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Town Council Meeting Minutes 2011

Meeting Minutes

01-13-2011 Town Council

January 13, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:01 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, 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 and Fred Willman, Fire Chief. Absent was Ken Gembala, Member and Chip Sobek, Parks Superintendent.

New Business

Tri-Town Safety Village – Annual Donation –
Mr. Barenie motioned to authorize the annual donation of $2,000.00 for the Tri-Town Safety Village. Seconded by Mr. Fryzel. Motion passed with a vote of 4 – 0.
2011 St. John Fire Department Roster –
Mr. Fryzel motioned to approve the official roster as submitted by the Fire Chief. Seconded by Mr. Volk. Motion passed with a vote of 4 – 0.
Resolution #11-01-13, a resolution of write-off Uncollectible Bad Debt –
Discussion ensued. Mr. Kil stated that the amount is consistent and referenced the timeframe of the write offs every six months. Attorney Austgen referenced the ambulance service and stated that the debt was from Bankruptcy filings, Medicare/Medicaid along with other circumstances that necessitated the need to write-off the bad debt. Mr. Fryzel motioned to adopt Resolution #11-01-11.Seconded by Mr. Barenie. Motion passed with a vote of 4 – 0.
Board and Commission Appointments –
Mr. Forbes stated that he wanted to hold off on the resident appointments for the Sanitary District, Waterworks District, BZA and Park Board. He asked if there were any objections to Mr. Volk, himself and Mr. Redar remain as Staff Appointments for the Plan Commission. Mr. Fryzel motioned to continue to Staff Appointments as referenced. Seconded by Mr. Barenie. Motion passed with a vote of 4 – 0. Mr. Forbes asked if the liaison assignments should remain the same and for clarification stated that Ken will be on the Police Commission and he would be going back to the Sanitary/Waterworks Districts. He stated that the other appointments would be taken up at the next meeting.
Consider approval of Gates Pod 1D Letter of Credit in the amount of $15,400.00 (favorable recommendation from Plan Commission) –
Mr. Fryzel motioned to accept the Letter of Credit in the amount of $15,400.00. Seconded by Mr. Barenie. Motion passed with a vote of 4 – 0.
Consider Gates Pod 1C Letter of Credit reduction to $44,700.00 (favorable recommendation from Plan Commission) -
Mr. Fryzel motioned to accept the reduction of the Letter of Credit to $44,700.00. Seconded by Mr. Volk. Motion passed with a vote of 4 – 0.

Reports & Correspondence

Mr. Forbes stated that in regards to the Ethics Ordinance, Hyles-Andersen cannot find a full time St. John employee. He asked if there could be a change from a full time employee to a part time employee being appointed and have five years experience. Discussion ensued and the ordinance amendment will be ready for the next meeting.

Mr. Forbes referenced the ongoing discussion regarding the safety manual for the Department of Public Works. He asked if they wanted to handle this in house or outsource it to have a manual created. Mr. Austgen stated that they did some leg work on this in the late fall of last year and referenced the information gathered as well as reach out to NIRPSC to investigate exactly what was out there. He referenced the continuing process of the in-house training and the suggestion raised was that there be a more formal protocol manual, guides, whatever within the department so that that there is a regular resource available to all employees and new employees that come in. This would be a document that can be built on. Discussion ensued regarding contacting IACT, IOSHA and other agencies, the type of document, organization of information obtained and a timeframe to include a reasonable time for completion within 90 days with a draft in 60 days or March 10, 2011.

Mr. Forbes stated that Mark started the health insurance review last year and this is an ongoing process. Mr. Barenie stated that they requested bids from IACT, as well as talk with the Braman Agency and possibly another broker. Discussion ensued.

Mr. Forbes referenced the request he received from the Police Commission/Police Department to hire a new officer to replace one of the two that retired. He asked for a motion to that affect. Mr. Barenie motioned to hire a new police officer. Seconded by Mr. Volk. Motion passed by a vote of 4 – 0.

Mr. Forbes congratulated Officer Demeter on his promotion to sergeant.

Mr. Kil referenced the information in their packets regarding the memorial service on February 20, 2011, at Kohling School for Town Marshal James Larimer and Trooper John J. Streu. Mr. Austgen suggested that Chief Frego attend the parole hearing for the individual convicted of murdering Marshal Larimer and Trooper Streu, as Mr. Tuley has passed away. Mr. Fryzel motioned that Chief Frego attend the parole hearing on February 8th. Seconded by Mr. Volk. Motion passed with a vote of 4 – 0. Discussion ensued and Mr. Kil will also compose a letter from the Town Council to be presented to the parole board.

Public Comment

Mr. John Corbett, 11541 97th Lane – stated that he previously worked for the steel industry and referenced the intense safety training at the mills and how often the manuals had to be updated.

Mr. Adrian Bugariu, 11747 W. 90th Ave – stated that we wants his camera and the key to his house returned.

Adjournment –

Mr. Fryzel motioned to adjourn the meeting. Seconded by Mr. Volk. Motion unanimously passed. Meeting adjourned at 7:30 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

01-27-2011 Town Council

January 27, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:01 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Gregory Volk, Member; Michael Fryzel, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance were Fred Willman, Fire Chief and Chip Sobek, Parks Superintendent. Absent were: Mark Barenie, Vice-President, Ken Gembala, Member and Fred Frego, Police Chief.

Approval of the minutes: Executive Session of December 16, 2010 and Regular Meetings of December 16th and December 29th, 2010 -

Mr. Volk motioned to approve the minutes of the December 16, 2010 Executive Session; and the December 16th and December 29, 2010 Regular Meetings. Seconded by Mr. Fryzel. Motion passed with a vote of 3 - 0.

New Business

Consider Professional Services Agreement with Robinson Engineering, Ltd. –
Mr. Forbes stated that they asked all their consultants to hold their rates at the 2010 level and they all agreed to do that. However, the agreement they have in their packet from Robinson Engineering reflects an increase. He distributed the corrected agreement from Robinson Engineering with the 2010 rates for approval. Mr. Fryzel motioned to approve the agreement and authorize the Town Council President to sign. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Consider Professional Services Agreement with Austgen-Kuiper & Associates –
Mr. Forbes stated that these are the 2010 rates. Mr. Volk motioned to approve the agreement and authorize the Town Council President to sign. Seconded by Mr. Fryzel. Motion passed with a vote of 3 - 0.
Consider Professional Services Agreement with Cender & Company LLC -
Mr. Forbes stated that these are the 2010 rates. Mr. Fryzel motioned to approve the agreement and authorize the Town Council President to sign. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Board and Commission Appointment -
Mr. Forbes recommended Mr. John Rainwater for a four year term on the Park Board, he is a Republican; for the Sanitary and Waterworks Board he recommended Mr. Richard Setlak, who is a Democrat. He stated that Mr. Setlak will be completing Mr. Gembala’s term which ends December 31, 2012. For the resident appointment to the Board of Zoning Appeals he recommended Mr. Pete Monnix with a term ending December 31, 2014, he added that political affiliation does not matter on the BZA. He also recommended Mr. Steve Hastings as the Town Council appointment to the BZA for a term ending December 31, 2011. Mr. Fryzel motioned to approve the appointments recommended by Mr. Forbes. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Appointment of Town Council Members to Redevelopment Commission -
Mr. Fryzel motioned to appoint the Town Council members as the Redevelopment Commission. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.
Consider Ordinance #1533, an ordinance amending the Town Ethics Ordinance –
Mr. Forbes stated that this is to change the wording of the Ordinance to allow a part time employee be appointed to the Ethics Committee from Hyles-Anderson. Mr. Fryzel motioned to consider Ordinance #1533 on first reading. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Mr. Volk motioned to adopt Ordinance #1533. Seconded by Mr. Fryzel. Motion passed with a vote of 3 - 0.

Consider Resolution #11-01-27, a resolution authorizing entry into Joint Interlocal Cooperation Agreement with Town of Schererville (Building Inspection / Permit Review Services) -
Mr. Fryzel motioned to adopt Resolution #11-01-27. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0. Mr. Forbes stated that they received an invoice from Schererville. There is an amount of $1,923.73 that St. John owes Schererville. Mr. Kil verified for the record that the true-up has been exchanged between Schererville and St. John and that it’s verified, it’s accurate and payment is being made accordingly as contemplated by last year’s resolution.
Consider annual CF-1 Form for Perm Industries, Inc. – Development at 9660 North Industrial Drive –
Mr. Forbes stated that there is a little mix up in the paperwork. The approval for the CF-1 Form should be for the 9860 address. Mr. Kil stated that Mr. Lee Milazo, the owner, has two corporations and that they were granted tax abatements. One was Perm Industries in 1996 that has long since expired and the other was a five-year abatement granted in 2006 with this being the last year. That company name is Relentless, LLC. In a clerical error Mr. Wyllie presented the wrong CF-1 form. This item can be considered in the February 11th meeting. Mr. Fryzel motioned to defer to the February 11th meeting. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Reports & Correspondence

Town Council –
None
Clerk-Treasurer –
None
Staff
Mr. Kil stated that he received an agreement from the Township Trustee for the Senior Citizen Drop-In; that item will be on the February 11th meeting agenda. He also completed the analysis for 2010 and distributed a building permit data sheet.

Mr. Kil read the Police Departments Monthly Report for Chief Frego who is attending a conference.

Chief Willman read the Fire Department Monthly Report. Mr. Forbes added he received a letter from the Schererville Fire Chief Kruzan thanking Chief Willman and the St. John Fire Department for their assistance with a structure fire on January 19th.

Mr. Sobek stated that the Spring Program Flyer will be going out with the next water bill and they are working on the summer programs.

Mr. Forbes asked Mr. Kil about the electronic recycling program. Mr. Kil stated that will be ready for the February meeting. He said the plan is to have a bin at Public Works for electronic equipment. The vendor will pick up the bin when it is full. Mr. Forbes asked that Mr. Kil get the word out to the residents so they don’t leave their electronics out on the street. Discussion ensued.

Payment of Bills for the Corporation

APV’s for 2010 - #9352 - #9354 for $586,704.98 & APV’s for 2011 - #7000 - #7197 for $2,234,780.83 Total $2,821,485.81 - Mr. Fryzel motioned to approve the January 27, 2011 docket in the amount of $2,821.485.81. Seconded by Mr. Volk. Motion passed with a vote of 3 - 0.

Public Comment

Mr. Tom Busch, 10178 Walsh St - asked if everyone needed to sign the Ethics Ordinance again now that it has been amended. Mr. Forbes stated that it is not necessary. He added that two of the four members appointed were Dr. DeVries from Lake Central; and one from the Chamber of Commerce, David Vineyard. With the action they are taking tonight, they would allow the third member to be nominated by Hyles-Anderson and they are waiting for Hanover Schools.

Adjournment -

Mr. Fryzel motioned to adjourn the meeting. Seconded by Mr. Volk. Motion passed 3-0. Meeting adjourned at 7:25 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

02-10-2011 Town Council

February 10, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, Vice-President; Gregory Volk, Member; Ken Gembala, Member; Tim Kuiper for 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

Consider annual CF-1 Form for Relentless, Inc. – Development at 9680 Industrial Drive -
Mr. Barenie motioned to accept Form CF-1 as presented. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.
Consider North Point – Unit 2, Reduction in Letter of Credit to $34,650.00 (Favorable recommendation from Plan Commission) -
Mr. Gembala motioned to accept the Reduction in Letter of Credit to $34,650.00. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Consider contract with St. John Township Trustee for the maintenance and operation of the Senior Citizen Bus – Fifteen Hundred Dollars ($1,500.00) -
Mr. Barenie motioned to accept the contract with the St. John Township Trustee for the maintenance and operation of the Senior Citizen Bus for $1,500.00. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.

Reports & Correspondence

Town Council
Mr. Forbes thanked the Department Heads in preplanning for the snowstorm and their work during the snowstorm. He referenced the previous discussion regarding paying the workers rather than comp time since so much comp time has already been built up. This would be for the snowstorm only. There is a total of $8,177.12 in comp time for the Public Works Department, 13 hours of comp time for the Police Department, and none for the Fire Department. Discussion ensued. Mr. Barenie motioned to approve payment of comp time from the snowstorm. Seconded by Mr. Volk. Motion passed with a vote of 4 - 0.
Staff
Chief Frego stated that he testified in front of the Parole Board on February 7th to ask that they deny parole to Robert Lee who killed Marshall Larimer. He stated that his parole was denied and that on Sunday, February 20th at 1:00 P.M. on the 40th anniversary of the murder, there will be a memorial service at Kohling School.

Public Comment

Mr. Adrian Bugariu, 11747 West 90th – referenced his numerous requests and would like to know if a decision has been made. Mr. Forbes told Mr. Bugariu that he has advised him in the past, they cannot discuss that.

Mr. Nick Georgiou, 10448 White Water Crossing – stated that he is here on behalf of the St. John Chamber of Commerce regarding the Route 41 banner program. They anticipate having the first batch of banners ready (16-18 banners) and would like to know who and how they would work with the Town to install the banners. The Chamber would also love to see representatives from the Town at the Chamber meetings. Mr. Forbes told him to work with Mr. Kil to coordinate the installation of the banners.

Mr. Jeffrey Bagherpour, 8347 Heron Lake Road – referenced the gate behind the school, it has been left open and there is a lot of traffic going through the neighborhood. He asked who can they talk to. Discussion ensued. Chief Frego will contact the school.

Adjournment –

Mr. Volk motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion passed with a vote of 4 - 0. Meeting adjourned at 7:19 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

02-24-2011 Town Council

February 24, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:00 P.M. he asked that everyone remain standing after the Pledge of Allegiance for a Moment of Silence in remembrance of Mr. Michael Hanlon, a member of the Sanitary Board, a long time servant to the Town who recently passed away. Mr. Forbes led the Pledge of Allegiance followed by a Moment of Silence for Mr. Hanlon. Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, Vice-President; 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; Fred Willman, Fire Chief and Chip Sobek, Parks Superintendent. Absent was Board Member Gregory Volk.

Approval of minutes: January 13, 2011 Regular Meeting and January 27, 2011 Regular Meeting -

Mr. Barenie motioned to approve the minutes of the January 13, 2011 and the January 27, 2011 Regular Meetings. Seconded by Mr. Fryzel. Motion passed with 3 ayes and 1 abstention by Mr. Gembala. Swearing-In Ceremony: Officer Dave Rybicki - Ms. Sury administered the Oath to Officer Dave Rybicki.

New Business

Consider approval of Release and Settlement Agreement with K-9 Officer Steven Flores -
Mr. Fryzel motioned to approve the Release and Settlement Agreement and authorize the Town Council President to sign. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.
Consider approval of the annual contract with the St. John Volunteer Fire Department -
Mr. Barenie motioned to approve the annual contract and authorize the Town Council President to sign. Seconded by Mr. Fryzel. Motion passed with 3 ayes and 1 abstention by Mr. Gembala.
Consider approval of the Town Dispatching Service Agreement with the Lake Hills Volunteer Fire Department -
Mr. Fryzel motioned to approve and authorize the Town Council President to sign. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.

