking forward to this report for two years; the town has made great progress, and is pleased with the outstanding efforts of our staff. He referenced the salary freeze; increased health insurance costs paid by the employees, and cited examples of how the employees are doing well with less. Mr. Barenie mentioned that we did not have to go into debt, explained the internal borrowing of funds, the loan from the Wastewater Utility with repayment through PILT and that we have increased our bond rating over the past eighteen months. He referenced the budget meeting of November 2008 and the challenges ahead; revenues were estimated at $4.2M and expenses were estimated at $5.9M, with a deficit of $1.7M going into 2009. Mr. Barenie referenced the types of tough decisions that were made regarding reductions and programs. He stated that we have become more efficient as an enterprise. For 18 straight months we have been able to reduce our monthly expenses. In the year 2008, our actual expenses were $5.7M and in 2009 they were $4.7M and in 2010 after six months as of July 30th, our forecast based on the 2010 six months that we have already had, and the six months that we estimate will be close to $4.3M. Basically, the gap has been closed with a reduction of 26% in operating expenses over a course of 18 months.

Mr. Barenie stated that the revenues for this year are tied a lot to the State and a lot of that is non negotiable but we also have miscellaneous revenues that are holding the line; we are at 80% of our budget. Public Safety Services have not been compromised. Based on this information provided that is current, we have recognized some savings in our budget in areas and would like to make a motion to approve an ordinance that will be handed out. Mr. Barenie summarized the five page ordinance and stated that he would like to recommend that this ordinance be passed giving the full time employees a spot $600 bonus and part time employees a $300 bonus payable in the next payroll cycle. Mr. Forbes, Mr. Volk and Mr. Fryzel each thanked the town employee’s efforts and reiterated their appreciation of the town employee’s hard work and effort. Mr. Austgen read Ordinance #1518 amending the salary ordinance to include the special bonus compensation.

Mr. Fryzel motioned to amend the agenda to add the consideration of Ordinance #1518. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Mr. Forbes motioned to consider Ordinance #1518 on first reading. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0 and one abstention by Mr. Fryzel.

Mr. Forbes motioned to adopt Ordinance #1518. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0 and one abstention by Mr. Fryzel.

Plan Commission member appointment (to fill term of Dan Morang – expires 12-31-2013) –
Mr. Volk stated that this is to fill the term of Mr. Dan Morang who recently resigned from the Plan Commission. Mr. Volk nominated Mr. Steve Kozel, a long time resident of the town to complete the term of Mr. Morang. This Board is required to have a balanced political representation; Mr. Kozel is a Democratic which would ensure the required balance of representation. Mr. Volk motioned to appoint Mr. Steve Kozel, 11435 97th Lane to complete the appointment of Mr. Dan Morang which expires 12-31-2013, subject to the verification of his political affiliation. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.
Consider Special Exception Variance for St. John Auto Sales of 9225 Wicker Avenue (favorable recommendation from Board of Zoning Appeals) –
Mr. Volk referenced a list of the stipulations such as cleaning up the property and providing adequate parking for all vehicles that the owner has agreed to. Discussion ensued. Mr. Volk motioned to approve the special exception for 9225 Wicker Avenue to be used as a used car lot. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0.
Consider appointment of Ward Two (2) Town Council seat –
Mr. Barenie thanked everyone for coming out. He stated that the legislative process to replace the Town Council seat is pretty flexible and Mr. Austgen concurred that the Town Council has met those requirements. He summarized the steps the Council took to fill the position and get the best qualified candidate. Mr. Barenie stated that they were fortunate to have ten candidates and applicants and many of them have met all the characteristics they were looking for. Mr. Barenie asked for a motion to appoint Mr. Ken Gembala to the Town Council and stated that he brings with him seven years of Council experience, a past president of the Council, and over three decades of community service within our town. Mr. Fryzel motioned to appoint Mr. Ken Gembala to the fill the Ward Two (2) Town Council seat. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Ms. Sury administered the oath of office to Mr. Gembala and he joined the Town Council meeting.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
Ms. Sury thanked the Council for approving the bonus and wished everyone a happy 4th of July holiday.
Staff
Chief Frego also thanked the Council for the bonus and wished everyone a happy 4th of July. He also mentioned the Night Out Against Crime will be held on August 3rd at Civic Park.

Chief Willman and Mr. Kil thanked the Council for the employee bonuses.

Public Comment

Derwin Neitzel, Plant Operator – stated that the Water Treatment Plant at the Gates of St. John is on line.

Joe Gomeztable, 9476 West Oakridge Drive – complimented the Town Council for the process they took in filling the vacancy.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Fryzel. Motion passed with a vote of 4 - 0. Meeting adjourned at 6:35 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

07-22-2010 Town Council

July 22, 2010 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 7:05 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Mark Barenie, President; Gregory Volk, Member; Ken Gembala, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance was Fred Frego, Police Chief; Fred Willman, Fire Chief and Chip Sobek, Parks Superintendent. Absent were Michael Forbes, Vice-President and Michael Fryzel, Member.

Approval of the minutes: June 2, 2010 Executive Session, June 10, 2010 Regular Meeting and June 24, 2010 Regular Meeting –

Mr. Volk motioned to approve the minutes of the June 2, 2010 Executive Session, the June 10, 2010 Regular Meeting and the June 24, 2010 Regular Meeting. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0. (Mr. Austgen stated that it would be okay for Mr. Gembala to second the motion.)

New Business

Ordinance #1519, an ordinance adopting the official Zoning Map for the Town (favorable recommendation from Plan Commission) –
Mr. Kil stated that he has the certification along with the original copy from the Plan Commission and has copied the various town departments. Mr. Gembala motioned to adopt Ordinance #1519. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Ordinance #1520, an ordinance of the Town of St. John, Lake County, Indiana authorizing the Issuance and Sale of Bonds of the Town for the purpose of funding the costs of certain road improvements and certain infrastructure improvements with the Town, together with expenses in connection with the issuance of bonds on account thereof –
Mr. Kil stated that there is interest in doing more roadwork in town. The bids for the first round of road work were the best he has seen in over a decade so they were able do a lot of roadwork for a very reasonable amount of money. Blaine and White Oak are in desperate need of repair; they can also do subdivision work and sidewalks. He referenced the bond of $1.6M along with the Bond Counsel, Barnes & Thornburg, and Financial Advisor, Cender & Company, explained the time frame of the bond payments and stated that this bond would enable to town to complete all the road work this year.

Ms. Cheryl Cribari, 9338 Olcott – asked if this bond will be an increase to the taxpayers. Mr. Kil explained that the bond would be a general obligation bond and explained the reasons for doing this now. He stated that the prices are low to enable the town to get as much of the roadwork done with the least amount of expense. Ms. Cribari asked if there would be a public hearing and Mr. Austgen confirmed the public hearing process. Mr. Barenie cited examples on the length of the bond and the percentage of increase for the terms of 10, 7 or 15 years.

Ms. Janet Brennan, 10151 Delmar Street - asked if this is part of the stimulus money and Mr. Barenie stated that is it independent. Mr. Austgen interjected that this is just the first reading and there will be a public hearing. Mr. Barenie added that many communities are doing this because the prices are so low the residents are getting more for their money. Mr. Volk motioned to consider Ordinance #1520 on first reading only. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0.

Ordinance #1521, an ordinance of the Town of St. John, Lake County, Indiana, appropriating the proceeds derived from the Sale of General Obligation bonds of the Town -
Mr. Volk motioned to consider Ordinance #1521 on first reading only. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0.
Consider approval of Letter of Credit for The Gates of St. John, Pod 14, in the amount of Three Hundred Twenty One Thousand Six Hundred Forty Nine Dollars and Forty One Cents ($321,649.41) -
Mr. Gembala motioned to accept the Letter of Credit in the amount of Three Hundred Twenty One Thousand Six Hundred Forty Nine Dollars and Forty One Cents ($321,649.41). Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Resolution #10-07-22, a resolution to write –off Un-Collectible Bad Debt –
Mr. Barenie stated that these are basically related to the Medicaid and Medicare portions that traditionally go unpaid. Mr. Volk motioned to adopt Resolution #10-07-22. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0.

Reports & Correspondence

Town Council
Mr. Volk announced that the work on the Hart Street culvert project which was a split 50/50 cost with the county was completed last week. The catch basin on Hart east of Joliet is complete which needed to be done prior to paving. Both of these projects were related to resident’s complaints about drainage problems and the residents are very pleased.

Mr. Barenie mentioned the road projects have been completed. Mr. Kil stated that School Street was not done because the festival is there and there is a tent up, it will be completed in the fall.

Clerk-Treasurer –
None
Staff
Mr. Sobek stated that four of the five concerts were held at Lake Hills, one was rained out; over 1,000 people attended this year. The playground equipment at Rainwater and Sun Meadows Parks should be completed in the next two weeks. Summer programs end next week and the fall program will come out the end of next month.

Chief Frego gave the Police Department’s Activity Report for the month of June. The Chamber of Commerce has partnered with the Police Department for the Night Out Against Crime event.

