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Town Council Meeting Minutes 2012

Meeting Minutes

01-12-2012 Town Council

January 12, 2012 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:10 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; Larry Bustamante, 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.

Election of Officers

Mr. Gembala nominated Michael Forbes as President of the Town Council for 2012. Seconded by Mr. Volk. Mr. Gembala motioned to close nominations. Nomination unanimously passed.

Mr. Forbes nominated Mark Barenie as Vice-President of the Town Council for 2012. Seconded by Mr. Gembala. Mr. Gembala motioned to close nominations. Nomination unanimously passed.

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

Chief Frego recognized Officer Steve Rudzinski who is the coordinator for the Lake County Traffic Partnership and has received three grants. He stated that through his efforts sixteen departments have participated.

New Business

2012 St. John Fire Department Roster -
Mr. Volk motioned to approve the roster as submitted by the Fire Chief. Seconded by Mr. Bustamante. Motion passed with a vote of 4 ayes and 1 abstention by Mr. Gembala (because his name is on the list of 40 names).
Ordinance #1551, an ordinance amending 2012 Salary Ordinance ‐
Mr. Forbes stated that there was a typographical error when the ordinance was approved at the last meeting. The amendment is for the Animal Control Officer, correcting his rate of pay. Mr. Gembala motioned to approve Ordinance #1551 on first reading. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1551. Seconded by Mr. Bustamante. Motion unanimously passed.

Reports & Correspondence

Town Council ‐
None
Clerk-Treasurer ‐
None
Staff ‐
None

Public Comment

Mr. Adrian Bugariu, 11747 West 90th Avenue ‐ stated that he received the negatives, 11 of them were completely blank, not one of the pictures developed by Walgreens were given back to him. Mr. Forbes stated that all of his property has been returned to him. Mr. Bugariu also stated that he wants all the evidence from last year returned to him. Mr. Forbes stated that this was handled through Lake County and if he has any questions to contact them.

Adjournment ‐

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

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

01-26-2012 Town Council

January 26, 2012 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; Larry Bustamante, Member; David Austgen, Attorney; Steve Kil, Town Manager; and Sherry Sury, Clerk-Treasurer. Also in attendance was Chip Sobek, Parks Superintendent. Absent were Fred Frego, Police Chief; and Fred Willman, Fire Chief.

Approval of minutes: December 8, 2011 Regular Meeting; December 29, 2011 Executive Session and December 29, 2011 Regular Meeting ‐

Mr. Gembala stated that he would like to clarify the motion for the St. John Volunteer Fire Department from the December 29, 2011 Regular Meeting. The $10,000 was for the training center it is not the amount of the entire contract. Mr. Gembala motioned to amend the action taken in the December 29, 2011, meeting to be to approve the contract with the St. John Volunteer Fire Department as presented. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Gembala motioned to approve the minutes of December 8, 2011 Regular Meeting; December 29, 2011 Executive Session and the December 29, 2011 Regular Meeting with the amended change. Seconded by Mr. Bustamante. Motion unanimously passed.

Public Hearing

Ordinance #1550, an ordinance amending the Town's Refuse Collection Ordinance

Proofs of Publication ‐ Mr. Austgen stated that he has reviewed the Proofs of Publication for this meeting. The affidavits are in order and in evidence indicating timely publication, one time in each of the newspapers and that the public hearing may be properly conducted.

Opening Remarks ‐ Mr. Kil stated that this is taking the existing rate structure with the refuse collector and placing it in the body of the Ordinance as required by the State Board of Accounts. Nothing has been changed, no fees will be altered. It is to comply with the latest audit of the State Board of Accounts.

Open to the Floor ‐ No comment

Closed to the Floor

Closing Remarks ‐ None

Mr. Barenie motioned to adopt Ordinance #1550. Seconded by Mr. Volk. Motion unanimously passed.

New Business

Consider Professional Services Agreement for Engineering Services -
Mr. Barenie proposed the engineering firm of Haas & Associates for the 2012 calendar year for St. John Engineering Services. Seconded by Mr. Volk. Motion unanimously passed.
Consider Professional Services Agreement for Legal Services ‐
Mr. Austgen stated that he tendered a contract as requested by Mr. Kil and there are no changes in it except for the year. Mr. Forbes stated that he reviewed the contract and agrees. Mr. Barenie motioned to approve the agreement with Austgen Kuiper & Associates. Seconded by Mr. Bustamante. Motion unanimously passed.
Consider Professional Services Agreement for Financial Services ‐
Mr. Kil stated that Mr. Cender held his rates. Mr. Volk motioned to approve the agreement with Cender & Company. Seconded by Mr. Gembala. Motion unanimously passed.
Resolution #12-01-26, a resolution to “write-off” Uncollectible Bad Debt ‐
Mr. Gembala asked if this is due to EMS calls. Ms. Sury stated that this is due to mostly Medicare and some bankruptcy filings. Mr. Gembala motioned to adopt Resolution #12-01-26. Seconded by Mr. Barenie. Motion unanimously passed.
Consider annual donation to Safety Village ‐
Mr. Forbes stated that this is the annual donation to the Safety Village. It is a yearly donation they make in an amount not to exceed $2,000.00. Mr. Gembala motioned that they grant the donation of $2,000.00. Seconded by Mr. Bustamante. Motion unanimously passed. Mr. Forbes noted they received a treasurer's report on the Safety Village.

Board and Commission Appointments ‐

Mr. Forbes read the proposed appointments:
Board & CommissionsProposed AppointmentsTerm
Plan Commission Steve Kozel Jr. 12/31/15
Stephen Hastings12/31/13
Gregory Volk (Staff)12/31/12
Michael Forbes (Staff)12/31/12
Thomas Redar (Staff)12/31/12
Board of Zoning AppealsStephen Hastings12/31/12
Park Board Frank Bradtke12/31/15
Judeanne Natzke12/31/15
Ethics CommitteeDr. John DeVries12/31/13
For Lake Central Corp
Police CommissionRon Vale Sr.12/31/15
Rose Heijl12/31/15
Donald Farris12/31/15
Redevelopment CommissionMichael Forbes12/31/12
Kenneth Gembala12/31/12
Mark Barenie12/31/12
Gregory Volk12/31/12
Larry Bustamante12/31/12
Dr. John DeVries12/31/12
For Lake Central Corp
Pat Kocot12/31/12
For Hanover Central Corp
Economic Development CommissionGeorge Bellamy12/31/15
Contractors BoardThomas Redar12/31/13
Steve Kozel Jr.12/31/13
Richard Hoover12/31/13

Remaining Appointments were deferred.

Mr. Forbes read the proposed Town Council Liaison appointments for 2012:

Liaison Appointments

Plan Commission & Board of Zoning AppealsGregory Volk
Lake County CoalitionLarry Bustamante
Lake County Solid Waste DistrictMichael Forbes
NIRPCMichael Forbes
Park BoardMark Barenie
Police CommissionKen Gembala
Safety VillageSteve Kil

Notation made that the Fire Department, Public Works and Waterworks Board report to Steve Kil.

St. John Chamber of Commerce (New EDC ‐ when formed) Mark Barenie

Proposed Annual Appointments for 2012

Town AttorneyAustgen Kuiper & Assoc
Police Commission AttorneyAustgen Kuiper & Assoc.
Town EngineerHAAS & Associates
Financial ConsultantCender & Company

Mr. Barenie motioned to approve the appointments. Seconded by Mr. Bustamante. Motion unanimously passed.

Reports & Correspondence

Town Council ‐
None
Clerk Treasurer

Ms. Sury asked for approval to pay for the new snowplow for $144,607.00 from Chicago International Truck. Mr. Bustamante motioned to approve payment for the new snowplow from Chicago International Truck in the amount of $144,607.00. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Kil asked for approval for an invoice payment for the Town of Schererville for $921.44 for Building Inspection Services. He referenced a spreadsheet the council members received detailing the time spent. Mr. Gembala motioned to approve payment to the Town of Schererville for the Building Inspector Interlocal Agreement. Seconded by Mr. Volk. Motion unanimously passed.

Staff

Mr. Sobek stated that he will be sending out the proposals for all the contracted summer stuff in the next couple of weeks. He added that this year they need to do the five year master plan for the grant. He has started working on it and it is due next January.

Payment of Bills for the Corporation

APV's #9454 - #9455 for $1,369,815.11 for 2011 & APV's #7000 - #7154 for $883,646.47 for 2012, total amount is $2,253,461.58 - Mr. Volk motioned to approve payment of the bills totaling $2,253,461.58. Seconded by Mr. Bustamante. Motion unanimously passed.

Public Comment ‐

None

Adjournment ‐

Mr. Barenie motioned to adjourn the meeting. Seconded by Mr. Volk. Motion unanimously passed. Meeting adjourned at 7:26 P.M.

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

02-23-2012 Town Council

February 23, 2012 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:06 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Gregory Volk, Member; Ken Gembala, Member; Larry Bustamante, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance was Fred Frego, Police Chief; Fred Willman, Fire Chief; and Chip Sobek, Parks Superintendent. Absent was Mark Barenie, Vice-President.

Approval of minutes: January 12, 2012 Executive Session, January 12, 2012 Regular Meeting, January 26, 2012 Executive Session and January 26, 2012 Regular Meeting ‐

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

New Business

Consider Ordinance #1553, an ordinance establishing a St. John Economic Development and Promotion Committee ‐
Mr. Forbes stated that the purpose of this committee is to create a document to promote the town to businesses, to go out and attract businesses that would be of benefit to the residents and not wait to see what falls into town. He stated that he believes they need businesses that are more resident specific rather than location specific. Mr. Gembala motioned to consider Ordinance #1553 on first reading. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.

Mr. Bustamante motioned to adopt Ordinance #1553. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Consider agreement with Lake Hills Volunteer Fire Department for emergency dispatching services ‐
Mr. Kil stated that the contract is identical to last year with the exception of the dates. Mr. Bustamante motioned to approve the agreement and authorize the Town Council President to execute. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Authorize to bid new Snow Plow ‐
Mr. Forbes stated that this would be the fourth snowplow and would cover the fourth quadrant of the town which will improve the flow and the coverage in town. Mr. Kil stated that he would like to open bids during the second meeting in March. Mr. Bustamante motioned to advertise and accept bids for a new snow plow. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Ordinance #1554, an Ordinance amending Ordinance #1546 authorizing the refunding of the 2004 sewage works revenue bonds ‐
Mr. Forbes stated that by refunding and refinancing the bond they will save $250,000.00. Mr. Austgen stated for the record that the ordinance is a supplement to the enabling ordinance that authorized the bonds that was in process last fall, and housekeeping for the payment process as well as the call date. Mr. Volk motioned to consider Ordinance #1554 on first reading. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Mr. Volk motioned to adopt Ordinance #1554. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.

Reports & Correspondence

Town Council

Mr. Forbes stated that he received an e-mail from the Girl Scouts, March 12th will be their 100 Year Anniversary, and referenced the Proclamation (Exhibit A). Mr. Gembala motioned to authorize the Town Council President to sign the Proclamation. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Clerk-Treasurer ‐
None
Staff

Mr. Sobek stated that they are awarding the contracts for summer grass cutting, weeds, etc., and that the surveys for the five-year plan will be going out in the water bills next week and should be done by the end of next month. He stated that the Easter Egg Hunt will be March 31st.

Mr. Austgen stated that in reference to the new contracts Mr. Sobek mentioned, the new (State) law must be followed regarding the affidavits and immigration, E-Verify. Mr. Forbes stated that every contract the Town signs must include paperwork that the company does not have any undocumented workers.

Chief Willman read the Activity Reports for the months of January & February. He also commended his Administrative Assistant, Rachel Wilkinson, on her certification of Ambulance Coder.

Chief Frego read the Activity Report for the month of January. He stated that his 2011 report is included and they had a successful year.

Mr. Forbes stated there are four Requests to Purchase: Chief Willman gave an overview of the Task Force Monitors he would like to purchase. Mr. Bustamante authorized the request to purchase 2 Task Force Monitors for a total cost of $5,376.00. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Mr. Kil stated that he would like a fence installed around the Kilkenny Water Tower as the area is getting vandalized. Discussion ensued. Mr. Gembala motioned to authorize the purchase of the fencing from D&C Fence Company in the amount of $4,890.00. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Mr. Kil stated that the technology grant the Police Department received for Opticoms does not cover the entire amount. The Town's portion is $5,803.60. Mr. Bustamante motioned to approve the Town's portion of the purchase in the amount of $5,803.60. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Mr. Sobek requested approval to purchase candy for the Easter Egg Hunt from Greco Nut & Candy Company. Mr. Bustamante motioned to approve the purchase of the candy in the amount of $2,143.53. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Payment of Bills for the Corporation

APV's #7155 - #7362 for $1,438,023.05 - Mr. Volk motioned to approve the payment of the bills. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.

Public Comment

Mr. Adrian Bugariu, 11747 West 90th Avenue ‐ stated that he made a request and he demands the request be carried out.

Ms. Michele Haluska, Town Manager's Office ‐ stated that she wanted to advise the Town Council that they were contacted by Lowe's Home Improvement in order to find a nonprofit shelter, pantry or organization that needed some kind of improvement to keep the staff working through the winter; the information has been passed on and hopefully he'll have a report shortly to the administrative offices of Lowe's.

Adjournment ‐

Mr. Bustamante motioned to adjourn the meeting. Seconded by Mr. Gembala. Motion passed with a vote of 4-0. Meeting adjourned at 7:32 P.M.

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

03-22-2012 Town Council

March 22, 2012 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; Larry Bustamante, Member; David Austgen, Attorney; Steve Kil, Town Manager, and Sherry Sury, Clerk-Treasurer. Also in attendance was Fred Frego, Police Chief; Fred Willman, Fire Chief; and Chip Sobek, Parks Superintendent.

Swearing-In Ceremony: New Police Officer Dan Kolodziej ‐

Ms. Sury administered the oath of a Police Officer to Dan Kolodziej.

Approval of the minutes February 23, 2012 Executive Session and February 23, 2012 Regular Meeting ‐

Mr. Gembala motioned to approve the minutes of February 23, 2012. Seconded by Mr. Bustamante. Motion passed with a vote of 4 ayes and 1 abstention by Mr. Barenie.

New Business

Consider Ordinance #1556, an ordinance establishing Policies and Procedures to comply with State Immigration Law ‐
Mr. Austgen stated that this is an enabling ordinance that brings the Town into strict compliance with the Indiana Code Provisions that were implemented effective July 1, 2011 regarding illegal immigration procedures, verifying that the vendors and contractors doing business with the Town do not employ and do not utilize illegal immigrants. There are procedures for affidavits of omission related to same; there are employment practice procedures related to verification of not hiring and not retaining employment of illegal immigrants. This is state specific law. There are forms provided and procedures for the administration staff, Clerk-Treasurer, and department heads to utilize and the required processes. Mr. Austgen recommended that the Council consider, act on this and implement these procedures consist with State law. Mr. Volk motioned to consider Ordinance #1556 on first reading. Seconded by Mr. Gembala. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1556. Seconded by Mr. Volk. Motion unanimously passed.

Consider Ordinance #1555, an ordinance amending the 2012 Salary Ordinance ‐
Mr. Forbes asked that this item be deferred for one month, he stated that there is another issue that needs to be addressed. Mr. Austgen also recommended that this be deferred for one month. Mr. Gembala motioned to defer this item for one month. Seconded by Mr. Bustamante. Motion unanimously passed.
Authorization for Town Hall to be used as a "Polling" place for the Primary Election on Tuesday, May 8, 2012 ‐
Mr. Forbes said there have been numerous complaints by the workers and the people that utilize the Public Works building; lack of heat, fumes, etc. Mr. Barenie motioned to authorize the Town Hall main meeting room be used as a polling place for the Primary Election on Tuesday, May 8, 2012. Seconded by Mr. Volk. Motion unanimously passed.
Bid opening for new 2013 Snow Plow

Mr. Austgen stated for the record that the notice to bidders has been published in the Times timely on March 2 and March 9 and also the Post Tribune on the same dates.

The bids were opened and read by Mr. Austgen, Exhibit A.

Mr. Gembala motioned to take the bids under advisement. Seconded by Mr. Bustamante. Motion unanimously passed.

RES #12-03-22 a Resolution authorizing the lease purchase of 3 new squad cars ‐
Mr. Austgen stated that this is a resolution that authorizes the lease purchase financing of the squads proposed to be purchased. It is his understanding that the squads have been state bid. This resolution authorizes the plan for lease purchase financing and authorizes the Town Council President and Clerk-Treasurer to execute documents appropriate for same. Mr. Gembala motioned to approve Resolution #12-03-22. Seconded by Mr. Barenie. Motion unanimously passed.
Consideration and authorization of the retirement of the Police Department Canine (K-9) unit ‐
Mr. Forbes stated that the animals health dictates the retirement of the canine, ORK, and transfer of ownership to Officer Flores. Mr. Austgen added that the State Statute mandates a declaration by the Council that this asset of the Town needs to be declared no longer useful and fit for the purpose in any motion that is solicited. Mr. Gembala motioned to approve the retirement of the canine, authorize the transfer of the ownership, and deem the Police Dog no longer able to serve its purpose and value. Seconded by Bustamante. Motion unanimously passed.

Mr. Austgen suggested that ORK and Officer Flores be thanked for their service together and their teamwork activity. Chief Frego thanked them for their time served since 2004; he stated that ORK served his time well not only for the Town of St. John but for other towns as well. Chief Frego stated that Officer Flores is an excellent officer, he took good care of the animal and ORK will have a good home for the rest of his life with Officer Flores.

Consider acceptance of replacement Letter of Credit for Three Springs, Unit 2 in the amount of $494,005.60 ‐
Mr. Barenie motioned to accept the replacement Letter of Credit for Three Springs, Unit 2 in the amount of $494,005.60. Seconded by Mr. Volk. Motion unanimously passed.
Consider a Town Lease Agreement with St. John Girls Softball ‐
Mr. Forbes stated that the girls' softball league would like to build a concession stand and bathroom facility similar to that in the boys' baseball fields. They now use port-o-potties. The girls' softball league needs a lease to get the financing; they will build, maintain and operate the facility. Mr. Brian Gill, the Vice-President of the Girls' Softball league is a Loan Officer at Standard Bank which is where they are getting the loan. The bank needs the protection of the long term lease (30 years) for the softball league to get the loan. Mr. Barenie asked that this gets added on to the property casualty insurance. Mr. Kil stated that he has a copy of the Girls' Softball League Builders' Risk policy in place. Discussion ensued. Mr. Austgen stated that he has an outline and is in the process of drafting a long term lease and asked that the draft be reviewed by the Council for accuracy and completeness. Mr. Barenie motioned to authorize the drafting of a contract with St. John Girls' Softball Inc. Seconded by Mr. Gembala. Motion unanimously passed.<

Reports & Correspondence

Town Council ‐
None
Clerk-Treasurer ‐
None
Staff

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

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

Mr. Forbes stated that there are several requests for purchase:

  • Replace all 50 of the lights at Heartland Park, re-aim at least one if not several of the fixtures, and clean the shields and lenses on all the fixtures. Mr. Volk motioned to approve the request to purchase to Austgen Electric in the amount of $6,690.00. Seconded by Mr. Barenie. Motion unanimously passed.
  • Purchase 8,603 gallons of fuel in the amount of $28,207.41. Mr. Gembala motioned to approve the request to purchase. Seconded by Mr. Bustamante. Motion unanimously passed.
  • Replace the roof on the salt barn in the amount of $5,978.00 with Roger Lange Roofing. Mr. Bustamante motioned to approve the request for purchase. Seconded by Mr. Gembala. Motion unanimously passed.
  • The Fire Department annual renewal of Capstone Insurance in the amount of $34,610.00. Mr. Bustamante motioned to approve the request for purchase. Seconded by Mr. Barenie. Motion unanimously passed.
  • For the Fire Department, Zoll Medical Corporation for the maintenance of the three defibrillators. Mr. Gembala motioned to approve the request for purchase. Seconded by Mr. Bustamante. Motion unanimously passed.
  • For the Police Department, On-Daily-Report (correct vendor ‐ On-Duty Depot of Indiana) for two signal light bars for a total of $4,810.00. Mr. Gembala motioned to approve the request for purchase. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Sobek thanked the many sponsors of the Easter Egg Hunt that will take place a week from Saturday at Lake Hills.