Reports & Correspondence

Town Council
Mr. Forbes stated that there are four requests for purchases related to the emergency snowplow removal from the blizzard for the front-end loaders. Mr. Fryzel stated that he has an exception for one of the requests, which they will address separately, R&R Excavating for $11,285.00. The remaining three bills were from V&H Excavating in the amount of $8,620.00; Nelson Construction in the amount of $1,650.00 and Metro Excavating in the amount of $9,180.00 for a total $19,450.00. Discussion ensued. Mr. Fryzel motioned to approve the above invoices for V&H Excavating, Nelson Construction and Metro Excavating for a total amount of $19,450.00. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Mr. Forbes stated that there was also a request to purchase 8,500 gallons of fuel for the Town in the amount of $23,237.50. Mr. Barenie motioned to approve the request to purchase fuel in the amount of $23,237.50. Seconded by Mr. Fryzel. Motion passed with a vote of 4-0.

He stated that there was also a request from the Fire Department to upgrade the trucks with the high-pressure system. There was money left over from the grant for the breathing apparatus; a residual of approximately $9,337.00 that could be used to enhance the project that the department chose to use to upgrade the pressure system on the fire trucks from a low-pressure system to a high-pressure system; however, they need an additional $2,334.00. Mr. Gembala motioned to approve the additional $2,334.00. Seconded by Mr. Barenie. Motion passed 4-0.

Mr. Fryzel stated that there were several complaints regarding the snow removal of R&R Excavating. Mr. Gembala motioned to table the payment of this invoice until the next meeting. Seconded by Mr. Barenie. Motion passed 4-0. Discussion ensued and Mr. Kil will follow up with R&R Excavating.

Mr. Forbes stated that for informational purposes the latest Lake County Solid Waste Management Meeting discussed the ongoing ethanol plant, the Interlocal Agreement and the anticipated fees. Mr. Austgen stated, as future information, any action would require a resolution and a public meeting.

Mr. Forbes stated that he would like to change the sign that is posted on properties for the public hearings to state “See the Town website” for the time and date rather than change the signs every time. This would be a timesaver for Public Works employees, as they must change the sign for every hearing. He also complimented Chief Frego on the memorial for the two officers; it was very good.

Clerk-Treasurer
Ms. Sury referenced the many years of service Mr. Hanlon gave to the Town as a reserve officer and Utility Board Member and that he will be missed. She also stated that she attended the memorial for the two officers and spoke with Mrs. Larimer after the service who was very appreciative that the Town, Police Department and Fire Departments remembered the officers and added that it was a beautiful, moving service.
Staff
Mr. Kil provided the dates of the Town-wide Garage Sale for this spring to be April 28th – May 1st. He stated that he is very frustrated with the garage sale maps and having to identify properties with color-coded circles. Mr. Kil stated that the residents keep changing their minds and he has gotten to the point where it is impossible to keep updating the map due to changes. He stated that they will advertise it, does not want any registration, everyone knows the garage sale is at this time and there will be no permits. He stated that he is thinking about doing an address listing. Discussion ensued. Mr. Fryzel motioned to approve. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.

Mr. Kil also stated that almost all of the vendors are registered and ready for the Farmer’s Market.

Chief Willman read the January Monthly Report for the Fire Department.

Chief Frego read the January Monthly Report for the Police Department.

Payment of Bills for the Corporation

APV’s #7198 - #7391 for $1,891,198.18 - Mr. Barenie motioned to approve payment of the bills for the Corporation APV’s #7198 - #7391 in the amount of $1,891,198.18. Seconded by Mr. Fryzel. Motion passed with a vote of 4-0.

Public Comment

Mr. Dan McClure, 8317 Heron Lake Road – Thanked Chief Frego for his help in getting the back gate closed at the school. He also mentioned that Lake Central does not have access rights to his street he has the plat. Mr. McClure stated that he has information from the Indiana Department of Revenue regarding the definition of a commercial road and what types of vehicles are considered commercial vehicles. School buses are considered commercial; the road must have 2” of thickness and is asking for the help of this Council or future Councils. Discussion ensued. Mr. Austgen stated that he would check on the information Mr. McClure cited regarding the roads.

Adjournment –

Mr. Fryzel motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion passed with a vote of 4-0. Meeting adjourned at 7:33 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

03-24-2011 Town Council

March 24, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:01 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, 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 Willman, Fire Chief. Absent were Fred Frego, Police Chief and Chip Sobek, Parks Superintendent.

Mr. Martin Dzieglowicz of American Legion Post #369 along with Legion First District Commander John Rassbach presented the Town of St. John with a Certificate of Appreciation in recognition of the Town flying the POW flag.

Approval of minutes: February 10, 2011 Regular Meeting and February 24, 2011 Regular Meeting –

Mr. Barenie motioned to approve the minutes from the February 10th and the February 24th meetings. Seconded by Mr. Fryzel. Motion unanimously approved.

New Business

Ordinance #1534, an ordinance amending Ordinance No. 1252, providing standards requirements for “Traffic Circles” (favorable recommendation from Plan Commission) –
Mr. Volk stated that this is an amendment to the current subdivision control ordinance. It concerns the traffic circles in some of the subdivisions in Town; they made considerable changes, the size changed and the radius so fire trucks and bigger trucks can get around it. The construction of the road and speed signs were addressed. Mr. Forbes added that there was a favorable recommendation from the Plan Commission and the Plan Commission held a public meeting. Mr. Austgen stated that this is a single reading adoption only. Mr. Fryzel motioned to approve Ordinance #1534. Seconded by Mr. Barenie. Motion unanimously passed.
Ordinance #1535, an ordinance providing for Electronic Bill Payments through “PayGOV” –
Mr. Forbes stated that this service will be provided to the residents through the Clerk’s office. It is basically a pay as you use service. The town is hands off with this; it protects the users of the service from a user information standpoint.

Ms. Sury confirmed that this will be used for utility bills only at first and will expand for other payments in the town. Mr. Gembala asked if this will be used to make credit/debit card payments for utilities and the company takes care of all the paperwork and payments. Ms. Sury explained that residents will be able to pay online, in person, or on the Internet. The company deposits the money every night in a special municipal account that will be set up, and every morning the company will send the Clerk’s office a report with the payments that were made that will include the utility account numbers, and the amounts paid. The payments will be posted to their accounts with the payment splits as to trash, sewer and water. Then the fees collected will be transferred from the municipal holding account as designed to the specified trash, sewer and water accounts. The same process would be done when we would accept payments for park programs, etc. they would all be coded as to the type and not comingled. She stated that we would not be involved with any credit card numbers, so with the Red Flag Regulations, we don’t have to worry about adding any extra security. If they want to pay by phone, they provide their card number directly to the company using the toll free number they handle everything. Ms. Sury stated that all we will have in our office is the machine for the swipe card and we will have no access to their account numbers. She added that in the event of a potential utility shut off, the town can find out within 15 to 20 minutes if a credit card payment made through PayGOV was good to avert the shutting off of the utilities. Mr. Forbes stated that it was a very positive service that we can offer.

Ms. Sury stated that a lot of the municipalities in Indiana are with them, and mentioned the towns that are utilizing this service. She referenced the different options and services that are available. She stated that this service was convenient and only the customers utilizing their credit/debit cards for payments pay the transaction fees. Mr. Forbes stated that with this service the transaction fees would be not spread out to all the customers. He stated that there was also a resolution from the Sanitary Board and the Waterworks Board supporting the use of credit cards as a form of payment for the utilities. Mr. Gembala asked if the normal method of paying by cash or check remains the same, and the use of credit/debit cards is not a requirement, only an option. Mr. Forbes confirmed that yes; any form of payment can be made. Mr. Gembala motioned to consider Ordinance #1535 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Fryzel motioned to adopt Ordinance #1535. Seconded by Mr. Gembala. Motion unanimously passed.

Mr. Austgen stated that the agenda is misleading on this item that the Ordinance is providing for Electronic Bill Payments through “Pay Gov”; actually, the Ordinance adopted the alternate method of payment as described here as permitted by the Indiana Code. It also mentions the Town Council President’s authority to enter into a contract; to contract with a vendor the alternate payment methods that have been indicated here. So they have a second act to undertake if they want to commence the contractual relationship with PayGOV but it’s now authorized by ordinance that you do so. He suggests that the Council motion to enter into a contract with PayGOV even though the contract presented needs some work. Discussion ensued. Mr. Fryzel motioned to enter into a contract with the PayGOV Service contingent upon the agreement with the St. John Town Attorney. Seconded by Mr. Volk. Motion unanimously passed.

Authorization to bid a new Snow Plow –
Mr. Forbes stated that this is for a complete truck: truck, plow, bed, and salt spreader. The only thing that is not there is the radio, which would be an additional $600-$700 over what the bids come in as. Discussion ensued. This can be done either direct purchase or lease purchase. Mr. Gembala stated that he looked at the equipment and there is one truck on its last leg, it is a 1984 and is basically unusable so this is a required replacement. Mr. Fryzel motioned to authorize bidding for a replacement truck. Seconded by Mr. Gembala. Motion unanimously passed. Discussion ensued as to the time- frame for the notice to bidders, the methods of purchase and the payment to be from the CCD fund.
Consideration and discussion of the issuance of a Memorandum of Understanding (MOU) for the purpose of a Swat Team –
Mr. Forbes stated that a copy of the memorandum is in the Council members’ folder. Discussion ensued whether a resolution is necessary. Mr. Austgen stated that he has worked with Chief Frego on this for several months. The terms of the agreement are satisfactory; they meet the legal requirements for such an agreement and the initiative that is proposed. It is his understanding from his discussion with the Chief that he would review this with the Board, the fiscal impacts, personnel impacts and the other things that pertain to it as they relate to their department. Apparently he has, it now requires a resolution to adopt. Discussion ensued. Mr. Gembala motioned to defer to the next Town Council meeting. Seconded by Mr. Volk. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Forbes referenced the invoice for R&R Sewer, Water & Excavating that was hired to remove snow during the blizzard. He stated that Mr. Fryzel’s questions have been answered. Mr. Fryzel motioned to approve payment of the invoice from R&R Sewer, Water & Excavating in the amount of $11,285.00. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Kil asked for authorization to dispose of a Public Works vehicle that has been inoperable for some time due to a broken steering column. He asked the Council to declare the vehicle worthless and authorize him to scrap it. Mr. Barenie motioned to approve the removal and disposal of the pickup truck. Seconded by Mr. Fryzel. Motion unanimously passed

Clerk-Treasurer
Ms. Sury thanked the Council for passing the ordinance for the credit cards. She stated that for the customers that want it, it will make their life easier. It will also be reassuring to the utility billing customers and resident taxpayers that their money is not being used to pay convenience fees for the others. She stated that they will get it all worked out, will notice it on the utility billing and be ready to go subject to the contract being taken care of. Ms. Sury stated that she would postpone the scheduled installation on Tuesday, have them work with Mr. Austgen to get the contract taken care of and then move forward.

She asked permission to use the Public Works Building on Election Day, as a polling place for Precinct’s #2, #4, and #10. Mr. Fryzel motioned to authorize the use of Public Works Building for the May 3rd Primary. Seconded by Mr. Volk. Motion unanimously passed. Discussion ensued whether the VFW will also be used as a polling place for the residents of Tiburon and Grouse Pointe.

Mr. Forbes mentioned that the Town Wide Garage Sale will be April 28th through May 1st. No registration is required and does not count against the maximum number of garage sales that they can have in town.

Staff
Chief Willman gave the February Activity Report for the Fire Department.

Payment of Bills for the Corporation -

Mr. Volk motioned to approve APV’s #7392 - #7562 in the amount of $1,135,132.92. Seconded by Mr. Fryzel. Motion unanimously passed.

Public Comment

Ms. Therese Smierciak, 11904 West 107th Place, Weston Ridge – Stated that she is concerned about the pending placement of three story Statue of Mary being placed in the parking lot upon arrival on April 10 at the St. John Church for two years before its permanent placement at the Shrine. She stated that she lives in the first townhouse next to the house owned property facing the parking lot and is concerned about her view being blocked and the lights that will illuminate that statue do not shine onto her property. Ms. Smierciak stated that she would not be concerned if it would be for a month or two months and asked to take into consideration the little gal of the town. She thanked the council for hearing her.

Mr. Adrian Bugariu, 11747 West 90th Ave – Asked for information on who approved the installation of expensive street lights on Wall Street and along 90th and Patterson, replacing the NIPSCO lights with the fancy lights. He stated that this is wasting money. Second, he referenced the $90,000 for the retirements of Officers Kouder and Chapranda and asked where the money came from. Third, he asked who approved over $800 for the toy for Fryzel’s Hummer.

Ms. Vanessa Knutsen, 11745 West 105th Street – Stated that she agrees that the traffic circles are a good idea. She is concerned about the Gates of St. John signage – some of the drivers are confused. She asked if there are plans to bring the signage up to date. Mr. Forbes stated that they will review all of their signs. Mr. Kil added that they have signs and need to wait until the ground is ready. Discussion ensued.

Mr. Bugariu – Referenced the triangle (entrance) by Walgreens, and stated that there is a problem with (a/k/a) pork chops the right in and right out directions and would like them eliminated. Mr. Forbes stated that INDOT will not allow an intersection within a certain distance of another intersection, the reason for the right in and right outs. Discussion ensued.

Adjournment –

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

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

04-21-2011 Town Council

April 21, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:02 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, 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; Fred Willman, Fire Chief and Chip Sobek, Parks Superintendent. Absent was Michael Fryzel, Member.

Presentation: St. John Lions Club –

Mr. Al Konieczka and Mr. Sam Zurich presented a check for $2,500 to Chief Frego to purchase a protective vest for the Interlocal SWAT team with the Town of Munster. Mr. Forbes thanked the Lions Club for their donation.