Chief Willman gave the Fire Department’s Activity Report for the month of June. He added that they have been to the township area previously covered by Dyer 16 times.

Mr. Kil stated that he sent a letter to Nick Georgiou regarding the banners for the town; they are in the process of designing the banner. He added that high pressure lights at the Ice Arena have been completed, they have changed out from the high pressure sodium and the lights have been aimed downward. In reference to the Letters of Credit, the letters have been sent out; he has a status sheet that includes the names of the contractor, the bank and the number of the certified letter that was sent out.

Mr. Kil stated that Ms. Georgene Resney passed away; she owned the Li’l Rascals Learning Center and was active in the Town and with the Chamber of Commerce.

Payment of Bills for the Corporation -

Mr. Volk motioned to approve payment of general AP’s #8082 - #8307 in the amount of $1,174,312.16 for the Corporation. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0.

Public Comment

Mr. Pete Monix, 9364 Belmont Avenue - asked if they looked into Joliet Street to grind down bumps. Mr. Kil stated that he is aware of the problem, and that Joliet Street and 93rd are part of the stimulus project, Joliet Street between Parrish and Cline is the responsibility of the development so that will not be done as part of the stimulus project. They will start at Cline and go to Blaine and start at Parrish and go to US 41 it will all be ground and resurfaced as part of the stimulus money.

Ms. Janet Brennan - asked when the details of the bond issue will be available. Mr. Austgen stated that the information can be made available; the consultants are not done because they do not have final directions from the council, the consultants do not have terms confirmed yet which they need to write the final document.

She also asked about the Ethics Committee and the violation that was found. Ms. Brennan asked if there is a list of people on the committee and if anyone has filed any complaints on the ethics ordinance. Mr. Austgen answered yes; he stated that it was handled as a personnel item. She stated that she is wondering why they are not using the ordinance if they have it in place. Mr. Austgen stated that when a personnel item is involved the ethics ordinance does not apply the personnel policies supersede it, the ethics ordinance also will not be triggered unless there is a complaint filed.

She asked if there was a budget yet for the Haunted House. Mr. Barenie stated they are working with a budget, they expect it to be the same as last year. When they get more of the work done they will have a better idea, he and Mr. Forbes discussed this and no more than $20,000; they expect it will be $17,000.

Adjournment –

Mr. Gembala motioned to adjourn the meeting. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0. Meeting adjourned at 7:40 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

08-12-2010 Town Council

August 12, 2010 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; Ken Gembala, 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.

Presentation: Donation to St. John Police Department by Mr. Fred Vincipera –

Chief Frego introduced Mr. Vincipera who was in an automobile accident in May. Officers Eric Andersen and Brett Sidenbender responded to the call and administered CPR to Mr. Vincipera and saved his life. Mr. Vincipera wanted to meet the officers and presented a monetary gift to the department in appreciation. Chief Frego stated that the money will be used for the “Christmas for Kids” gift fund.

New Business

Ordinance #1520, an ordinance of the Town of St. John, Lake County, Indiana, authorizing the Issuance and Sale of bonds of the Town for the purpose of funding the costs of certain road improvements and certain infrastructure improvements with the Town, together with expenses in connection with the issuance of bonds on account thereof -
Mr. Forbes motioned to adopt Ordinance #1520. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.
Ordinance #1521, an ordinance of the Town of St. John, Lake County, Indiana, Bond Appropriation Ordinance
Proofs of Publication - Mr. Austgen stated that the Notice of Public Hearing on the additional appropriation has been timely published in each, The Times and the Post-Tribune on July 30th and as a consequence, the public hearing has been properly advertised and the Council may conduct the public hearing.

Opening Remarks - Mr. Kil stated that this appropriation ordinance will allow the Town to pay the proceeds of the bond. He stated that the total bond issue will be $1.6 million; the projects that will contained within the bond will be the reconstruction of White Oak Avenue from 93rd to 109th and Blaine from 93rd to 101st along with various roadway patching projects that will be done throughout the town. The term of the bond has been determined to be ten years; the average impact for the property owners would be: a house with an assessed value of $150,000 the impact would be $2.94 a month; $200,000 house would be $3.92; $250,000 house would be $4.90. The monthly impact would be less than $5.00. He added that the bids are coming in with very good price estimates – they can get 30-35% more work done with today’s prices.

Open to the Public – None

Closed to the Public

Town Council Action - Mr. Forbes motioned to adopt Ordinance #1521. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.

Consider Bond Attorney Engagement Letter with Barnes & Thornburg LLP -
Mr. Forbes motioned to accept the Engagement Letter as amended and authorize the Town Council President to execute. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.
Consider Financial Engagement Letter with Cender & Company, LLC -
Mr. Gembala motioned to accept the Engagement Letter and authorize the Town Council President to execute. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.
Review and update regarding election/polling place locations for the Town –
Mr. Austgen stated that he reviewed the problem the residents of the recently annexed areas in Tiburon and Grosse Point had with not having a polling place redirected to a place within the municipal limits. He stated that it has to do with a number of factors (redistricting, processing in Indianapolis) and the Lake County Election Board is powerless to move the polling place. So for purposes of the primary election special arrangements were made to identify Town citizens who were directed to Township polling places so those citizens could fully vote on town matters that were municipal in nature. Unfortunately because of the processes that would need to be undertaken, and notably in Indianapolis with the State Election Board and given those overriding considerations that have been reported to him; it is not practical to get the change made in this election year. It is anticipated fully that in the next election year, and there are elections next year, that those folks will be identified and located and directed to polling places within this town. They want to continue to remind folks that live in those areas to note where they need to go to cast their ballots and exercise their rights. Discussion ensued about distributing door hangers again. Mr. Austgen suggested that this information be put on the Town’s website and on the utility bills.
Authorization for the payment of PILT in the amount of Seventy-Five Thousand Seven Hundred Dollars and zero cents ($75,700.00) from the Water Utility to the General Fund -
Mr. Barenie stated that this will be their second payment. Mr. Forbes motioned to authorize the payment of PILT from the Water Utility to the General Fund in the amount of $75,700.00. Seconded by Mr. Volk. Mr. Austgen asked to interject and provide a brief explanation for the public meeting minutes and the record. He stated that there was a financial report prepared by the Town’s financial advisors that reviewed the financial condition of both the water and the sanitary utilities in anticipation of assessing what the conditions were fiscally for both utilities as well as to advise whether a PILT payment could be made based upon the revenues.

That report was completed by Cender and Company in June, it was presented to the utility board, the utility board recognized and accepted those reports and it is his understanding that the Board checked off on the PILT by way of recommendation on the water side. On the sanitary side the advisors concluded that the revenues this year, under today’s revenue stream, were not yet sufficient to permit or to advise that a PILT payment be made. He stated that they are getting the water tonight and the recommendation is from Cender and Company.

Mr. Austgen stated that additionally, you don’t need to pass an ordinance, you have already done that in 2009 but the requirement of the ordinance is on an annual basis the Council would actually direct that payment by a public meeting action. So your recommendations and your ordinance permit you to do this and it is validly before you with the action you are considering. Mr. Austgen added a general explanation of the PILT. He stated that the utilities are part of the municipal umbrella, as such; they like you are tax exempt. There is a statutory provision that identifies and recognizes you’re exempt from taxation status. However, permits for purposes of funding and assistance from the utility to the General Fund of the town, because of the overlap of expenses and the nature of the expenses, permits payment in lieu of taxes to be calculated. What that means is the properties owned exclusively by the utilities are identified, assessed, and they are calculated for property taxes as though they were private and taxable. Then you receive a report about what that is and the statute permits you to make the election by ordinance to pay some or all portion of what that calculated tax amount is on an annual basis. Motion passed with a vote of 4 - 0.

Mr. Austgen stated that historically as this Council evaluated the need for a PILT payment from your utility you identified strategically the use of those funds for payment of temporary loans. The Clerk is going to need a direction from the Council by public meeting action if the Council’s intention is for this payment from the water utility for PILT is to be part of a pay down on the temporary loan, the Council should take that action in a public meeting. Discussion ensued; this action will be on the next meeting’s agenda.

Consider acceptance of Letter of Credit No. 00897 in the amount of Sixty-Four Thousand Nine Hundred Eighty-Six Dollars and ninety cents ($64,986.90) for the Meadows of St. John, Phase II -
Mr. Volk motioned to accept the Letter of Credit in the amount of $64,986.90. Seconded by Mr. Forbes. Motion passed with a vote of 4 -0. Mr. Volk explained to the audience what a Letter of Credit is, which is when a developer comes in to do a new development in town there are certain public improvements they are required to put in at their expense. This is just more a less a financial guarantee, like a bond, that they do those improvements and if they don’t the Town can use this Letter of Credit to finish it themselves. Mr. Barenie stated that they have initiated a new process to keep track of the Letters of Credit.

Reports & Correspondence

Town Council
Mr. Forbes thanked the Council members for supporting the bond. He stated that the roads are in such bad shape, they are treacherous in the winter and he is confident they will be saving lives.