Payment of Bills for the Corporation

APV's #7363 ‐ #7515 for $954,322.78 ‐ Mr. Volk motioned to pay APV's #7363 ‐ #7515 in the amount of $954,322.78. Seconded by Mr. Barenie. Motion unanimously passed.

Public Comment

Mr. Jim Thiel, 9490 Keilman Street ‐ presented and displayed a packet of notes that include nine historical pictures that are available for purchase at the Clerk's office at a cost of $6.00 per package. Mr. Thiel also stated that the St. John History Books are also available for $25.00 each.

Officer Steven Flores, Police Department ‐ thanked the Town Council and Chief Frego for the opportunity to serve as the Town's canine officer. He stated that it was great responsibility and he enjoyed every minute of it. They accomplished a lot and is grateful for all the support they have given him.

Adjournment ‐

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

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

04-26-2012 Town Council

April 26, 2012 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:06 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Gregory Volk, Member; Ken Gembala, Member; Larry Bustamante, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance was Fred Frego, Police Chief; Fred Willman, Fire Chief (arrived at 7:13 P.M.) and Chip Sobek, Parks Superintendent. Absent was Mark Barenie, Vice-President.

Approval of the minutes: March 22, 2012 Regular Meeting -

Mr. Bustamante motioned to approve the minutes from the March 22, 2012 Regular Meeting. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Proclamation: May 12, 2012 as "Fibromyalgia Awareness Day" -

Mr. Forbes read the attached proclamation (Exhibit A). Mr. Gembala motioned to approve the Proclamation. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Public Hearing ‐ 2012 Community Development Block Grant Project

Proofs of Publication ‐ Mr. Austgen stated that the Proofs of Publication in both The Times and the Post-Tribune are in evidence, indicating timely publication on April 9th, the public hearing may be conducted.

Opening Remarks ‐ Mr. Kil read the Opening Remarks and explained the CDBG Grant. He added that the Town has $69,500.00 of CDGB money to spend by June 13, 2013.

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 FY2012-2013, the Town of St. John CDBG allocation is $69,500.00.

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 13th 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 18th, 2012 for review by Lake County.

The floor is open for comments.

Affirmative Action Plan Adoption ‐
Mr. Bustamante motioned to adopt the Affirmative Action Plan. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

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.

Open to the Floor for Public Comment ‐ No comment Closed to the Floor

Reading of Section 3 Understanding Form - Mr. Forbes read the Section 3 Understanding Form.

LAKE COUNTY, INDIANA

Section 3 Understanding

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

Section 3 covered projects are construction, reconstruction, conversion, or rehabilitation of housing, including reduction and abatement of lead based paint hazards, or other public construction which includes building and improvements assisted with HUD housing and community development assistance. Section 3 covered contracts do not include 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 2012-2013

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:

Mr. Volk motioned to adopt the Section 3 Understanding Form. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.

RES #12-04-26, authorizing the 2012 CDBG project and directing Town Council President to submit a project proposal - Mr. Forbes stated that the project is to pave through Prairie West Park to improve access to the park and park equipment and make the entire park handicap accessible. Mr. Gembala motioned to adopt RES #12-04-26 and submit the proposal. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

RESOLUTION NUMBER 12-04-26

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 YEARS 2012-2013

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 project 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 SixtyNine Thousand Five Hundred Dollars ($69,500.00); 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.

ST. JOHN TOWN COUNCIL

Town Council President

ATTEST:

Sherry P. Sury, Clerk-Treasurer

New Business

Consider bid award for new 2012 Snow Plow ‐
Mr. Austgen stated that they reviewed the bids and recommend the lowest response and responsible bidder after careful and exhaustive review; Truck City of Gary for $147,428.00 as referenced in the Council member's package. Mr. Volk motioned to award the bid to Truck City of Gary for $147,428.00. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0. Mr. Kil stated that provided they get the notice to them, the Town should receive the snow plow by the end of October.
Consider award of the 2011 CDBG Project ‐
Watt's Subdivision Drainage Project ‐ Mr. Forbes stated that the lowest responsible bidder is Walsh & Kelly for $50,658.00. Mr. Gembala motioned to award the bid to Walsh & Kelly. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.
Consider commitment letter for Girls' Softball donation in an amount not to exceed $50,000 (Fifty Thousand Dollars and No Cents) ‐
Mr. Kil stated that this is to formalize the Town Council's commitment. Mr. Austgen added that he was confused by this item, where they are in the project and what the intent is. Mr. Kil stated that he is looking for a document for the loan officer for the Girls' Softball program of the Town's commitment to this project. Discussion ensued. Mr. Volk motioned for the Town Attorney and the Town Manager to continue discussions concerning the lease agreement with Girls' Softball to develop the bathroom/concession facility and to continue with the conditional commitment not to exceed $50,000.00. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.
Consider purchase of new 2012 Ambulance for St. John Fire Department ‐
Chief Willman stated that this is a demonstration model that has less than 4,000 miles. The one that is being replaced was bought used, is a 1998 and has 79,000 miles on it; he feels any repairs done on it would be short term. Mr. Austgen confirmed Mr. Forbes question that this item does not have to go out for bid as it cannot be spec'd or bid. It's within the price parameters; it's a demo, which is why it cannot possibly be practically bid. Mr. Bustamante motioned to approve the purchase of the demo model in the amount of $131,000.00. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Consider appointment of members to the Economic Development Committee ‐
Mr. Kil stated that an Economic Development Committee was created to develop strategies to market the St. John community to retail, restaurants, and other communities. Mr. Forbes read the list of members:
Mr. Stephen Z. KilTown Manager
Mr. Mark BarenieTown Council Vice-President
Mr. Nick GeorgioSt. John Chamber of Commerce
Mr. Bill KeithGeneral Contractor
Mr. Mark HillCentier Bank, Branch Manager
Ms. Kelly StomingPeoples Bank
Mr. Rich SetlakResident Member
Mr. John DeYoungFurniture store owner

Mr. Volk motioned to appoint names on the list read by Mr. Forbes as members of the Economic Development Committee. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.

Consider acceptance Letter of Credit for Meyer's Development in the amount of $45,139.80 (Forty Five Thousand One Hundred Thirty Nine and Eighty Cents) -
Mr. Volk motioned to accept the Replacement Letter of Credit for Meyer's Development in the amount of $45,139.80. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.
Consider Ordinance #1555, an ordinance amending the 2012 Salary Ordinance ‐
Mr. Forbes stated that they are cleaning up some language in the salary ordinance; employee positions, they miscalculated certain employee's percentages, and to address a State Board of Account issue. They are also clarifying the salaries for the seasonal instructors, and amending the Salary District Commissioner's pay. Mr. Bustamante motioned to consider Ordinance #1555, an Ordinance Amending Town Salary Ordinance #1547 Establishing a Schedule of Wages and Salaries for Employees, Fire and Police Personnel, and Town Officials of the Town of St. John, Lake County, Indiana, for 2012, and Repealing all Town Ordinances or Parts Thereof, in Conflict Herewith on first reading. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Mr. Gembala motioned to adopt Ordinance #1555. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.

Resolution #12-04-26A, a resolution for a Transfer of Appropriations, Fund 275 P.D. Special Revenue -
Mr. Gembala motioned to adopt Resolution #12-04-26A. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.
Resolution #12-04-26B, a resolution for a Transfer of Appropriations, Solid Waste Fund -
Mr. Gembala motioned to adopt Resolution #12-04-26B. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Reports & Correspondence

Town Council

Mr. Kil stated that there needs to be a public hearing on May 24th for the purchase of the ambulance. They decided to purchase a new ambulance when the current one went in for repairs. They intend to use approximately $105,000.00 out of the Ambulance Cap Fund and the rest out of the Cum Fire Equipment Fund. They have plenty of cash in both funds but to take money out of the Ambulance Cap Fund the Town Council needs to appropriate it which requires a public hearing. It's going to take some time to advertise the hearing etc.

Mr. Volk stated that he has received requests to re-establish the dumpster at the Salt Barn. The cost of the dumpsters is included in the cost to the residents. In the past it was behind a locked gate and residents had to show identification to access and he would like to have it available on weekends. Mr. Kil stated that it was discontinued because they were far exceeding their trash load number. Discussion ensued and the dumpster will be available on the weekends for residents only and signs will be posted.

Clerk-Treasurer

Mr. Sury stated that Mr. Bill Dravesky passed away; he used to attend the Council meetings, and that she represented the Town by visiting with his family at the funeral wake.

Staff

Mr. Sobek stated that the summer program brochure will go out next week. He also thanked the Lions Club and Cub Scout #550 who planted 100 trees in the parks last week. The trees were donated by Lions Club.

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

Chief Willman read the March Activity Report for the Fire Department. He stated that on March 9th the department celebrated ten years in the ambulance business in St. John.

Payment of Bills for the Corporation ‐

APV's #7516 - #7715 for $1,155,462.02 ‐ Mr. Bustamante motioned to approve APV's #7516 - #7715 for $1,155,462.02. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Payment of Bills for the Sanitary District / Wastewater District ‐ Mr. Bustamante motioned to approve for the month of February Sanitary District APV's #2006 - #2013 in the amount of $25,993.09; Waterworks APV's #3005 - #3010 in the amount of $18,454.79; the Water Utility APV's #4038 - #4102 in the amount of $674,026.39; and Wastewater Utility APV's #6015 - #6049 in the amount of $189,167.44; a bond payment for $68,715.67 and a bond payment for $3,419.33. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Mr. Bustamante motioned to approve for the month of March Sanitary District APV's #2014 - #2017 in the amount of $13,928.15; Waterworks APV's #3011 - #3013 in the amount of #12,590.24; Water Utility APV's #4103 - #4136 in the amount of $125,750.57; Wastewater Utility APV's #6050 - #6066 in the amount of $301,382.53. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Mr. Volk motioned to approve for the month of April Sanitary District APV's #2018 - #2023 in the amount of $24,955.41; the Waterworks Utility District APV's #3014 - #3017 in the amount of $19,056.89; Water Utility APV's #4137 - #4181 in the amount of $161,400.08; and the Wastewater Utility APV's #6067 - #6093 in the amount of $350,990.02. Seconded by Mr. Gembala. Motion passed with a vote of with a vote of 4-0.

Public Comment

Jack Davids, 10530 Bull Run Drive ‐ stated that he received a summons yesterday in violation of local Ordinance #1483 for his vehicle that was for sale, parked on business property that is prohibited. He knows nothing about this and would like to know why it is not made known to the public that a $100 fine is issued. He stated that he sees cars for sale on public property up and down Route 41. He made an agreement with the property owner and received permission to put the car there which was a paved parking lot on 93rd and Route 41 (Hearth & Home's property). He was never informed that he was in violation of an ordinance until he received the fine. Mr. Forbes stated that residents are allowed to put their vehicle on their driveway for sale. Mr. Kil stated that cars are not allowed to be placed for sale on property other than their own. He added they have given warnings in the past but people did not pay attention to it. Mr. Davids thought he was doing the right thing by getting the permission of the property owner; he suggests the Town advise the residents of this ordinance. Discussion ensued.

Adrian Bugariu, 11747 West 90th ‐asked why he received a ticket for parking in the same spot every day. He also asked why signs on poles are allowed.

Adjournment ‐

Mr. Gembala motioned to adjourn the meeting. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0. Meeting adjourned at 8:12 P.M.

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

05-10-2012 Town Council

May 10, 2012 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; Larry Bustamante, 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

Consider Ordinance #1557, an ordinance amending Town Zoning Ordinance #1483, regarding refuse and recycling enclosure regulations ‐
Mr. Forbes stated that this is from the Plan Commission, a public hearing was held. Mr. Volk added that this changes the type of fencing that can be used by existing buildings. Discussion ensued. Mr. Gembala motioned to adopt Ordinance #1557. Seconded by Mr. Volk. Motion unanimously passed.
Ordinance #1558, an ordinance amending the master zoning map of the Town and providing a change of zone for Lake Central High School from C-2 Highway Commercial to P (Public) ‐
Mr. Forbes stated that this parcel will be used as a staging area during construction and as a parking lot after that. There was a public hearing held by the Plan Commission. Mr. Gembala motioned to adopt Ordinance #1558. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council

Mr. Forbes stated that there will be triathlon in St. John this Saturday starting at 8:00 A.M.; streets will be closed depending upon the race action. Mr. Kil added that there will be policemen at the key intersections. Chief Frego stated that he went over the race route and that the race should be over by 11:00 A.M.

Mr. Forbes also stated that the MS4 Project is somewhat continuing; they have been stagnated by not getting the information they need from the County Surveyor's office. He would like to send another letter and this would be the third letter from him. Mr. Kil stated that he also sent the initial letter. They have not received a response from any of the letters. Mr. Barenie suggested that the letters be sent certified mail. Mr. Forbes stated that they should also mention cleaning the ditch in the Gates. Mr. Kil stated that he met with Dan from the Surveyor's office and they agreed the town would do the north side and the county the south side. The town has done their part and the county has not. Mr. Austgen suggested a personal visit to the surveyor's office prior to the third letter. He also stated that it is election time and officials are concerned with getting re-elected. He suggested that Mr. Gembala, who is a registered land surveyor, contact the surveyor's office for the information.

Mr. Forbes stated that Boy's Baseball wants to enter into a lease for the baseball fields. He has a copy of an agreement from the Town of Highland in the packet and would like Mr. Austgen to review that agreement. Mr. Forbes also stated that there is an agreement in the packet from Bryan Miller for the land (tower) lease for the antenna on 93rd Avenue. The proposal is to lease the land for $2,400.00; they are going to amend the agreement for $3,000.00 and ask for space on the tower for two antennas' one at 160 feet and one at 40 feet. Mr. Kil stated that the height of 160 feet will allow communication throughout the town. Mr. Austgen discussed some variables to look at with the tower contract negotiations.

Mr. Barenie summarized the first meeting of the Economic Committee Meeting held yesterday and also reminded everyone that the planning of the 175th Anniversary is ongoing; they have a “floor plan” of the events that will be held.

Mr. Volk referenced the discussion last month regarding reinstating the garbage dumpster at the salt barn and stated that a benefit of the trash pickup contract they are entitled to 104 dumpsters per year, the cost is rolled into the residents charge. Chief Frego stated that he has agreed to control the gate at the police station and verify residency. Discussion ensued.

Mr. Gembala stated that the parks are getting used; he said there are a lot of people fishing and a lot of out of State cars parked there on weekends. He asked if there are any regulations regarding that. Discussion ensued.

Clerk-Treasurer ‐
None
Staff ‐
None

Public Comment

John Rainwater, 8737 North Oakwood Drive ‐ stated that he was here before regarding the power problems with NIPSCO and that he has spoken with someone at NIPSCO who said they are looking at acquiring property for another substation. Mr. Rainwater is concerned it could take two to five years for the substation to be installed. Mr. Forbes stated that they just spoke with NIPSCO and the fact that they are putting Lake Central High School on its own substation is a benefit to the town as it reduces the load on the town. Discussion ensued.

Mr. Rainwater asked Chief Frego why the people on Wall Street sit in the left turn lane when they are going south; they need a sign there. Mr. Kil stated that the lane functions as a turning lane even though it is not painted that way. He will contact INDOT.

Fred Barr, 9653 Olcott Avenue (and property owner at 11050 West 97th Lane) ‐ stated that he would like to know what is going on at K-Mart and McDonald's in terms of economic development. Mr. Kil stated that Sears has a lease on the K-Mart property until October of this year. The owner of the other property is trying to sell the property and the vacant lot adjacent to it to McDonalds. Mr. Barr stated that he is concerned how the property can be developed with the traffic that already exists. Mr. Kil stated when the developer comes to the Plan Commission the traffic issues will be straightened out.

Adjournment ‐

Mr. Gembala motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed. Meeting adjourned at 8:23 P.M.

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

05-24-2012 Joint Sanitary District and Town Council

May 24, 2012 Joint Sanitary District Special Meeting and Town Council Study Session Minutes

Ms. Sims-Smierciak called the meeting to order at 6:38 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Patricia Sims-Smierciak, Vice-President; Frank Bradtke, Member; Richard Setlak, Member; Steve Kil, Town Manager; David Austgen, Attorney and Sherry Sury, Clerk-Treasurer. Absent was Michael Forbes, Town Council President and Ken Gembala, Town Council Liaison.

Mr. Bradtke motioned to amend the agenda to add the nomination of officers. Seconded by Mr. Setlak. Motion passed with a vote of 3-0.

Ms. Sims-Smierciak nominated Mr. Bradtke for President of the Sanitary Board. Seconded by Mr. Setlak. Motion passed with a vote of 3-0.

Mr. Bradtke nominated Ms. Sims-Smierciak as Vice-President. Seconded by Mr. Setlak. Motion passed 3-0.

Ms. Sims-Smierciak turned the gavel over to Mr. Bradtke.

Approval of the Minutes – Regular Meeting of January 16, 2012 -

Ms. Sims-Smierciak motioned to approve the minutes as presented (included minutes for Sanitary/Waterworks District Meeting that was held consecutively). Seconded by Mr. Setlak. Motion passed with a vote of 3-0.

SANITARY DISTRICT

RES SD#12-05-24
, a Resolution approving an operating agreement with the Town of St. John Council - Mr. Setlak motioned to approve RES SD#12-05-24. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 3-0.

PAYMENT OF BILLS – For the Sanitary District APV’s #2024 - #2027 for $15,536.59 & for the WW Utility APV’s #6094 - #6109 in the amount of $143,933.34 -

Ms. Sims-Smierciak motioned to approve payment of Sanitary District APV’s #2024 - #2027 for $15,536.59. Seconded by Mr. Setlak. Motion passed with a vote of 3-0.

Mr. Setlak motioned to approve payment of Wastewater Utility APV’s #6094 - #6109 in the amount of $143,933.34. Seconded by Ms. Sims-Smierciak. Motion passed with a vote of 3-0.

Any and all business that may come before the Board –

None

Public Comment –

None

Adjournment –

Ms. Sims-Smierciak motioned to adjourn the meeting. Seconded by Mr. Setlak. Motion passed with a vote of 3-0. Meeting adjourned at 6:44 P.M.

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

05-24-2012 Town Council

May 24, 2012 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; Larry Bustamante, 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 12, 2012 Executive Session, April 26, 2012 Executive Session, April 26, 2012 Regular Meeting -

Mr. Gembala motioned to approve the above referenced minutes. Seconded by Mr. Bustamante. Motion passed with a vote of 4 ayes and 1 abstention by Mr. Barenie.

Public Hearing ‐ Additional Appropriation in the Ambulance Cap Fund

Resolution #12-05-24A, a Resolution authorizing additional appropriation in the Ambulance Cap Fund

Proofs of Publication ‐ Mr. Austgen stated that the proofs of publication of The Times and the Post Tribune is in evidence indicating timely publication with a notice to taxpayers of this proceeding and that the Council may proceed with the public hearing.

Opening Remarks ‐ Mr. Kil stated that the reason for the additional appropriation is to purchase a new ambulance. The Town has the cash but it was not appropriated. Approximately $100,000 will come out of the Cap Fund; the remainder will come out of the Cum Fire Fund. Open to the Floor for Public Comment ‐ None Closed to the Floor

Mr. Forbes asked to entertain a motion on Resolution #12-05-24A, a resolution authorizing additional appropriations in the Ambulance Cap Fund. Mr. Bustamante motioned. Seconded by Mr. Volk. Motion unanimously passed.

Mr. Gembala motioned to adopt Resolution #12-05-24A. Seconded by Mr. Volk. Motion unanimously passed.