Approval of minutes: March 24, 2011 Regular Meeting -

Mr. Gembala motioned to approve the minutes of the March 24, 2011 Regular Meeting as posted. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

New Business

Consider request from St. John the Evangelist for annual festival –
Mr. Forbes stated that every year St. John participates in this; their request is for picnic tables, traffic control sign, and the Police Department is involved (off duty officers paid by the festival). Mr. Barenie motioned to accept the request as written and read by the Chair. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Resolution #11-04-21, a resolution regarding entry into a Joint Interlocal Cooperation Agreement –
Mr. Forbes stated that this is the SWAT agreement with Munster. Mr. Austgen added that this is a Resolution that is required by Statute for entry into an Interlocal Agreement and it has been drafted and prepared so that it contemplates the immediate agreement entry between St. John and Munster, and contemplates the expansion as time goes on into other communities that are interested in participating. Mr. Gembala motioned to adopt Resolution #11-04-21. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.
Consider replacement Letter of Credit for Three Springs – Phase 2, in the amount of Four Hundred Ninety-Four Thousand Five Dollars and Sixty-Cents ($494,005.60) (with a favorable recommendation from the Plan Commission) –
Mr. Volk stated that this is just a renewal letter. Mr. Volk motioned to accept the Letter of Credit for Three Springs – Phase 2. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.
Consider Northwest Indiana Local Elected Officials’ Workforce Service Area Agreement –
Mr. Austgen stated that this is an initiative that was at one time inclusive of various towns and government units in Lake County and Northwest Indiana. It disappeared for a while and now has reappeared. Mr. Kil was contacted by the Chair and the entity and he has reviewed the regulations. The Council’s agreement simply supports the initiative and the activity, and also permits the appointment of Commissioner Gerry Scheub to the local board who recommended entry into this. Mr. Barenie 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.
Ordinance #1536, an ordinance amending the 2011 Salary Ordinance for Animal Control -
Mr. Gembala motioned to consider Ordinance #1536 on first reading. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Mr. Barenie motioned to adopt Ordinance #1536. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Proclamation for “Fibromyalgia Awareness Day” on May 12, 2011 –
Mr. Forbes read the proclamation. Mr. Barenie motioned to authorize the signature of the Town Council President for the Proclamation of Fibromyalgia Awareness Day. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Reports & Correspondence

Town Council
Mr. Barenie stated that he had good news for the Town. Cender & Company reviewed the bonds issued in 1998, taxes were even for that District (Ravenswood) and they now have a surplus of $76,000 that is to be used towards the repair and pavement of roads in that District area. He stated that there is also $246,500 left that can be used anywhere in the Town, there are some stipulations; however, they can be used for road improvements, parks, etc. Mr. Austgen stated that the money will be available for use once the distribution of property tax has been made and went over the accounts involved. This is a last use of funds for this District. Mr. Forbes stated that this is basically retiring this district – the money from this district will go back to the entity’s that should be receiving the money.

Mr. Kil asked the Council to authorize the Public Works Department to begin inspecting the roads in Ravenswood. Mr. Barenie authorized the Public Works Department to begin the review of road projects in Ravenswood for pavement. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Mr. Barenie asked Mr. Sobek to look into areas for potential locations for new parks, including the Renaissance area

Clerk-Treasurer –
None
Staff
Mr. Austgen provided an update on the status of the Safety Manual and stated that it is in near final form, it is ready for implementation and dissemination in the Public Works Department and to begin training.

Mr. Austgen stated that the review of the credit card payment agreement has been drafted; there are still some items to complete. It is in much better form and much better content. His recommendation is that the Town Council authorize the Town Council President to execute and the Clerk-Treasurer to attest entry into the agreement upon Mr. Austgen’s office completing the revisions that are recommended for the benefit the Town and the citizens. Mr. Volk motioned to execute the PayGov contract upon review by Mr. Austgen or his office and authorize the Town Council President to sign. Seconded by Mr. Barenie. Motion passed with a vote of 4-0. Mr. Gembala confirmed that this would also be used to pay for EMS service.

Chief Frego gave the March Monthly Report for the Police Department.

Chief Willman gave the March Monthly Report for the Fire Department.

Mr. Forbes stated that Bob Davis of the Public Works Department has been surveying the roads in Town to see where repairs are needed. There is about 200,000 square feet of patching needed. Mr. Kil added that the number may go as high as 225,000 – 230,000 square feet.

Mr. Sobek stated they did have some of the Easter Egg Hunt before the rain. He thanked the Board and Police Department for their help, Standard Bank for their donation and First United for the Easter Bunny. The brochure for the summer programs will go out next week.

Payment of Bills for the Corporation

APV’s #7563 - #7551 for $1,053,159.50 – Mr. Kil referenced a bill for Robinson Engineering, for the finalization of a 2010 road project. The invoice was for $19,279.99 and the Town was owed some credit. There was a net change of $13,439.98 owed Reith Riley. The way it was presented in Mr. Faberbock’s letter there was a mistake made where only $3,840.01 made the docket. They need to get to $15,439.98. He asked the Council to authorize a total payment to Reith Riley of $15,439.98; added to what is on the agenda would be $11,599.97. Mr. Volk motioned to amend the claim docket as recommended by the Town Manager for the correct amount of payment to Reith Riley with the authorization and approval of the change order. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.

Mr. Barenie motioned to authorize payment of the bills to include the previous change order. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Public Comment

Mr. James Sury, 11703 West 97th Lane – Questioned why the PayGOV contract is taking so long to be approved. Discussion ensued.

Mr. Adrian Bugariu, 11747 West 90th – Questioned why he has not received copies of the documents he requested from the Town.

Adjournment –

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

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

05-12-2011 Town Council

May 12, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:01 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, 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: Mark Barenie, Vice-President; Michael Fryzel, Member and Chip Sobek, Parks Superintendent.

Public Hearing – 2011 Community Development Block Grant Project

Proofs of Publication – Mr. Austgen stated he has reviewed two Proofs of Publication of Notice of this Public Hearing. The two Proofs are in evidence, timely publication has been made, the public hearing and proceedings may be conducted.

Mr. Kil read the Opening Remarks for the CDBG Public Hearing and asked that the Opening Remarks, Affirmative Action Plan Adoption, Section 3 Understanding Form and Resolution #11-05-12 be incorporated into the record.

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

One of the application requirements is to hold public hearings in the communities where CDBG funding is allocated in order to obtain input from the local citizens on the proposed use(s) of the new funding. For FY2011, the Town of St. John CDBG allocation is $50,010.00.

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

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

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

The public hearing is just the start of the application process for Lake County. There are a series of legal advertisements and comment periods that take place during the summer, prior to final grant approval from HUD in late August. New CDBG funding is released to the County and its entitlement communities on or around September 1st and needs to be expended by June 18th of the following year.

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

Finally, Project Applications, and supporting documentation, need to be submitted no later than May 19, 2011 for review by Lake County.

The floor is open for comments.

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

SPECIFIC AFFIRMATIVE ACTION STEPS

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

A. To ascertain from the HUD Area Office, Director the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials of the department in preparing and implementing the affirmative action plan.

B. To attempt to recruit from the appropriate areas the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan or the U.S. Employment Service.

C. To maintain a list of all lower income area residents who have applied either on their own or on referral from any source and to employ such persons, if otherwise eligible and if a vacancy exists.

D. To insert this affirmative action plan in all bid documents, and to require all bidders to submit a Section 3 affirmative action plan including utilization goals and the specific steps planned to accomplish the goals.

E. To insure that contracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project area, are also let on a negotiated basis, where ever feasible when let in a Section 3 covered project area.

F. To formally contact unions, subcontractors and trade associations, to secure their cooperation for this program.

G. To insure that all appropriate project area business concerns are notified of pending contractual opportunities.

H. To maintain records including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken.

I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 affirmative action plan.

_______________________________
Signature

TOWN COUNCIL PRESIDENT
Title

CITIZEN PARTICIPATION PLAN

The following is a detailed citizen participation plan which:

1. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used, and provides participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction;

2. Provides citizens with reasonable and timely access to local meetings, information, and records relating to the grantee’s proposed use of funds, as required by the regulations of the Secretary, and relation to the actual use of funds under the Act;

3. Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance to be determined by the grantee;

4. Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped;

5. Provides for a timely written answer to written complaints and grievances, within fifteen (15) working days where practicable; and

6. Identifies how the needs of non-English speaking residents will be in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate.

LAKE COUNTY, INDIANA
Section 3 Understanding

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

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

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

30% of all covered new hires for the year FY 2011

In addition, recipients and contractors are required to show compliance with the goal that at least10% of any building trade activity, which is subcontracted, and 3% of non building trade activity (construction management, etc.), is awarded to eligible Section 3 business concerns.

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

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

Name: ______________________________________________________________________

Title:________________________________________________________________________

Date: ___________________________________________________________________

RESOLUTION NUMBER 11-05-12

A RESOLUTION AUTHORIZING AND DIRECTING THE TOWN COUNCIL PRESIDENT OF THE TOWN ST. JOHN TO SUBMIT A PROJECT PROPOSAL FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FEDERAL FISCAL YEAR 2011

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

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

WHEREAS, the Town of St. John is proposing a product for assistance under the Housing and Community Development Act of 1974, as amended to date, and proposes to undertake and make available a total project cost of Twenty Nine Thousand and Fifty Dollars ($50,010.00); and

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

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

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

Section1: That the Town Council President of the Town of St. John, IN is hereby authorized to file a Project proposal for funds under Title 1 of the Housing and Community Development Act of 1974, as amended to date, with Lake County, Indiana and provide all information and assurances as may be necessary under the Act.

___________________________
Town Council President

ST. JOHN TOWN COUNCIL
________________________
________________________
________________________
________________________

ATTEST:

________________________
Sherry P. Sury, Clerk-Treasurer

Affirmative Action Plan Adoption – see below

Open to the Floor for Public Comment – Mr. Forbes opened the floor for public comment.

Mr. Austgen stated that Mr. Mitch King from the Lake County Community Economic Development Department was present. He is the County Representative for the program financing the initiative that is before the Council that they are conducting the public hearing on. He is there to answer any questions and to monitor the program.

Mr. Forbes stated that they are doing a drainage project with the CDGB money in the Watt’s subdivision, a flood relief project. It is phase two of a project previously started. Overall, the project will provide flood and drainage relief by installing 333 feet of 12 inch pipe with 4 catch basins, re-grade approximately 450 linear feet of parkway in order to provide proper drainage. The project will also involve minor road patching as a result of placing the pipe through the existing streets – Schneider Court and Bailey Street. This project is a continuation of a CDBG project that took place in 2010.

Closed to the Floor – Mr. Forbes closed the floor for Public Comment.

Affirmative Action Plan Adoption – Mr. Forbes referenced the Affirmative Action Plan Implementing Section 3 of the Housing and Urban Redevelopment Act of 1968. The Affirmative Action Program Lake County Indiana Section 3 Understanding and the Citizen Participation Plan. Mr. Volk motioned to accept the three documents that Mr. Forbes just presented. Seconded by Mr. Gembala. Motion passed with a vote of 3-0.

Reading of Section 3 Understanding Form – See above

Resolution #11-05-12, A Resolution authorizing the 2011 CDBG project and directing the Town Council President to submit a project proposal -
Mr. Gembala motioned to adopt Resolution #11-05-12. Seconded by Mr. Volk. Motion passed with a vote of 3-0.

New Business

Consider Indiana Department of Revenue Y2010-Y2011 UST Financial Responsibility Settlement Agreement, and consider Phase II Work Plan of Superior Environmental Remediation for submission to Indiana Department of Environmental Management –
Mr. Austgen stated that this is an item that involves and effects the insurance coverage of the Town related to the underground storage tanks.

There is a process, by which payment of an annual fee qualifies the Town as a participant in the protections of the Environmental Liability Fund. In the event of a liability exposure, release, unpermitted discharge, or a cleanup, it is an environmental coverage. There was a time period during the construction and/or transition of the Towns Public Works facilities from the former facility, which are now gone to the new facility when these payments did not get made. The consequence of that is there was a gap in coverage has some fatal consequences to it.

At the Council’s direction, Mr. Austgen made a resolution to bridge the gap but that requires notification to IDEM that the site conditions and the tank conditions are acceptable. They are not only sound but there are no issues that would require an Environmental Phase 2 Assessment. That is what is contemplated by this agreement; in the event the Environmental Phase 2 Assessment is completed and accepted the fines or penalties for non-payment are waived and the coverage is bridged. Mr. Volk motioned to authorize entry into proposed settlement with IDOR (Indiana Department of Revenue). Seconded by Mr. Gembala. Motion passed with a vote of 3-0.

Mr. Austgen mentioned that this is a single sourced proposal for the remediation environmental services.

Mr. Volk motioned to authorize entry into the agreement with Superior Environmental Remediation for the Phase 2 Assessment not to exceed $19,567.76. Seconded by Mr. Gembala. Motion passed with a vote of 3-0.

Consider approval of the 2011 Road Project –
Mr. Forbes referenced a new copy of the road project; they have added a few roads. They now have a total of 233,835.0 square feet of roadwork to do. Mr. Gembala motioned to authorize bidding on the 2011 road project based on the revised road list. Seconded by Mr. Volk. Motion passed with a vote of 3-0.
Consider donation of retired air packs to the DHS – District 1 Training Division –
Chief Willman stated that they have replaced their air packs with new ones (through grant money). They have five air packs set aside. They have a surplus of 30 spare cylinders, 29 masks and 15 air packs with cylinders and he is requesting they donate the surplus to the Department of Homeland Security District 1 Division. He added they have become partners with them in a lot of ways. In the last three years 21 of the Town’s firefighters have gone to classes there at no charge to the Town. The masks are not made anymore. Mr. Volk motioned to authorize the donation of the air packs, bottles and masks. Seconded by Mr. Gembala. Motion passed with a vote of 3-0.

Reports & Correspondence

Town Council
Mr. Forbes stated that they are still waiting on Hanover Schools for the Ethics Board. He asked Mr. Kil to send them a letter asking if they want to participate and if so, to get them a name.
Clerk-Treasurer
Ms. Sury stated that the conference call with PayGOV is tentatively set for Tuesday to go over everything and hopefully be online in the afternoon.
Staff
Mr. Kil presented the completed Safety Manual. Mr. Austgen suggested there be discussion on how the manual is be used and recommended that it be broken down into smaller pieces and integrated into the ongoing training. Discussion ensued and referred to next meeting for adoption.

Chief Frego stated that he received correspondence from Attorney Austgen suggesting a joint meeting of the Town Council and Police Commission regarding the proposed 911 Consolidation Dispatch Ordinance. The Police Commissioners agree a meeting should be held. Discussion ensued. Mr. Austgen added that this is not a Joint Interlocal Cooperation Agreement. The Town Council will work with them to schedule a meeting.

Public Comment

Mr. Adrian Bugariu, 11747 West 90th – Referenced his recent requests and demanded that his requests be met.

Adjournment –

Mr. Volk motioned to adjourn the meeting. Seconded by Mr. Gembala. Motion passed with a vote of 3-0. Meeting adjourned at 7:29 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

06-02-2011 Joint Town Council and Police Commission

June 2, 2011 Joint Town Council and Police Commission Special Meeting Minutes

Mr. Forbes called the meeting to order at 6:02 P.M. and led the Pledge of Allegiance. Roll call was taken with the following Town Council members present: Michael Forbes, President; Mark Barenie, Vice-President; Gregory Volk, Member; Ken Gembala, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. The following Police Commission members were also present: Fred Frego, Police Chief; William Dodaro, Chairman; Rose Hejl, Secretary; Donald Farris, Member. Also in attendance was Fred Willman, Fire Chief. Absent were Police Commission Members Ron Vale, Vice-Chairman and Robert Long, Member.