He added that the residents from the Gates of St. John have been complaining about poor building quality and other things. He is getting more and more phone calls again. There is no improvement in the follow up from the builder. Mr. Forbes stated that he has been talking with Mr. Volk and he believes they must move forward and do something more drastic.

Mr. Volk stated that he moved forward in engaging in a home inspection firm to look at some of the complaints by taking a random sampling. They are not sure if anything is being done or not. They are going to have the inspection company go through about 15 homes and see if anything has been done and to verify if the residents are accurate in their assessments of what is going on with their homes. Mr. Volk stated that he did not receive the proposal in time for tonight’s meeting. The firm that is coming in is out of Valparaiso and they are going to try and do this in two day window; a weekend when more people are home and will have a team of two inspectors. Mr. Kil will set up a time frame for the home visits which will be about an hour in each home. Mr. Forbes stated that there are 60 homes but most of the complaints are identical so a random sample should be indicative of the problems. Mr. Volk stated that the inspections will cost $195.00 per home. Mr. Volk motioned to approve the proposal sent by Northwest Indiana Home Inspectors not to exceed $3,000.00 for the inspection of 15 homes in the Gates of St. John. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0. Mr. Gembala mentioned that the procedures of the contractor licensing board may need to be reviewed.

Mr. Forbes referenced the advertising for the Haunted House. He stated that in previous years they spent $2,500 – $3,000 on billboards. Based on the numbers from last year he believes it was down a little bit and doesn’t believe they are getting the most for their money. He contacted X-Rock radio station, 103.9 FM, for $2,500 they will do an onsite broadcast for two hours which includes 26 commercials advertising the event, plus 15 promotional announcements where the DJ tells the audience where he will be. There are also three other stations in this area that work together, X-Rock, Z107 and 105.5 which is Indiana 105. He discussed giving each radio station 10 pairs of passes to give away when they do trivia questions, call ins, etc. For another $450.00 they can do 12 commercials on Z107 and 105.5; those commercials would be the last two weekends of the Haunted House. He believes this would be more of a draw to the age group they are targeting. They will also have the sandwich boards and flyers in local businesses. Mr. Volk stated that he is okay with this as opposed to the billboards so far out of town and should look at billboards closer to town. Mr. Forbes stated that some of those signs are permanent. He will finalize the deal and get a proposal from the radio stations and does not expect this to exceed $3,000.00. Mr. Forbes motioned to authorize advertising for the Haunted House in the amount not to exceed $3,000.00. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

Mr. Forbes added that the Parks Department will have a concert at the Haunted House location on October 9th prior to the Haunted House opening; the live broadcast will be October 15th or 16th; the Boo Bash will be at Prairie West Park on the 23rd; and this year they are looking at doing two kids Haunted House things on October 30th and 31st from 12:00 p.m. – 3:00 p.m. That’s where they tone down the Haunted House and they have the lights on. Its $5.00 for kids and an adult can walk them through. He is talking with the St. John Lions Club and they will have some final details next week.

Mr. Gembala stated that he read in the paper that an arrest has been made in the car break-ins and complimented the Police Department. Chief Frego confirmed that an arrest was made.

Clerk-Treasurer –
None
Staff –
None

Public Comment

Mr. Leo Lazaroff, 9790 Julia Drive – stated that the water flow has been altered by the installation of the sport court and wants to know what the town is going to do about the problem. Mr. Kil stated that he and Tom Redar, the Town Public Improvement Inspector, did the initial inspection on the sport court. The water is coming around the sport court and is coming off the property, the water drains north to south. Two fixes were suggested: one is to take a hump out of the front yard or they can try to redirect where the water is going. Mr. Kil stated that he needs to speak with the other homeowner involved who is on vacation and will speak with him when he returns. The fix will cost about $500.00 and is the responsibility of the homeowner.

Mr. John Berenc, 13895 West 94th Court – stated that he lives across the street from Mr. Lazaroff. He said there should be a swale in the back of those homes and that someone on their block built a swimming pool above grade some time ago. He does not know why the zoning board approved it. He stated that this is a water issue; it is a town issue and recommends they build a swale.

Ms. Marian Hoyda, 8819 Hillside – stated that Lake Hills needs some attention, referenced the lake, debris, walking paths etc. and looks forward to the meeting and update on the 25th.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:49 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

08-26-2010 Town Council

August 26, 2010 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; Kenneth Gembala, 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.

Approval of Minutes: Minutes of the July 2, 2010 Special Meeting and Minutes of the July 22, 2010 Regular Meeting -

Mr. Forbes motioned to approve the minutes of the July 2, 2010 Special Meeting. Seconded by Mr. Volk. Motion passed with a vote of 3 ayes and 2 abstentions by Mr. Fryzel and Mr. Gembala.

Mr. Gembala motioned to approve the minutes of the July 22, 2010 Regular Meeting. Mr. Volk seconded the motion. Motion passed with a vote of 3 ayes and 2 abstentions by Mr. Forbes and Mr. Fryzel.

Bid Openings:

2010 Roadway Improvement projects – White Oak Avenue, Blaine, and Town Wide Pavement Patching Program
Proofs of Publication – Mr. Austgen stated that the proofs are in evidence in the form of the Publisher’s Affidavit’s of The Times and the Post-Tribune, timely publication was made in each newspaper publication on August 6th and August 13th, the public notices are in conformance with law.

Bid Opening – Mr. Austgen opened and announced the following two bids, Exhibit A.

Town Council Action - Mr. Gembala motioned to take the bids under advisement by the appropriate staff. Seconded by Mr. Fryzel. Motion unanimously passed.

Self-Contained Breathing Apparatus for the Fire Department
Proofs of Publication – Mr. Austgen stated that there is proof of Notice to Bidders published in The Times and the Post-Tribune by the Publishers Affidavit’s verifying publication on August 2nd and 9th in each, those publications meet the requirements of law.

Bid Opening – Mr. Austgen opened and announced the following bids, Exhibit B.

Town Council Action - Mr. Forbes motioned to take the bids under advisement by the appropriate staff. Seconded by Mr. Fryzel. Motion unanimously passed.

New Business

Authorization to use the PILT Payment from the Water Utility as an annual payment toward the debt owed to the Utility District -
Mr. Forbes motioned to authorize the PILT payment from the Water Utility as the second annual debt payment to the Utility District. Seconded by Mr. Fryzel. Motion unanimously passed.
Consider acceptance of Letter of Credit No. 01001 in the amount of Fifty Three Thousand Seventy Five Dollars ($53,075.00) for Midco/Whiteco St. John, LLC -
Mr. Forbes motioned to accept the Letter of Credit in the amount of $53,075.00. Seconded by Mr. Fryzel. Motion unanimously passed.
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. Fryzel motioned to authorize the payment. Seconded by Mr. Volk. Motion unanimously passed.
Consider approval of Change Order for the 2010 Town Wide Pavement Patching Program for Reith-Riley in the amount of Fourteen Thousand Seven Hundred Seventy Nine Dollars and Ninety Eight Cents ($14,779.98) -
Mr. Forbes motioned to defer this item to the September 9th meeting. Seconded by Mr. Volk. Motion unanimously passed.
Consider Special Exception Variance for Gary Kujawa of 9535 Julia Drive for sports court (favorable recommendation from Board of Zoning Appeals) -
Mr. Fryzel motioned to approve the special exception for Gary Kujawa and incorporate the Findings of Fact from the Board of Zoning Appeal. Seconded by Mr. Volk. Mr. Gembala amended the motion to include review of the plan to ensure the grade of the sports court does not adversely affect the drainage. (Mr. Kil will review for compliance.) Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Volk stated that he has received a couple of calls regarding the history wall outside of the Town Hall and asked whether any bricks will be added or if they are taking orders for bricks. Mr. Fryzel stated that they had to have a certain number of bricks for the company to come out. Discussion ensued; a new list will be started in the Clerk’s office and a reminder will be put on the utility bill.

Mr. Forbes stated that the date of the live broadcast of X-Rock from the Haunted House has been changed from October 16th to October 22nd with the time changed from 6:00 p.m. to 8:00 p.m.

Clerk-Treasurer –
None
Staff
Mr. Sobek stated that the Fall flyer will be mailed out with the water bills this week and the work on Rainwater and Sun Meadows Parks have been completed.

Chief Frego read the July Activity Report for the Police Department.

Chief Willman read the July Activity Report for the Fire Department. He added that the department took part in a project of mass deployment of resources from the Chicago area including Indiana, Wisconsin and Michigan. It was part of the National Fire Convention at McCormick Place. They were the only Indiana maintenance division that was there. It was a huge success.

Mr. Barenie commented that a lot of the residents have been pleased with the work on 93rd.

Payment of Bills for the Corporation –

APV’s #8308 - #8552 for $1,322,395.37 – Mr. Kil asked to remove the payment to Reith-Reilly and defer that to next month, it will be on the docket. The payment is for $14,779.98 docket #8547. Mr. Fryzel motioned to approve payment of vouchers #8308 - #8552 with the exception of voucher #8547 which will be deferred from payment, that invoice will be adjusted from a total amount of invoices to be paid $1,322,395.37. Seconded by Mr. Forbes. Motion unanimously passed.