New Business

Consider Resolution #12-05-24, a resolution to renew participation in the Community Block Grant (Urban County Program) for 2013 through 2015 -
Mr. Barenie motioned to adopt Resolution #12-05-24. Seconded by Mr. Bustamante. Motion unanimously passed.
Consider request from Lake Central School Corporation for Waiver of Building Permit Fees ‐
Mr. Barenie stated that after significant discussion and understanding the challenges the municipalities have with the economy, and obviously knowing the school system has its challenges as well he motioned to reduce the building permit by a percentage of 20. Mr. Gembala asked Mr. Kil how much cost the Town will have to incur. Mr. Kil stated that they will incur engineering costs, anticipate a staff inspector for the life of the project which will be a few years; staff time needed to keep the project moving forward; over a three year period and that there will be considerable costs in the project. Seconded by Mr. Bustamante. Roll call vote: Mr. Volk, no; Mr. Gembala, yes; Mr. Bustamante, yes; Mr. Barenie, yes; and Mr. Forbes, no. Motion passed with 3 ayes, 2 nays.
Consider authorization to accept Sealed Bids for the Sale of Town Vehicles and Equipment ‐
Mr. Kil stated that they would open the bids at the second meeting in June and referenced the information contained in the members' packets. Mr. Bustamante motioned to authorize the sale of equipment via sealed bids. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Ordinance #1552, an ordinance approving an Operating Agreement with the St. John Sanitary District ‐
“An Ordinance of the Town Council of the Town of St. John, Lake County, Indiana, Approving an Operating Agreement with the St. John Sanitary District, Repealing Town Ordinance No. 643, and all matters related thereto” Mr. Barenie motioned to consider Ordinance #1552 on first reading. Seconded by Mr. Volk. Motion unanimously passed.

Mr. Gembala motioned to adopt Ordinance #1552. Seconded by Mr. Barenie. Motion unanimously passed.

Consider Resolution #12-05-24B, a resolution approving the renewal of borrowing from the Town's Sewage Works ‐
(Exhibit A). Mr. Forbes stated that the Council extended this loan in December by voice vote. This resolution is just reaffirming the action taken and the loan extension. Mr. Bustamante motioned to adopt Resolution #12-05-24B. Seconded by Mr. Gembala. Motion unanimously passed.

Reports & Correspondence

Town Council

Mr. Volk announced that last week was the start of the dumpster opening at the salt barn on Saturday's and Sundays. Mr. Kil stated that everything went well.

Mr. Forbes stated that he has a couple of Requests to Purchase:

Lettering on the new 2010 Ford E30 ambulance in the amount of $2,420.00 from LetterWorks; Mr. Bustamante motioned to authorize payment of $2,420.00 to LetterWorks. Seconded by Mr. Barenie. Motion unanimously passed.

A speed trailer for the Police Department; the current trailer is owned by Lake County and available to municipalities. The new one would be more sophisticated, with solar panels and the ability to download data. The purchase would be out of fund 275. Mr. Volk motioned to authorize the Stalker Radar speed trailer in the amount of $7,462.00. Seconded by Mr. Gembala. Motion unanimously passed.

Mr. Forbes also mentioned that the recording equipment in the main meeting room was antiquated. He would like to look into updating the equipment to a digital version. Mr. Kil stated that Jason is looking into this and will have an RFP prepared with all the information in it.

Clerk-Treasurer ‐
Ms. Sury stated that Mr. Kil will discuss the property tax reimbursements.
Staff

Mr. Kil referenced an annexation that occurred about seven years ago. He stated that part of the agreement was that the three parties would not pay corporate county taxes for ten years. They have had great difficulty getting the county not to charge them so the Town reimburses the property owners for the erroneous charges. The parties involved and amounts to be reimbursed are Joseph Wein for $813.65, Donald Barman, $75.20, and the Robert Backe Family Trust, $963.18. They are still trying to get this straightened out with County. Discussion ensued. Mr. Volk motioned to authorize the reimbursement for the Wein Family, the Barman Family, and the Backe Family Trust for the amounts previously stated. Seconded by Mr. Bustamante. Motion unanimously passed.

Mr. Kil also mentioned there has been an increase in the permit activity, last year at this time there were 27 permits issued; this year they have issued 42 with an additional 5 to be picked up.

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

Chief Willman read the April Activity Report for the Fire Department; he noted that the department is 84 calls ahead from where they were this time last year.

Mr. Gembala thanked Mr. Kil for the progress Public Works has been making on painting the fire hydrants.

Mr. Forbes mentioned that people attending the ball games are parking in the red spots reserved for the firemen. The spots need to remain available in case the firemen are called in. Mr. Kil will have signs installed.

Mr. Sobek stated that next week the summer events will start as well as the summer concerts; there will be three in June and three in July. He is also looking into a dog waste bag station for trails and some of the parks. It's a sponsored advertising, the sponsors take care of everything, restocking, etc. He added that the Park Board likes the idea.

Payment of Bills for the Corporation

Waterworks District APV's #3018 - #3020 for $12,397.22 & Water Utility APV's #4182 - #4228 for $158,418.90 total amount $170,816.12 - Mr. Gembala motioned to approve Waterworks District APV's #3018 - #3020 in the amount of $12,397.22 & Water Utility APV's #4182 - #4228 in the amount of $158,418.90 for a total of $170,816.12. Seconded by Mr. Barenie. Motion unanimously passed.

Town Council APV's #7716 - #7898 for $973,863.35 - Mr. Bustamante motioned to approve Town Council APV's #7716 - #7898 for $973,863.35. Seconded by Mr. Volk. Motion unanimously passed.

Public Comment

Michael Sears of the Law Firm of Crist, Sears & Zic of Munster stated that he is representing the Lake Central School Corporation and that Howard Marshall and John DeVries of the School Board were in attendance along with Bill Ledyard, the Director of Facilities. Mr. Sears stated that a 20% reduction leaves fees of $800,000 to $1,000,000 and he does not believe that fees in that neighborhood are reasonably related to what it costs the Town in exercising its powers to issue the building permit. Even assuming, based on what Ken Krause has spent so far, add an inspector or 2 or 3 inspectors for 3 years, and add Mr. Austgen's attorney fees. He can guarantee they are nowhere near $800,000 to a million dollars. They set forth what they think the law allows and cite Statute and hoped they would sit down with them and talk prior to the vote. They are disappointed and as the school's counsel he will confer with their client as to what the next step is. He requested the Council reconsider as the $800,000 to a million dollars and stated it is not in the ballpark.

Audrey Klaich, 9399 Olcott Avenue ‐ stated that to ask for and approve the waiver of building permit fees is a disservice and wholly unreasonable request. To place the tax burden upon the residents of St. John for a building that services two other communities is irresponsible and unjustifiable. The Towns of Schererville and Dyer voted just as equally to approve the building referendum and therefore voted to accept the cost of the building permit fees and people. The permit fees collected from the school corporation would be a much needed financial boost to a community instead of the future financial draining of St. John citizens. The Town Council is reminded of the current poor economic conditions and the high unemployment rate and the older fixed income in their Town.

David Klaich, 9399 Olcott Avenue ‐ suggested that everyone that gets permits should get a reduction. He stated that what's right for one is right for all.

Adjournment ‐

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

ATTEST:

____________________
Sherry P. Sury
Clerk-Treasurer

06-28-2012 BIDDERS RESULTS FOR VEHICLE AND EQUIPMENT.pdf
06-28-2012 Town Council

June 28, 2012 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 6:01 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; Larry Bustamante, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance were Fred Frego, Police Chief and Chip Sobek, Parks Superintendent. Absent were Mark Barenie, Vice- President and Fred Willman, Fire Chief.

Approval of minutes: May 10, 2012 Regular Meeting, May 24, 2012 Executive Session and May 24, 2012 Regular meeting minutes -

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

New Business

Consider Resolution #12-06-28, an Interlocal Cooperation Agreement with the Lake County Solid Waste Management District related to the proposed Ethanol Plant ‐
Mr. Forbes stated that they are committing their trash to the ethanol plant if and when it is built. This agreement will be used as collateral to attempt to acquire financing for the ethanol plant. It is a non-binding agreement. If they find the costs are not to their benefit they can back out of the agreement without penalty. The benefit to signing prior to July 18th is a stipend for being in the agreement. Mr. Austgen confirmed that there is not a risk in terms of the opting out of the garbage. However, in the agreement there is a twenty year relationship as a member of the Joint Interlocal Agreement. Once the Council joins it, it becomes a binding body. Mr. Volk motioned to approve Resolution #12-06-28. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.
Consider appointment of members to the Waterworks Board ‐
Mr. Kil stated that this is in accordance in what the Council recently adopted in their new operation with the Utility Board. There needs to be three members of the Town Council appointed to this forum. Mr. Austgen added for the record that the reason it is three council members and not all the council members is that the Statute in Title XIII, Indiana Code 8-1.5 provides that the Board of Waterworks is a three member body, there is no option for expansion, other than three members. Mr. Volk nominated himself, Mr. Gembala and Mr. Forbes. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.
Ordinance #1559, Anti-Nepotism and Contracting with Relatives Ordinance ‐
Mr. Forbes stated that this came from the State, it is not a mandate; however, if this is not approved the Town will not be able to present their budget. Discussion ensued. Mr. Gembala motioned to consider Ordinance #1559 on first reading. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.

Mr. Gembala motioned to adopt Ordinance #1559. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.

Mr. Austgen recommended that with the adoption of this Ordinance that the Clerk-Treasurer and Town Manager compile a list of all employees of the Town through July 1, 2012; that would be the baseline for identifying anyone that is entitled or is grandfathered or legal non-conforming pre the law. This would and should be made a public record. He recommends an agenda item at next month's regular monthly meeting be included that the list be presented and accepted on the public record and in the minutes. Then there will never be a question of whether someone was here before or after and whether the public law applies. Mr. Forbes agreed and stated that Mr. Kil will work with Ms. Sury to compile the list.

Opening of bids for Town Equipment and Vehicle Purchase ‐
Mr. Kil stated that there is a problem because the bid opening was advertised to begin at 7:00 P.M. not 6:00 P.M. Mr. Austgen stated that if the meeting concludes before 7:00 which is probable but not certain; the meeting should go into recess and at the conclusion of the Sanitary Board meeting, reconvene the recessed meeting to complete the business including the opening of bids related to the vintage fleet. Mr. Gembala motioned to move this item until the meeting reconvenes. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Consider donation for St. John Girls Softball League ‐ concession and restroom facilities at Heartland Park ‐
Mr. Austgen stated that the Council is permitted to contribute as they deem appropriate from the appropriate fund; this is in partial consideration of the long term lease that is contemplated and they (Attorney Austgen) are in the drafting stages of. It was not ready for tonight; it was not ready for advance review but they will have a lease very shortly. It is his understanding that this monetary amount was a partial consideration of the arrangement or agreement between the Town and that entity. He would recommend that the partial consideration be authorized tonight and they can anticipate on next month's regular monthly agenda a lease. Mr. Gembala emphasized that this money is for a Town building that will be on Town property. Discussion ensued. Mr. Volk motioned to make a donation to the St. John Girls' Softball field in the amount not to exceed $50,000.00. Seconded by Mr. Gembala. Mr. Austgen suggested that the donation be identified as the partial consideration for the anticipated long term lease.

Mr. Volk amended the motion to include that the donation be in partial consideration of the long term lease. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Consider donation to St. John Volunteer Fire Department for the maintenance of the Training Site ‐
Mr. Forbes stated this is a yearly amount that the Council donates for the training site of the Volunteer Fire Department. Mr. Gembala added that the training site is not owned by the Town, the Fire Department built it with all their own labor and donations. They maintain it themselves and the costs including maintenance, insurance and utilities (water and NIPSCO). Mr. Bustamante motioned to give a donation to the St. John Volunteer Fire Department Training Site. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Approval of Pay Estimate No. 1 (One) for Walsh & Kelly in the amount of $1,084.23 (One Thousand Eighty-Four Dollars and Twenty-Three Cents) for 2012 CDBG Project ‐
Mr. Kil confirmed that this is the project done in the Watts Subdivision. The county will pay $44,900.58; the Town's total amount for this project is $1,084.23. He added the project is basically complete except for some restoration and they are holding a retainage for that part of the project. Mr. Volk motioned to pay Estimate No. 1 to Walsh & Kelly in the amount of $1,084.23. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.
Consider approval of consulting agreement with Solomon, Cordwell & Buenz for Marketing Plan for Town of St. John ‐
Mr. Forbes stated that the Town's EDC has been active meeting wise in how to promote the Town commercially. Mr. Kil (a member of the EDC) stated that a problem the EDC is having is they do not have anything to present to potential businesses that represents demographic information on the Town. This company will develop the plan; this is the same company that developed the Town's Comprehensive Plan and the Zoning Ordinance. This includes a booklet of 8-10 pages. Discussion ensued about the requirement to have three quotes and the price not to exceed $20,000.00, with an actual total of $18,350.00. Mr. Austgen stated that the message Mr. Kil can take back to the Commission is that the Council is looking for additional proposals/qualifications with pricing so they have a recommendation on the full panorama of “like” requests. Mr. Forbes added that they need a little clarification of what businesses they are trying to pursue. He summarized that they need two more bids, qualifications of the bidders, and basically direction. Mr. Austgen stated that they have a body working on that; setting those parameters for the body would/could in most instances result in a recommendation of the body based upon obtaining all that data to this Council. At the end of the day they are doing the work; just like the Council gets recommendations from any of the Boards and Commissions to act on or not act on. Mr. Volk stated that he would like to see who they are doing this marketing for and who they are trying to attract. Discussion ensued. Mr. Volk motioned to defer this item. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.
Consider RES #12-06-28A, a resolution authorizing an extension of the Temporary Loan of Funds ‐
Ms. Sury stated that she only has an loan extension for the Sanitary District and does not have any temporary loan extensions for approval for the Town Council, there are no outstanding loans. Mr. Kil stated that this needs to be removed from the agenda as it is a Sanitary District item. Discussion confirmed that it was a Sanitary District Loan. Mr. Gembala motioned to remove from the agenda. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Consider special exception request for a sport court at 10119 South Branch (Hunter Atkins) (unfavorable recommendation) ‐
Mr. Forbes stated that he has been asked to open the floor for discussion. He is not going to do that. He believes it is completely inappropriate to do that; the BZA held their meeting on Monday night, the Public Hearing was held, was properly noticed, discussion was held there, public comment was taken there, he believes it would be inappropriate to open up and continue that discussion. He stated that he will entertain a motion regarding the unfavorable recommendation from the Board of Zoning Appeals. Mr. Gembala stated that he would to note that at that time when that information was provided, their unfavorable recommendation included the findings of fact. Two neighbors spoke against the request, and it was presented as a community court and that was the findings by the BZA. Mr. Volk motioned to accept the BZA's unfavorable recommendation based on the findings of fact by the BZA and to deny the variance. An Unidentifiable resident requested to speak (inaudible) and Mr. Forbes stated that the floor is not open to the public Seconded by Mr. Gembala. Motion passed with a vote of 4-0.
Consider special exception request for a sport court on vacant lot near 9792 Rosewood Court (Pat Hennessy)
(unfavorable recommendation) - Mr. Bustamante motioned to accept the unfavorable recommendation from the BZA incorporating the finding of facts and denying the variance. Mr. Gembala referenced the information the BZA gave to the Council regarding this request. The request received an un-favorable recommendation, request was previously denied by the Home Owners Association and there was an attorney representing some homeowners remonstrating against the request. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Consider variance of use request for home based business at 8770 Tapper Street (Michael Lazowski)
(unfavorable recommendation) - Mr. Volk motioned to accept the unfavorable recommendation from the BZA incorporating the finding of facts and to deny the request for a home based business at 8770 Tapper Street. Mr. Gembala added that the unfavorable recommendation included with the information they received was that the individual is a police officer and his guns and ammo would be used for a SWAT Team; the concern by the BZA is there is no way to regulate any additional sales that would occur. There is no way to restrict the home sales of firearms or ammunition. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0. Mr. Lazowski requested to speak and Mr. Forbes stated that the floor was not open to the public.
Consider consultant agreement for 2012 Haunted House ‐
Mr. Forbes stated that the contract is identical to what it has been for the past couple of years with the exception of the amount paid to the Consultants which would be $7,000 this year as opposed to the $6,000 paid last year. Discussion ensued. Mr. Bustamante motioned to accept the agreement. Seconded by Mr. Gembala. Motion passed with a vote of 4-0. Mr. Forbes added that he will present the budget for the Haunted House at the next Council meeting.

Reports & Correspondence

Town Council

Mr. Gembala asked for a couple of “No Parking” signs at Prairie Park West on the West Oak Ridge, east side of the street, the park side, Discussion ensued.

Mr. Bustamante asked why there is not a “Welcome to St. John” sign on the east side of Town on 93rd Avenue, discussion ensued regarding the location of the sign and Mr. Forbes stated that it is in the works. Mr. Bustamante also inquired about the two signs on 97th (Homestead Acres) off of Route 41 and stated that they look terrible. Mr. Kil stated that there is an entrance sign in the median and belongs to the subdivision. Mr. Volk stated that it could use some updating and Mr. Forbes disagreed and stated that it would be the developer's responsibility. Mr. Forbes stated that the Welcome sign on 93rd is on the Council's to do list when they have time. Mr. Volk asked if they had an association there, (Homestead Acres). Mr. Kil stated that there is no association. If anything Mr. Forbes stated that he would suggest taking it out and it is an odd place for the sign on the island. Mr. Kil asked if it should be removed, Mr. Forbes stated that no one would miss it and asked for feedback. Mr. Volk stated that used to be the entrance for the subdivision and Mr. Forbes stated that the majority of the traffic comes in off 97th Lane from US 41 and asked if there was a sign there. Mr. Kil stated that this is where the sign is at. Discussion ensued regarding the two island locations dedicated to the town and are considered (public right-of-ways) for these signs and the uncertainty of responsibility.

Mr. Forbes stated that he had several requests to purchase:

The fence at Heartland Park that separates Silverleaf from the boy's baseball field behind the Ice Arena is our property and responsibility. Discussion ensued regarding the three options for repair of the panels and reinforcement. Mr. Volk motioned to approve the $16,400.00 to D&C Fence for Heartland Park fence repairs. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Need to purchase of 8,500 gallons of 87 octane for $27,200.00. Mr. Gembala motioned to approve the purchase of 8,500 gallons of octane for $27,200.00. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.

Request from Jason, IT, for renewal of license agreements for GIS and a couple of other items for $2,740.00. Discussion ensued. Mr. Gembala motioned to approve the license renewals. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Request to pave parking lot at Heron Lake, (ski hill) Mr. Forbes stated that he would like to review first and will have ready for the next meeting.

From Parks & Recreation to replace a swing set in Patnoe Park for $2,596.00. Mr. Bustamante motioned to approve the new swing set. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Clerk-Treasurer ‐
None
Staff
Mr. Kil stated that he would like to hire a man to work at the Farmers Market for the summer. His name is Stephen Letz, 2307 Flint Court in Dyer. He will be paid out of the Farmer's Market fund and is out there every Sunday. Discussion ensued. Mr. Bustamante motioned to hire Stephen Letz as summer help at the Farmer's Market. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

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

Mr. Sobek reported all the programs all going smoothly this summer; concert attendance is pretty good and everything is pretty much okay.

Payment of Bills for the Corporation

APV's #7899 to #8136 in the amount of $1,353,256.15 - Mr. Bustamante motioned to approve APV's #7899 to #8136 in the amount of $1,353,256.15. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Public Comment

Adrian Bugariu, 11747 West 90th Avenue ‐ Demands the immediate resignations of Frego, Fryzel, Dodaro, Kil, Bustamante, Austgen, etc.

Ms. Christine Conroy, 10102 South Branch ‐ stated that there is a neighbor that consistently leaves their pool uncovered; they do not have a fence and is located next to a park where young children play. Several neighbors contacted the Town and were basically told they (the Town) cannot enforce that code. What can the Council do? Discussion ensued about the owner being in the house leaving the pool uncovered, it is a retractable cover. Mr. Forbes stated that he would like to research further. She asked if she should attend the next meeting. Discussion ensued and she asked if she should video it for them.