Discussion regarding joint dispatching services for Lake County –

Mr. Forbes opened the discussion by stating that the consolidation is a State mandate and must be completed by 2014. There have been discussions with the Sheriff. He turned the meeting over to Chief Frego.

Chief Frego stated that he has been keeping Mr. Austgen up to date with what has been done with the consolidated dispatch and they agreed a consolidated meeting should be held so everyone knows what has been done so far. They have had three meetings where they were part of establishing the Ordinance creating the commission establishing the consolidated dispatch. The commission consists of 21 members; 17 are police chiefs; the member must be a police chief or fire chief selected by their respective council. That has not been done yet. When the Ordinance is passed they will create an Interlocal Agreement that each town must sign.

Currently, there are 17 separate dispatch centers in Lake County; in 2014 there will be two, the main one and a backup center located somewhere in the county as provided by law.

He stated that there are advantages and disadvantages. An advantage to the town is the cost savings of about $254,000 a year to run the dispatch center. The State legislature will convene in October and for consideration is the 911 line charge that would be increased on the resident’s phone bills that will fund the consolidated dispatch centers. The towns will no longer have to pay for that service; it will be totally funded by the line charges. A disadvantage would be the loss of a personal touch – the familiarity with the Town and who the “frequent flyers” are. The town would still have to man the record center, a location to pay tickets, and people in the lock up need to be monitored 24 hours. They are currently monitored via camera from the dispatch center. SCADA is also monitored at the dispatch center. He does not know what will be done with the municipal alarms: store alarms, water alarms. Mr. Kil stated that he anticipates those items would be moved to someone internally, monitored with a laptop computer. Chief Frego stated that they also have people calling the police administration line asking about events in town. Some of the $254,000 savings would be used to man the remaining clerical work.

Chief Frego stated that the Commission discussed the hiring of people for the consolidated center. The Commission will be doing the hiring. The will hire the Director of the Center, setting the salaries, discipline, rules, procedures, etc. He also mentioned that the majority of the commission is required to have a criminal justice background.

He stated that they are still working on where the center will be located; will it be in an existing building or will they build a new building. Chief Frego also stated that until recently the 911 money has been used for 911 equipment in some of the communities. St. John received 911 money when the new station was built. The money will no longer be used for that.

Discussion ensued regarding Porter County, which has already consolidated and they are in debt. However, they consolidated prior to the 911 surcharge increase. A question was asked about whether the towns have to pay to get into the consolidated center. Chief Frego’s understanding is that it must be funded by the County, they have been mandated to execute this, and it is the Executive Officer of the County that must make this happen. Attorney Austgen mentioned he does not interpret the Statute that way; the county took the lead and is in that position which is a home rule ordinance.

Chief Frego stated that all but two counties have not consolidated. It has been recommended that the dispatch centers go on 800 MHz; no one in Lake County is 800 MHz they are currently on UHF; 800 MHz is expensive, walkies are $2,500 and car radios are $4,000. And they are not compatible with what the town has now. The equipment they have now does not match what they have planned. A rough estimate for St. John is 25 walkies times $2,500 plus 25 car radios times $3,700 plus the peripherals needed for the change. There may be grants available.

Discussion ensued as to who is going to run the dispatch center. Chief Frego stated that the current Sheriff changed the language of the ordinance to give the Commission the right to hire the director, to do the discipline, and to do the rules and regulations for running the center.

Discussion ensued regarding the cost to run the center. The sheriff’s department is sending out questionnaires to determine the current needs of the police. If the money falls short are they going to come to the Town’s for additional money? Is there a business plan, is it being developed, will the individual communities review the business plan.

Adjournment –

The meeting adjourned at 7:02 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

06-02-2011 Town Council

June 2, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:03 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present; Michael Forbes, President; Mark Barenie, 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; Fred Willman, Fire Chief and Chip Sobek, Parks Superintendent.

Approval of minutes: April 21, 2011 -

Mr. Gembala motioned to approve the minutes as posted. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Bid Opening: New Snow Plow Truck

Proofs of Publication – Mr. Austgen stated that the Proofs of Publication and Notice to Bidders have been reviewed, have been timely published and it is of record with the Clerk.

He added that the bid opening was to have happened at the cancelled meeting last week but due to the lack of quorum by the Council and a rescheduling, the meeting was cancelled. The sealed bids were received, they were retained, they were unopened and communication was made by Mr. Kil last Friday to each of the bidders that the bids were received, not opened because the meeting was not held and saying it would be held unopened until this special meeting tonight. Mr. Kil stated that he called each bidder personally and then followed up with written communication to them.

Proof of Fax notice regarding delay of opening until 6/2/11 – See above

Bid Opening by Attorney David Austgen – Exhibit A.

Mr. Barenie motioned to take the bids under advisement, have staff review them and upon that review, authorize the bid award. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

New Business

Resolution #11-05-26, adoption of Public Works Safety Manual –
Ms. Sury stated that the correct Resolution number is #11-06-02 due to the rescheduled meeting. Mr. Barenie motioned to adopt Resolution #11-06-02. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Consider renewal Letter of Credit for Gardenia Gardens -
Mr. Gembala motioned to accept the Letter of Credit extending the expiration date to May 14, 2012 for Gardenia Gardens. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Consider Workers Comp annual premium in the amount of $43,078.00 –
Mr. Kil recommended that they go back to IPEP (Indiana Public Employees Plan) because there is a cost savings with the same coverage. The correct amount is $44,078.00. Mr. Volk motioned to renew Workers Comp in an amount not to exceed $44,078.00 with IPEP. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.
Consider renewal Letter of Credit for Point North – Unit 3 -
Mr. Volk motioned to accept the renewal Letter of Credit for Point North – Unit 3. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.

Mr. Austgen stated that the two Letters of Credit on tonight’s agenda are really good items and are evidence of the revisions to procedures here in the Town Hall and the Planning & Building Department related to monitoring projects, deadlines, expiration dates, etc. Both of these are part of the system that Mr. Kil implemented and they have a backup for the monitoring. The second of these two items, they were within two days of actually collecting a check for deposit to ensure the division infrastructure would be constructed. The renewal came on the eve of expiration.

Reports & Correspondence

Town Council
Mr. Forbes stated that he and Mr. Barenie have discussed how the building permits are down and ways to get things moving again. One of the items they discussed was a payment deferment plan for the permits. Their proposal is when the builder comes in for a permit they pay 50% of all of the costs they are responsible for at that time. When they come in for an occupancy permit they will have to pay the remaining 50% of their fees. This would increase the cash flow for the contractor and the town will still get their money. Mr. Barenie stated that the building permits this year compared to last year decreased 30%. Mr. Austgen added that this is being considered across the board (for all Town entities) and that Ordinance amendments would be needed. Mr. Kil stated that a building permit would cost $10,000.00 -$11,000.00 and there is some interest out there. Mr. Volk voiced concern about low occupancy rates and that there is a guarantee they will be paid the rest of the fee. In event of a bankruptcy the fee will follow the property until occupancy. Mr. Forbes stated that he will discuss the deferral of fee payments with the Sanitary / Waterworks District at their meeting this Monday. Discussion ensued.

Mr. Gembala stated that he has received feedback that people are going through resident’s yards and measuring things. He found out that the assessor’s office is doing a State mandated reassessment of St. John Township properties for both residential and commercial properties and it will be completed by March 2012.

Clerk-Treasurer
Ms. Sury provided an explanation for an item on the docket regarding the refunds due to three residents of the east side annexation area that paid taxes whereas they are exempt for ten years because of their designated agricultural parcels.

Mr. Austgen stated that Chief Frego has a Memorandum of Understanding for the SWAT agreement which must be executed and attached to the Resolution adopted by the Council in April. Discussion ensued regarding the donations received and the need for an ordinance to establish the fund. Ms. Sury stated that the fund would be established by Ordinance as the PD Special Revenue SWAT Fund, whereas donations would be deposited and bills paid from this fund.

Staff
Mr. Sobek stated that the summer programs have begun and enrollment is up from last year.

Mr. Kil asked that the Council formally accept the resignation of Janet Brennan from the Park Board. Mr. Barenie motioned to accept the resignation of Janet Brennan from the Park Board. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Mr. Kil referenced an item from the Plan Commission meeting; it was regarding the small annexation and subsequent development in Maple Ridge. It was the three homes connected to Bramblewood immediately to the east right off of 93rd. The building is near completion and the final item is to install a sidewalk and an access road, it is a private road. They have requested a reduction of, not a Letter of Credit; in this instance they wrote the Town a check for $12,056.00 that the Town cashed and put in escrow. They are asking for some of that back. The Town inspected the properties and the Plan Commission last night authorized the release of all money less $2,500.00 for the installation of the sidewalk. They want to use this money to pay the contractor that put their road in. Mr. Kil asked the Town Council to authorize the release of the money from P&P Property Development less $2,500.00 that will be held until the sidewalk is installed and at that time he will ask the Council to release that money. Mr. Volk motioned to release the $9,556.00 as specified by Mr. Kil. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Chief Frego thanked the Council for their time this evening reviewing the dispatch consolidation.

Payment of Bills for the Corporation

APV’s #7752 - #7990 for $1,317,444.48 - Mr. Volk motioned to approve APV’s #7752 - #7990 in the amount of $1,317,444.48 for the Corporation. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.

Public Comment –

None

Adjournment –

Mr. Gembala motioned to adjourn the meeting. Seconded by Mr. Volk. Motion passed with a vote of 4-0. Meeting adjourned at 7:36 P.M.

ATTEST:

_______________________
Sherry P. Sury, Clerk-Treasurer

06-16-2011 Town Council

June 16, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:01 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, 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. Absent was Fred Willman, Fire Chief and Chip Sobek, Parks Superintendent.

Public Hearing

Public Hearing for Cline Avenue Partners LLC –
- Resolution #11-06-16, Introduction to the Fiscal Plan
- Ordinance #1537, an Ordinance to Annex Certain Contiguous Land

Proofs of Publication – Mr. Austgen stated that the Publisher’s Affidavits are in evidence and they indicate timely publication of the Notice of this Public Hearing. Please note this is a special publication and that the publication was made 20 or more days before this hearing was held. It is a specialty notice that is in order. (The notices were published in The Times on 5/24 and in the Post on 5/26).

Opening Remarks – Mr. Jim Wieser, Attorney for Cline Partners LLC stated that the property is located on the east side of Cline Avenue, the north side of 231, south of The Gates development off of 101st. They believe it would be logical to be part of St. John, all the documents are in order, and the zoning is R-1. Mr. Volk added that it is approximately 100 acres and there are four parcels.

Town Council Comments – None

Open to the Floor – None

Closed to the Floor

Mr. Kil stated that Resolution #11-06-16, Introduction to the Fiscal Plan does not require action tonight. It is for the Council members’ review and will be voted on prior to the Ordinance adoption.

Mr. Austgen stated that the Ordinance is for introduction only. At least 14 days must elapse between introduction, approval, and adoption.

Mr. Gembala motioned to consider Ordinance #1537 on first reading. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Bid Opening: 2011 Road Patching Project

Proofs of Publication – Mr. Austgen stated that he has reviewed the Proofs of Publication and they are in order, the notice has been properly made. (Published twice in The Times on 5/27 & 6/3 and the Post on 5/27 & 6/3.)

Bid Opening by Mr. Austgen – Exhibit A

Mr. Barenie motioned to take the bids under advisement. Seconded by Mr. Volk. Mr. Forbes stated that he would also like to entertain a motion that upon review with staff and legal, award the bid to the lowest most responsible bidder. He stated that we will probably not meet for six weeks and does not want to lose that time to potentially get this project going. He stated that we don’t know where we will be at with the strike and doesn’t want to wait six weeks to award the bid to possibly get this done – it would be too late in the season again. Mr. Forbes stated that it is in our best interest to do it this way, to allow the bid to be awarded once it has been reviewed, staff and legal.

Mr. Volk motioned to upon review of the bids by staff and legal award the bid to the lowest and most responsible bidder. Seconded by Mr. Barenie. Motion passed with a vote of 4-0. Mr. Austgen added that if it is the recommendation of staff and it meets the requirements of law if you so authorize by saying at a public meeting.

Presentation: Mr. George Van Til, Lake County Surveyor –
Mr. Forbes stated that Mr. Van Til was at the meeting tonight to discuss the creation of a Conservancy District for the maintenance of the Calumet River Basin. He summarized the needs of the basin, referenced the 2008 flood and also asked why create a new board to oversee a basin when a committee already exists that is addressing the needs of the area.

Mr. Van Til introduced the individuals attending the meeting with him, a member of his office, and an attorney for the proposed district (Mr. Ethan Lowe) and an engineer who is helping out. He stated that in answer to Mr. Forbes’ question, because things got significantly changed, the best-case scenario for the Little Calumet River is 3-5 years from the project completion. There are four major areas that still need to be addressed; there is no quick answer on how they are going to be addressed.

He stated that a bill was sponsored downstate, #1574, which proposed to make about $3 million from fees from part of the watershed. This would be the only place in the state where the locals paid but the locals have no say. There are five river commissions that are funded by the State to a greater or less degree and Calumet River has long been one of them. One of the problems has always been that it has been at the mercy of state funding. This fee was presented to the legislature with no local representation.

Mr. Van Til stated that he looked at what an alternative to bill #1574 would be and that would be a Conservancy District where the locals can band together and decide what needs to be done and how much money needs to be raised. And that is what they are proposing. In response to the concern of creating two layers of government; when the current commission is done with what they are charged with presumably they will be done. The Conservancy District is for the next 100 years. A key thing about a Conservancy District is its flexibility; it can decide what needs to be done.

Mr. Ethan Lowe gave a summary of how the Conservancy District be formed. One way is by going door to door for signatures or go to each municipality and ask the Town Council to approve an Ordinance joining in and agreeing with the creation of the proposed Conservancy District. They are proposing the Conservancy District be established for two purposes: flood control along the Little Calumet River itself; and to improve drainage within the entire Little Calumet watershed.

Mr. Volk asked why the northern communities that take the brunt of the flooding and damage and receive a large amount of casino money; why don’t they use some of the casino money to repair the dikes, etc. to repair those problems. Mr. Van Tils’ response was to consider St. John a new, younger company and Hammond or Gary as an older company that has legacy costs, the cost to provide services are significant. And the people outside of those areas send water to those areas and contribute to the problem.

Mr. Volk asked Mr. Van Til to clarify that the part of the Town involved are the ones on the map Mr. Van Til referenced the map indicating that they are in the watershed and not the entire Town.