Chamber of Commerce Presentation –

Mr. Nick Georgiou stated that he is on the Board of Directors and currently services as the Treasurer. He referenced the designs of the banners that were presented for Town Council approval. Mr. Georgiou stated that the banners would be located on Route 41 and 93rd Avenue, would like the banners installed before the holidays and the cost would be incurred by local businesses. Mr. Kil stated that he e-mailed the information to the council members a day or two ago and does not know if they have had time to review the information. Mr. Barenie stated that he liked four out of five of them and they were very well done. Mr. Kil stated that these are five feet banners. Mr. Barenie added that they are 30 by 64 inches. Mr. Georgiou stated that this is initially a one year program but they are asking the businesses to renew every year. Discussion ensued. Mr. Barenie stated that they will get back to him.

Public Comment

Ms. Janet Brennan, 10151 Delmar – referenced the minutes of the July 22nd meeting and the Ethics Ordinance. She stated that she is wondering when they were going to appoint members to the Ethics Committee and referenced the 2004 signed ordinance. Ms. Brennan inquired if the Ethics Ordinance included the town employees. Discussion ensued, (partly inaudible).

She also asked about the procedures for job openings and referenced the public records request she made regarding the hiring practices as included in the employee personnel manual. Ms. Brennan stated that the policy should be reviewed.

The last item she stated that she wanted to address was about the Haunted House budget. Last year it was $17,000 and they made money but spent $26,000 in expenses. She asked how did they make money and if they have rules why don’t they follow them. Discussion ensued. Mr. Barenie stated that they approved more this year so they could start the renovations early. He also addressed the hiring of staff – the opening for the IT position was advertised in The Times, the Post-Tribune and Monster.com and they received over 100 resumes. Mr. Volk’s stated that it was his understanding of the Ethics Ordinance that they would establish a committee when it is needed. Discussion ensued. Ms. Brennan stated her concern that positions are filled by friends of existing employees or Council members. She stated that the State Board of Accounts commented adversely to the use or non-use of the Ethics Committee. Mr. Austgen corrected Ms. Brennan that the State Board of Accounts did not say that, the non-use of the Ethics Ordinance was not a write up, it was an opinion of an auditor.

Mr. Leo Lazaroff, 9490 Julia Drive – stated that he resides next to the residence with the sport court and asked what is being done about the drainage problem. Mr. Gembala stated that he went out to the residence as he has some professional background in this area. He asked permission to take some elevations just to see and match that up with the grade. His sketchy opinion is whether some of the drainage swales were made or perform according to the original plan commission plans and would like to check that out. To say there is one individual problem out there that is causing the problem he is not sure. Mr. Lazaroff also asked why the approval of the second sports court is not on the agenda. Ms. Sury stated that the agenda was changed after she posted it and she did not receive the amended version.

Mr. Mike Alonza, 9665 Grasselli Ave – stated that he purchased a new home from Martk and there is a problem with the siding. He called the contractor who said it was a warranty issue, he was given the name of the company that installed it on his home and he is no longer in business. He called Aztec Siding Company who said the siding was installed improperly (not according to manufacturers specifications) and is a warranty issue. They took a bond through St. John. He filed a claim with the builder’s insurance company who denied him and was told he cannot go after the bond because St. John holds the bond and St. John would have to implement. The home was built in August, 2004. Mr. Kil stated that he called Rich Wolf on the resident’s behalf and was told the same thing the resident was told.

Mr. Alonza stated that the building code states if the work is not done according to the manufacturers specifications it is out of code. He called Aztec and was told they don’t do this anymore.

Mr. Austgen stated that the amount of time is a huge factor. Mr. Forbes stated that the estimate on repairs is just over $7,000.00. Mr. Austgen stated that the town holds the bond for the contractor and the penal amount is $5,000.00 and is for code compliance. He asked Mr. Kil to look at the bond, provide the town’s weight behind the bond to the extent that’s available and also suggested that Mr. Kil look at the contractor registration.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Fryzel. Motion unanimously passed. Meeting adjourned at 8:11 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

09-09-2010 Town Council

September 9, 2010 Town Council Meeting Minutes

Note: Meeting was not tape-recorded.

Mr. Barenie called the meeting to order 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; Ken Gembala, Member; David Austgen, Attorney and Steve Kil, Town Manager. Also in attendance was Fred Frego, Police Chief; Fred Willman, Fire Chief and Chip Sobek, Parks Superintendent. Absent was Sherry Sury, Clerk-Treasurer.

New Business

Consider award of the 2010 Roadway Improvement Projects –
Mr. Gembala motioned to award the bid to Rieth-Riley in the amount of $967,808.80 as the lowest most responsive and responsible bidder with the bid contingent on financing. Seconded by Mr. Fryzel. Motion passed with a vote of 5 - 0. A pre-bid meeting will be held on Monday, September 13th.
Consider Ordinance #1522, amendatory ordinance regarding Weed and Rank Vegetation as outlined in Indiana Code 36-7-10.1-3 -
Mr. Gembala motioned to consider Ordinance #1522 on first reading. Seconded by Mr. Forbes. Motion unanimously passed.

Mr. Fryzel motioned to adopt Ordinance #1522, Seconded by Mr. Forbes. Motion unanimously passed.

Approval to dispose of certain real property (old computer equipment) -

Mr. Fryzel motioned to declare the property as worthless and authorized the Town Manager to dispose of same by donation if possible. Seconded by Mr. Forbes. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Forbes requested that the budget for the Haunted House be increased for capital expenses bringing the new budget total to $29,400.00. He added that an actor’s meeting will be held on September 16th at 6:30 P.M.

Mr. Fryzel stated that the Haunted House has been the same; it is time to change it. They break even with the budget, the Forystek’s have done a good job and it is time to increase the budget. Mr. Fryzel motioned to approve the budget for the Haunted House in the amount of $29,400.00. Seconded by Mr. Forbes. Motion unanimously passed.

Mr. Gembala stated that he has investigated the drainage complaints and one has been corrected.

Clerk-Treasurer –
Absent
Staff –
None

Public Comment –

None

Adjournment –

The meeting adjourned at 7:10 P.M.

Respectfully Submitted:

/s/ Steve Kil, Town Manager

09-23-2010 Town Council

September 23, 2010 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 7:19 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; Ken Gembala, Member; David Austgen, Attorney, Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance was Fred Frego, Police Chief; Fred Willman, Fire Chief (left at the start of the meeting) and Chip Sobek, Parks Superintendent.

Presentation: St. John Youth Baseball League – July 2011 Tournament –

Mr. Al Konieczka representing the League introduced the Board Members Dan Gibson, Bob Davis and Pete Ladowski that were also in attendance. Mr. Konieczka thanked the Town Council for the wonderful fields they have and said over 500 kids participate every year, which represents over 400 families. He stated that they have been asked to host the Ohio Valley Conference in July, 2011, for 9 year olds and that the event will bring 20-22 teams here to St. John. It will be the third week of July in 2011, they wanted to advise the Council of the event and invite them to participate.

Approval of Minutes: Minutes of the August 12, 2010 Regular Meeting, and Minutes of the August 26, 2010 Regular Meeting -

Mr. Fryzel motioned to approve the minutes of both the August 12, 2010 and the August 26, 2010 Regular Meetings. Seconded by Mr. Forbes. Motion unanimously passed.

Public Hearing

Ordinance #1524, an Ordinance establishing the 2011 Municipal Budget
Mr. Austgen confirmed that the Proofs of Publication were in order with timely publication in the Post Tribune on September 2nd, 3rd and the 9th and The Times on August 25th and September 1st. The requirements of law were met.

Opening Remarks – Ms. Sury stated that this is the same budget as last year because of the freeze. Mr. Barenie added that it is very comparable to last years’ and that they will have sometime after the first reading to go over it more to see if there is anything else they can do.

Open to the floor for Public Comment – None

Mr. Forbes motioned to consider Ordinance #1524 on first reading only. Seconded by Mr. Volk. Motion unanimously passed.

New Business

Consider approval of Change Order for the 2010 Town Wide Pavement Patching Program for Reith-Riley in the amount of $12,106.98 -
Mr. Fryzel motioned to approve the change order for $12,106.98. Seconded by Mr. Forbes. Motion unanimously passed.
Consider Resolution #10-09-23, approval of the St. John/Town – Lake County Multi-Hazard Mitigation Plan –
Mr. Kil stated that they have a plan-in-hand, FEMA approved it and that the resolution is ready to be adopted. Mr. Fryzel motioned to adopt Resolution #10-09-23. Seconded by Mr. Forbes. Motion unanimously passed.
Consider Ordinance #1523, amended Building Permit Procedures –
Mr. Volk stated that the Plan Commission worked on this, most of this is already being done and they wanted to build an outline. They added the foundation location report, which was not previously required to be turned in to the town from the contractor, and the top foundation, which they hope, will eliminate some of the grading problems they have had in the past. He thinks they need to add the foundation mix receipt from the contractor. Discussion ensued. Mr. Gembala stated that they should have the final surveyors report. Discussion ensued. Mr. Austgen suggested that the Council defer action on this item to the next meeting so Mr. Kil can get the proper language into the document. Mr. Forbes motioned to defer Ordinance #1523 to the first meeting in October. Seconded by Mr. Fryzel. Motion unanimously passed.
Consider bid award for the SCBA (self-contained breathing apparatus) units -
Mr. Fryzel motioned to award the bid to Hoosier Fire Equipment in the amount of $151,883.50. Seconded by Mr. Forbes. Motion unanimously passed. Mr. Gembala stated that grant money was received to purchase this equipment so they would not have to use town funds.
Discussion of Contractor’s Registration Board and amending same by Ordinance #1525 -
Mr. Forbes motioned to consider Ordinance #1525 on first reading. Seconded by Mr. Fryzel. Motion unanimously passed.