Lu Ann Franklin, Reporter, The Times Newspaper ‐ asked if there is not a State law that supersedes St. John law that states that there must be a fence around a pool. She stated that she knows that that has been a question in her neighborhood in Munster and they have been told that, yes, there must be a fence around any kind of in-ground pool and above could have a cover. She asked if they could check on state law because that has been a major issue in the community where she lives. Mr. Austgen stated that he is familiar with State Law and it does not require a fence if there is a cover. Discussion ensued regarding the time frame into checking into this and documenting.

Mr. Dan Steiner, Steiner Homes LTD ‐ asked if there is an appeal process after being denied at the BZA and not being considered by the Town Council. He is referring to the Hunter Atkins sports court. Mr. Austgen stated that his appeal for the adverse ruling from the Town Council following the public hearing process at the BZA is through the courts. Mr. Steiner stated that Mr. Atkins never said it was a community court. It is 30 by 40 feet; you can have a 3 point arc in there. They met all the ordinances; if you look at most pools they take up almost the size as a shooting pad in the backyard. He already poured the concrete pad and was not aware of the city ordinance for the sports court. The Atkins asked him if they could have a sports court when they purchased the house and he told them yes. All the neighbors are in support except for one adverse person and that is the person who owns the pool and does not keep the cover closed. He asked if they can reconsider the decision.

Mr. Hunter Atkins and his emotionally upset son - 10119 South Branch ‐ stated that they have been in St. John for 13 years, moved away for job concerns and moved back two years later. They love St. John. Their son has a goal to become a college basketball player; that pad is made for him to use 90-95% of the time. This is not a community park ‐ he never said that ‐ he said the neighbors are welcome to come. The one man that objected has reconsidered and signed the document agreeing to the sports pad. He has given his blood, sweat and tears to the community and has coached like 40 seasons in the St. John community. He has never had any problems. It's not going to be a bunch of kids with the radio blasting. His property does not butt up to the objector's property. They are doing additional landscaping. They had a sports pad in their previous home in St. John. He stated that he was told that they would have floor time to get another vote and yet they will not even let us speak. They have their neighbors there to support them, the coach from Lake Central is here to support their son and tell them about his character along with their current neighbors and previous St. John neighbors. Ms. Atkins stated that they are doing additional landscaping and when they lived here for 13 years, they did have a basketball pad in their backyard, we never in a million years dreamed that this would ever be an issue or if it would have been, she would have reconsidered building in St. John. Her husband is allergic to dogs and cats and we don't have an option of getting an existing home so anywhere in this town we will run into this. Mr. Atkins stated that he asked Terry (Building & Planning Department) two times what was needed for the public hearing; the green cards, return receipts, list from the assessor's office and the proof of two publications. He was blindsided when they started asking about drainage, etc.at the BZA hearing. Mr. and Mrs. Atkins continued on with their overall concerns and their denial for approval regarding the matter.

Mr. Forbes stated that he does not feel it is a matter of blindsiding or numbers; truthfully, the builder should have known better, should have been prepared. Mr. Atkins stated that he understands that; both he and Mr. Steiner overlooked it. They lived here for 13 years and it was never an issue. There is a basketball pad in their neighborhood right now; he's a politician in the county and he wants to know if it went through the 2011 BZA meeting because it's in there. He's pleading that they reconsider.

Mr. Forbes asked if there were any thoughts. Mr. Bustamante asked if they should look into it. Mr. Forbes stated that he didn't think anything was going to change. Mr. Volk stated that they could take another look at it. Mr. Atkins offered a comment and was denied by Mr. Forbes and stated that he could not address them and asked Mr. Austgen if they could they take any action on this. Mr. Austgen stated that they can remand it back to the BZA, that's where the administrative hearing was held. It was not opened to the floor at this meeting so they did not reconvene the public hearing here; so they have that option. Mr. Volk asked if it would hold up the process for the BZA or just pick up on where they were. Mr. Austgen recommended that they give notice to everyone so that no one is missed that would have an interest, would have a concern or comment. Mr. Forbes asked if they would have to go through the whole process again and notification to all neighbors. Mr. Austgen stated that they would not have to reapply and would not recommend that there be a reapplication fee and there would be the notification in the same manner to the list. Mr. Forbes stated that basically if they remanded it back to the BZA, they can address it again because it is one of our options. There has to be notification to everyone within 300 feet of them again and there has to be documentation that those individuals were noticed and present it to the BZA. Mr. Gembala stated that it is not allowed because the Town has always had problems. Just recently they had a problem where the pad went in and the landscaper didn't care and there were drainage problems in another yard. The Town is reluctant to give exceptions because it causes problems. Mr. Forbes added it is not a commentary on sports or basketball or families. It is the functions, the locations, and the effect on the neighbors. Mr. Forbes stated that he would entertain a motion to remand the special exception for the sports court request at 10119 S. Branch back to the BZA for further review. Mr. Austgen suggested that in advance of doing that; you solicit a withdrawal of the action that was taken and then subsequent motion being the remand. Mr. Forbes stated that he would entertain a motion to rescind the previous action on the sports court at 10119 S. Branch. Mr. Bustamante made the motion. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Mr. Forbes stated that he would entertain a motion to remand the sports court request at 10119 S. Branch back to the BZA for further review. Mr. Bustamante made the motion. Seconded by Mr. Gembala. Motion passed with a vote of 4-0. Mr. Forbes told the Atkins' to talk to Mr. Kil and figure out when they can schedule the meeting, make sure they get their notifications out, this is about the court. Bring all their drawings, bring all their plans, and make sure drainage is addressed; they are going to have a list of things they are going to consider. Discussion ensued. Mr. Forbes stated that the function is the greatest concern; having a lot of bodies there is probably not going to be helpful. You can have people there but in his experience it does not help. Mr. Atkins asked if people should sign a petition; Mr. Forbes replied either way, whatever they feel is appropriate; he does not feel the decision was based on the remonstrance. Discussion ensued. Mr. Austgen stated that Mr. Forbes' comments are not to be construed as Council or advice on how to proceed that is their burden, Mr. Steiner needs to read our book and figure it out so this does not happen again and that this is no guarantee.

Irene, (last name and address inaudible) stated that she lives in the Edgewood Subdivision ‐ she commented that the reason they moved into their subdivision is because they allowed them to have a basketball court. Their neighbor's first had the same fears the Atkins neighbors have but now they love it and also expressed her support for the Atkins.

Lesa DeJong, 10135 South Branch ‐ stated that the Town needs to take care of the speeders; one reason they want the sports court is so the kids are not running into the street after a basketball. Discussion ensued. She stated that they have had two trees stolen from their front yard. She asked that there should be some sort of speeding awareness campaign and also offered her support for the Atkins. Discussion ensued.

Ms. Laura Mentgen, 10095 South Branch ‐ stated that she agrees with Ms. DeJong that something needs to be done about the speeding. People cut through Lake Hills and drive down Parkside, she has seen two wrecks in that area; it is very bad in that area. She also said they have been egged twice since they lived there ‐ it has been only their cars. She has seen young boys skateboarding in the neighborhood that do not belong there; she has seen them walking with their skateboards with eggs in their hand. Discussion ensued.

Mike Lazowski, 8770 Tapper ‐ asked why he was denied his variance. Mr. Forbes stated that the BZA thought it was an inappropriate business in a residential district; there was no way to control the business if it was given the approval. There is no way the Town can put restrictions on home sales. Mr. Lazowski stated that when he began this process Chief Frego said there were two people in Town that have a license to do this; the BZA told him that Chief Frego told them there were not any people in Town that have a license to do this. When in fact there are two people in Town that have licenses; one lives approximately 3-4 blocks away from him that also advertises on the Internet. The difference between them and him is that he is a police officer and he is not getting this to open up a business, he is getting this to benefit a SWAT Team that responds to over 30 communities that does over 100 high risk search warrants a year not to mention 8-12 barricaded gunmen/hostage rescues. This is why he is getting a license, to benefit those. He was told by the BZA, that what benefit does this have to St. John and he stated in return that that it could benefit St. John; he could also supply the police department cheaper ammunition or other officers if they choose to buy a weapon. This is not a business he chooses to open up; this is not a business that is here for a profit; this is a license to be obtained to help officers putting their lives on the line on the high risk stuff. Ordinary people call the police for help, when the police need help, they call this team. These are the people that this town is denying.

Mr. Forbes stated that he appreciates his passion, he is a police officer but he fully believes this is an inappropriate business for a residential district. Mr. Gembala stated that the business he mentioned began in 1986 before these requirements were established. Mr. Lazowski stated that every three years when the other business renews his license he must meet all village requirements. Mr. Gembala said because they are grandfathered in; they do not have to meet subsequent ordinance requirements. Discussion ensued.

Mr. Lazowski stated that the second business is Gerald Hancock at 12042 West 97th Lane; the Town will investigate. Mr. Lazowski asked if this is a standing decision and Mr. Forbes stated that it was as far as he was concerned. Mr. Gembala agreed. Discussion ensued.

Opening of bids for Town Equipment and Vehicle purchase

Mr. Forbes stated that Item D was deferred because the advertisement for the bid opening we were going to accept bids until 7:00 and it is now 7:40 past the deadline for acceptance of the town equipment. Mr. Austgen stated he has reviewed the notice to bidders and they are in good order, have been timely published and the bids are properly received.

Mr. Austgen proceeded to open the bids ‐ Exhibit 1.

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

Adjournment ‐

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

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

07-26-2012 Town Council

July 26, 2012 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:23 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 and Fred Willman, Fire Chief. Absent was Larry Bustamante, Member and Chip Sobek, Parks Superintendent.

Approval of minutes: June 28, 2012, Regular Meeting minutes -

Mr. Gembala motioned to approve the minutes of the June 28, 2012 meeting. Seconded by Mr. Volk. Motion passed with a vote of 3-0 and one abstention by Mr. Barenie.

New Business

Consider special exception request for a sport court at 10119 South Branch (Hunter Atkins) ‐
(Consider recommendation from Board of Zoning Appeals) ‐ Mr. Forbes summarized the previous circumstances and the reason the matter came back before the Town Council because of no recommendation from BZA. Mr. Barenie motioned to support this variance; the court would not provide any drainage issues, there would be no lights. Mr. Forbes asked for discussion before they took action on that and Mr. Austgen stated that if a motion is made, there needs to be a second before the discussion. Seconded by Mr. Gembala. Mr. Forbes asked for some discussion. Mr. Gembala stated that they have been provided with more information this time and Mr. Forbes wanted clarifications on what if any exceptions there are and asked if this could be attached into the approval. Mr. Austgen stated that they have to authority to do so. Discussion ensued. Mr. Kil summarized the recent BZA meeting when this item was discussed and the reason for not receiving any recommendation. He stated that he sat with the builder and went through the issues the homeowners would need to address (drainage, landscaping, grading, lighting, etc.). Additional discussion ensued regarding the contingencies.

Mr. Todd Leeth, representing Steiner Homes stated that he was there to answer to any questions they may have. Mr. Forbes asked if Mr. Atkins was ok with the contingencies that they were placing on approval. Mr. and Ms. Atkins answered yes. Mr. Forbes then asked Mr. and Mrs. Atkins to acknowledge their discussion. Mr. Attkins stated that they would follow those rules. Mr. Barenie motioned to add a contingency that there would be no net, have the landscaping plan with arbor vitae and no lights around the sports court. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Award of Bids for Town Vehicles / Equipment -
Mr. Volk motioned to award the bids to the highest bidder on the bid tabulation sheet in the packet. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.
Corporate property tax reimbursement for Neil Florek / Phyllis Bergiel ‐
Mr. Kil stated that this is part of the west side annexation when St. John was in a dispute with the Town of Dyer. These individuals have at least 5 acres or more, Phyllis and Neil had ten. The agreement was that they would receive corporate property taxes for a term of 10 years. This is to authorize the reimbursement of that money as soon as the Clerk-Treasurer receives the paperwork from the County Auditor. Ms. Sury stated that the estimated amount of reimbursement will be around $700.00 but she had to re-verity the figures before issuing the reimbursement and explained the items non-reimbursable. Discussion ensued regarding the county code change, the time period of ten years and the efforts to work this out with county. Mr. Volk motioned to reimburse the property taxes to Neil Florek and Phyllis Bergiel. Seconded by Mr. Barenie. Motion passed with a vote of 4-0.
Consider special exception request for sale of automobiles at 10749 Wicker Avenue (Joseph Kubiak) ‐
(Favorable recommendation from the Board of Zoning Appeals) ‐ Mr. Forbes stated that there are contingencies of selling a maximum of two cars at any given time, the cars can only be placed in the northwest corner of the property. Mr. Forbes asked that they not be in the road right-of-way. Mr. Kubiak stated that they are way off the shoulder. Mr. Forbes stated that sometimes the cars look like they are ready to pull out onto Route 41. Mr. Gembala motioned to approve the special exception request incorporating the findings and facts and contingencies from the BZA. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Reports & Correspondence

Town Council

Mr. Gembala stated that Public Works has extra brush to pick up due to the recent storms and they may be off their regular schedule.

Mr. Forbes distributed the Haunted House budget which will be $36,100.00. Mr. Barenie asked about the cash collections and Mr. Forbes stated that it would be discussed in the next week or two. Mr. Gembala mentioned that this money does not come from the Town's budget and funds the Christmas in the Park. Discussion ensued. Mr. Barenie motioned to approve the Haunted House budget. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

Clerk-Treasurer

Ms. Sury stated that the docket approval is going to be less by $260.00 because of the reissuance of Check #18291 in the amount of $1,950.00 (APV #8242) that was voided and reissued by Check #18351 on July 26, 2012, in the amount of $1,690.00 due to an insurance adjustment. The amount for docket approval will be $1,588,886.14 representing a savings of $260.00.

Staff

Mr. Kil stated that the 175th is coming up the first week of October. Chief Willman read the Activity Report for the month of June.

Chief Frego read the Activity Report for the month of June. He mentioned that the Nite Out that is usually held in August was postponed due to the planning of the 175th anniversary.

Payment of Bills for the Corporation APV's #8137 - #8301 for $1,588,886.14 ‐ Mr. Barenie motioned to approve payment of the bills for the Corporation in the amount of $1,588,886.14. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Public Comment

Mr. Joe Storiz, 8922 Parkside Lane ‐ stated that believes the BZA should have given a recommendation on the sports court. He stated that he filed a remonstrance on this and asked why there is an ordinance. Mr. Forbes stated that there is an ordinance so they can review every request, which is a special request. Mr. Storiz mentioned that they (the Atkins) have lived there since May and the police have been called to their house, there is a police report. He asked them to reconsider their earlier approval.

Ann Crabtree, 9451 West 89th Avenue ‐ stated that Mr. Atkins is a coach and he will be coaching other kids; and that regardless of whether there are lights or not there will be kids out there all hours of the night. Mr. Forbes stated that this approval does not negate the noise ordinance or other ordinances that may apply.

Mr. Julian Robinson, 13301 James Drive, (Schillton Hills) ‐ stated that he feels that basketball courts are generally bad for property values. If he was looking at a lot it would be a deterrent. The Council's action shows their inconsistency. Mr. Gembala stated that part of the zoning process is if you want to do something special you can go before the Zoning Board Appeals and request a variance. Discussion ensued.

Ms. Lori Robinson, 13301 James Drive ‐ stated that she is against the basketball court and asked that the Council reconsider and send it back to the BZA for their recommendation.

Mr. Storiz spoke again saying he has lived their 6-7 years and does not want a sports court there. And now he is the bad guy. This has created spite. Mr. Forbes stated they did not create the situation; they did take his letter, they read it and took his opinion into account.

Adjournment ‐

Mr. Volk motioned to adjourn the meeting. Seconded by Mr. Gembala. Motion passed with a vote of 4-0. Meeting adjourned at 8:10 P.M.

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

08-23-2012 Town Council

August 23, 2012 Town Council Meeting Minutes

Mr. Forbes called the meeting to order at 7:28 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; Larry Bustamante, 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.

Proclamation: Childhood Cancer Awareness Month ‐

Mr. Forbes read the Proclamation ‐ See Exhibit A. Mr. Bustamante motioned to authorize signature of this Proclamation. Seconded by Mr. Gembala. Motion unanimously passed.

Approval of minutes: July 26, 2012, Regular Meeting minutes and Town Council Executive Session of July 10, 2012; Joint Town Council & Police Executive Session of July 10, 2012 and Town Council Executive Session of July 26, 2012 ‐

Mr. Austgen asked that this be a deferred item, there is some review going on with the minutes. At the attorney's request Mr. Forbes entertained a motion to defer the minutes. Mr. Volk motioned to defer the approval of the minutes. Seconded by Mr. Barenie. Motion unanimously passed.

New Business

Consider Resolution # 12-08-23, a resolution declaring Un-Collectible Bad Debt in the amount of Seventy Two Thousand Nine Hundred Forty Nine Dollars and Three Cents ‐ ($72,949.03) ‐
Mr. Kil stated that they cannot collect all the ambulance billing due to bankruptcies, they cannot locate the patients, Medicare/Medicaid related reasons. Mr. Austgen added that the items are the ordinary types of record keeping and ledger keeping cleanup. The format is in proper fashion and is authorized by State Statute. Mr. Kil's explanation about people dying, going bankrupt, disappearing, being uncollectible or some other calamity, or not eligible and not able to be paid is accurate. These are periodic recommendations the attorney makes in the course of collection that the amount is insufficient to waste time on, if it is de minimus in amount or an open account for collection. This is minimal and he asked Ms. Sury to tell them how periodic this happens; he understands it happens every six months or so, the records are cleaned up. Ms. Sury confirmed that is correct and they do the same with the water and sewer bills, they do those once a year. Mr. Gembala motioned to adopt Resolution # 12- 08-23. Seconded by Mr. Bustamante. Motion unanimously passed.
Consider two year Maintenance Bond for Silver Leaf Subdivision, Phase 1, in the amount of Five Hundred Seventy Six Thousand Six Hundred Thirty One Dollars and Ninety-Four Cents ‐ ($576,631.94_ -
(Favorable recommendation from the Plan Commission) - Mr. Volk motioned to approve Maintenance Bond #1076084. Seconded by Mr. Gembala. Mr. Gembala added that they have a favorable recommendation from the Town's engineering firm after they reviewed it. Motion unanimously passed.
Consider Letter of Credit reduction for Silver Leaf Subdivision, Phase 2, to the amount of One Million Fifteen Thousand Nine Hundred Sixty-Three Dollars and Thirty-Three Cents ‐ ($1,015,963.33) -
(Favorable recommendation from the Plan Commission) - Mr. Barenie motioned to approve the Letter of Credit. Seconded by Mr. Bustamante. Motion unanimously passed.
Consider two year Maintenance Bond for Saddle Creek subdivision, Phase 1 in the amount of Two Hundred Eighty Five Thousand One Hundred Twenty Four Dollars and Seven Cents ‐ ($285,124.07) -
(Favorable recommendation from the Plan Commission) - Mr. Gembala motioned to approve Maintenance Bond #1076085. Seconded by Mr. Volk. Motion unanimously passed.
Consider Letter of Credit reduction for Saddle Creek Subdivision Phase 2 to the amount of Five Hundred Twenty Seven Thousand One Hundred Sixty One Dollars and Fifty Three Cents ‐ ($527,161.53) -
(Favorable recommendation from the Plan Commission) - Mr. Bustamante motioned to approve Bond Rider #5026608. Seconded by Mr. Barenie. Motion unanimously passed.
Consider Ordinance #1561 a town amendatory ordinance of the Town Standards of Service for municipal water ‐
Mr. Austgen stated that this is the Ordinance that is recommended by the Water Board to be adopted that brings those procedures for disconnection up to current standards. Mr. Gembala motioned to consider Ordinance #1561 on first reading. Seconded by Mr. Volk. Motion unanimously passed.

Mr. Barenie motioned to adopt Ordinance #1561. Seconded by Mr. Bustamante. Motion unanimously passed.