Mr. Joe Hero – 11723 S. Oakridge - asked who is paying for the attorney fees and other personnel that are working on this now. Mr. Van Til stated no one. Mr. Hero asked if they were donating their time and Mr. Van Til replied yes. Discussion ensued.

Mr. Forbes stated that they are going to take all the information they were given, assess where they are from that information and will take action based on that information.

New Business

Award Bid for Purchase of New Snow Plow –
Mr. Kil recommended that the bid be awarded to Chicago International Trucks for $144,607.00 to purchase the truck, (lump sum purchase) they do have the money to pay for the truck. Mr. Volk motioned to award the purchase of the snow plow to Chicago International Trucks in the amount of $144,607.00. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.
Ordinance #1538, An Ordinance Providing for an Incentive Program related to Building Permit Issuance –
Mr. Forbes stated that 30% of the budget is based on miscellaneous revenues; most of that revenue is from permits. The idea is to split the cost of the permit – 50% at the time of the building permit and 50% at the time of the certificate for occupancy. There is no reduction in the fee rate. The idea is to spur a little bit of development by lessening the burden on the builder. This is not only beneficial to the builders but more beneficial to the residents of the Town by perpetuating some growth in the Town of St. John. Mr. Gembala stated that the safeguards are in place with the Utility Board and they are on board with it. Mr. Forbes stated that he did discuss this with the Utility Board and they are totally on board. They are going to have their supporting resolutions at their next meeting. Mr. Barenie motioned to consider Ordinance #1538 on first reading. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Mr. Barenie motioned to adopt Ordinance #1538. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Ordinance #1539, a SWAT Special Revenue Non-Reverting Fund Ordinance –
Mr. Forbes stated that they have received donations for the SWAT team, the fund is created so that money will go into this fund and recorded for that purpose. Mr. Austgen stated that this is required by law. Chief Frego and his team have collected donations and contributions and this is how the funds that have been donated, grants and the like are preserved exclusively for the initiative. Mr. Gembala motioned to consider Ordinance #1539 on first reading. Seconded by Mr. Barenie. Motion passed 4-0.

Mr. Volk motioned to adopt Ordinance #1539. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.

Resolution #11-06-16A, A Resolution Authorizing an Extension of Temporary Loan of Funds –
Ms. Sury stated that they have not received their tax distribution yet and have not received the money from PERF yet.

Mr. Barenie motioned to adopt Resolution #11-06-16A. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Consider Applicants to Town Council – Ward 1 Vacancy –
Mr. Forbes stated that they received five applications and appreciates the individuals stepping up to take the seat. Through discussion, like the way they appointed the last individual, Mr. Gembala, they based their decision on the hands on, interaction, participation by this individual speaks volumes to him that this individual has experience in the operation of the Town government, of the Town Boards. Based on that he recommends appointing Mr. Steve Hastings to the Town Council Ward 1 Seat.

Mr. Volk motioned to appoint Mr. Steve Hastings to the Town Council Ward 1 Seat. No Second. Hearing no second to the motion Mr. Forbes passed the gavel to Mr. Barenie to second the motion to appoint Mr. Hastings.

Mr. Barenie asked if there was any discussion. Mr. Gembala stated that he has no comment; and understands what Mr. Forbes is saying; one has served on the Plan Commission and has been involved in the Town; and one has very little experience.

Mr. Barenie called for a roll call vote: Mr. Volk: yes, Mr. Gembala, yes; Mr. Barenie, yes; Mr. Forbes, yes. Motion passed with a vote of 4-0.

Mr. Barenie passed the gavel back to Mr. Forbes.

Reports & Correspondence

Town Council
Mr. Forbes thanked the Fire Department, Police Department and Public Works Department for their incredible response during the windstorm that occurred about a week ago. The Public Works Department is still out there working cleaning up the mess.

Mr. Gembala stated that they had to hire an outside contractor to help with the amount of work they have to do.

Mr. Forbes stated that they are going into Haunted House season, they need to approve a budget and to approve the contract which remains the same at $6,000; the budget is $30,000 which does not include correcting safety concerns. Whatever money comes out of the Haunted House fund is not taxpayer money; the fund has been built up by money from admissions to the Haunted House. Mr. Barenie motioned to approve of the 2011 Haunted House and the consultant agreement (although it is not in front of them it is the same as last year, they just need to change the dates). Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Clerk-Treasurer –
None
Staff –
None

Payment of Bills for the Corporation

APV’s #7991 -#8118 for $506,923.76 – Ms. Sury stated that the amount of the bills for approval is low because of the change of the meeting date; processing of the bills was cut off early. Next time it will be a lot higher. Mr. Gembala motioned to approve APV’s #7991 - #8118 for $506,923.76 for the Corporation. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.

Public Comment

Mr. Tom Busch, 10178 Walsh – stated that he thought he heard only one vote for the road patching. Discussion ensued.

Mr. Bill Dravesky, 9038 Howard - asked Mr. Forbes about a flyer he received and that part of 93rd west of US 41 is cracked down the middle. Mr. Forbes stated that the flyer references the standards and specifications at the Plan Commission level. They increased the makeup of the roads at the Plan Commission. They do their best to maintain the roads; they have purchased a piece of equipment to permanently fix pot holes. Mr. Dravesky stated that overweight trucks are tearing up their roads. Mr. Barenie stated that Reith Riley has repairs that must be done from last year’s road project. They knew when the pavement was put down that there were problems and are holding $100,000 until the repairs are made.

Mr. Adrian Bugariu, 11747 West 90th - asked if the Town Council members received his letters. He has asked for information from Mr. Frego and Mr. Austgen and has not received it. He wants the matter to be solved and his request to be honored.

Adjournment –

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

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

06-27-2011 Town Council

June 27, 2011 Town Council Meeting Minutes

Mr. Forbes 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: Michael Forbes, President; Mark Barenie, Vice-President; Gregory Volk, Member; Ken Gembala, Member; Stephen Hastings, 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

Consideration of Town Employee Bonuses –
Mr. Forbes stated that they have been doing this in lieu of raises and given the economic conditions; they are still probably not in a good spot for raises. Mr. Barenie added that he is asking for some additional financial information, based on the final insurance quotes for health as well as some additional expenses with some of the bad weather they have had. Mr. Gembala thanked Mr. Forbes and Mr. Barenie for watching the budget so closely that they are able to give the bonuses. Mr. Volk motioned to approve town employee bonus in the amount of $600 for full time and $300 for the part time employees. Seconded by Mr. Gembala. Motion unanimously passed.
Ordinance #1540, an ordinance amending Ordinance #1538,
being an ordinance establishing a temporary permit fee payment deferral policy for the Town of St. John, amending all ordinances and town code sections relevant thereto, and declaring an emergency exists for same, and declaring an emergency exists – Mr. Forbes stated that this is the ordinance for the temporary fee permit deferral program. There is a cost involved for the liens that need to be filed for this process to work and to guarantee and protect the Town to ensure they receive the money on both ends. Mr. Barenie motioned to consider Ordinance #1540 on first reading. Seconded by Mr. Gembala. Motion unanimously passed.

Mr. Gembala motioned to adopt Ordinance #1540. Seconded by Mr. Hastings. Motion unanimously passed.

Mr. Austgen stated that he has two business items. On the Redevelopment Commission appointment which was sparked when Mr. Hastings sent a note of resignation from the Plan Commission and the BZA as a consequence of his selection to the Town Council. That begged a question raised by Mr. Dan Botich, the financial advisor, related to the appointments of the Town Council Members to the Redevelopment Commission and the propriety of doing that. Mr. Austgen stated that he would like to recommend the Council consider ratification of the Council Members as the Members of the Redevelopment Commission and appoint Mr. Hastings to join them so there is a public record of having done that for purposes of the TIF Increment Capture Resolution that was adopted at the last Redevelopment meeting. The notices to the various governmental bodies of that increment capture would be on the record and would satisfy the financial advisor’s query. Mr. Gembala motioned to ratify the existing members of the Redevelopment Commission and to add Mr. Hastings to that body. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Austgen referenced the motion at the last public meeting to award the road project to the lowest bidder subject to verification of compliance of all legal requirements for lowest responsible bidder. They rendered that opinion today and recommend the lowest bidder Walsh & Kelly. Both bidders were responsive and responsible. The lowest responsive and responsible bidder was Walsh & Kelly. Mr. Kil stated that he instructed Mr. Faberbock to get the contract documents prepared and get them to Mr. Austgen.

Mr. Gembala complimented Public Works on the good job they have done cleaning up the leaves. Mr. Kil stated that they are going to go around town again and pick up branches.

Chief Frego thanked the Council for the bonuses and mentioned that the Nite Out Against Crime will be on August 2nd in Civic Park.

Chief Willman thanked the Council for the bonus on behalf of himself and the entire fire department.

Adjournment –

Mr. Gembala motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion passed with a vote of 5-0.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

07-28-2011 Town Council

July 28, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:01 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, Vice-President; Gregory Volk, Member; Ken Gembala, Member; Stephen Hastings, 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.

Presentation: The ARC –

Ms. Becky Cogley, Development Director of The Arc (formerly Arc Bridges) summarized what services the agency provides, their four locations and that they provide services and skill development for adults with developmental disabilities. She stated that she is attending the meeting to raise awareness of the agency and mentioned that there are St. John residents that currently receive services from Arc. They have workshops for children, offer internships, and help find employment for recipients of their services.

Approval of Minutes: May 12, 2011 Regular Meeting; June 2, 2011 Special Meeting; June 2, 2011 Regular Meeting; June 16, 2011 Executive Session; June 16, 2011 Special Meeting & June 27, 2011 Special Meeting -

Mr. Barenie motioned to approve the above meeting minutes. Seconded by Mr. Volk. Motion unanimously passed.

New Business

Resolution #11-07-28, declaring Un-Collectible Bad Debit in the amount of Fifty Six Thousand Three Hundred Twenty Three Dollars and Twenty-seven cents -
Discussion ensued, the initial amount on meeting agenda listed was $56,323.27 and adjusted due to correction is Fifty Six Thousand Four Hundred Fourteen Dollars and Ninety-one cents. Mr. Gembala motioned to approve Resolution #11-07-28 in the amount of $56,414.91. Seconded by Mr. Volk. Motion unanimously passed.
Consider annual payment for the St. John Fire Department Training Site in the amount of Ten Thousand Dollars ($10,000.00) –
Mr. Forbes stated that this is an annual donation. Mr. Barenie motioned to approve the annual payment for the St. John Fire Department Training Site in the amount of $10,000.00. Seconded by Mr. Hastings. Motion unanimously passed.
Resolution #11-07-28A, a resolution adopting the fiscal plan for Cline Avenue Partners, LLC -
Mr. Gembala motioned to approve Resolution #11-07-28A, a fiscal plan. Seconded by Mr. Volk. Motion unanimously passed.
Ordinance #1537, an ordinance annexing certain real property, by Cline Avenue Partners, LLC -
Mr. Gembala motioned to adopt Ordinance #1537. Seconded by Mr. Barenie. Motion unanimously passed.
Acceptance of PILT Payment from Sanitary District in the amount of $79,962.00 and authorize same as the 2011 Payment of the Loan from the WWTP Account -
Mr. Barenie motioned to authorize the acceptance and the payment. Seconded by Mr. Volk. Motion passed with a vote of 5-0. Discussion ensued regarding the pay downs on the loan, remaining balance, term of loan, and options available; will be reviewed in a future meeting.

Reports & Correspondence

Town Council
Mr. Gembala stated that he is happy to see the Public Works Department is now CPR trained including the office staff.

Mr. Barenie asked Mr. Kil and Ms. Sury to provide for the next meeting the number of permits that have been budgeted and how much money has been brought in so far. Discussion ensued. He also asked the status of the direct payroll deposit.

Ms. Sury stated that direct deposit is on their list; they need to purchase the software program, and summarized the preliminary work (including training) that needs to be completed first before implementation. She explained that the deadline will be Monday mornings for submission by all the departments for the employee payroll time sheets and the processing timing needs of the bank. Discussion ensued and Ms. Sury referenced the higher priority items her office is presently handling at this time such as the budget, loan and bond payments, the TAW payment and balancing the newly enacted PayGOV activity. She stated that she hopes to have direct payroll deposit in place by year end. Discussion ensued. Mr. Barenie motioned to authorize the purchase of the direct deposit software from Keystone. Seconded by Mr. Gembala. Motion unanimously passed.

Mr. Hastings complimented the Town’s emergency services; he witnessed them in action when his neighbor’s son received lifesaving aid.

Mr. Forbes mentioned the Haunted House and asked Ms. Sury if she contacted Standard Bank about their participation. She stated that she had earlier confirmation that they would assist but needs to reconfirm. Ms. Sury stated that her staff does not want to participate this year because it is really hard on them. Last year they had to add comp time that they have not been able to take, they lost vacation time, and the schedule was hard on them due to working night hours and having to return the next morning to work in the office.

Mr. Forbes stated that he does not know where that leaves them as they need competent people to count the money. Ms. Sury suggested that they get commission members or family members to volunteer. Discussion ensued and Ms. Sury stated that the work flow in the Clerk’s office necessitates the employees to be in the office performing their assigned duties and not alternate their work time at the Haunted House.

Mr. Barenie stated that he has a couple of suggestions he wants to discuss offline. Mr. Gembala asked if the volunteers must be bonded. Ms. Sury stated that there are two people collecting the money every night per shift, a bank volunteer and a clerk from her office. Mr. Austgen stated that it is advisable the person collecting the money be bonded. Mr. Barenie suggested doing it through a team approach or bonding. Mr. Austgen stated that as long as there is supervisory bonded personnel or official designee overseeing they are okay. Mr. Barenie asked Ms. Sury how the workload in her office from last year at this point is different from this year. Ms. Sury provided an overview of the ongoing activity in her office including the loss of staff that handled the majority of the Haunted House shifts. Mr. Forbes stated that they need people out there they can trust and that are accountable. He asked that if anyone has any ideas to let him know and stated that the first meeting of the actors will be held on August 15th.

Clerk-Treasurer
Ms. Sury stated that the Town received tax money and described the back and forth process they are required to do for each electronic fund transfer and referenced the TAW payment as an example of why they cannot get to other projects such as the direct payroll deposit at this time. Mr. Barenie asked that a note be sent to Town employees giving them the status of the direct payroll deposit so that he will stop getting phone calls about it.
Staff
Mr. Kil reminded everyone that the 2011 road project is going to start pretty quick, within the next two weeks. They will also be patching the Ravenswood area which will be paid for out of another fund. Chief Willman read the June Monthly Report and stated that they had 215 calls which is the most St. John has ever answered in one month. Chief Frego read the June Monthly Report and reminded everyone that Tuesday, August 2nd is the Nite Out Against Crime from 6:00 P.M. to 9:00 P.M. at Civic Park. Mr. Sobek stated that they had a good season this summer with good attendance. The fall programs should come out the end of next month. Mr. Forbes asked if they can arrange to have a concert on one of the Haunted House nights. Mr. Austgen asked if any builders took advantage of the building permit incentive that was passed. Mr. Kil stated that two builders have.