Mr. Fryzel motioned to adopt Ordinance #1525. Seconded by Mr. Forbes. Motion unanimously passed.

Resolution #10-09-23A, a resolution authorizing a Temporary Transfer and Loan of Funds -
Mr. Fryzel motioned to adopt Resolution #10-09-23A. Seconded by Mr. Forbes. Motion unanimously passed.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
Ms. Sury asked permission to use the Hack Street location (Public Works Building) for the election in November. Mr. Forbes motioned to allow the use of the Hack Street building for election purposes. Seconded by Mr. Volk. Motion unanimously passed.
Staff –
Mr. Kil reminded everyone that beginning this Monday the 27th they will be starting their road construction projects that will affect Blaine and White Oak specifically. They will be closing parts of the road at times over the next two weeks. White Oak construction will be from 93rd Avenue to 109th Street; and Blaine will be 93rd Avenue to 101st Street. After those roads are completed, they will start the subdivision patching.

Chief Frego gave the August Activity Report for the Police Department.

Payment of Bills for the Corporation

APV’s #8553 - #8734 for $891,384.17 - Mr. Forbes motioned to authorize payment of the bills in the amount of $891,384.17. Seconded by Mr. Fryzel. Motion unanimously passed.

Public Comment

Ms. Janet Brennan, 10161 Delmar – asked if the budget would be on the website. Ms. Sury stated that it is available in the Clerk’s office as required by law. Discussion ensued. Mr. Barenie added that they may put summary information on the web as it is a lengthy document.

Chief Willman returned to the meeting and gave the August Activity Report for the Fire Department.

Adjournment –

Mr. Fryzel motioned to adjourn the meeting. Seconded by Mr. Forbes. Motion unanimously passed. Meeting adjourned at 7:42 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

10-14-2010 Town Council

October 14, 2010 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; Ken Gembala, 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: Gregory Volk, Member; Michael Fryzel, Member and Chip Sobek, Parks Superintendent.

Presentation: Invitation to St. John Lions Club “Meet & Greet” –

A Lion’s club representative was not at the meeting, the presentation was not given.

New Business

Proclamation declaring October as “Domestic Violence Awareness Month” -
Mr. Forbes motioned to proclaim October as Domestic Violence Awareness Month and authorize the Town Council President and Clerk-Treasurer to execute such. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0.
Updated report on Public Works Department Safety Training –
Mr. Kil referenced an outline that was included in the Council member’s packets regarding safety training and other continuing education. He stated that every Friday a safety class is held, the mode of training is dependent upon the subject matter. Mr. Barenie asked Mr. Austgen to look at the other communities he is involved with to determine if their training is comparable. Mr. Kil stated that he will e-mail the Council members a copy of the safety training spreadsheet monthly. Discussion ensued that training may be available from the Town's insurance carrier.
Ordinance #1523, an Ordinance amending Building Permit Process -
Mr. Forbes motioned to consider Ordnance #1523 on first reading. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0.

Mr. Gembala motioned to adopt Ordinance #1523. Seconded by Mr. Forbes. Motion passed with a vote of 3 - 0.

Ordinance #1524, an Ordinance establishing the 2011 Municipal Budget -
Mr. Forbes motioned to adopt Ordinance #1524. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0.

Reports & Correspondence

Town Council
Mr. Forbes asked the Council to engage Attorney Stephen Maish as a Special Counsel Consultant for The Gates regarding Phillippe Builders. Mr. Forbes stated that he will have another hard copy of the contract tomorrow with the amended language that was previously discussed. The attorney (Mr. Maish) has acknowledged that he will make and accept that change. Mr. Forbes motioned to accept the revised contract based on the language request made today and discussed. Seconded by Mr. Gembala. Motion passed with a vote of 3 - 0.

Mr. Forbes also provided an update on the Haunted House. He reported things are going pretty good, the weather has been good and they have had 793 people go through the house in the first two weekends.

Mr. Gembala stated that the Fire Department Open House was very successful due to the hard work Chief Willman put into it. Chief Willman said they had over 900 people attend. There were 29 volunteers in addition to the paid personnel and they had great support from the Town’s departments and workers.

Clerk-Treasurer –
None
Staff
Mr. Kil stated that he has been working with a resident, Mr. Mike Alonzo, 9665 Grasselli Ave, for quite some time now regarding nail pops in his siding of his home. He is asking the Town Council to authorize him, on behalf of the Town, to assign or transfer the claim rights of the Town with regards to this specific bond with the construction company to Mr. Alonzo for the specific purpose of addressing the situation at his home on Grasselli. Mr. Kil stated that this is what he will need at this point to keep assisting Mr. Alonzo.

Mr. Austgen added that at the request of the claims examiner, an assignment or transfer of the contract benefit rights has been made to Mr. Kil. Mr. Kil processed the claim fully on behalf of the Town who is the holder of the rights under the contractor bond. The request is being made for purposes of further evaluation and the claims examination adjustment and has been documented to Mr. Kil. It is Mr. Austgen’s recommendation that, if the bond assignment is to occur, it is the result of a public meeting action by the Council. It’s a $5,000 limit, this contractor bond, and it’s for this claim only. Mr. Austgen will prepare an indemnification of any exposure or responsibility by the Town for Mr. Alonzo to sign. Mr. Gembala motioned to approve the transfer of the bond for Mr. Mike Alonzo on a one time claim to include the attached indemnification. Seconded by Mr. Forbes. Motion passed with a vote of 3 - 0.

Public Comment

Ms. Eileen Butcher – stated that she is the owner of Midwest Ice Arena. Ms. Butcher introduced the coach and general manager of Indiana Blizzard, Sergei Kharin, a professional hockey team. She is asking for Council approval to sell alcohol at the facility only during the home games and at no other time. Ms. Butcher stated that they are willing to provide private police protection during the games and would use a caterer’s license.

Mr. Sergei Kharin, gave an overview of his background and the development of the players and team. He stated that for them to succeed, alcohol is a big part of the business. Last year in Muskegon, Michigan, 40% of their profit came from the sales of beer. His budget is very, very small and they need the money. He will make sure nothing will go wrong. Mr. Austgen suggested that Ms. Butcher and Mr. Kharin prepare a proposal or outline for presentation to the council for their review and for it to include what they would like. Mr. Barenie asked about the 40% profit going to the hockey team. Mr. Kharin stated that the beer sales are a large part of the overall profit from all the sales involved, help cover team expenses and added that they are willing to work with any restrictions the Council may have.

Adjournment –

Mr. Gembala motioned to adjourn the meeting. Seconded by Mr. Forbes. Motion passed with a vote of 3 - 0. Meeting adjourned at 7:40 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

10-28-2010 Town Council

October 28, 2010 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; Kenneth Gembala, 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: Minutes of the September 9, 2010 Regular Meeting, September 23, 2010 Regular Meeting and the September 23, 2010 Executive Session -

Mr. Gembala motioned to approve the minutes of the September 9, 2010 Regular Meeting, September 23, 2010 Regular Meeting and the September 23, 2010 Executive Session. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

New Business

Consider purchase of “Total Patcher” -
Mr. Barenie stated that this is a new piece of equipment that has been investigated and is tied in to a bond process that they have already committed to. There was some extra funding and it seems to fit very well with the project. Mr. Forbes added that this equipment would repair potholes more efficiently than a cold patch would; it uses an emulsion mix to fill the hole, it is more of a permanent repair, an all in one deal, which is why it’s called the Total Patcher – it cleans the hole, and fills it with this mixture. It’s a far more efficient way to maintain the degrading roads. He added that Public Works invested 724 hours in cold patching in 2009; in 2010 they have invested 676 hours in cold patching; the Town invests a little over $40,000 in cold patching. That is not to say they will save that amount of money but that investment will be more sustained. This device can also prevent cracks from getting worse as they appear. The workers do not have to repair the same pothole more than once. Mr. Forbes motioned to approve the purchase from Equipment Marketing Company in an amount not to exceed $57,900.