Consider agreement with St. John Girls Softball ‐
Mr. Forbes stated that they have been discussing this; it is the agreement to lease the fields to girls softball so they may go and complete a loan transaction so that they can build the concession stand and restrooms at the softball field in Hartland Park. Mr. Volk motioned to adopt the agreement as presented. Seconded by Mr. Bustamante. Motion unanimously passed.
Authorization to hire: One Full Time Firefighter/Paramedic, One Full Time Public Works Employee, and One Part Time Public Works Employee ‐
Mr. Barenie asked for estimated start dates. Mr. Kil stated that they are taking applications for public works through September 7th, after that they estimate they will have at least 150 applicants. The goal is to have someone hired by November. Chief Willman stated that the paramedic position applications must be returned by the 30th of August, the physical agility test is September 10th, the following week will be a written test, verbal interviews with him and the week of the 24th (the last week of September) will be the Town interviews with whoever is involved so it will be in line the end of September. In line with this they also had one of their full-timers resign this week to take a spot in Orland Park. They anticipate one replacing him and this will allow them to do the other one while they're at it. Mr. Forbes clarified that we will be hiring one new full time firefighter/paramedic and replace one that is leaving. Mr. Kil confirmed that it would be pursuant to the eligibility list that will be established. Mr. Bustamante motioned to approve the hiring of the above positions. Seconded by Mr. Barenie. Motion unanimously passed.
Consider updated position description for Public Works employee ‐
Mr. Forbes stated that there is not a description for a part time employee so they need to approve an updated position description. Mr. Kil stated that the position description is the same for a full time and part time employee; they needed an updated description for an entry position which is what they are voting on now. Mr. Gembala motioned to approve the updated entry level position description. Seconded by Mr. Barenie. Motion unanimously passed.

Reports & Correspondence

Town Council

Mr. Bustamante thanked the Police Department for a job well done catching the kids that were destroying the mailboxes and cars. He added that some citizens in Bramblewood have asked about the possibility of a park. Discussion ensued on the possibility of a small park in the area of 93rd and Julia.

Mr. Forbes stated that they have a request to purchase from Chief Frego: A 2012 Dodge Charger to replace an existing 7 year old vehicle with 100,000 miles. The amount is $22,842.00 which does not include lights. Discussion ensued regarding the in-house installations. Mr. Bustamante motioned to approve the purchase. Seconded by Mr. Barenie. Motion unanimously passed.

Mr. Forbes stated that Operation SOS collects items for the holiday season for the troops overseas. They are requesting monetary donations and products by November 1st so they can ship them in time for Christmas. Mr. Forbes stated that this flyer will be posted in the Clerk's office.

Mr. Forbes stated that they have had discussions and that he and Chief Frego have discussed having a Resource Officer at Lake Central High School. He stated that Chief Frego has had conversations with the police chiefs from Dyer and Schererville to get the communication going. He stated that he ran into a Councilman from Dyer and they seemed very interested in the idea and he also talked to a Councilman from Schererville and they seemed interested in participating in an agreement. The Chief has a meeting set up with Lake Central. Mr. Forbes stated that he is going to discuss the idea with one other entity that he will contact but not identify at this time.

Clerk-Treasurer

Ms. Sury stated that all vehicles that were awarded to the highest bidders have paid for them and the titles have been released to them. The total amount collected was $7,659.00 and the money was deposited into the appropriate fund #275 for the police vehicles and #201 for the MVH one vehicle. They have the utility trailer left which had no bid and is in limbo. Ms. Sury asked what the Council would like to do with the trailer. Discussion ensued and Mr. Kil stated that he will add it to the list of items with no value referenced later.

Ms. Sury also stated there are some bills that should have been paid out of Park Impact Fees Fund #473 and put on this docket in the amount of $7,606.00. She stated that these bills were discovered when processing the park docket, therefore a second docket was prepared and would like to request that these bills be considered for approval and presented copies of the docket to the Council. Discussion ensued.

Ms. Sury requested that APV #8406 that is listed on the docket in the amount of $945.00 due Bankcard Services for the payment of the Dare Fundraiser portion of the Gary South Shore Railcats tickets be removed for approval from the docket to be presented at the Town Council meeting tonight. This request is due to the fact that the credit card purchase authorization does not have the accompanying paperwork attached verifying the additional 85 consignment of tickets that was listed on the un-numbered invoice stating that a total of 135 tickets were sold as there is only documentation of consignment for 50 tickets. Ms. Sury stated that she has been advised that claims against the Town: must be approved by an official or person seeking the goods and services; be audited for correctness; and approved by the Clerk-Treasurer. The Council may allow a claim only at a Council meeting and only if it is filled with the three criteria above being satisfied. As stated the documentation has not been submitted so there can be certification. If this request is ignored, be advised that she is prohibited by law from making payment until there is a clearly itemized invoice and documentation with the listed information to which she can conduct an audit to determine if the claim is true and correct.

Mr. Forbes stated that he did not understand. He referenced the e-mail sent out by Ms. Sury that there was a Town of St. John credit card authorization denoting that 135 tickets were sold signed by the Town Manager. He stated that there was also attached to the e-mail a group ticket invoice from the Railcats stating that the group name was the DARE of St. John and also noting that 135 tickets were sold. Ms. Sury stated that she has no actual documentation other than the consignment form of 50 tickets, the last attachment, to prove there were another 85 tickets. Mr. Kil stated the original consignment form the DARE officer took 50 tickets originally because he wasn't sure how many he would sell. He ended up selling a lot more tickets than he originally took. So he collected the money for the 114 tickets and which was deposited in the Clerk's office. They requested an invoice from the Railcats for number of tickets that was sold, which was supplied.

Ms. Sury stated that first it was 50 tickets that were sold which she had the consignment for, and next it was 100 tickets sold and two days later it was 109 tickets sold and this came in for 135. Chief Frego added that interest was generated as tickets were sold. Ms. Sury stated that she needs something to verify the 85 tickets. Mr. Kil stated that the cash was receipted in her office; she had the invoice from the Railcats along with his signature and the Chief's. Ms. Sury referenced the memo received earlier and on the earlier receipts there was no designation what money was DARE and what was donation. Discussion ensued regarding the price of the tickets to be $10.00 each with $3.00 per ticket going to the DARE Fund with reference to the original consignment of the initial tickets sold, the invoice, and authorization along with memo regarding the co-mingling of funds. She stated that she needs documentation on the 85 tickets on how that transpired and how it went down. Mr. Kil stated that he forgot to mention that he provided her office a deposit of funds along with a letter from himself documenting and verifying the number of 109 tickets that were sold a couple of months ago. Mr. Kil stated that he then sold more. She said it's a confusing mess; she must verify or account for the 85 tickets. Mr. Forbes asked if the cash is verification of the ticket sales. Ms. Sury stated that it is not of how many he got. Mr. Barenie stated that we didn't know if they sat in those chairs either.

Mr. Austgen stated that he is looking at the documentation Ms. Sury provided to him late today: Mr. Kil has signed a credit card purchase authorization form so let's assume for discussion sake there is confusion on how this all came together. They all came in pieces, or it came in stops and starts, as a process it didn't all happen in one bundle. Mr. Kil has executed as Department Head the credit card purchase authorization form to liquidate this into one pot. That form indicating quantity was 135 that being admission tickets that the description is provided, the unit price is provided, the total is provided and in this is the usual form for use and authorization of the credit card. He presumed that APV #8406 is the credit card. Verification acknowledged. On the signature authorization of the Town's executive administrator on a form properly promulgated in a manner required with his signature being who he is and what he does. In the course of documentation you have the number of tickets, the amount of money, you have the processing request and you have the date of approval. It says approved. So understanding there may have been confusion getting to this point, there is no other confusion. He reads this very clearly to be an authorization to pay for those tickets as it happened. If there is accounting for cash or the like that's another story. That is not this story. This is authorizing the Town's credit card being used to pay the vendor who provided the tickets which have already been used and for which we need to pay the credit card company. So if there is additional documentation you need beside this on official Town forms with his signature and date. Ms. Sury said she needed the 85 tickets accounted for. Mr. Austgen replied that he did it in the quantity of 135 on the Town form requesting payment verification and use of the town credit card. He did that by use of that form. The trail of tears is a whole other story, but he liquidated it into this amount on this form for payment of process. Unless there is something else, Ms. Sury stated she was concerned about the documentation for the 85 tickets. Mr. Kil stated that he has the DARE Officer, the Chief of Police and himself saying that 135 tickets were sold, he signed the form and the kids had a good time.

Staff
Mr. Austgen stated the Council could anticipate the Redevelopment Commission would be requested to have a meeting early next month related to an economic development agreement that will propose use of excess TIF funds that are on hand related to redevelopment / rehabilitation of some of the commercial districts and activities related thereto. He does not have the details; the Council will have them in the next couple of weeks. Mr. Austgen mentioned that Mr. Jim Thiel passed away and stated that he wished he would have known him better, when he looked at Mr. Thiel present at the meetings, he saw St. John and a tremendous civic and community oriented leader. Mr. Gembala summarized some of Mr. Thiel's involvement in the St. John community and Town government.

Mr. Kil distributed a list of old equipment that no longer has any cash value. The equipment was identified by the Jason the IT Director. He would like the Council to authorize the disposal of this equipment plus the trailer that was mentioned earlier in the meeting. The items have no cash value. Discussion ensued. Mr. Bustamante motioned to deem the ten computer items and the Public Works utility trailer worthless and have no cash value and can be disposed of. Seconded by Mr. Gembala. Motion unanimously passed.

Mr. Kil provided an update on the construction activity in Town. Through today's date they have 90 new construction starts. This time last year there were 56.

Chief Willman gave the July Activity Report for the Fire Department. Mr. Forbes thanked Chief Willman for going through the Haunted House with him and look at the construction that is being done. Chief Willman also mentioned that Lake Central High School called regarding the access roads. He is going to test them tomorrow.

Chief Frego read the July Activity Report for the Police Department. He also commended his officers for catching the kids vandalizing the cars and mailboxes. He said it is one of the largest criminal mischief sprees he has experience with $20,000 worth of damage.

Payment of Bills for the Corporation ‐

Park Impact APV's # 8480 - #8483 for $7,606 ‐ Mr. Barenie motioned to pay Park Impact APV's #8480 - $8483 in the amount of $7,606.00

Seconded by Mr. Gembala. Motion unanimously passed. General APV's #8032 - #8479 for $874,860.24 - Mr. Bustamante motioned to approve General APV's #8032 - #8479 in the amount of $874,860.24. Seconded by Mr. Volk. Motion unanimously passed.

Public Comment

Al Konieczka, 12548 West 101st Place ‐ stated that he was representing the Lions Club of St. John. He spoke with Mr. Forbes before the meeting; they are offering their assistance again this year at the Haunted House, they would be happy to volunteer again on the 27th and the 28th. He added that Jim Thiel was a long time member of their Lions Club. The park in Bramblewood is a wonderful idea and the Lions Club would be willing to donate up to $3,000 for equipment there. He would like the Town Council to consider naming that park after Mr. Thiel for all that he has done for this Town.

Sherry Sury, 11703 97th Lane, Homestead Acres, Addition 3 ‐ Property owner, taxpayer, former residential home contractor with husband Jim in St. John and voter since 1976 here in St. John. She is asking the Council to reconsider the position they took at the June Town Council meeting during the discussion that ensued whereas it was implied that the two old entry signs at Homestead Acres had no significance, were not important and that it would not matter to anyone if they were taken down, that no one would even miss them. However she stated that she disagrees with their opinion regarding these two landmark signs.

Ms. Sury stated that she was unable to address their comments at that June meeting as Clerk- Treasurer as she was taken off guard and was not asked for any input as this topic did not pertain to her position as an elected official, the Clerk-Treasurer. Furthermore, according to her best recollection from early March of this year she was asked for her opinion on two design choices for two signs with a request for purchase which was initiated and the design choice was made. She assumed that the request to purchase was in process because the initial signs without painting would cost about $1600 and signed off by the Town Manager with the painting process to be completed by our Public Works employee who does all the signs for the Town. For example, the Welcome Signs, Special Events, the Haunted House, Christmas in the Park, and the St. John Chamber of Commerce Corn Roast and believed that these signs would be erected when these tasks were completed.

In her opinion, she believes the permanent removal of these two landmark signs is a total disgrace to not only the residents of Homestead Acres but also to the developers of the partnership of O'Day / Fishtorn and their accomplishments that prompted the population growth since 1970 due to the installation of town sewers and the lift station they built. She will provide a little bit of history on this matter, however, before she continues she would like to state that she had several residents call her as to the status of their signs either refurbished or new and they even contacted the Town Manager as to the status of the signs because of the upcoming 175th anniversary. From 10-15 inquiries and conversing with Homestead Acre residents she can say unequivocally these early Homestead residents including my immediate family have lost their identify by these actions.

As to the history of Homestead Acres and the farmland that it was; the early 70's which later made the town move forward; the K-Mart, bank, Community Hospital, and residential construction due to the installation of the sewers by this partnership, the population figures from the 1970 census had 1,757 residents and the census in 1980 was 3,974. During this time, Lancer Estates, High Ridge, Candlelight Trails, Lantern Woods and Watts, newly annexed, came about. And Lantern Woods was the only subdivision that had a Homeowners' Association. Entrance signs were not erected at any entrances of these subdivisions; the O'Day / Fishtorn partnership installed these signs to identify Homestead Acres. In 1973 and.

Mr. Forbes asked Ms. Sury to cut to the chase; he's a little over the history lesson. He asked Ms. Sury if she wanted these signs replaced. Ms. Sury stated that yes she does. Mr. Forbes stated the so called historic signs she was referencing were dilapidated, falling apart, uncared for by anyone in this subdivision. They were determined to be a hazard, they were removed. He asked if she was suggesting we use tax payer money to install subdivision signs in her subdivision? Ms. Sury replied yes. Mr. Forbes asked if it is appropriate to use taxpayer money to augment your subdivision. Ms. Sury stated it was for the contribution Fishtorn & O'Day made, for what they did to make this Town grow, yes she does. Mr. Forbes stated he does not agree with her. Ms. Sury stated that Fishtorn & O'Day even up to 2002 donated land and easements to the bike trail. Mr. Forbes stated he appreciates that. They have not had a homeowners association to put any signs up. Mr. Forbes stated that White Oak Manor, where he lives, does not have a homeowners association and does not have any entrance signs but they don't feel they do not have an identity. There are multiple subdivisions that don't have entrance signs. He disagrees with her he doesn't feel that there is a historic significance to these signs. They were two pieces of wood on a post, they were dilapidated and uncared for, and now you are going to tell me, and I completely disagree, using taxpayer money for these signs is completely inappropriate. Mr. Forbes asked the other Council members for feedback.

Ms. Sury asked why she was asked her opinion on the design of the signs and under the assumption that the request for purchase was signed off for in March. Mr. Forbes stated he did not know what she was talking about. Ms. Sury stated that it was signed off in March. Mr. Kil stated it was the early part of March and he asked for the Town Council's opinion and that's what brought us to this point right now. Mr. Bustamante asked if these signs were at 97th and he stated that he brought that up because they were an eye sore. Discussion ensued.

Ms. Sury stated that the contractors dedicated everything to the Town. They helped promote the Town to what it is. They were the first ones to get the sewers, it was a mandate at that time, septic permits were not approved. Ms. Sury tried to explain the involvement of the prior Council Members that were involved at that time so the rest of the town could get sewers and the Watts annexation was a part of that movement to secure the funding. This earlier contribution by the O'Day / Fishtorn Partnership helped this situation, the population grew and the significance is there. They donated everything to the Town including the signs. She stated that she cannot understand why it wouldn't be the Town's responsibility to put the signs back up. Ms. Sury stated that Ms. Renate Fishtorn is here and would like to add a few comments since she couldn't finish. Mr. Forbes stated that they will take her request under advisement and look at the signs and locations that are proposed and that he is not in favor of this.

Renate Fishtorn, 9740 Olcott ‐ stated that she is the daughter-in-law of George M. Fishtorn one of the partners in O'Day / Fishtorn. When we started out here, this is not history but fact, it was just a small town and you had to pack a picnic lunch to get here. After a lot of thought with the partnership and their families, on whether they should take this on or not, they did. They installed the sewers, they installed sidewalks as a safety feature for families, they also put public utilities underground ‐ a first for St. John made the landscape more aesthetic, more pleasing. She stated that she feels that Homestead Acres set a new standard of country living. Many decisions came with much thought. Even the winding streets were planned so it would not look like a city grid feeling. She thanked all the families that settled in their subdivision, the custom design gave this section of town individuality and charm. She loves the live and let live policy and certainly did not expect to be singled out by pettiness. She feels that having to beg for replacement signs at the entrances of Homestead Acres is degrading and demeaning after all that was dedicated to the Town. My husband, Don, would mow the grass, before it was dedicated to the Town. She said the subdivision propelled the Town into the future. Don't forget St. John was one of the 50 best Towns to live in, in the United States. And not too many towns have that honor.

Brenda Bagherpour, 8347 Heron Lake Road ‐ stated that she lives behind the school and the construction goes from 6 a.m. to 7 p.m. because they are behind. She wears an I-Pod or earmuffs around the house because of the noise. The daily work schedules differ and they even worked on a Saturday and one Sunday, with one person. She doesn't work so she hears the noise all day. They are constantly dumping something or moving things, her house shakes and it appears the workers repeat themselves all the time. She mentioned that when the construction activity stops, the band plays. Discussion ensued regarding the ongoing construction process. She stated that she believes the town does not care about the residents but only the school and inquired if the building permit fees were decreased again. Mr. Forbes stated that he will not discuss this with her. She stated that the school controls the town. They are putting their house up for sale because they cannot put up with this for four years. Ms. Bagherpour referenced Ms. Sury request regarding the signs, she stated that their sign is gone and will never go back up again.

Donna Criner, Director of Northwest Indiana Cancer Kids ‐ Thanked the Council for stepping out; they are so humbled by the response from all the communities in Lake County to bring awareness to childhood cancer. She said to check their mailboxes as they are going to be doing some awareness activities in the communities.

Joe Hero, 11723 South Oakridge Drive ‐ stated that he thinks they heard Ms. Sury make an appeal to maintain the character of what was Homestead Acres. He remembers George Fishtorn; a very honorable and fair man and a significant portion of that subdivision established the character of St. John. He thinks what Ms. Sury was arguing for is very important. There are parks named after people that have contributed to the Town, there are streets named after people who have contributed to the Town. He thinks the identity of Homestead Acres being tied to Mr. Fishtorn should be restored. It is the identity of the most significant developers in this community and he supports what Ms. Sury said. He also stated that he thinks Ms. Sury is owed an apology for how rude Mr. Forbes was to her when she was cut her off and would not let her finish.

Adjournment ‐

Mr. Volk motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed. Meeting adjourned at 8:40 p.m.

ATTEST:

/s/ Sherry P. Sury
Clerk-Treasurer

09-13-2012 Town Council

August 23, 2012

Town Council Meeting Minutes
Forbes called the meeting to order at 7:15 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; Larry Bustamante, Member; David Austen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Also in attendance was Fred Frego, Police Chief and Fred Willman, Fire Chief (arrived 7:22 P.M.). Absent was Chip Sobek, Parks Superintendent.

Proclamation: “Constitution Week” ‐

Mr. Forbes read the proclamation, Exhibit A. Mr. Bustamante motioned to authorize the Town Council President's signature of the Proclamation. Seconded by Mr. Gembala. Motion passed with a vote of 5-0.

New Business

Consider Resolution #12-09-13, designating U.S. Highway 41 as part of “The National Purple Heart Trail System” ‐
Mr. Kil stated that this resolution is something that will be carried down to the State legislature; the resolution is to show the Towns support. Mr. John Mateyko, Vice Commander of the Military Order of the Purple Heart added that Highland and Schererville have passed their resolutions and Hammond is scheduled for the 24th. Once all the communities have passed their resolutions he will go to the State legislature to ask that the designation be made. Mr. Volk motioned to approve Resolution #12-09-13. Seconded by Mr. Gembala. Motion unanimously passed.
Consider of Employee Listing, effective as of June 30, 2012, related to the Anti-Nepotism and Contracting with Relatives Ordinance #1599 ‐
Mr. Austgen stated that this is a recommendation so there is a public record made of the listing and recommended by the State Board of Accounts. Mandatory requirements will be forthcoming, certifications in light before year end and will go hand in hand with the budgeting process. Discussion ensued regarding the effective date. Mr. Gembala motioned to adopt the employee list as presented. Seconded by Mr. Bustamante. Motion unanimously passed. Mr. Austgen also recommended to the Clerk and Town Manager the dissemination and distribution of the ordinance to everybody and to secure a receipt and acknowledgement. Mr. Kil added that the list also contains the date Ms. Sury receives the acknowledgement. Discussion ensued.
Consider amendment to Lease Agreement with St. John Girls Softball ‐
Mr. Barenie stated that the utilities are exactly like the boys softball agreement. Mr. Forbes stated the language was changed in the previous contract, girls' softball has never been responsible for gas, utilities, and lights like boys baseball and there was an error in the previous contract.