Payment of Bills for the Corporation -

Mr. Barenie motioned to approve the bills in the amount of $2,722,135.54 for APV’s #8119 - #8437. Seconded by Mr. Gembala. Motion passed with a vote of 4-0 and 1 abstention by Mr. Forbes, he stated that he has not had an opportunity to look at the bills.

Public Comment

Chief Willman thanked the Council for giving ARC the opportunity to present at tonight’s meeting; he stated that he and his wife had a foster child in their home that used the Arc’s services and she is now in a group home in Hobart. He really appreciates their services.

Mr. Adrian Bugariu, 11747 West 90th – stated that he is upset with the work of some members of the police department.

Adjournment –

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

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

08-25-2011 Town Council

August 25, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:01 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, Vice-President; Ken Gembala, Member; Stephen Hastings, Member; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance was Fred Frego, Police Chief and Fred Willman, Fire Chief. Absent was Gregory Volk, Member; David Austgen, Attorney and Chip Sobek, Parks Superintendent. Mr. Forbes stated that he spoke with Mr. Volk and he will not be at the meeting tonight; he also spoke with Mr. Austgen and told him not to attend the meeting because of the short agenda.

Approval of minutes: July 28, 2011 Regular Meeting minutes –

Mr. Forbes stated that under Public Comment on page 3 of the minutes it was Chief Willman who thanked the Council regarding the ARC not Chief Frego. Mr. Gembala motioned to approve the minutes as amended. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.

New Business

Consider renewal Letter of Credit for Meadows of St. John – Phase 2 in the amount of Sixty-Four Thousand Nine Hundred Eighty-Six Dollars and ninety cents ($64,986.90) -
Mr. Barenie motioned to accept the renewal for the Letter of Credit for the Meadows of St. John – Phase 2. Seconded by Mr. Hastings. Motion passed with a vote of 4-0.
Consider purchase of Cartegraph Computer Software for GPS Mapping of storm water outfalls (MS4 Storm Water Project) –
Mr. Forbes stated that although this is part of the MS4 project, it will serve the Town in several different ways. He added that they are purchasing the software directly from the company that creates the software so any other bids would be through another party and would be higher.

Mr. Gembala asked if there are additional costs that they will need to incur in addition to the software. Mr. Kil stated that as far as he knows, and what he has been told from Jason, this software is what they need and compatible with the units that they have. He has been informed that there is not any other licensing that will be coming up. This is the last piece of the puzzle where they can start mapping. Mr. Forbes added that they have the hardware; this is the software that is needed to use the hardware. Discussion ensued and Jason was invited to join the discussion for clarification of the licensing fees. (Mr. Forbes moved to Reports & Correspondence while waiting for Jason’s arrival, see below for Jason’s input and motion.)

Reports & Correspondence

Town Council
Mr. Barenie stated that he and Mr. Kil looked at a couple of properties as potential park locations and that Mr. Kil will do some homework to find out if the owners of the land would be open to discussion on their properties.

Mr. Forbes asked Jason if the Cartegraph software has an annual licensing fee. Jason stated that it would be about $2,000 per year. Discussion ensued. Mr. Forbes stated that for future reference they should have purchased a packaged deal – both hardware and software. Jason stated that part of the problem was Robinson Engineering, they gave him the specifications for the hardware, and they were working with Trimball to get that going first. The Cartegraph software quote was much later; he does not know why it came that much later. Discussion ensued. Mr. Barenie motioned to approve the software purchase in the amount of $9,950.00 for Cartegraph Computer Software. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Mr. Forbes stated that they were back to Reports and Correspondence and asked to do a follow up ratification of the appointment of Chief Fred Frego to the 911 Board which is known as the Lake County Public Safety Communication Committee. Mr. Hastings motioned to ratify the appointment of Chief Fred Frego to the Lake County Public Safety Communication Committee. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Mr. Forbes stated that he went to the Schererville Council meeting last night. There was discussion on including the Fire Department in the discussions at the Board meeting. He added that the rapport between the two chiefs is very good in both Schererville and St. John and asked Chief Frego to ensure that Chief Willman’s concerns are addressed. Chief Frego stated that three fire personnel members are on the commission now. Discussion ensued.

Mr. Forbes referenced the Conservancy District proposal and stated that it appears the Council is opposed to it. Discussion ensued. He stated that in light of that he would like a resolution that can be approved at the next meeting that can be sent to Mr. Van Til informing him that they are not in favor of the formation of a Conservancy District. He added the River Basin District is doing a great job, they are addressing all of the issues and there is no sense upsetting the applecart.

Mr. Forbes stated that he has had conversations with people who live in the Fairway Subdivision and he drives that way to work every day. He constantly sees kids trying to cross the railroad tracks on that turn of Bingo Lake Road and 85th. It is a very bad intersection. There is sidewalk in front of Fairway Subdivision along 85th and there is sidewalk in front of the Meadows of St. John. There is no connection between those two subdivisions.

Mr. Forbes stated that he has discussed this with Mr. Kil and he has some rough numbers. He would like to propose installing the interconnecting piece of sidewalk from 85th from around behind the Town sign across the railroad easement and connect to the other side. The main goal is to offer a safe way for kids and pedestrians to cross the railroad track. It will also serve as a safe route to school. Unfortunately, when dealing with the railroad you must deal with their contractors, so the effect on the cost is significant. A design must be submitted to Atlanta. The rough numbers are $12,000.

Mr. Kil added that it would cost almost $9,000 just to put in the walk across the tracks; and another $4,000 to $5,000 for the rest. He stated that it depends upon the requirements of the railroad. The railroad’s company is developing a set of plans that will be inserted into the Town’s overall sidewalk plan which will be submitted to their corporate office in Atlanta for approval. The Town must also pay for a flag man for the railroad because the trains must be stopped when the sidewalk is being installed. He added there is money in the cable TV, in Cum Cap Development and in casino game, there is plenty of cash to do the project. Discussion ensued regarding the potential cost and approval of the project, information will be forthcoming.

Mr. Forbes asked Chief Willman to do a preliminary walk through of the Haunted House and look at what they are building safety-wise. Chief Willman stated that he will check that the permit has been applied for. Discussion ensued regarding a pre-safety inspection because of the significant changes that were made in the downstairs. Mr. Forbes stated that he is in the process of doing a new drawing.

Clerk-Treasurer –
None
Staff
Mr. Kil stated that he received a call today from Mr. Joe Beckman who is the owner of Units 12 and 13 at The Gates where we re-patched the road on Park Place. There was a court order that when he sold the lots the town would get their money back. Mr. Beckman indicated to Mr. Kil that he has at least six lots sold, is going to start building houses and that he would have enough money to pay the Town back and pave all of his area in Units 12 and 13.

Mr. Kil stated that Parrish will be repaved along with the various areas in the Gates. Walsh & Kelly will be back in town to finish the subdivision patching, they are using a different mix – the Illinois mix – it’s a lot tighter, not as coarse, it’s a much better product.

Mr. Kil stated that as part of the Safety Training the Workers Comp carrier will be in next week to conduct a seminar for the employees.

Mr. Forbes referenced the construction summary provided by Mr. Kil. Mr. Kil stated that he included every permit that comes through the office. Mr. Forbes stated that he just handed out the Haunted House Budget to the Council Members as to where they are to date.

Chief Willman read the July Activity Report for the Fire Department. He added that June 2011 was the busiest month ever for the St. John Fire Department and July was even busier.

Chief Frego read the July Activity Report for the Police Department. The department also has an intern from Lake Central High School, Aaron, who is a senior at Lake Central; a St. John resident has expressed interest in law enforcement. Chief Frego added that the new squad car is on the road and able to equip the vehicle in house.

Payment of Bills for the Corporation –

Mr. Forbes stated that there is a purchase order added to the back of the bills. It is for the purchase of about 8,500 gallons of fuel, 4,500 gallons of gasoline and 4,000 gallons of off-road diesel in the amount of $26,865.00. Mr. Barenie motioned to approve the purchase of the fuel with Al Warren Oil Company. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Mr. Barenie motioned to approve APV’s #8438 - #8604 in the amount of $803,417.63 for the Corporation. Seconded by Mr. Hastings. Motion passed with a vote of 4-0.

Public Comment

Mr. Clarence Monix, 9364 Belmont – stated that they did a good job of black topping.

Adjournment –

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

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

09-22-2011 Town Council

September 22, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:00 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, Vice-President; Gregory Volk, Member; Ken Gembala, Member; Stephen Hastings, 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.

Approval of the minutes: August 25, 2011 Regular Meeting minutes -

Mr. Barenie motioned to approve the minutes of the Regular Meeting of August 25, 2011. Seconded by Mr. Volk. Motion unanimously passed.

Public Hearing

Ordinance #1541, an ordinance establishing the 2012 Municipal Budget

Proofs of Publication – Mr. Austgen stated that he has been provided with the Proofs of Publication of the Notice to the Taxpayers. He has the affidavits of the newspaper publications at hand, they are in proper order and the hearing may be conducted. The notices were published in The Times on September 1st and September 8th and in the Post Tribune on September 1st and September 8th.

Opening Remarks – The Town’s Financial Advisor Mr. Karl Cender stated that the town’s budget is pretty much on target. Mr. Barenie asked if they looked at and made adjustments for actual revenue. Mr. Cender stated that they looked at June of this year and compared it to June of last year. Ms. Sury stated that they made an adjustment for building permits and EMS fees. Mr. Barenie asked to get the actual results of last year and compare them to the projections of 2010. Discussion ensued. Ms. Sury explained the system changes that take place after the first reading of the Ordinance and additional system changes after the adoption of the Ordinance. She added that the automated system does not address all the budget changes, some are still made based on hard copy documents.

Town Council Comments – None

Open to the Floor – No public comment

Closed to the Floor

Mr. Gembala motioned to consider Ordinance #1541 on first reading. Seconded by Mr. Hastings. Motion unanimously passed.

New Business

Ordinance #1543, an ordinance amending the Master Zone Map and approving a zone change for Meyers Development from C-2 Commercial to R-3 Residential (favorable recommendation from Plan Commission).
Mr. Volk stated that this is a request to rezone a section of a C2 parcel to R3 for a two lot subdivision, it is at the end of Meadow Lane and that the front part towards Livio’s Restaurant will stay commercial. He noted that there were some concerns from residents regarding drainage during the Plan Commission Public Hearing but from a zoning aspect, there were no objections. Mr. Barenie motioned to adopt Ordinance #1543 with a favorable recommendation from the Plan Commission. Seconded by Mr. Gembala. Motion unanimously passed.
Resolution #11-09-22, a resolution rejecting the Little Calumet River Basin Conservancy District -
Mr. Forbes read Sections One and Two of the Resolution – the entire resolution is attached, Exhibit A. Mr. Forbes asked that a copy of the resolution be sent to the local legislative representatives. Mr. Volk motioned to approve Resolution #11-09-22 rejecting the Little Calumet River Basin Conservancy District. Seconded by Mr. Hastings. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Gembala commented that 93rd looks very good.
Clerk-Treasurer –
None
Staff
Mr. Kil referenced his report on the recent training as part of the Public Works safety program and an update on the number of building permits issued.

Mr. Austgen asked how the program of sharing Inspectors with Schererville is working. Mr. Kil stated that he did not have a report but has received positive feedback from the St. John Inspector.

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

Chief Frego gave the August Activity Report for the Police Department. He mentioned that the 2010 Crime Rates were released by the FBI earlier this week; St. John has the lowest overall crime rate in Northwest Indiana 12.4 per 1,000 residents, they also have the lowest violent crime rate in Northwest Indiana 0.07 per 1,000 residents. He thanked and commended the members of the Police Department for making this possible.

Mr. Forbes added his congratulations and complimented both the Police and Fire Departments and added that the Fire Department open house will be October 2nd.

Payment of Bills for the Corporation –

APV’s #8605 - #8807 for $1,114,554.41 - Mr. Barenie motioned to pay APV’s #8605 - #8807 for $1,114,554.41. Seconded by Mr. Volk. Motion unanimously passed.

Public Comment

Mr. Michael DeMory, 8555 Marquette, Schererville – spoke as a representative of George Van Til, County Surveyor. Mr. DeMory read the attached letter, Exhibit B, to the St. John Town Council from Mr. Van Til. Mr. Forbes stated he takes great exception to this letter and will not respond at this time. Mr. Barenie stated that he feels strongly too and asked who the “personal tie” is of one of the Town Council members to the Conservancy District Proposal. Mr. DeMory stated that the best way to find out would be to write directly to Mr. Van Til. Discussion ensued, inaudible.

Mr. Adrian Bugariu, 11747 West 90th – thanked the Council for their support. He stated that the charges against him were proven false, were dropped and he thanked the Council if they had anything to do with that happening. Mr. Bugariu stated that he would like to get his camera and house key which was taken in 2006. Mr. Forbes stated that he has been trying to contact him; his personal belongings are in the police department, Bernie Johnson has them, all he has to do is sign for them.

Adjournment –

Mr. Barenie motioned to adjourn the meeting. Seconded by Mr. Gembala. Motion unanimously passed. Meeting adjourned at 7:33 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

10-27-2011 Town Council

October 27, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:05 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, Vice-President; Gregory Volk, Member; Ken Gembala, Member; Stephen Hastings, 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: September 22, 2011 Regular Meeting Minutes –

Mr. Barenie motioned to approve the minutes of the September 22, 2011 Regular Meeting. Seconded by Mr. Gembala. Motion unanimously passed.

New Business

Consider release of escrow money for Maple Ridge Subdivision (favorable recommendation from Plan Commission) –
Mr. Barenie motioned to release the escrow money for Maple Ridge Subdivision in the amount of $2,500.00. Seconded by Mr. Volk. Motion unanimously passed.
Consider Ordinance #1544, repealing Town Code section pertaining to firearms regulations –
Mr. Austgen stated that this ordinance directly references two sections of the previous ordinance in the body of the ordinance, which are the weapons control regulations of the town code. The Indiana General Assembly adopted provisions that amended Indiana Code §35-47-2-1 and §35-47-11 that pre-empted all local regulation of firearms possession. It is a broad pre-emption. The town cannot regulate that firearms must be unloaded. It does not affect bows and arrows. Mr. Austgen added that it is a blanket pre-emption (the state statute) and has severe penal consequences for local violation of that pre-emption. The law is now controlled by the State of Indiana. Mr. Hastings motioned to consider Ordinance #1544 on first reading. Seconded by Mr. Volk. Motion unanimously passed.

Mr. Gembala motioned to adopt Ordinance #1544. Seconded by Mr. Volk. Motion unanimously passed.