Mr. Barenie stated that the funding for this investment in the Town’s infrastructure comes from the bond issue they had recently which covered the White Oak revamp and the fixing of Blaine along with several patching jobs within the Town. Once those bids came there was free money within those bonds to cover this investment. Mr. Gembala added that the Bond Attorney has sent correspondence stating that the bond money can be used for this purchase. Mr. Austgen stated that he concurs with the Bond Attorney’s letter, which will be appended to the minutes of this meeting, (Exhibit A). Mr. Forbes stated that this is the lessor of three estimates they received. Mr. Austgen stated that this is a specialty piece of equipment; Mr. Kil gathered the data from the specs, and it is a proprietary process for which the equipment is specially constructed. Mr. Kil obtained proposals from the only known makers and the pricing was under the statutory amount for bidding. Mr. Kil stated that they would be purchasing emulsion from either Crown Point or Cedar Lake. Motion seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

Consider cleaning services contract with Clean Slate for municipal building and police department -
Mr. Forbes motioned to approve the contract as submitted. Seconded by Mr. Gembala. Motion passed with a vote of 4 -0. This is a month to month contract for services.

Reports & Correspondence

Town Council
Mr. Forbes stated that Michelle Haluska is going back to 32 hours when Farmers Market ends. There are some projects she can work on so she can remain at 40 hours. Mr. Forbes motioned to reinstate Michelle Haluska the Assistant to the Town Manager to a 40 hour work week. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

Mr. Forbes stated that they have had 2,391 guests at the Haunted House. Mr. Barenie thanked Mr. Forbes for the amount of time he spent at the Haunted House.

Mr. Gembala complimented Mr. Kil for his help with a resident and their building problems and his persistence with it. Mr. Kil mentioned that he is waiting for Mr. Alonzo’s signature on the indemnification document. Mr. Alonzo is back at work which is why he cannot come in.

Mr. Kil stated that they are putting the finished surface on Blaine this afternoon; White Oak is much more difficult, there is a lot more patching and rerouting traffic; is a lot more difficult. He stated that they added more to the subdivision work; they got to all the areas they knew of. They also added the extension of 101st from Blaine to Cline to the project. Some of the areas were beefed up as needed. If it was needed to go deeper they did so, they excavated out what was necessary. A change order is forthcoming; it will be less than the 20% maximum allowed by law. The money went to additional roadwork and they have some extra. Mr. Austgen suggested that with the surplus money, a list be made of work that can be done immediately in the Spring. Mr. Kil stated that he anticipates several hundred thousand dollars extra due to the engineering fees being far less then he budgeted for.

Clerk-Treasurer –
None
Staff
Chief Willman read the September Activity Report for the Fire Department.

Chief Frego read the September Activity Report for the Police Department.

Mr. Kil stated that they completed their MS4 project and received a good response from IDEM. The town will also be sweeping the streets as part of the Best Management Practices to make sure debris is not being washed into the storm sewer system. As a requirement of the MS4 project, he will be using cum sewer funds for the street sweeping. The street sweeping is contracted out, as the town does not have the equipment to do so, and they are required to do sweeps 4 times a year per the MS4 recommendation. Mr. Forbes motioned to pay the additional cleaning of the streets to comply with MS4 requirements not to exceed $4,500.00. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.

Payment of Bills for the Corporation

APV’s #8735 - #8949 for $1,418,890.48 - Mr. Forbes motioned to approve the general accounts payable vouchers #8735 - #8949 for a total dollar value of $1,418,890.48. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

Public Comment

Mr. Bill Dravesky, 9038 Howard Court – Asked why the City of Gary can give tickets for driving while talking on cell phones (as referenced in The Times on 9/27) and St. John cannot. Discussion ensued. Mr. Austgen stated that he has not seen the ordinance in Gary but it may be based on home rule. Discussion ensued. Mr. Dravesky stated that he is concerned because he almost got hit by a car where the driver was talking on the cell phone.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:38 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

11-18-2010 Town Council

November 18, 2010 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 7:00 P.M. and Boy Scout Troop #561 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; Ken Gembala, 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: Minutes of the October 14, 2010 Regular Meeting, October 14, 2010 Executive Session and October 28, 2010 Regular Meeting –

Mr. Fryzel motioned to approve the minutes of October 14, 2010 Regular Meeting, the October 14, 2010 Executive Session and the October 28, 2010 Regular Meeting. Seconded by Mr. Forbes. Motion passed with a vote of 4 ayes and 1 abstention by Mr. Fryzel.

New Business

Ordinance #1526, an ordinance amending the Town’s Ethics Ordinance -
Mr. Fryzel motioned to consider Ordinance #1526 on first reading. Seconded by Mr. Forbes. Motion unanimously passed.

Mr. Fryzel motioned to adopt Ordinance #1526. Seconded by Mr. Forbes. Motion unanimously passed.

Consider appointments to Contractor’s Board –
Mr. Volk stated that the Licensing Board was established by the Town Council in the early 1990’s. A Contractor’s Board was established to complement the Licensing Board. The Contractor’s Board was to review complaints and compliance with the licensing requirements. That Board became inactive over the years; there is still an ordinance in place and the Town Council believes it is in the best interests of the Town to re-establish it at this time. It is a five-member board, four of which were chosen from applications that were submitted from interested residents. The first appointment is not from the applications, he is a town employee, Mr. Tom Redar. Mr. Redar is the current building inspector and he also serves on the Plan Commission.

The remaining appointments are from applications:

  • Mr. Dale Robert, retired, over 40 years in the construction industry and was a building inspector for the City of Hammond for 6 years.
  • Mr. Steve Kozel, a longtime resident of the town, he has experience and background in construction and project management. He was the assistant building inspector for St. John in the early 80’s. He retired in 2005, does a lot of volunteer work and is a member of the Plan Commission.
  • Mr. Jack Slager, a self-employed contractor and developer. He has a heavy background in construction, a longtime member of the building industry association and is currently on the Board of Directors.
  • Mr. Richard Hoover, a 57 year resident of the Town, he has been in the Heating, Ventilation and Air Conditioning field since 1971.

Mr. Gembala stated that this board was set up in the 90’s in order to address issues of complaints and also to make sure all the contractors working in Town are properly licensed and tested and do quality work and to see that any problems and complaints are reviewed and judged by their peers.

Mr. Forbes motioned to accept the Contractor Board members as listed by Mr. Volk; Mr. Redar, (Town Council Appointment) Mr. Kozel and Mr. Hoover for one year terms and Mr. Robert and Mr. Slager for two year terms. Seconded by Mr. Fryzel. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Forbes referenced the report that was earlier distributed (Exhibit A) on the Haunted House and reported the following:
  • The 2010 budget was $29,400
  • $26,098.37 was spent although the NIPSCO bills have not come in yet
  • 3,496 visitors during the evening event
  • 450 children during the two days kids event
  • 3,946 total visitors
  • $44,262 total revenue for both evening and kids events
  • $18,163.63 net profit
  • $67,797.00 approximate fund balance

Mr. Forbes thanked several businesses that helped feed the kids: Pascal’s Pizza, Strack & Van Til’s, St. John Subway and Eenigenburg Water. He also thanked people for their donations of food to the Haunted House characters (scare-a-ters): the Barenie’s the Volk's, Ken Gembala, the Sury’s offered two meals, a pair of workers at the House, and Sam and Cookie also did a dinner one night. He thanked the St. John Fire Department for touring and familiarizing themselves with the layout of the Haunted House in preparation of any emergency that may occur out there. He thanked Chief Willman for getting their event permit and for getting the Fire Inspection. He thanked the Police Department for their nightly presence at the Haunted House and to Chief Frego for his visits there. He also thanked the Clerk’s office, the volunteers from Standard Bank, Steve, Joan, Bob Davis and Michelle Haluska for getting the St. John Lions Club to operate and staff the two day kids Haunted House. Mr. Forbes also thanked the Forystek’s, their consultants, for their hard work and their design and thanked the scare-a-ters; they had 135 volunteers sign up to work inside the Haunted House. Of the 135 volunteers, 120 worked inside the Haunted House at any given time; the high mark was 73 scare-a-ters in the house in one evening, they averaged 45 in the house per night. They always get great feedback from visitors to the Haunted House about the scare-a-ters, they do a fantastic job. Mr. Forbes stated that he is going to have a party for them in mid-January or early February. Mr. Volk motioned to approve $1,500.00 for a party for the St. John Haunted House volunteers. Seconded by Mr. Fryzel. Motion unanimously passed.

Mr. Forbes also asked for a $500.00 donation to the St. John Lions Club to offset their cost and to help them have the money available to them in anticipation they will do this again next year. Mr. Austgen suggested that the money be from the Tourism Fund (EDC Fund) as the ordinance for the Haunted House does not have the proper fund or mechanism to do this and the Haunted House does bring people into St. John. Mr. Gembala motioned to donate $500.00 to the St. John Lions Club. Seconded by Mr. Fryzel. Motion unanimously passed.

Mr. Forbes stated that he wanted to clarify for the record that tax money is not being used for the Haunted House as he has received feedback from some residents that the Town is wasting taxpayer money on the Haunted House. He stated that all the money generated from the Haunted House goes into the Haunted House Fund and that they will transfer $5,000.00 from the Haunted House fund to the Festival of Lights Fund so that the event could be held at Prairie West Park, taxpayer money is not being used for the Festival of Lights.