Mr. Barenie mentioned his concern regarding the locks and the proposed usage by residents of the field. Oscar Martinez, President of the St. John Girls Softball stated that there are signs on the field in Highland as well, no pets allowed. The locks are there so the fields do not get damaged because of the money they put into those fields, such as irrigation, fertilizer, gravel etc. They are proposing to their Board that the coaches and managers have keys to the fields. They are looking at getting donations for usage of the fields by others. He added there is a lot of green space there in the event someone wants to practice and the field is locked. Discussion ensued. Mr. Martinez stated that all calls are referred to him from Chip (Park Superintendent) that he receives regarding the use of the fields. Mr. Barenie questioned the procedure for making arrangements for example, for a father and son to practice if the coach is not available to get the keys. Discussion ensued regarding the use of the green space, the not gated t-ball fields, in-field spaces, batting cages, etc. that are available for use. Mr. Volk motioned to approve the amendment to the lease agreement with St. John Girls Softball. Seconded by Mr. Bustamante. Motion unanimously passed.

Reports & Correspondence

Town Council
Mr. Gembala stated that they are working on a water main on Olcott and is concerned it gets done before the weather changes. Mr. Kil reported the status and that they are on schedule.

Mr. Forbes stated that he received an e-mail last week regarding the payment of their TIF districts. St. John has paid off their obligations to the TIF districts. All monies will be dispersed to the proper authorities. Mr. Kil added that Dr. DeVries wanted to thank the Town Council and was excited to hear that about $65,000 was being released back to the Lake Central Construction Account and because there is not much in the TIF District for Hanover they will get about $6,000 or $7,000 and the money returned to the taxing districts.

Clerk-Treasurer
Ms. Sury stated that she did receive all the bonds back for the TIF. She also asked that the Council approve payment to Truck City in the amount of $147,428 so they can cut the check and when the snow plow is delivered they can give them the check. They anticipate delivery next week. Mr. Bustamante motioned to authorize payment of the snow plow to Truck City in the amount of $147,428. Seconded by Mr. Volk. Motion passed with a vote of 5-0.

Ms. Sury also asked for permission to release a check for an annexation refund to Adolph & Jeanne DeGrauwe for 2011 pay 2012 for two properties in the amount of $1,445.22. Mr. Kil added that the DeGrauwe's are part of the greater Dyer annexation and there is only one person left to be reimbursed, Fern Buchmeier. She would be the last one in that area for this year. Mr. Barenie motioned to authorize release of the check in the amount of $1,445.22 as stated. Seconded by Mr. Volk. Motion passed with a vote of 5-0.

Staff

Mr. Austgen recommended the Town Council consider ratifying the Redevelopment Commission approval of the economic development agreement; which provided for a signature approval of that document / instrument of the Town Council's concurrence. Mr. Gembala motioned the Town Council's concurrence of the Redevelopment Commissions to approve the Economic Development Agreement with John Eenigenburg. Seconded by Mr. Barenie. Motion passed with a vote of 5-0.

Mr. Kil stated that he supplied the reporter with a press release regarding a letter they received from Downy Insurance who is the Town's workers compensation provider that the Town has received a Safety Award. Mr. Barenie requested that Mr. Kil provide at the next meeting the status of the training meetings for Public Works. Mr. Barenie also requested the book keeping status regarding the Letters of Credit, discussion ensued.

Chief Willman thanked the Council, Steve and Bobby Davis for the job they are doing on the parking lot.

Public Comment ‐

None

Adjournment ‐

Mr. Gembala motioned to adjourn the meeting. Seconded by Mr. Barenie. Motion unanimously passed. Meeting adjourned at 7:38 P.M.

ATTEST:

_______________________
Sherry P. Sury
Clerk-Treasurer

09-27-2012 Town Council

September 27, 2012 Town Council Meeting Minutes

Michael Forbes, President Ken Gembala Sherry Sury, Clerk-Treasurer
Mark Barenie,Vice-President Attorney David Austgen Steve Kil, Town Manager
Larry Bustamante Chief Fred Frego Chip Sobek
Greg Volk    

CALL TO ORDER:

Mr. Forbes called the Town Council's regular meeting of September 27, 2012, at 7:35 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Ms. Sherry Sury, Clerk-Treasurer, took roll call with the following members present: Michael Forbes, Mark Barenie, Gregory Volk, Ken Gembala, and Larry Bustamante. Attorney David Austgen was present. Staff members present, Steve Kil. Police Chief, Fred Frego and Fire Chief, Fred Willman were present. Chip Sobek, Parks Superintendent, was present. Recording Secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES: MINUTES OF JULY 10, 2012, JULY 10, 2012, and AUGUST 23, 2012

Mr. Forbes requested one change in the minutes of July 26, 2012. On Page 3 of 3, Line 4 of the first paragraph, Mike Forbes requested “He mentioned” should be changed to “Mr. Storiz mentioned.” Ms. Sury duly noted the requested change.

Mr. Forbes asked the Board if there were any other additions, changes, or deletions. There were none. Mr. Forbes stated he would entertain a motion on the minutes of the amended July 26, 2012, regular meeting, the joint meeting of the Town Council/Police Commission Executive Session on July 10, 2012, and the regular meeting of August 23, 2012.

Mr. Volk made a motion to approve the minutes of the July 10, 2012, a joint Town Council/Police Commission Executive Session; the August 23, 2012, regular meeting; and the amended minutes of the July 26, 2012 regular meeting. The motion was seconded by Mr. Gembala. Mr. Barenie abstained Mr. Bustamante abstained. The motion was carried by 3/0/2.

PUBLIC HEARING:

A. ORDINANCE 1560 ‐ AN ORDINANCE ESTABLISHING THE 2013 MUNICIPAL BUDGET

Mr. Forbes asked for a status on the Proofs of Publication for the public hearing from Attorney Austgen. Attorney Austgen stated that timely publication of notice to the taxpayers on the budget hearing appeared in both the The Times and the Post Tribune. These Proofs of Publication for the 2013 budget hearing will be annexed to the meeting minutes for the Council's consideration and review.

Mr. Zender appeared before the Board with the Town's budget. He stated that the Town's maximum levy for all of its funds is at $3,958,878.00. He anticipates that budget for 2013 will be the same. Mr. Zender stated it most likely will stay the same until such time as Lake County adopts option income tax or there is a final resolution by the General Assembly.

Mr. Zender stated that the general fund budget for 2013 is proposed at $4,233,987.00, an increase of $9,600. He stated that various other funds of the Town including debt service, motor vehicle highway funds and other miscellaneous funds total $5,093,761,00 an increase of $14,000 from 2012. He stated that trash operating fees will likely increase by $100,000.00 in 2013.

Mr. Zender stated there is a provision for one full time employee which would be shared between the Town's general fund and the utility funds. The Fire Department has provisions for a firefighter/paramedic position which has been established in the budget. He stated that the budget has a built-in two percent increase, but this would be a policy decision made at the discretion of the Town Council.

Mr. Zender concluded his statements. He stated that the budget would not be adopted until the October 25, 2012, meeting. He stated he would be happy to answer any questions.

Mr. Forbes asked the Council if they had any questions. There were no questions or comments from the Council. Mr. Forbes opened the floor for public hearing on the Town of St. John's 2013 Municipal Budget. There were no comments from the public.

Mr. Forbes closed the public hearing and brought the matter back before the Council. He stated he would consider a motion on Ordinance 1560 on first reading only. Mr. Bustamante made a motion to consider Ordinance 1560 of first reading only. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

NEW BUSINESS:

A. CONSIDER RESOLUTION 12-09-27 - RESOLUTION ADOPTING AN AMERICANS WITH DISABILITY ACT TRANSITION PLAN IN ACCORDANCE WITH CURRENT APPLICABLE FEDERAL LAW

Mr. Forbes stated that the Disability Act Transition Plan is a law that all towns must adhere to pursuant to federal law. He stated that Mr. Kil has been working diligently on this ordinance with other department heads to prepare the same. Mr. Kil stated that the federal government has mandated that each community implement a Disability Act Transition Plan. Mr. Kil stated that the Town was required to do a self-assessment and identify any deficiencies related to the Disability Act/Transition Plan.

As an example, Mr. Kil used the Olcott Water Main Replacement Project that the Town is currently working on. He stated that in accordance with the Transition Plan, since the Olcott intersection has been disrupted for improvements, the improvements must include making the entire intersection handicapped accessible. In addition, he stated that the Town Hall now has handicapped accessible doorways.

Mr. Kil stated that the Town will continue to work towards full compliance with the Disability Act Transition Plan. Mr. Kil stated that the proposed ordinance is completed and ready for Council's consideration. He stated that NIRPCI has requested a copy which he will forward to them in the coming week.

Attorney Austgen stated that the staff has done a tremendous job in preparing this high quality document. He stated that the “specimen document” being so well done could be used as a model for other communities.

Mr. Forbes stated it is a significant document and a great product and he appreciates all of the work that the staff has put into its creation. Mr. Forbes stated he would entertain a motion to adopt Resolution Number 12-09-27. Mr. Volk made a motion to approve Resolution Number 12-09-27; Mr. Gembala seconded the motion. The motion was unanimously passed by voice vote (5/0).

B. CONSIDER LETTER OF CREDIT ‐ CL7399LC - FOR MEYERS DEVELOPMENT IN THE AMOUNT OF $40,476.39.

Mr. Forbes stated the Council is being asked to consider approval of a letter of credit on Meyers Development based upon the recommendation of the Plan Commission. He stated he would entertain a motion on this item. He asked the Council members of there were any questions. There were no questions.

Mr. Barenie made a motion to approve the letter of credit, CL7399LC, for Meyers Development; Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

C. RESOLUTION NUMBER 12-09-27A - ADDITIONAL APPROPRIATIONS FOR THE POLICE DEPARTMENT - SPECIAL REVENUE FUND NUMBER 275‐ PUBLIC HEARING

Mr. Forbes stated that a public hearing would be held on Resolution Number 12-09-27A, a resolution for additional appropriations for the Police Department's Special Revenue Fund, Number 275. Attorney Austgen noted that timely publication has been made to both The Times and the Post Tribune. The Proofs of Publication will be annexed to the minutes for the Council's consideration and review.

Ms. Sury explained to the Council that when the last three police cars were purchased there was an encumbrance which used up the appropriation. She stated authorization was given for the purchase of one additional vehicle which was recently delivered.

She stated that the money is in the fund but not in the appropriation. She requested placement of $80,000 into the appropriation to keep things on an even keel. Ms. Sury stated that she discussed this matter with Mr. Kil and Bev.

Mr. Forbes asked if the appropriation was for the last squad car that was purchased.

(General discussion ensued.)

Mr. Forbes opened the floor for public hearing for the Police Department Special Revenue Fund, Number 275. There were no public comments. Mr. Forbes closed the public hearing and brought the matter back to the Town Council. He asked for further comment or questions. There was no further discussion by the Council members.

Mr. Forbes stated he would entertain a motion on Resolution Number 12-09-27A. Mr. Barenie made a motion to adopt Resolution Number 12-09-27A, additional appropriations to the Police Department's Special Revenue Fund, Number 275. Mr. Bustamante seconded the motion. The motion was unanimously passed by voice vote (5/0).

D. CONSIDERATION OF ORDINANCE NUMBER 1562 ‐ AN ORDINANCE REDIVIDING THE TOWN INTO DISTRICTS, WARDS FOR THE PURPOSE OF CONDUCTING ELECTIONS OF TOWN OFFICIALS

Mr. Forbes stated there was a legal description defining the three wards in the Town of St. John. Mr. Gembala remarked that the Town was required to move the ward lines after the 2010 Census was published. He stated he read the definitions for the three wards. He noted that there are two sentences on the second page of the description of Ward One that may not belong there. He noted that it may only be a typographical error. Mr. Gembala stated that although this language does not substantively change the definition of Ward One, it should be verified and possibly omitted before it is published.

Attorney Austgen concurred with Mr. Gembala. He stated that there should be a proofing of the legal description also. He recommended that the only action that the Council take on this matter be the initial reading consideration. He recommended that a final editing review should be undertaken to verify the accuracy of the document.

(General discussion ensued.)

Mr. Forbes stated that he would entertain a motion to approve Ordinance Number 1562 on first reading. Mr. Bustamante made a motion to approve Ordinance Number 1562 on first reading. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:

Mr. Forbes asked Mr. Gembala if he had anything to report. Mr. Gembala noted that the work on the Olcott sewer project is progressing; he stated that the sidewalks and aprons have been poured. He noted that the landscaping has to be finished. He stated with the onset of cold weather he would like to see the project completed in a timely manner.

(General discussion ensued.)

Mr. Volk had nothing to report. Mr. Barenie had nothing to report. Mr. Bustamante stated that the Town has received their new plow truck and will be ready for the snow. Mr. Barenie asked for the floor as he had a few items he failed to mention. He stated that the Town's Annual Public Safety event will be commingled with the Town's 175th Anniversary celebration this year. He stated that the event is slated for October 6 and 7th.

Mr. Barenie commended Chief Frego and Fire Chief Willman for providing this tremendous public service event to the Town for over ten years. He stated that over one thousand citizens have attended in the past.

Mr. Barenie stated that extra festivities have been added this year. The celebration will commence with a chili cook-off at the VFW. There will be a 5k walk/run race on Saturday, October 6, sidewalk sales, a beer garden and vendors. Mr. Kil stated that details of the event are posted on the website. Mr. Forbes stated that the Haunted House opens on this weekend, and there is also a parish event scheduled.

Mr. Barenie stated he has attended eight out of the last nine Chamber of Commerce meetings at the VFW. He stated that there are usually 60 to 100 citizens in attendance at the Chamber meetings. He stated that the Chamber members are receptive to a council member attending the meetings to keep informed on the businesses and the competitive nature of the economy.

CLERK-TREASURER:
Ms. Sury had nothing to report.
ATTORNEY'S REPORT
Attorney Austgen had nothing to report.
STAFF:
Mr. Kil informed the Council that the Town has almost doubled the number of building permits issued in 2012 as compared to year of 2011. He stated that the data has been submitted to the Council for their perusal. Mr. Kil stated that he is anticipating issuing 16 additional building permits tomorrow as Mr. Meyers will be pulling building permits for every one of his units at once.

Chief Willman delivered the Fire Department's Activity Report for August, 2012.

Chief Frego delivered the Police Department's Activity Report for August, 2012.

Mr. Sobek stated that he was privileged to accept a donation on behalf of the Parks Department from the Phi Kappa Zeta. Mr. Sobek stated that they will be donating a tree for Prairie West Park. He thanked the Phi Kappa Zeta chapter for their donation.

Mr. Sobek stated that thus far the fall programs are getting a decent start with Registrations.

Mr. Forbes stated that Mr. Sobek should take care that the location selected for the tree to be planted in Prairie West Park does not interfere with the CDBG project set to take place there. Mr. Sobek concurred.

PAYMENT OF BILLS:

Mr. Forbes stated that the general APVs Nos. 8484 through 8704 amounted to $2,745,144.56. He asked the Council members if they had any questions on these bills. There were no questions or comments from the Council.

Mr. Volk made a motion to approve the general APVs, Nos. 8484 through 8704 in the amount of $2,745,144.56. Mr. Barenie seconded the motion. APVs 8484 through 8704 were approved by voice vote (5/0).

PUBLIC COMMENT:

Mr. Forbes called for public comment.

Attorney Jeffrey Gunning, 9245 Calumet Avenue, Munster, Indiana:
Attorney Gunning introduced himself to the Council. He stated he is acquainted with some of the council members. His law practice is located in Munster, Indiana. Attorney Gunning informed the Council that he serves as Special Counsel to the Clerk-Treasurer, Ms. Sherry Sury.

Attorney Gunning stated he finds Ms. Sury to be competent, dedicated, careful and law-abiding. Attorney Gunning stated that he wished to express his objection, on behalf of his client, on the Council's decision to hire a recording secretary for the Town Council meetings.

Attorney Gunning asserted that the law is clear in that this duty (recording secretary) is spelled out as an express function, duty and power of the Clerk-Treasurer. Attorney Gunning stated that Indiana law has a “plain meaning statute.” He asserts that this means the statutes mean what they say and have their plain and ordinary meaning.

Attorney Gunning stated he believes the law is clear where the power and duty lies with this particular function. He stated there is a function embodied in Indiana law, when necessary, to construe the meaning of statutory provisions; he stated this function is only invoked in instances where the meaning is unambiguous. Attorney Gunning stated he believes that the language is clear and unambiguous as to where the power and duty rests.

Attorney Gunning stated he performed an analysis today, and in his opinion, every analysis on statutory construction comes off on the side of the Clerk-Treasurer having the power to perform this duty (recording secretary).

Attorney Gunning stated that he understands the view to be that the statute states that the Council is not prohibited from appointing a recording secretary. He urged the Council to consider and read the Home Rule powers and the Home Rule statutes. He stated that Council members are probably generally familiar with the concept that while Council, as a unit, does possess Home Rule powers to do what is necessary to carry out functions for local government purposes, there is a Specific Manner Rule and there are other powers withheld and limitations in the Home Rule statutes.

Attorney Gunning stated that Specific Manner Rule and the Powers Withheld Rule provides and operates by stating that if the statutes provide a specific manner for doing something, or it provides for an agent, agency, unit or department of local or state government to do some function then you must proceed in the proscribed manner.

Attorney Gunning urged the Council to examine the Home Rule statute. He stated that this is aside from all of the other rules regarding the legislative body and its functions. He stated that the Council really cannot do this (hire a recording secretary).

Attorney Gunning stated that the statute is clear that the Clerk-Treasurer is to attend meetings and record council proceedings. He stated that this area of Indiana has been emphasizing, of late, engaging in good government practices and policies. He stated these practices and policies have taught us that just because a practice is not illegal does not make it the right thing to do. Attorney Gunning stated that employing a duplicate recording secretary is not the right thing to do. He states it is a duplication in services and more importantly, a real cost to the taxpayers.

Attorney Gunning stated he does not know how this matter got to this point. He stated if Ms. Sury, in her efforts to be dedicated, careful and law-abiding has offended then he would appeal to the Council, on an emotional level. He stated that the bungling of the situation is an entanglement that can be undone by reconsidering the hiring of a duplicate recording secretary.

Last, Attorney Gunning urged the Council to consider whether this move would be a good expenditure of taxpayer money. He stated that if the State Board of Accounts were to audit the books and if the State Board of Accounts were to decide that the State would seek to recover those monies because it were deemed a waste of resources and taxpayer money, then the Council may be on the hook for any recovery.

Attorney Gunning urged the Council to reconsider their decision to hire a recording secretary. He thanked the Council.

Joe Hero, 11723 South Oakridge Drive
Mr. Hero asked the Council why they were hiring another recording secretary when the Clerk-Treasurer is the recording secretary. He stated he wanted to know the motive behind this. He asked the Council if Ms. Sury was following the money too good. He asked the Council why they would want to stop Ms. Sury from being the recording secretary. He asked Mr. Forbes to explain it to him; he stated that he is suspicious of this move.

Brenda Bagherpour, 8347 Heron Lake Road
Ms. Bagherpour informed the Council a temporary light has been placed at the school during construction. She stated that the light is facing south near the shed. She stated that this misdirected street light is burning her retinas. Mr. Kil stated that the light Ms. Bagherpour is speaking of is a temporary light utilized to get vehicles out on to Sesame Street after a football game.

Mr. Forbes stated that he will investigate this matter and see if this light can be moved or redirected. Ms. Bagherpour informed the Council that she has placed her house for sale.