Ordinance #1541, an ordinance establishing the 2012 Municipal Budget –
Ms. Sury stated that the budget was sent to the county for a non-binding review and the county approved the budget prior to the adoption process as required. Mr. Barenie motioned to adopt Ordinance #1541 the 2012 Municipal Budget. Seconded by Mr. Hastings. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Volk stated that he received a phone call this afternoon regarding how fast the County Police cars go down 93rd when they are responding to calls. A resident by Clark and 93rd claims that they go over 100 mph and Mr. Volk stated that he believes this to be closer to 60 or 70 with their lights and sirens on. Chief Frego stated they are authorized to do that with their lights and sirens on with no kids or cars around. Mr. Volk said the concern is why the county is responding to a call in town. Mr. Forbes stated that there is a square area that the county responds to. Chief Frego suggested the resident contact the County with their concern.

Mr. Hastings thanked Mr. Kil and the town for addressing a problem one of the residents had in Tiburon, there was a lack of 20 mph speed limit signs.

Mr. Forbes stated that they need to put a notice in the newspaper for applications for Boards and Commission Members for next year with a deadline of December 31st so the appointments can be made by the new Council. He also stated that he received a letter from Operation SOS (Support Our Service members) seeking donations of products and/or monetary donations. They are sending 600 care packages to the soldiers. A wish list was attached. Mr. Forbes asked that the letter be posted on the town’s website and posted in the Clerk’s office.

Mr. Forbes stated that he also has a Request to Purchase for MS4 from HACH Company. The MS4 are materials (a spectrophotometer and ammonia) which are used to track the outfalls in the ditches throughout town. The materials cost $3,768.95. Mr. Barenie motioned to authorize this request to purchase. Seconded by Mr. Volk. Motion unanimously passed.

Mr. Forbes stated that he has a request to purchase a 2012 Chevy Tahoe in the amount of $32,899.00; the Fire Department has the opportunity to purchase this vehicle at a very reasonable cost by working with other communities. This is to replace Unit #1 which is 10 years old and has over 100,000 miles on it. This vehicle is the one that accompanies the ambulance. Chief Willman stated that they are going to pull the radio unit out of Unit #1 and put it in the new vehicle. He added this is a special service vehicle which already has a lot of things pre-wired. Mr. Barenie motioned to authorize the purchase of the 2012 Chevy Tahoe for the Fire Department in the amount of $32,899.00. Seconded by Mr. Hastings. Motion unanimously passed.

Clerk-Treasurer –
None
Staff
Mr. Sobek reported that the Boo Bash last weekend went off very well with about 300 kids plus parents attending. The leftovers were taken to Schererville for the special needs kids. It was very successful. The winter program flyers will go out in the water bills on Thursday. They have started putting up the Christmas decorations; they are going to need a lot of new stuff as they haven’t been buying anything the last couple of years. He anticipates needing lights for all the trees which is about a minimum of 50 sets. The “maypole” tree has a lot of lights broken and expects many of those will be need to be replaced. Mr. Barenie stated that there will be a potential meeting in December or January with the Parks Departments in Northwest Indiana regarding the challenges of the summer help in some of the programs and what the communities will be doing to address those challenges.

Mr. Kil stated that Public Works will be used as a polling place and asked that the Council entertain that motion. Mr. Barenie motioned to utilize the Public Works Building as a Polling Place for the upcoming election. Seconded by Mr. Volk. Motion unanimously passed. Mr. Kil confirmed that Clark Middle School will now be used as a polling place instead of the VFW. Both Mr. Forbes and Mr. Volk stated that they believe that postcards have been sent out advising residents of their polling place.

Chief Frego gave the September Activity Report. He stated that they added six Reserve Officers the beginning of September, they have been equipped, completed their 40 hours of class training and are currently with FTO’s for about eight weeks after which they will be evaluated again. He mentioned they received a grant to have a drug box in the lobby for prescription drugs that people want to discard and they can safely deposit them, it is a locked box, the drugs are placed into evidence and the DEA will pick then pick up the drugs. This Saturday the drug box will be attended from 9:00 a.m. – 2:00 p.m.; the drop box will be in the lobby of the police station 24/7.

Chief Willman gave the September Activity Report. The members of the Fire Department thanked TransCanada formerly ANR Pipeline of St. John for the 2002 pick-up truck that was recently donated to the department.

Payment of Bills for the Corporation –

APV’s #8808 - #9010 for $1,104,461.41 – Mr. Barenie motioned to approve general APV’s #8808 - #9010 in the amount of $1,104,461.41. Seconded by Mr. Volk. Motion unanimously passed.

Public Comment –

None

Adjournment –

Mr. Gembala motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed. Meeting adjourned at 7:33 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

11-17-2011 Town Council

November 17, 2011 Town Council Meeting Minutes

Mr. Forbes 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: Michael Forbes, President; Mark Barenie, Vice-President; Gregory Volk, Member; Ken Gembala, Member; Stephen Hastings, 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 Parks Superintendent Chip Sobek.

Approval of minutes: October 27, 2011 Executive Session and Regular Meeting minutes -

Mr. Gembala motioned to approve the minutes of the October 27, 2011 Executive Session and the October 27, 2011 Regular Meeting. Seconded by Mr. Volk. Motion unanimously passed.

Public Hearing

Public hearing for Casboni Estates – Ordinance #1545, an ordinance annexing certain real property
Proofs of Publication – Mr. Austgen confirmed that the Proofs of Publication are in order, timely published (in The Times and in the Post on October 26, 2011) and permitting this proceeding to be held validly.

Opening Remarks

The petitioner Mr. Phil Mulder of Lagestee Mulder Construction was there to represent the Casboni’s in the annexation of their 23.4 acre parcel into the Town of St. John. The front ten acres (the south ten acres) which fronts 109th Street, 256 feet on 109th Street and then 2,042 feet deep; on the north property line it touches the Olcott property development; to the east is the Landheim Training & Boarding Center. The entire acreage will be going to St. John and the front 10 acres is under contract to Pathway Church which has been in existence for about six years and they are raising funds to purchase the property first with a goal of building a church in the next three to five years.

Town Council Comments

Mr. Volk stated that he is concerned with the zoning; the annexation ordinance shows the ten acres coming in as C2 immediately upon annexation. The town’s comprehensive plan requires everything to come in as R1. Any approval would be contingent on them building there and no one else; it will revert back to R1 if they do not use it as a church building. Mr. Mulder stated that the reason for the C2 zoning is related to the financial reasons; the church wants to make sure they can build a church there.

Mr. Forbes stated that the town’s ordinance requires R1; what is laid out on the annexation plan is consistent with the town’s comprehensive master plan. The council is basing the annexation on the church being built there so they are requesting a written agreement. Mr. Kil added that the town would like an annexation commitment stating that the petitioner understands the C2 zoning is proprietary to the construction of a church; should the church not be built or they choose to sell the land that property would revert to a R1 zoning designation. Mr. Mulder stated that he does not believe there would be a problem with that. Mr. Austgen stated that they would consider the letter coming from Mr. Mulder to be a supplement to the petition for annexation and would incorporate the language into the annexation ordinance to protect the town’s position on its annexation policy while preserving the benefit that Mr. Mulder seeks.

Open to the Floor – Mr. Forbes opened the floor to public comment. There were no comments.

Closed to the Floor – Mr. Forbes closed the floor to public comment.

Resolution #11-11-17, Introduction of the Fiscal Plan –
Mr. Kil introduced the fiscal plan, he stated that they have 100% consenting annexation and the proposal right now is to construct a church in the next three to five years. The fiscal plan lays out police protection, fire protection, solid waste, trash, traffic control, etc. This will not impose a hardship on the community and they can handle the construction of the church or this new use without an increase in town services. There will be no additional roads, it will not affect snowplowing or things like that and the fiscal plan can be viewed at either the Clerk’s office or his office.
Ordinance #1545, an ordinance to annex certain contiguous land -
Mr. Barenie motioned to consider Ordinance #1545 on first reading only. Seconded by Mr. Volk. Motion unanimously passed.

New Business

Consider Ordinance #1542, an ordinance replacing ordinance #839 and establishing New Flood Plain Management Regulations –
Mr. Forbes stated that this was addressed at the Plan Commission; the State redid the flood plain management regulations, changed a lot of definitions which needed to be incorporated into the town’s ordinance. Mr. Kil added that they received new FEMA maps which prompted this. If the town did not amend their ordinance they would no longer be able to participate in the national flood insurance program. Mr. Austgen stated that IDNR and the staff responsible for this in Indianapolis checked off this proposed ordinance as a precondition to this being presented to the council, so there has been agency review. Mr. Volk motioned to adopt Ordinance #1542. Seconded by Mr. Hastings. Motion unanimously passed.
Resolution #11-11-17A, a temporary transfer and loan from Cum Sewer to General Fund –
Ms. Sury stated that there are appropriations for the general fund however, the fund is low. When they receive their property tax money from County, this fund will be paid back. Mr. Barenie motioned to adopt Resolution #11-11-17A. Seconded by Mr. Volk. Motion unanimously passed.
Resolution #11-11-17B, a resolution for additional appropriations –
Mr. Forbes stated that this allows them to put the money they just transferred and loaned into the appropriate fund.

Public Hearing & Proofs of Publication - Mr. Austgen stated that this procedure and this resolution require a public hearing. The public hearing was noticed and he reviewed the Proofs of Publication from The Times and the Post-Tribune. He stated that timely notice of the public hearing has been given so the council may conduct the public hearing on this matter and proceed on the additional appropriations.

Town Council Comments – None

Open to the Floor – Mr. Forbes opened the floor to public comment. There were no comments

Closed to the Floor – Mr. Forbes closed the floor to public comment

Mr. Gembala motioned to adopt Resolution #11-11-17B. Seconded by Mr. Hastings. Motion unanimously passed.

Ordinance #1546, an ordinance authorizing (I) the current refunding of the Town of St. John Sewage Works Revenue Bonds of 2004 and (II) authorizing the issuance of the Town of St. John, Indiana Sewage Works Refunding Revenue Bonds to provide funds for the payment of the costs thereof; addressing other matters connected therewith: and repealing ordinance inconsistent herewith –
Mr. Forbes stated that interest rates have changed since Mr. Barenie looked at this last December and it would be favorable to act on this now. Mr. Karl Cender stated that he has been asked to look into the possibility of doing a refinancing, they have talked to several underwriters and it looks favorable to proceed.

Mr. Cender stated that they have two scenarios detailed in a memorandum that he distributed to the council members and summarized their approaches to the refinancing by Fifth Third Securities and City Securities Corporation. Based on the projected savings he recommends the council proceed. He stated that he expects to hear back from the underwriter after Thanksgiving. Mr. Austgen stated that Ordinance #1546 has been drafted consistent with Mr. Cender’s presentation, both he and Mr. Kil reviewed it and they recommend the council consider the ordinance tonight. If approved tonight the timetable to close these bonds would be December 28th.

Mr. Hastings motioned to consider Ordinance #1546 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1546. Seconded by Mr. Hastings. Motion unanimously passed.

Mr. Forbes stated that along with this, they have Letters of Engagement for Barnes & Thornburg as bond counsel and Cender & Company for the refinancing work. Mr. Barenie motioned to authorize Cender & Company as well as Barnes & Thornburg to continue their work on Ordinance #1546 as previously discussed, to move forward with all paperwork and necessities to complete the process. Seconded by Mr. Volk. Motion unanimously passed.

Consider request for Variance of Use for Midwest Companies (unfavorable recommendation from Board of Zoning Appeals) –
Mr. Forbes stated that the BZA had a public hearing for the company to run train equipment repair. Mr. Volk stated that the location is just south of 101st paralleling the railroad tracks, is part of the Buchanan property which is the old Standard Lumber Company and the vacant parcel next to it. They wanted to buy auctioned / used railroad track repair equipment, rebuild it there and ship the equipment after it was sold. The biggest problems were safety concerns; they were a startup company and didn’t want to spend any money. The BZA wanted a fence around the property and a plan for the disposal of oils and hydraulic fluid. They have no building; it was an open air site so there was an aesthetic concern. Mr. Volk stated that he advised the company the town is willing to work with any business coming in but they need something more tangible such as a building.

Mr. Barenie motioned to uphold the recommendation of the BZA and deny the request for a variance of use. Seconded by Mr. Volk. Motion unanimously passed.

Authorization to transfer funds from the Haunted House account to Christmas in the Park account in the amount of $6,000.00 –
This is for the replacement of lights. Mr. Barenie motioned to approve the transfer of the funds. Seconded by Mr. Volk. Motion unanimously passed.
Consider donation of $500.00 to the St. John Lions Club for their participation in the special Children’s Haunted House –
Mr. Forbes stated that this is for their assistance with the special Children’s Haunted House activities. Mr. Hastings motioned to approve the donation of $500.00 to the St. John Lions Club. Seconded by Mr. Volk. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Forbes asked that the council authorize Christmas Eve off for the employees. Mr. Gembala motioned to approve Christmas Eve as an additional paid off holiday for the town employees. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Forbes gave a closing report for the Haunted House. He stated that it was open for 13 days, they had 103 volunteer “scare” actors all from local high schools, some have been with the Haunted House since it began, are now in college and came back to participate; 4,192 individuals passed through which includes 394 on kids days. A total of $47,560.00 was collected at the door with a total profit $16,572.95.

Mr. Forbes stated that they were reviewed by a group called “Haunted House Chicago” which is a web based group that is used as a locater and advertises haunted houses within 180 miles of Chicago; 91 haunted houses were listed on this site of those 48 were officially visited by their review team. The Lake Hills Haunted House was listed as one of the top 13 scariest haunted houses; they were #8 on the list.

Mr. Forbes thanked Standard Bank who had their workers there every night collecting money. He also thanked the backup people Mark Barenie, Steve Hastings, Ken Gembala, John Rainwater, Chip Sobek, Chief Frego and Steve Kil who also assisted at the door with collections. He thanked the Officers of the St. John Police Department, the Barenie family, Ken Gembala, Steve Hastings, Mr. Volk, and his wife and daughter for donating and serving meals to the volunteers every night. Mr. Gembala also stated that the Clerk-Treasurer was also involved in the process of the admission collections.

He confirmed that the new plow truck will be delayed until January 2012, and stated that he has had feedback from residents that some of the parks are very dark and would like lights installed. Mr. Forbes asked for approval to install streetlights in Schillton Hills Park for $6,225.00; Lancer Park for $6,675.00; and at the end of Schaeffer Drive for $2,750.00 for a total of approximately $16,000.00. Mr. Volk motioned to approve the above purchase. Seconded by Mr. Gembala. Motion unanimously passed.

Mr. Forbes stated that he had another request for a purchase for $24,106.00 for octane fuel. Mr. Barenie motioned to approve the request. Seconded by Mr. Hastings. Motion unanimously passed.