Mr. Barenie thanked the staff that helped in the 2010 Census and stated that St. John came in first place in Lake and Porter County’s with the highest level of return, 89% of the residents responded to the Census. He mentioned that Public Works Safety Training is moving along on a continuous basis and that Christmas in the Park will open the day after Thanksgiving at 7:00 P.M. Mr. Barenie suggested that the two holiday days the employees receive off related to the Christmas holiday be Thursday, the 23rd and Friday, 24th as recognition of a great job, well done under difficult times within the Town, they are doing more with less. Mr. Forbes motioned that the Town employees receive Thursday, December 23rd and Friday, December 24th as days off. Seconded by Mr. Fryzel. Motion unanimously passed.

Mr. Barenie also mentioned that the December meeting dates will be changed due to the holiday. The first meeting will be on December 16th and the second meeting will be December 30th which will be the close of business meeting. The employee holiday luncheon will have two retiring police officers; the luncheon will be held on Wednesday, December 15th. Chief Frego added that Assistant Chief, Frank Chapranda, with 35 years of service and Lieutenant, Rick Kouder, with 34 years of service will be retiring the end of this year.

Mr. Barenie referenced the Salary Ordinance that froze the salaries of employees and the Amendment that provided for bonuses if the Town was in a financial position to do so. He stated that based on the figures for the second half of the year, the Town is in a position to give the bonuses at this time. Mr. Forbes motioned to approve the merit bonuses for the full time staff in the amount of $750.00 and for staff working less than 1,040 hours in the amount of $375.00. Seconded by Mr. Volk. Motion unanimously passed. Mr. Barenie added that this excludes elected officials.

Clerk-Treasurer
Staff
Mr. Kil referenced the grant Chief Willman was able to secure to purchase air packs. The grant will pay $157,890 and the Town’s share is $8,310. Mr. Forbes motioned to authorize the expenditure not to exceed $8,310 from the Cum Fire Account to supplement the grant money for the air packs. Seconded by Mr. Gembala. Motion unanimously passed.

Mr. Forbes motioned to authorize payment of $157,890 from the grant money for the Fire Department air packs. Seconded by Mr. Fryzel. Motion unanimously passed.

Mr. Barenie asked that the employee bonus checks be paid as separate checks issued this coming payroll before Thanksgiving.

Mr. Barenie asked Mr. Austgen to give an update on the DROP program. Mr. Austgen stated that the two veteran police officers that are retiring are members of the 1925 police pension fund. They have an entitlement as a consequence of that membership, their longevity, and statutory provision to elect to take an advance payment on their pension. It is called, DROP. It is processed through an application they made two plus years ago in October, 2008.

They notified the Town through the Clerk’s office and through the Chief’s office of their interest and intent to retire this year (two years hence) and their election to exercise the DROP payment. DROP payment is a lump sum payment. It is made in advance, it is required to be paid because of their membership in the fund. The local police pension board has met and accepted the applications and has processed the approval of the DROP payment benefit for the retiring officers and the Town will, when the officers retire next month, make such payment.

The payment, as we are informed, reliably, by the PERF administrator attorney and from the statute, has indicated that the Town will make the payment and a report will be made to PERF requesting reimbursement to the fund from which the payments were made next year. The repayment is contemplated to be made in two installments next year as indicated by the PERF administrator in late June and in November.

Mr. Forbes referenced an e-mail that was received today from Chief Frego regarding the request from Eileen Butcher on behalf of the St. John Ice Arena requesting the Town to allow liquor consumption inside the arena during the hockey games. He stated that Chief Frego is recommending this not be allowed. Discussion ensued. Mr. Kil will call the Ice Arena primaries and follow up with a letter advising them of the Council’s decision. A copy of Chief Frego’s letter is attached, (Exhibit B). Mr. Forbes motioned to accept Chief Frego’s letter and to contact the Ice Arena’s primaries and inform them of the Council’s denial of alcohol consumption at the St. John Ice Arena. Seconded by Mr. Gembala. Motion unanimously passed.

Payment of Bills for the Corporation

APV’s #8950 - #9104 in the amount of $577,885.76 - Mr. Fryzel motioned to approve APV’s #8950 - #9104 in the amount of $577,885.76. Seconded by Mr. Forbes. Motion unanimously passed.

Public Comment –

None

Attorney Austgen thanked the town for the re-surfacing of Blaine Street.

Chief Frego stated that 350 children from three schools that are participating in the DARE program which is funded by donations, school contributions from the PTO’s and a grant the Town is seeking. He provided an overall of the program and stated that the Town needs to establish a DARE fund. Mr. Fryzel motioned to establish a DARE Fund. Seconded by Mr. Forbes. Motion unanimously passed.

Mr. Austgen referenced a proposal the Clerk’s office received for HR assistance and a review assessment of the current Town’s Personnel Policy Manual and policy procedures. He stated that the proposal package has been reviewed, the vendor has provided a Certificate of Insurance, and they also have the form of proposed contract. The Certificate of Insurance is in an acceptable order, and the contract needs a little tweaking. The not to exceed amount is $5,000 and it is contemplated to give a current read on the Town’s HR policies and the Personnel Policy Manual. Mr. Forbes motioned to approve the proposal contingent upon an acceptable contract in an amount not to exceed $5,000. Seconded by Mr. Volk. Motion unanimously passed.

Adjournment –

Mr. Barenie adjourned the meeting at 7:35 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

12-16-2010 Town Council

December 16, 2010 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 7:22 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; Ken Gembala, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance was Fred Frego, Police Chief and Fred Willman, Fire Chief. Absent were Michael Fryzel, Member and Chip Sobek, Parks Superintendent.

New Business

Ordinance #1527, for D.A.R.E. Program, special revenue non-reverting fund -
Mr. Forbes motioned to consider Ordinance #1527 on first reading. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.

Mr. Gembala motioned to adopt Ordinance #1527. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.

Ordinance #1528, prohibiting Synthetic Cannabinoid and providing penalties for same –
Chief Frego stated that they have not had any in the town as yet but it is a very good idea to adopt the Ordinance. Mr. Austgen stated that the synthetic materials and substances that are prohibited by this proposed ordinance are found to be somewhat and significantly deleterious to public health and safety. The Federal Drug Administration is presently in the process of evaluating although the test results have not been concluded. The history by the FDA on these substances - we know there is an emergency order or notice prohibiting such sale and possession and use. We also know this will be an initiative of the Indiana General Assembly in the upcoming session starting in January for regulation.

The ordinance presented to the Council provides for home rule legislation of prohibition subject to the jurisdiction of preemption that may or may not exist. It is fine, they do not think there is preemption but in the event it becomes preemption than your law becomes subject to or secondary to / subsequent to the Federal law or State law that is specific, this gives you coverage in the interim and your officers can enforce this ordinance by adoption.

Mr. Barenie stated that in The Action Lines, December issue, there was an article regarding this on page 14. Mr. Austgen stated that there is an open item on this ordinance that the Council needs to consider and that is the penal allowance on the third page for individuals as well as businesses. Mr. Forbes stated that this is in line with other communities in section 4, this deals with a person which ranges from $250.00 to $7,500.00 and for businesses in section 5 it’s a little higher with $750.00 being the low and $7,500.00 being the high which is consistent with other communities that have accepted this ordinance. Mr. Forbes motioned to consider Ordinance #1528 on first reading. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

Mr. Forbes amended the motion to include the dollar amounts for sections 4 and 5 discussed above. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

Ordinance #1529, 2011 Salary Ordinance for Municipal Employees -
Mr. Gembala motioned to consider Ordinance #1529 on first reading. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

Mr. Forbes motioned to adopt Ordinance #1529. Seconded by Mr. Gembala. Motion passed with a vote of 4 -0.