Mr. (unintelligible) 7747 West 90th Avenue
He stated he believes Sherry is “doing a hell of a job.” He stated that this is all just politics that are taking place. He stated anything else would be a waste of taxpayer money.

Mr. Forbes called for additional public comment. There was no further comment from the floor. Mr. Forbes closed the floor for public comment and brought the matter back before the Board.

Mr. Forbes asked Attorney Austgen for rebuttal. Attorney Austgen stated he was asked by the Council to review the ability of the Council to retain and utilize a recording secretary for purposes that are supplemental to the Council's duties and functions. Attorney Austgen stated that the Council may retain a recording secretary.

Attorney Austgen cited Home Rule statutes. He stated that he is acquainted with Mr. Gunning and has the utmost respect for him, but he does not agree with Attorney Gunning's position on this matter. He maintained that the Council has the authority to hire and retain a recording secretary.

Mr. Barenie responded by saying that Ms. Sury is the Town's Chief Financial Officer. He stated that the meeting minutes could be taken by a professional and that Ms. Sury would have more time to devote to the Clerk-Treasurer's office. He noted that the Town has been trying to get direct deposit for quite some time.

Ms. Sury stated that she takes the meeting minutes, but does not prepare them. She stated she directs someone else to type them and she critiques them.

Ms. Sury stated that the direct deposit program has been set up and should be implemented by November of 2012. She stated she did this at a savings of $500 for the Town.

There was no further comment.

ADJOURNMENT:

Mr. Forbes called for a motion to adjourn. Mr. Barenie made a motion to adjourn the meeting; Mr. Volk seconded the motion. The motion was unanimously passed by voice vote (5/0).

(The meeting was adjourned at 8:20 p.m.)

A TRUE COPY

_______________________________________________
Susan E. Wright, Recording Secretary
St. John Town Council

10-25-2012 Town Council

October 25, 2012 Town Council Meeting Minutes

Michael Forbes, President Ken Gembala Sherry Sury, Clerk-Treasurer
Mark Barenie,Vice-President Attorney David Austgen Steve Kil, Town Manager
Larry Bustamante Chief Fred Frego Chip Sobek
Greg Volk    

CALL TO ORDER:

Mr. Forbes called to order the Town Council's regular meeting of October 25, 2012, at 7:10 p.m. Mr. Forbes introduced Girl Scout Troop 30457, who performed a flag ceremony.

(The Pledge of Allegiance was said.)

ROLL CALL:

Ms. Sherry Sury, Clerk-Treasurer, took roll call with the following members present: Michael Forbes, Mark Barenie, Gregory Volk, Ken Gembala, and Larry Bustamante. Attorney David Austgen was present. Staff members present, Steve Kil. Police Chief, Fred Frego and Fire Chief, Fred Willman were present. Chip Sobek, Parks Superintendent, was absent. Recording Secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES: JULY 10, 2012 EXECUTIVE SESSION;
JULY 26, 2012, EXECUTIVE SESSION;
AUGUST 23, 2012, EXECUTIVE SESSION;
SEPTEMBER 13, 2012, EXECUTIVE SESSION;
SEPTEMBER 27, 2012, EXECUTIVE SESSION;
SEPTEMBER, 27, 2012, REGULAR MEETING;

Mr. Forbes stated he would entertain a motion on the minutes of the September 27, 2012, Town Council meeting, as generated by Recording Secretary, Susan E. Wright.

Mr. Barenie made a motion to approve the minutes of the September 27, 2012, meeting with one correction, that “Mr. Zender” be changed to “Mr. Cender” (page two). Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes deferred to Attorney Austgen regarding the St. John Town Council Executive Session meeting minutes for July 10, 2012. Attorney Austgen stated that he had reviewed the Executive Session meeting minutes of July 10, 2012, prepared by Clerk-Treasurer, Sherry Sury. He stated that he has prepared a Form of Verification which he recommended that the Council consider in their review of the minutes. Attorney Austgen read the verification into the record as follows:

“Verification for July 10, 2012, Town Council Executive Session meeting minutes. The undersigned Town Council members certify that they have not intentionally discussed instances that were not properly notified for this Executive Session in conformance with Indiana Code 5-14-1.5 et. seq. This verification is provided pertaining to the full contents of the above-referenced, dated Executive Session minutes and meeting including notation information added by the Town Clerk Treasurer regarding additional instances reportedly improperly discussed.

The Town Council hereby respectfully disagrees with the notation comments of the Clerk Treasurer added to the aforementioned Executive Session meeting minutes and make this verification action for clarification purposes consistent with applicable law and upon opinion of the Town's attorney.”

Attorney Austgen stated that if the Council wished to consider the Executive Session meeting minutes of July 10, 2012, as presented, he would recommend that the Council include the aforementioned verification and execute the same. Mr. Forbes noted that Mr. Barenie was absent at this meeting. Mr. Barenie concurred.

Mr. Forbes stated that he would entertain a motion to approve the Executive Session meeting minutes of July 10, 2012, with the inclusion of the verification as read into the record by Attorney Austgen and execution of the same. Mr. Volk made a motion to approve the Executive Session meeting minutes of July 10, 2012, with the inclusion of the verification and execution of the same. Mr. Bustamante seconded the motion. Mr. Barenie abstained. Mr. Gembala abstained. The motion was carried (3/0) with two abstentions.

Mr. Forbes presented the Executive Session meeting minutes of July 26, 2012. He noted that Mr. Bustamante was absent from this meeting. Mr. Bustamante concurred.

Attorney Austgen stated upon his review of the Executive Session meeting minutes of July 26, 2012, he had prepared an identical verification for these Executive Session meeting minutes. He recommended that the Council's action include the verification for purposes of the official record and the action taken. Attorney Austgen stated that this verification used the exact language as the July 10, 2012, verification.

Mr. Forbes stated he would entertain a motion to approve the Executive Session meeting minutes of July 26, 2012, with the inclusion of the verification provided by Attorney Austgen. Mr. Volk made a motion to approve the Executive Session meeting minutes of July 26, 2012 with the inclusion of the verification. The motion was seconded by Mr. Barenie. Mr. Bustamante abstained. The motion was carried (4/0) with one absention.

Mr. Forbes presented the August 23, 2012, Executive Session meeting minutes. Attorney Austgen informed the Council that he had not yet had the opportunity to review the Executive Session meeting minutes of August 23, 2012. He asked the Council's permission for time to review the minutes and recommended that they defer the same to the next meeting.

Mr. Forbes stated he would entertain a motion to defer the Executive Session meeting minutes of August 23, 2012. Mr. Barenie made a motion to defer the Executive Session meeting minutes of August 23, 2012. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes presented the September 13, 2012, Executive Session meeting minutes. Attorney Austgen informed the Council that he did not have a copy of these minutes and had not yet reviewed them. He asked the Council's permission for time to review these minutes and to defer the same.

Mr. Forbes stated he would entertain a motion to defer the Executive Session meeting minutes of September 27 [sic] 2012. Mr. Gembala made a motion to defer the Executive Session meeting minutes. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated the Council had just received the minutes of the Executive Session of September 27, 2012. He stated, for that reason, he would entertain a motion to defer the Executive Session meeting minutes of September 27, 2012. Mr. Gembala made a motion to defer the meeting minutes. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

NEW BUSINESS:

A. ORDINANCE NUMBER 1560 ‐ ORDINANCE ESTABLISHING 2013 MUNICIPAL BUDGET ‐ SECOND READING

Mr. Forbes stated that Ordinance Number 1560 was an ordinance establishing the 2013 municipal budget. He stated this was the second reading of Ordinance Number 1560. He asked the Council members if they had any questions. There were no questions or comments from the Council.

Mr. Forbes stated he would entertain a motion on Ordinance Number 1560. Mr. Volk made a motion to adopt Ordinance Number 1560, the 2013 municipal budget. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (3/0).

(General discussion ensued.)

B. CONSIDERATION OF ORDINANCE NUMBER 1562 ‐ AN ORDINANCE REDIVIDING THE TOWN INTO DISTRICTS,WARDS FOR THE PURPOSE OF CONDUCTING ELECTIONS OF TOWN OFFICIALS ‐ SECOND READING

Mr. Forbes stated that Ordinance Number 1562 was an ordinance redividing the Town into districts and wards for the purpose of conducting elections for Town officials. Mr. Forbes noted that the Town was required to enact this ordinance as a result of the 2010 census. He stated this was the second reading of Ordinance Number 1562.

Mr. Forbes stated he would entertain a motion to adopt Ordinance Number 1562 provided there was no discussion. He noted that there was previously discussion on the language in the “descriptions” portion of the ordinance. Attorney Austgen stated that it was his belief that this matter had been addressed, corrected and verified as accurate.

Mr. Forbes stated he would entertain a motion to adopt Ordinance Number 1562. Mr. Barenie made a motion to adopt Ordinance Number 1562. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:

A. TOWN COUNCIL:
The Council had nothing to report.
CLERK-TREASURER:
Ms. Sury had nothing to report.
ATTORNEY'S REPORT
Attorney Austgen had nothing to report.
STAFF:
Mr. Kil updated the Council on construction of units for 2012, to date, at 135. He stated at this point in time in 2011, there were 68 units. Mr. Kil noted that this is an almost 100% increase over 2011. He stated he is pleased with these numbers.

Mr. Kil noted that there is one ongoing commercial construction project at the present time which is the Subway located at Route 231 and Parrish Avenue. He stated that this project is nearly completed.

Mr. Kil sought the Council's permission to hold a special Town Council meeting on November 1, 2012, one week from tonight. He stated a request was made by Lake Central School Corporation to discuss the permit fee schedule. He asked the Council members when they would be available.

(General discussion ensued.)

Mr. Forbes requested that the meeting be set at the regularly scheduled time of 7:00 p.m. The meeting was scheduled for Thursday, November 1, 2012, at 7:00 p.m.

Chief Frego delivered the Police Department's Activity Report for September 1, 2012 through September 30, 2012. Chief Frego advised the Council that the Police Department is in the preliminary stages of entering into an accreditation process with the Indiana Law Enforcement Accreditation. He stated that this program is endorsed by the Chiefs of Police and a national endorsement with CALEA.

Chief Frego stated that the process will take approximately one to one-and-one-half years to complete. He stated that the Police Department will become fully engaged in this process in January. He stated when the process is complete the Police Department will be accredited for three years. At the end of three years, an on-site evaluation is conducted in order to be re-certified. Chief Frego stated that there are not very many police departments in the area that are accredited. He stated this process is another step towards professionalizing the Police Department. Chief Frego stated it is a long process but his staff is up to the task.

Mr. Gembala commended the Police and Fire Department on the Open House. He stated that the event was a well-attended success due to the efforts of both Departments.

Chief Willman delivered the Fire Department's Activity Report for September 1, through September 30, 2012. On behalf of the Fire Department, Chief Willman thanked Alsip Home Nursery for allowing them the opportunity to conduct a boot drive/fund raiser for the benefit of the Tri-Town Safety Village in front of their store. He stated that six St. John firefighters participated in this event held on September 22, 2012. The event lasted for approximately three and half hours and collected over $300.

Mr. Forbes asked Chief Frego and Chief Willman to pass along his thanks to their respective Departments for all of the help they have provided at the Haunted House. Mr. Forbes stated he greatly appreciates all of the work both Departments do.

PAYMENT OF BILLS:

Mr. Forbes stated that he would entertain a motion on payment of the general APVs Nos. 8706 through 8941 in the amount of $1,212,214.81. Mr. Volk made a motion to approve general APVs Nos. 8706 through 8941 in the amount of $1,212,214.81. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

PUBLIC COMMENT:

Mr. Forbes called for public comment.

Attorney Jeffrey Gunning, P.O. Box 3305, Munster, Indiana:
Attorney Gunning appeared before the Council. He provided the Council with a mailing address of P.O. Box 3305 in Munster, Indiana. Attorney Gunning stated he was present to speak to the Council on the same topic that he addressed at the last meeting when he was present.

Attorney Gunning stated that the Council is engaging in the act of having the duplication of meeting minutes produced by having two recording secretaries and production of “their -- your version of the minutes.” He referred to the two recording secretaries as “the contract attorney that you've apparently hired, and the Clerk Treasurer.”

Attorney Gunning noted that the meeting minutes generated by the contracted Recording Secretary have an inaccuracy with regard to his presentation. He stated that the street address contained in the minutes of September 27, 2012, indicated a street address or an address that is no longer his business address. Attorney Gunning stated that the P.O. Box that he provided on this date is the correct address.

Attorney Gunning pointed out a typographical error or a transcription error. Mr. Forbes informed Attorney Gunning that the Council did not need him to review the minutes. Attorney Gunning stated that the Council has a duty, under the law, to ensure that the minutes are accurate. Mr. Forbes stated it has been done.

Attorney Gunning stated “the word is bundle as opposed to bungle.”

Attorney Gunning directed the Council's attention to a letter that was dispatched to Mr. Forbes from the Director and State Archivist, the Commissioner of the Indiana Commission on Public Records. Attorney Gunning read in part, “he indicates that the Indiana Commission on Public Records has the oversight responsibility for government records in Indiana including statewide record management programs describing the standards and procedures for record making and record keeping.” Attorney Gunning further read “It has come to our attention that the Town of St. John has hired a private recording secretary to take minutes at the Town Council meetings. The duties are the legal responsibility and obligation of the elected Town Clerk-Treasurer.”

Attorney Gunning stated that the Commissioner also provided an Indiana Code and quotes it in the letter. He read a portion of the citation into the record. Attorney Gunning also read a portion of the letter into the record that stated that the Commission on Public Records is concerned about the legitimacy of the minutes of the Town Council meetings not being recorded by the Town Clerk Treasurer or their designee but by a contractor of the Town Council.

Attorney Gunning read an additional portion of the letter into the record that indicated that the Commission's position is that the official minutes of the Town Council should be taken by the Town's Clerk Treasurer and then amended, revised and adopted by the governing body. Attorney Gunning also read into the record a portion of the letter stating that recordings of meetings presented by a third party and adopted by the Town Council may put in question the official actions of the Town Council.

Attorney Gunning read an additional portion of the letter that indicated that that the Town Council has hired the private Recording Secretary using local tax funds and the State Board of Accounts might fault the individual members of the Town Council for paying for duplicate services and seek reimbursement from individual members to repay the town coffers.

Attorney Gunning stated he would not read the balance of the letter. He informed the Council that the letter which he cited was copied to Charlie Pride, Indiana State Board of Accounts; Joe Hoage, Indiana Public Access Counselor; the St. John Town attorney; and the Vice-President of the Council.

Attorney Gunning urged and requested, once again, that state statute provides that the Clerk-Treasurer, and the deputies of the Clerk-Treasurer who serve at the Clerk-Treasurer's pleasure, and those affairs of her office are under her control and not under the Council's control. Attorney Gunning respectfully asked that the Council end the practice that they have currently elected to follow in creating this duplicate set of records. Attorney Gunning requested that the Council review and, if necessary, amend, but consider and ultimately adopt the meeting minutes produced by the duly elected Clerk-Treasurer of the Town.

Mr. Forbes called for additional public comment.

Mr. Adrian Bugariu, 11747 West 90th Avenue
Mr. Bugariu stated he delivered a letter to a Town Council member on August 13. He stated that the letter concerns intimidation and threats to him by Frego and Fryzell. He stated he recently paid his water bill and was told three times to “Shut up,” by John Mainwaring. Mr. Bugariu requested that the letter that he submitted in August be addressed. He thanked the Council.

Henrietta Fishtorn, 9740 Olcott Avenue
Ms. Fishtorn thanked each and every one of the Council members for seeing that the Homestead Acres sign was returned. She stated that although the sign might not be the fanciest it means the most to her.

Steve Hastings, 8740 Patterson Street
Mr. Hastings thanked the Council and the municipal workers for the flower arrangement. He stated his family was very touched by this gesture and he appreciated it very much. Mr. Forbes called for additional public comment. There was no further public comment.

ADJOURNMENT:

Mr. Forbes called for a motion to adjourn. Mr. Volk made a motion to adjourn the meeting; Mr. Barenie seconded the motion. The motion was unanimously passed by voice vote (5/0).

Mr. Gembala thanked the Girl Scouts for the nice flag ceremony and for attending the entire meeting.

(The meeting was adjourned at 8:43 p.m.)

A TRUE COPY

_______________________________________________
Susan E. Wright, Recording Secretary
St. John Town Council

11-01-2012 Town Council

November 1, 2012 Town Council Special Meeting Minutes

Michael Forbes, President Ken Gembala Sherry Sury, Clerk-Treasurer
Mark Barenie,Vice-President Attorney David Austgen Steve Kil, Town Manager
Larry Bustamante Chief Fred Frego Chip Sobek
Greg Volk    

CALL TO ORDER:

Mr. Forbes called to order the Town Council's special meeting of November 1, 2012, at 7:00 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Ms. Sherry Sury, Clerk-Treasurer, took roll call with the following members present: Michael Forbes, Mark Barenie, Gregory Volk, Ken Gembala, and Larry Bustamante. Attorney David Austgen was present. Staff members present, Steve Kil. Police Chief, Fred Frego and Fire Chief, Fred Willman were present. Chip Sobek, Parks Superintendent, was absent. Town Council Recording Secretary, Susan E. Wright was also present.

NEW BUSINESS:

A. CONSIDER REQUEST FROM LAKE CENTRAL SCHOOL CORPORATION TO RECONSIDER THE WAIVER OF BUILDING PERMIT FEES FOR CURRENT CONSTRUCTION PROJECTS

Mr. Forbes noted that the Council has been asked to consider a request from Lake Central School Corporation to reconsider the waiver of building permit fees for current construction projects. He asked a representative of Lake Central to address this issue.

Larry Veracco, Superintendent, Lake Central School Corporation, appeared before the Council seeking an additional reduction of building permit fees for the current construction projects. He respectfully requested an additional reduction in the fees.

Mr. Bustamante remarked that all of the fees were introduced into the referendum; he asked Petitioner if they were aware of the costs of the project at that time. Mr. Veracco stated that Petitioner estimated the permit fees to be much lower than they actually heard from the Council.

Mr. Forbes stated he would like to address Mr. Veracco's statement. Mr. Forbes stated that the Council had a meeting with the school corporation. Mr. Forbes stated that representatives of both the Town and the school corporation were present at the meeting. At this meeting, Mr. Forbes stated he was present, Mr. Barenie was present, Mr. Kil was present, and possibly Attorney David Austgen was present.

Mr. Forbes stated that the Town representatives were informed at that time that the permit fees presented during the referendum were based on estimates from school projects in Decatur, Indiana and Plainfield, Indiana. Mr. Forbes stated that the costs of building permit fees in these communities were $200,000.

Mr. Forbes stated his understanding is at no time prior to the referendum was the Town of St. John contacted about the costs of permit fees. He stated he believed the engineering company made the estimates for purposes of budgeting. Mr. Veracco explained that the engineering company shared some of their past projects with the school corporation. Mr. Veracco stated that the school corporation's Director of Construction prepared an estimate for them.

Mr. Forbes asked again if the building permit fee estimates were based on the two school projects in the aforementioned Indiana towns. Mr. Veracco responded “Numerous projects.”

Mr. Bustamante asked where the extra funds would go if the Council were to lower the permit fees. Mr. Veracco stated that the funds would go into “school facilities, buildings and such for students ‐ to benefit students.” Mr. Bustamante asked if the extra funds would directly benefit the students.

Mr. Veracco stated that the vocational wing of the building has equipment needs. He stated that while they intend to seek support from major car manufacturers they don't know how much money they will receive from them. Mr. Veracco stated that the money will go into school facilities to benefit kids.

Mr. Veracco stated that it is School Corporation's belief that this is what the taxpayers voted “yes” for, for the dollars to be spent on school facilities for kids in the community. Mr. Bustamante stated that his concern was that this money not be spent on items like furniture, but spent for the benefit of students. Mr. Veracco stated that every dollar from a reduction in building permit fees would go into enhancing the facility to make Lake Central High School an excellent place to be for students, and to enhance their quality of life in Dyer, Schererville and St. John.