Mr. Forbes also stated that he had a request for a purchase to renew the software licenses for town uses. The amount requested is for $28,649.70 which will be split among various departments. Mr. Hastings motioned to approve the request for purchase. Seconded by Mr. Volk. Motion unanimously passed.

Clerk-Treasurer
Staff
Mr. Kil stated that he has a request from Jason in I.T. to dispose of some old computers. He referenced a list of equipment in the council member’s packets. He stated that the equipment is worthless and Jason has written a memo to that effect. Mr. Volk motioned to deem the items listed as of no value and to dispose of them properly. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Kil also referenced a letter from Project Love that was in the council member’s packets. Through the Farmers Market they have made an incredible contribution to this project which feeds 60 families every single week. They have taken truckloads of items donated by the vendors at farmers market every week.

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

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

Mr. Forbes suggested that the council give the town employees bonuses; $800.00 for full-time employees and $400.00 for part time employees. Mr. Gembala motioned to authorize the bonuses for the employees. Seconded by Mr. Volk. Mr. Austgen clarified that full-time employees are those working more than 1,040 hours and part time employees are those working less than 1,040 hours. Mr. Gembala amended his motion to include the definition of full-time and part-time employees by hours worked as stated by Mr. Austgen. Seconded by Mr. Volk. Motion unanimously passed. Mr. Forbes stated that this is not for elected officials; it is for full-time and part-time employees of the town only.

Payment of Bills for the Corporation

APV’s #9011 - #9211 for $1,222,803.62 - Mr. Barenie motioned to approve general APV’s #9011 - #9211 in the amount of $1,222,803.62. Seconded by Mr. Volk. Motion unanimously passed.

Public Comment –

None

Adjournment –

Mr. Gembala motioned to adjourn the meeting. Seconded by Mr. Hastings. Motion unanimously passed. Meeting adjourned 8:00 P.M.

The employee luncheon will be on Friday, December 16th. No action is needed by the council.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

12-08-2011 Town Council

December 8, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:00 P., Mr. Forbes recognized Ben Godlewski who completed the requirements for the rank of Eagle Scout and stated that he was a member of the review board for the award. Ben’s project was to rebuild the bridge by Kolling School. Ben led the Pledge of Allegiance.

Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, Vice-President; Gregory Volk, Member; Ken Gembala, Member; Stephen Hastings, Member; David Austgen, Attorney; Steve Kil, Town Member; and Sherry Sury, Clerk-Treasurer. Also in attendance was Fred Frego, Police Chief; and Fred Willman, Fire Chief. Absent was Chip Sobek, Parks Superintendent.

Presentation: St. John Police Department – Outstanding Traffic Safety Award –

Tabled until the December 29th meeting.

New Business

Resolution #11-11-17, a resolution adopting the fiscal plan for the Casboni Annexation -
Mr. Barenie motioned to adopt Resolution #11-11-17. Seconded by Mr. Volk. Motion unanimously passed.
Ordinance #1545, an ordinance annexing certain contiguous land (Casboni Estates) –
Mr. Forbes stated that this is a commercial and residential area alongside the Landheim Dog School. Mr. Austgen stated that the ordinance has been slightly amended to reflect the public meeting comments about the agreement to revert the zoning district classification in the event the church facility was not constructed. That change has been inserted into the ordinance and is accompanied by the letter dated November 23rd that outlines and ratifies the public meeting commitment made by the representative. Mr. Gembala motioned to approve Ordinance #1545. Seconded by Mr. Barenie. Motion unanimously passed.
Authorization to close the office of the Clerk-Treasurer on Friday, December 30, 2011 –
Ms. Sury stated that the office would be closed only to the public so that the clerk’s office can close the books for 2011. Mr. Gembala motioned to close the Clerk’s office to the public on December 30th. Seconded by Mr. Volk. Motion unanimously passed.
Consider approval of a special exception for Triple “M” Motors at 9225 Wicker Avenue for operation of used car lot (favorable recommendation from BZA) –
Mr. Forbes stated that there was a public hearing at the BZA. Mr. Volk explained that this is a request by the petitioner for another used car lot that was there previously. The petitioner agreed to all the considerations that the previous petitioner had agreed to: hours of operation, parking spaces, use of the building in the back for repairs. Mr. Kil stated that there is a list of the contingencies in the council member’s packet, nothing has changed. The petitioner has agreed to all the contingencies the previous owner agreed to. Mr. Forbes stated that there was a problem with the signage with the previous owner. Mr. Kil will discuss this matter with the new owner tomorrow. Mr. Hastings motioned to approve the special exception and incorporate the conditions and contingencies listed in the Finding of Facts. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Gembala thanked everyone who came out to witness the swearing in of the Council members tonight.

Mr. Volk thanked Mr. Kil, public works and a couple of employees in the audience for the leaf collection this year; it seemed to go pretty smooth.

Mr. Forbes stated that they are now facing the deadline to advise the Lake County Solid Waste Commission whether the Town is going to commit to sending their trash to the proposed Powers ethanol plant. Mr. Austgen stated that the specifics of the agreement (if the town will be charged if they don’t commit) may have changed due to a variety of circumstances such as public meetings, etc.; he will confirm the details for the next council meeting. Mr. Forbes added that sending their trash to the ethanol plant would save the town money for the dumping of the trash; the town would still pay for trash pickup.

Mr. Forbes stated that he has been contacted by residents regarding smoking inside the town office buildings. The request is to make all the buildings smoke free; discussion ensued regarding how the various buildings handle smoking in their facilities.

Clerk-Treasurer –
Ms. Sury congratulated all the council members and thanked Mr. Hastings for his service and that she appreciated his attendance and participation.
Staff
Mr. Austgen stated that they are working on the sewer bond refunding. He spoke with their financial advisor today and they are soliciting proposals for the financing and also spoke with one of the bank institutions that is interested. They will know in the next handful of days whether the underwriter can place the financing with one of these institutions and if it can be done on or before December 19th that the refunding will occur this year. It is on track and dependent on the placement of the financing.

Mr. Kil referenced the new construction summary, he stated that they are catching up slowly; they still have new permits coming in.

Public Comment

Mr. Adrian Bugariu, 11747 West 90th - summarized his problems since 2005 that were part of his law suit. Mr. Forbes told him that they cannot change history.

Mr. John Rainwater, 8737 N. Oakwood - stated that he has lived in St. John for 46 years and is starting a campaign against NIPSCO so they can get safe and reliable service in downtown St. John. The last two summers his voltage goes down when everyone turns on their air conditioning. He would like to know what can be done to have NIPSCO come out and look at the problem. Mr. Forbes stated that he has a contact at NIPSCO and will advise them of their concerns. Discussion ensued.

Adjournment –

Mr. Barenie motioned to adjourn the meeting. Seconded by Mr. Gembala. Motion unanimously passed. Meeting adjourned at 7:40 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

12-29-2011 Town Council

December 29, 2011 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:05 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, Vice-President; Gregory Volk, Member; Ken Gembala, Member; Stephen Hastings, 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.

Presentation: St. John Police Department – Outstanding Traffic Safety Award –

Deferred to the first January meeting.

Approval of minutes: November 17, 2011 Executive Session and November 17, 2011 Regular Meeting minutes -

Mr. Gembala motioned to approve the minutes of the November 17, 2011 Executive Session and the November 27, 2011 Regular Meeting. Seconded by Mr. Barenie. Motion unanimously passed.

New Business

Consider Ordinance #1547, 2012 Salary Ordinance –
Mr. Forbes stated that they have two copies. He recommends accepting and approving the Ordinance #1547 that was in their packets; this is the ordinance that has been reviewed by the Town Attorney. It is the one that says “the pay period ending December 29, 2012”. He noted that the ordinance includes a 2% pay increase for all the employees of the Town of St. John excluding the elected officials. Mr. Gembala motioned to consider Ordinance #1547 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1547. Seconded by Mr. Volk. Motion unanimously passed.

Consider annual contract with the St. John Volunteer Fire Department for 2012 –
Mr. Forbes confirmed that the dollar amount is the same. Mr. Hastings motioned to approve the annual contract as presented for the St. John Volunteer Fire Department for 2012. Mr. Austgen stated that the contract is identical to the ones of previous years except for the date. Seconded by Mr. Volk. Motion passed 4 ayes and 1 abstention by Mr. Gembala.
Consider Ordinance #1549, an ordinance authorizing the issuance of Tax Anticipation Warrants for Year 2012 –
Ms. Sury confirmed that they received their disbursement yesterday from Lake County and that they were able to wire the money today to pay the tax anticipation warrant that was due. Preliminarily, because the books are not closed for the year, at this time the general fund has $500,000 left until they receive the end of January, the TAW draw. That is why they are going for a tax anticipation warrant for 2012. Mr. Austgen asked Ms. Sury if they will need the entire amount in the proposed ordinance. She stated that she worked with Karl Cender and Bev; they will need $1.3M at this time. Discussion ensued. Mr. Austgen stated that the terms of the TAW when issued require, upon receipt of the tax receipts, the immediate payment of any TAW’s. Mr. Barenie motioned to consider Ordinance #1549 on first reading. Seconded by Mr. Gembala. Motion unanimously passed.

Mr. Volk motioned to adopt Ordinance #1549. Seconded by Mr. Gembala. Motion unanimously passed.

Resolution #11-12-29, a resolution authorizing entry into a joint Interlocal Cooperation Agreement with the Town of Schererville for Building Inspection Services -
Mr. Gembala motioned to adopt Resolution #11-12-29 and authorize the Town Council President to execute the same. Seconded by Mr. Hastings. Motion unanimously passed.
Consider Contract for Services with the St. John Township Trustee for Fire Protection and Emergency Medical Services –
Mr. Kil stated that the actual amount of $55,475 represents a 3% increase from last year. Mr. Volk motioned to approve the contract for services and authorize the Town Council President to execute. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Contract for Services with the St. John Township Trustee for Senior Citizen Drop In and Senior Citizen Bus Service –
Mr. Forbes stated that this is a yearly donation of $1,500.00. Mr. Hastings motioned to approve the contract for services and authorize the Town Council President to execute. Seconded by Mr. Volk. Motion unanimously passed.
Consideration and discussion of entry into a joint Interlocal Cooperation Agreement with the Lake County Solid Waste District –
Mr. Austgen stated that he reviewed this matter further since the last council meeting. The present circumstances of contracting by the Lake County Solid Waste Management District with its vendor are not complete. There is no site presently under contract or acquired for the proposed services, the financing is not complete or confirmed as final and/or transferred from vendor capitalist to the industrialist entity that is proposing this service. And it appears that no further action is occurring at this time by the district; hence, it appears the next action by the district when it next has a quorum will be to hold the term for the preferred pricing that is contemplated by the proposed joint Interlocal as presented to you, be held pending the ability and actual groundbreaking of a vendor successfully on an approved site so the member communities can appropriately decide by that point in time. That is a speculative and unknown date. Rather than enter into an agreement that has speculative terms, updates, modifications, complete party changes, it is advisable at this time to defer this pending more certainty from the district with confirmed terms or the proposed initiative. Mr. Gembala motioned to table this agreement for lack of activity by the solid waste district. Seconded by Mr. Volk. Motion unanimously passed.
Resolution #11-12-29A, Transfer of Appropriations within Department and into Other Departments –
Ms. Sury stated that this is the normal routine done every year so that all the appropriations balance to the line items in the categories that were set up in the budget for the departments. Mr. Barenie motioned to adopt Resolution #11-12-29A. Seconded by Mr. Gembala. Motion unanimously passed.
Amend the agenda for Resolution #11-12-29B – Encumbrance of Funds -
Mr. Barenie motioned to amend the agenda to include Resolution #11-12-29B. Seconded by Mr. Gembala. Motion unanimously passed.
Resolution #11-12-29B – Encumbrance of Funds -
Mr. Gembala motioned to adopt Resolution #11-12-29B. Seconded by Mr. Hastings. Motion unanimously passed.
Consider Ordinance #1550, an ordinance amending the Town’s Refuse Collection Ordinance –
Mr. Forbes stated that this is in answer to the SBA; the only item that changes in the ordinance is the inclusion of a rate structure that was agreed upon. Mr. Austgen stated that the current ordinance does not include the actual amounts, it just references the contract. The SBA stated that the actual amounts must be in the ordinance. He recommends the ordinance be considered on first reading at tonight’s meeting and a public hearing be held at the second meeting of January. Mr. Gembala motioned to consider Ordinance #1550 on first reading. Seconded by Mr. Volk. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Gembala thanked the council for a good year.

Mr. Volk also thanked the council for a good year and thanked Mr. Hastings for his services the past six months.

Mr. Barenie said ditto to Mr. Volk’s comments.

Mr. Hastings thanked the council, Mr. Kil, Chief’s Frego and Willman, Ms. Sury for all the help they have given him. He stated that they all work very hard and as a private citizen, he is confident the Town is in good hands.

Mr. Forbes referenced the NIPSCO problem brought up by Mr. Rainwater at the last meeting. They were advised of several improvements that have been made; Mr. Rainwater was contacted by NIPSCO as well. There are a few things NIPSCO is going to address. A voltage regulator was installed. Mr. Kil added that their new friend at the NIPSCO electric side; is a resident of St. John.

Mr. Rainwater stated that NIPSCO may do the inspections but they don’t do anything about them. The reliability of service has not changed. Discussion ensued. Mr. Kil stated that he is confident the NIPSCO employee that lives in town will follow up with their concerns.

Clerk-Treasurer –
None
Staff

Mr. Kil asked to dispose of a copier from 1999 that is located in the Police Department. Mr. Gembala motioned to deem the Canon 330S copier in the police department worthless and to dispose of it. Seconded by Mr. Volk. Motion unanimously passed.

Mr. Austgen stated that the town has a four year loan that is at its term and will require a motion for its extension at this meeting and ultimately a resolution to comply with statute. Mr. Kil stated that the outstanding balance is approximately $600,000. Mr. Gembala motioned to extend the Sanitary District Loan (WWTP). Seconded by Mr. Barenie. Motion unanimously passed.

Chief Willman read the November Activity Report for the Fire Department.

Chief Frego read the Activity Report for the Police Department. He also thanked the council for the salary increase on behalf of all the members of the police department. He also thanked them for their support in 2011 and looks forward to their continued support in 2012.

Payment of Bills for the Corporation –

APV’s #9212 - #9453 for $1,869,423.34 - Mr. Volk motioned to approve the general APV’s #9212 - #9453 in the amount of $1,869,423.34. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment -

None

Adjournment –

Mr. Barenie motioned to adjourn the meeting. Seconded by Mr. Hastings. Motion unanimously passed. Meeting adjourned at 7:52 P.M.

ATTEST:

/s/ Sherry P. Sury, Clerk-Treasurer

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