Consider “Drop Benefit” for Police Pension matters –
Mrs. Sury stated that once these checks are approved and distributed, the retirees would receive their monthly check. Mr. Kil stated that the drop amount would be $90,600 each. Their final paychecks will not be issued tomorrow; they will be issued the normal payday next week. Tomorrow’s check will be the drop benefit. Mr. Gembala motioned to authorize the Drop Pension Benefit Payment as applied for. Seconded by Mr. Forbes. Motion passed with a vote of 4 - 0.
Consider Total Patcher Emulsion Purchase Agreement with the Town of Cedar Lake -
Mr. Forbes motioned to approve the agreement and authorize the Town Council President to sign. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.
Resolution #10-12-16, a resolution for a Transfer of Appropriations (General Fund) –
Mr. Barenie said they have a significant amount of resolutions for transfers and he has not had enough time to review the year end transfers. He would like to defer all items except Resolution #10-12-16H. Mr. Barenie stated that the transfers are usually done the second meeting of the month and asked why they are being done this meeting. Mrs. Sury explained the process the Clerk’s office must follow and complete before the year-end close, which is why the transfer of appropriations were being done at this time. Discussion ensued. Mr. Forbes motioned to defer the transfer of Appropriation Resolutions (except #10-12-16H), to open the dockets and pay any outstanding invoices for the Corporation and to move the second meeting up from December 30th to December 29th and to pass Resolution #10-12-16H. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.
Resolution #10-12-16A, a resolution for a Transfer of Appropriations (MVH) –
Resolution #10-12-16 above
Resolution #10-12-16B, a resolution for a Transfer of Appropriations (EDC) –
Resolution #10-12-16 above
Resolution #10-12-16C, a resolution for a Transfer of Appropriations (Solid Waste) –
Resolution #10-12-16 above
Resolution #10-12-16D, a resolution for a Transfer of Appropriations (CATV) –
Resolution #10-12-16 above
Resolution #10-12-16E, a resolution for a Transfer of Appropriations (CCI) –
Resolution #10-12-16 above
Resolution #10-12-16F, a resolution for a Transfer of Appropriations (AMB Capital) –
Resolution #10-12-16 above
Resolution #10-12-16G, a resolution for a Transfer of Appropriations (PD Special) –
Resolution #10-12-16 above
Resolution #10-12-16H, a resolution for a Temporary Transfer and Loan of Funds (Cum Sewer to Metro Police Pension and General Fund) –
Motion passed; see Resolution #10-12-16 above.
Ordinance #1530, an ordinance amending the 2010 Salary Ordinance for Special Compensation –
Mr. Austgen stated that this is a special compensation to the 2010 Salary Ordinance recognizing the two long-term retiring police officers who have 34 and 35 years, respectively, of service. This is a recognition benefit on a one-time basis. Mr. Gembala motioned to consider Ordinance #1530 on first reading. Seconded by Mr. Forbes. Motion passed with a vote of 4 – 0.

Mr. Forbes motioned to adopt Ordinance #1530. Seconded by Mr. Gembala. Motion passed with a vote of 4 - 0.

Ordinance #1531, 2010 Indiana Bond Bank Roll-over Funding Ordinance -
Mr. Forbes motioned to consider Ordinance #1531 on first reading. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

Mr. Gembala motioned to adopt Ordinance #1531. Seconded by Mr. Forbes. Motion passed with a vote 4 - 0.

Ordinance #1532, 2011 Indiana Bond Bank Advance Funding Ordinance -
Mr. Forbes motioned to consider Ordinance #1532 on first reading. Seconded by Mr. Gembala. Motion passed with a vote 4 - 0.

Mr. Forbes motioned to adopt Ordinance #1532. Seconded by Mr. Gembala. Motion passed with a vote 4 - 0.

Reports & Correspondence

Town Council
Mr. Forbes congratulated the two officers on their retirement. The other council members commented on their service as well. Chief Frego thanked the officers for their years of service with the town.

Mr. Barenie stated that they received a thank you letter from the Highland Fire Department for assistance St. John gave them to a fire in Highland. He also received a thank you letter from the Cedar Lake Town Manager for one of Chief Willman’s employees helping out in Cedar Lake.

Mr. Forbes referenced the request from Jean Shepherd to continue the fire contract. Chief Willman stated that one of the stipulations last year; was that they would not have to add any staff or equipment and they did not have to. Mr. Austgen stated that since the contract is in the same form and a similar fashion as last year, the contract amount is the same along with the same service territory identified; he recommended that the Council consider action. Mr. Forbes motioned to accept the contract with the Trustee based upon verification of the service area and the fee schedule. Seconded by Mr. Gembala. Motion passed with a vote 4 - 0.

Clerk-Treasurer –
None
Staff
Chief Willman added the Fire Department’s congratulations to the two retirees.

Public Comment

Mr. Adrian Bugariu, 11747 West 90th Avenue – stated that he is not discussing items under litigation. He has new item regarding Bernie Johnson’s demotion from Captain to Sergeant and asked for clarification.

Lt. Kouder thanked the Council for taking good care of the Police and Fire Departments and the citizens for feeding his family for 35 years.

Adjournment –

Mr. Forbes motioned to adjourn the meeting. Seconded by Mr. Volk. Motion passed with a vote 4 - 0. Meeting adjourned at 7:59 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

12-29-2010 Town Council

December 29, 2010 Town Council Meeting Minutes

Mr. Barenie called the meeting to order at 7:06 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; Ken Gembala, 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: Minutes of the November 18, 2010 Regular Meeting -

Mr. Forbes motioned to approve the minutes of the November 18, 2010 Regular Meeting. Seconded by Mr. Gembala. Motion unanimously passed.

Public Hearing

Resolution #10-12-29, Additional Appropriations of various funds
Proofs of Publication – Mr. Austgen stated that the Proofs of Publication are in order. The legal notice in the newspaper has been made timely; the Notice of Public Hearing posting has been made as required by law. The public hearing is properly advertised and needs to be published in only one paper.

Town Council Comments – None

Open to the Floor for Public Comment – None

Closed to the Floor

Town Council Action – Mr. Fryzel motioned to adopt Resolution #10-12-29. Seconded by Mr. Forbes. Motion unanimously passed.

New Business

Resolution #10-12-29A, Transfer of Appropriations within Department and into Other Departments –
Mrs. Sury explained the need for the transfers within the departments and the transfers to the other departments within the fund. Mr. Forbes motioned to approve Resolution #10-12-29A for the Transfer of Appropriations. Seconded by Mr. Volk. Motion unanimously passed.
Resolution #10-12-29B, Transfer of Appropriations pursuant to I.C. 6-1.1-18-6 –
Mrs. Sury stated that this Transfer of Appropriation Resolution contained all the individual resolutions previously submitted at the last meeting instead of having an individual resolution for each fund. Mr. Forbes motioned to approve Resolution #10-12-29B. Seconded by Mr. Volk. Motion unanimously passed.
Resolution #10-12-29C, resolution authorizing the Clerk-Treasurer to Encumber Various Funds to be utilized and expended in 2011 –
Mrs. Sury summarized what is included in this resolution. Mr. Fryzel motioned to adopt Resolution #10-12-29C. Seconded by Mr. Gembala. Motion unanimously passed.
Resolution #10-12-29D, a resolution for Extension of Temporary Loan of Funds –
Mrs. Sury gave a brief overview of the resolution. Mr. Forbes motioned to adopt Resolution #10-12-29D. Seconded by Mr. Fryzel. Motion unanimously passed.

Election of Officers

Mr. Volk motioned to nominate Michael Forbes as Council President for 2011. Seconded by Mr. Gembala. Motion unanimously passed.

Mr. Gembala motioned to nominate Mark Barenie as Vice-President for 2011. Seconded by Mr. Forbes. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Barenie thanked Public Works, the Council members, the Department Chairs and staff members. Mr. Fryzel also thanked everyone for their hard work and dedication.
Clerk-Treasurer
Ms. Sury stated that Christmas in the Park was in the red, however; she just received the following donations that were received in November for a total amount of $1,000 and that these donations brought the fund back into a positive balance for the end of the year:

Northwood’s $450.00
Judith Stahlhut 100.00
Riverdale 100.00
Alkon 300.00
First United Bank 50.00

She also stated that the write off bad debt for utility billing for 2010 was $392.19, bankruptcy filings in the amount of $722.12 and a yearly water/sewer billing total of $3,861,017.62. Ms. Sury stated that her department has been working very hard to collect every dime they possibly can. They have been able to divert the non-payments of utility bills when accounts (utility customers) were entering into the foreclosure process of their residences and this dedication has decreased the potential bad debt that would have been included in the approximate amount of $1,796.66. In view of the present economy, they have done a tremendous job.

Staff
Chief Willman gave the November Activity Report. He also read a statement thanking the Council, Attorney Austgen and his staff, Public Works, and mentioned the good working relationship between the Fire Department and Police Departments for their support.

Chief Frego gave the November Activity Report. He also thanked the Council for their cooperation and help throughout 2010.

Mr. Austgen stated that there is an additional item that the Clerk and he request be added for consideration by the Council. He stated that Attorney Maish is special counsel to the Town on special matters and he is not yet acclimated to the billing procedures and submitted a billing invoice at the beginning of the month that did not get processed into the claim docket. He talked to Mr. Kil this evening, he also talked to Mrs. Sury and they now have the invoice. Mr. Maish is now acclimated to those processes including the execution of the W-9 yesterday. They request the Council’s consideration of adding the claim invoice for Maish & Mysliwy in the amount of $1,363.50. Mr. Fryzel motioned to add the claim invoice for Maish & Mysliwy in the amount of $1,363.50. Seconded by Mr. Forbes. Motion unanimously passed.

Payment of Bills for the Corporation

APV’s #9105 - #9351 for $3,385,869.45 – Mrs. Sury gave a brief summary as to why the bills were so high this month. Mr. Fryzel motioned to approve APV’s #9105 - #9351 for $3,385.869.45. Seconded by Mr. Forbes. Motion unanimously passed.

Public Comment

Mr. Busch, 10178 Walsh Street - asked what percentage of the budget was transferred. Ms. Sury stated that she did not prepare a grand total for all of the appropriations that were transferred to and within the funds.

Adjournment –

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

ATTEST:

__________________________
Sherry P. Sury, Clerk-Treasurer

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