Mr. Forbes remarked that the Petitioner could not specifically say that this money would be used to buy books or computers. Mr. Veracco stated that the money could not be spent to buy books as that is a separate funding mechanism. He stated it could be used for equipment for the school.

Mr. Barenie asked if the money could be used to build things like chemistry laboratories. Mr. Veracco stated that the funds could absolutely be used for this purpose.

Mr. Bustamante stated he understands that the school corporation cannot say exactly where the money would go. He stated, if the Council does lower the building permit fees, it would be nice to know that the money was going towards things like a bigger laboratory. Mr. Veracco assured the Council that the money will be spent on the students and would not be transferred to any funding for salary or the like. He stated the money would be contained in the facility fund for Lake Central High School.

Mr. Gembala commented that he realized that there was talk that past Councils had waived fees in varying amounts for schools and churches. He stated that the big difference now is that, because of the frozen levy, the Town's budgets are frozen and there are no extra dollars anymore to cover anything extra.

Mr. Gembala stated that even though the Council would like to help a school or help a church they have to watch their dollars and make sure the money goes where it is supposed to go. He stated that the Council is first responsible to the taxpayers and the budget. Mr. Gembala stated that he wanted everyone to be aware that it is not an easy thing to deal with and the Town's budgets are frozen.

Mr. Veracco responded that the school corporation understood the Council's position. He stated that the school corporation has said from the start that they did not want the Town to get hurt or to pay any costs associated with this facility. He stated that is why the school corporation offered a cost plus a percentage, to protect the Town. Mr. Gembala stated that he did not think that any one of the Council would agree to take one dollar out of the Town's budget to waive any type of fees for anyone who comes in with such a request. He stated that the money has to be used where it belongs versus what previous Councils had the luxury of doing.

Mr. Volk remarked, to his recall, fees were waived mainly for schools and churches. He stated that building permit fees were waived but the Council has never waived utility system development fees to his knowledge. He noted that Lake Central does not have any system development fees because they are already on the system. He asked if this was correct. Mr. Kil stated that there is a minor dollar amount being spent for water meters, but not much.

(General discussion ensued.)

Mr. Volk stated that although some permit fees were waived for schools and churches no system fees were ever waived for these developments. He reiterated that the Town would not be receiving a system fee development from the Lake Central School Corporation project. Mr. Volk stated in the past during better financial times they may have waived some building permit fees but the Town still received a good chunk of money from system development fees which do not apply to this project.

(General discussion ensued.)

Mr. Volk remarked that he has heard comments that the Town cannot charge beyond the administrative fees on permit costs. He noted that the Town's fees are extraordinarily high. He stated that he has seen a lot of discrepancy from engineering estimates from school districts elsewhere in the state and what the Town charges. He asked how the fees are established.

Attorney Austgen explained that the building permit fee is established by formulas within the Town's ordinance. He stated that it is based upon a construction cost and an applicable cost factor added to the estimated construction costs.

Attorney Austgen stated that the Town's numbers are Uniform Building Code driven. He stated it is not something that was invented. He stated the number is arrived at by a universal and objective formula criteria for establishment. Attorney Austgen stated, in his opinion, the law is valid and it exists for a reason. He said the purpose of the law is so the Council has a non-arbitrary, non-discriminatory, uniform use of an applied formula for what it costs for building a structure and improvement in the Town of St. John, and everyone is treated the same.

Attorney Austgen stated that one thing is that there is always a question of costs, whether they are exceeded, or excessively exceeded or not treated correctly or what it takes to administer the processing of a permit. He stated that common law steps in so that a municipality cannot charge more than cost.

Attorney Austgen stated that when you have a project of this size, with a significant degree of complexity, size, area, fixtures and improvements, this is accounted for by the Uniform Building Code. He stated this size project is a once in a lifetime project.

Mr. Volk commented that he wanted to know how the Town arrived at the fee structure. He stated that the main point he wanted to bring out is that the fee is justified or it would not be in the ordinance. Attorney Austgen concurred. He stated that the Town has a valid fee schedule in the Building Ordinance that the staff uses uniformly, objectively, non-discriminatorily and un-arbitrarily on each and every building permit that is presented for review, approval and issuance.

Mr. Volk stated that the only other project in Town of this size and scope was the Strack & Van Til project; he asked about those costs. Mr. Kil stated he did not recall the exact construction fees. Mr. Kil noted that although Strack & Van Til was a large project it was not near the size and scope of the Lake Central project. Mr. Kil stated the bulk of the fees from Strack & Van Til were utility related and not building driven. Mr. Kil explained that the estimated construction costs is what drives the fee structure for Lake Central School Corporation. He stated that the permit fees would probably be double what they are if this were a new school because there would be hundreds of thousands of dollars in utility fees.

Mr. Kil reiterated that this permit is 100% building permit driven because of the size of the school and the estimated construction cost. He explained how building fees calculated. He stated that is based on an estimated square foot cost.

(General discussion ensued.)

Mr. Volk stated that if the Council were to lower the permit costs more than they have already been lowered it could cut into the cost of hiring an outside inspector, if needed. He stated that the Town will have to have enough money to cover this cost should something happen. Mr. Volk stated that his understanding is that Tom Redar will be performing the inspections at Lake Central High School. Mr. Kil stated that he has talked at length with Tom Redar and Mr. Redar has indicated that he is willing to do the inspections at the high school. Mr. Kil stated that, obviously, the Town's engineers will be involved at times. He stated that if the Town gets in a spot, they will be using the services of Don Moffitt, from Schererville, (per the interlocal agreement) like they normally do.

(General discussion ensued.)

Mr. Barenie remarked that the Council had looked at some rough numbers months ago. More recently, Mr. Barenie stated that Mr. Kil has recently provided the Council with more accurate numbers. Mr. Barenie stated that the Council looks at things from a global position for the Town. Mr. Barenie noted that the school corporation's fees are currently approximately $830,000.00. He noted that the school corporation has been given a twenty percent (20%) waiver. Mr. Barenie remarked that the Town has struggled for the last four or five years. He stated that the Town is in a good position at the present time, but not a great position. Mr. Barenie stated he would love to make a recommendation to grant a 100% waiver, but at this point in time given the entire finances of the Town and all the hard work that has been done he proposed a fifty percent (50%) waiver.

Mr. Barenie made a motion, based on new information presented within the last couple of months, to waive fifty percent (50%) of the building permit fees in lieu of the twenty percent (20%) previously granted.

Mr. Volk noted that fifty percent (50%) would bring the Town down to the bare minimum and the Town would have no choice but to do their own inspections. Mr. Barenie disagreed. He stated that this would include some funds in the event something happened to the Town's inspectors, per his discussion with Mr. Kil.

Mr. Volk noted that this is a three year project and a number of things could happen with the inspector. Mr. Kil stated that with the estimate of the Town's expenses and with the motion on the table of a fifty percent (50%) waiver, the Town would probably not be comfortable in hiring an independent inspector on top of everything else. He noted that they would be able to request help of Schererville's inspector under the interlocal agreement. He reiterated that the Town would not be able to hire a full-time, independent inspector, which, he said, is not being contemplated.

Mr. Forbes stated, from previous discussions, his understanding is that if the Council grants the fifty percent (50%) waiver, they will not be hiring an independent inspector. Mr. Kil concurred.

(General discussion ensued.)

Mr. Forbes stated that the Town would not hire a full time or part time inspector if the Councils grants the fifty percent (50%) waiver. He stated that the Town would do the inspection work along with possible back-up help from Schererville. He stated if something happened to Tom Redar the Town would have to absorb the costs themselves.

(General discussion ensued.)

Mr. Barenie stated he understood that there are not enough funds to hire a three year, full time, inspector at $80,00 per year. Mr. Kil noted that the normal business is covered, but there is not enough money to hire a full time, independent inspector along with everything else that has to be covered.

Mr. Forbes noted that the original discussion centered on hiring an outside inspector to deal with the high school so that the Town's business was not disrupted. He stated that now it will be one inspector.

(General discussion ensued.)

Mr. Gembala noted that Mr. Kil did have conversation with Mr. Redar. Mr. Kil stated that Mr. Redar indicated he would have no problem with performing inspections at the high school. He stated that Mr. Redar has presented him with estimates of “average hours per day” he expected to be at the high school performing inspections. Mr. Kil stated that Mr. Redar will still be able to perform other inspections in Town.

Mr. Forbes noted Mr. Barenie's motion on the table to waive fifty percent (50%) of the permit fees. He stated that the motion would have to be amended to add another thirty percent (30%), or retract Council's original motion for waiving twenty percent (20%) of the permit fees.

Attorney Austgen recommended that the Council make two motions. The first motion would be to reconsider the Council's previous action. The second motion would be to make a make a new motion.

Mr. Forbes stated he was asked by members of the audience to give them an opportunity to speak on this matter. He stated he would combine Any & All on the agenda with New Business to allow the audience members an opportunity to speak. Mr. Forbes noted he would open the floor for public comment before a motion was made. Mr. Forbes asked the audience members to keep their comments brief and on point. He stated the Council was gathered to discuss the fee waiver and impact of its passage or not.

PUBLIC COMMENT

Mr. Joe Hero, 11723 S. Oak Ridge Drive
Mr. Hero remonstrated against any resolution to waive any fees for Lake Central School Corporation. He asked the Board to reverse their previous approval of the twenty percent (20%) fee waiver. He stated that the taxpayers of St. John deserve a Town Council that administers taxation in an equal fashion.

Mr. Hero stated that a resident of Hanover Township, not even a part of the school system, are paying for the corporate costs of the Town. He stated that when the Town Council waives the fees and the Town incurs extra costs these costs are imposed upon Hanover Township residents in the form of double taxation or additional taxation.

Mr. Hero stated that the Town Council should consider that the school corporation is a separate taxing unit with taxes that go to Dyer, Schererville, St. John and St. John Township, unincorporated. He stated taxes are levied on these areas by the school corporation. He stated if money is given up here, Dyer, Schererville and St. Township, unincorporated, is not contributing and this is a system of uneven taxation.

Mr. Hero stated he heard the Town Council's attorney say the Town's ordinances are correct and follow the law. He stated the Council should follow the ordinance. He stated that once the Council starts waiving fees they are discriminating against some of the taxpayers, and it is discriminatory, arbitrary and capricious.

Mr. Hero asked the Town Council to review the Town's ordinance to see if they have the ability to waive these fees. He said if the fees are improperly waived he thinks each member should be personally liable for restitution of the fees to the community. He reiterated this would unfair taxation and does not make sense.

Mr. Hero stated that Lake Central School Corporation made a mistake and they want the taxpayers to pay for it. He stated that the Town cannot “chintz” on the inspections. He stated that the facility houses many students, and for this reason, the inspections are the most important part of the project. He advised the Council not to put the Town in a bind to “chintz” on inspections. He stated that Town should use professionals if they must. Mr. Hero stated that the Town should not put the burden of the inspections on one person who may not be competent in all things. He stated this could be a liability for the Town.

For the record, Mr. Forbes stated that the Council never said that the Mr. Redar was incompetent or unable to complete the task. Mr. Forbes stated that Mr. Redar is more than capable of handling this project.

John Corbit,11551 97th Lane
Mr. Corbit stated his concern is that six months ago the school corporation wanted a twenty percent (20%) reduction. He asked what would happen if they come back in six month and ask for another reduction.

Mr. Barenie explained that the school corporation did not ask for a twenty percent (20%) waiver. He stated based on the information available to the Council at that meeting that amount was all that could be offered. He stated since that time the Council has a complete new set of financial statements.

Mr. Corbit asked why the Council gave the school corporation a twenty percent (20%) fee waiver.

Mr. Barenie stated that the decision was made based upon the information available to the Council at that particular moment. Mr. Barenie stated a fifty percent (50%) permit fee waiver was hinted at many times.

Mr. Corbit told the Council “Do what you want.”

Steve Hastings, 8740 Patterson
Mr. Hastings stated there is another way to deal with this problem. He stated that the school corporation could always put out another referendum to St. John, Dyer, Schererville, and St. John Township to share the costs between these communities. Mr. Hastings stated as the school corporation made the mistake of miscalculating the fees or not including them, and did not talk to the Town about the fees this would be a fair solution, another referendum.

Mr. Hastings stated that he does not like to see the Town being used as a piggy bank. He stated this is not fair. He stated he is fine with the twenty percent (20%) waiver originally granted by the Council, but to waive fifty percent (50%) is not the way to go. He suggested waiving the entire amount and letting the school corporation put out another referendum.

Brenda Bahgerport, 8347 Heron Lake Road
Ms. Bahgerport asked the Council not to give the school corporation too much leeway. She stated she lives right behind the school. She said she has seen the Town's Water Department over at the school numerous times. She stated this takes time away from the Town's projects.

Ms. Bahgerport stated that they are having problems finding the infrastructure and this is going to cause an overrun on what the Council is giving the school corporation a break on. She stated that a natural gas line has been damaged on the project. She stated that this is just the beginning of the project. She stated she does not want the Town of St. John to pay over what they collect from the school corporation.

Mr. Forbes called for additional public comment. There was no further public comment. He closed the floor to public comment and brought the matter back before the Council. He asked the Council members for any additional comments.

Mr. Volk stated that Mr. Hastings made a good point about all of the towns sharing costs. He stated that St. John has always been burdened with the costs of services including policing, fire, ambulance and whatever else goes along with having a big institution. Mr. Volk stated he has always believed that costs should be shared by all of the communities.

Mr. Volk noted that St. John probably has the least amount of students in the high school. He wanted to know why Schererville, Dyer, and St. John Township do not participate equally in the costs of the high school.

(General discussion ensued.)

Mr. Forbes noted that as of October 23, 2012 there have been 90 incidents at the school attended to by the Police Department; in 2011, there were 128 incidents including traffic.

(General discussion ensued.)

Mr. Volk stated that the taxpayers of St. John are being double taxed. Mr. Volk asked Mr. Veracco if there has ever been any thought given to approaching the other towns about cost sharing. Mr. Veracco stated that there was a meeting scheduled for earlier in September but the meeting was cancelled. Mr. Forbes pointed out that this meeting was related to the Resource Officer and the not the permit fees.

(General discussion ensued.)

Mr. Gembala stated he concurred with what Mr. Volk is saying in that the Town needs help with the school. Mr. Volk stated that the school corporation should approach the other communities about sharing costs related to the school, specifically the building permit fees. He suggested that the school corporation approach the other communities and recoup a portion of the building permit fees rather than have the Town of St. John take the hit on the fees.

Mr. Forbes opined that the Resource Officer is an entirely different matter. Mr. Volk suggested that the school corporation begin a dialogue with the other communities about contributing to the fees. Mr. Volk stated that the Town is justified in charging the fees.

(General discussion ensued.)

Attorney Austgen stated that this might be a discussion piece that the Town Council or the School Corporation might want to have with other communities or governmental bodies. He stated the reason the school officials are here is because the Town of St. John has exclusive jurisdiction over this institution from the standpoint of police power, public health and safety, ordinances and regulations all due to its being within its municipal boundaries. He stated these powers are vested in the Town Council by state law and enabling ordinances.

Mr. Kil stated that this money will be receipted into the General Fund as miscellaneous revenue.

(General discussion ensued.)

Mr. Forbes noted that previous administrations have participated in the waiving of building permit fees and he has previously participated in the process. However, Mr. Forbes stated, at the time those permit fees were waived, the Town was issuing 300-400 building permit fees per year. He stated when that amount of revenue was coming into the Town the Town was able to absorb the hit from waiving whatever amount of fees were waived. Mr. Forbes noted that the economy is not the same today, and the Town does not enjoy the luxury of waiving fees like this anymore.

Mr. Barenie stated that the Clark fees were waived in the midst of the recession, and not in the Town's heyday. Mr. Forbes stated he cannot agree with a 100% waiver.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to rescind the previous twenty percent (20%) waiver granted to Lake Central on the building permit fees. Mr. Barenie made a motion to rescind the twenty percent (20%) waiver on building permit fees previously granted to Lake Central. Mr. Bustamante seconded the motion. Mr. Forbes requested a roll call vote. Ms. Sury took the roll call vote as follows: Greg Volk ‐ yes. Ken Gembala ‐yes. Larry Bustamante ‐ yes. Mark Barenie ‐ yes. Mike Forbes ‐ yes. The motion was unanimously carried by roll call vote (5/0).

Mr. Forbes noted that the twenty percent waiver on building permit fees was rescinded.

Mr. Forbes stated he would entertain a motion on a new waiver amount. Mr. Barenie made a motion to waive fifty percent (50%) of the building permit fees for Lake Central School Corporation. Mr. Bustamante seconded the motion.

Mr. Gemabala noted that the numbers he was provided cover all of the costs and any little cushion that would be needed, and would not take anything out of the budget for the inspection.

Mr. Forbes noted, as a reminder, that the numbers provided to the Council were an estimate and not a hard and fast number. He stated that this is a three year project. Mr. Forbes stated that the permit fee is accurate but the costs to the Town are projected and not rock solid, but pro forma numbers. Mr. Forbes stated that if anyone maintains these are rock solid numbers they are mistaken. He stated this is a three to four year project and the exact dollar amount it will cost the Town cannot possibly be guessed.

Mr. Forbes noted there was a motion and a second on the floor. Mr. Forbes requested a roll call vote. Ms. Sury took the roll call vote as follows: Gregory Volk - no. Ken Gembala ‐ yes. Larry Bustamante ‐ yes. Mark Barenie ‐ yes. Michael Forbes ‐ no. The motion was carried by roll call vote (3/2).

The Town Council authorized a fifty percent (50%) reduction in building permit fees for Lake Central School Corporation which brings the total amount to Four Hundred Fifteen Thousand Three Hundred Fifty-Six Dollars and fifty-cents ($415,356.50). Building total: ($411,529.50); Water meters: (3,827.00).

ANY & ALL:

Mr. Forbes indicated that he included public comment in the previous discussion.

ADJOURNMENT:

Mr. Forbes called for a motion to adjourn. Mr. Gembala made a motion to adjourn the meeting; Mr. Volk seconded the motion. The motion to adjourn was unanimously passed by voice vote (5/0).

(The meeting was adjourned at 8:47 p.m.)

A TRUE COPY

_______________________________________________
Susan E. Wright, Recording Secretary
St. John Town Council

11-29-2012 Town Council

November 29, 2012 Town Council Meeting Minutes

Michael Forbes, President Ken Gembala Sherry Sury, Clerk-Treasurer
Mark Barenie,Vice-President Attorney David Austgen Steve Kil, Town Manager
Larry Bustamante Chief Fred Frego Chip Sobek
Greg Volk    

CALL TO ORDER:

Mr. Forbes called to order the Town Council's regular meeting of November 29, 2012, at 7:49 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Ms. Sherry Sury, Clerk-Treasurer, took roll call with the following members present: Michael Forbes, Mark Barenie, Gregory Volk, Ken Gembala, and Larry Bustamante. Attorney David Austgen was present. Staff members present: Steve Kil. Police Chief, Fred Frego and Fire Chief, Fred Willman. Chip Sobek, Parks Superintendent, was absent. Recording Secretary, Susan E. Wright was also present.

COMMENDATIONS:

Mr. Forbes noted that the first thing on the agenda were commendations to be presented to firefighter/paramedic(s), Don Strom and Brian Beach. He explained that the two gentlemen traveled to the East Coast in a Town ambulance to assist in emergency services and evacuations for those who were affected by Hurricane Sandy. Mr. Forbes remarked that the gentlemen represented the Town in the finest fashion.

Mr. Forbes and Chief Willman presented a commendation plaque to Mr. Beach thanking him for his gallant, courageous efforts, exceptional dedication and service on the devastated East Coast. Mr. Forbes thanked Mr. Beach on behalf of the Town Council, the Clerk-Treasurer and the Town. Mr. Forbes stated he sleeps better at night knowing these gentlemen are working in the Town.

Mr. Forbes and Chief Willman presented a commendation plaque to Mr. Strom thanking him for his gallant, courageous efforts, exceptional dedication and service on the devastated East Coast. Mr. Forbes thanked Mr. Strom on behalf of the Town, the Town Council and the Clerk-Treasurer.

(Photographs were taken.)

APPROVAL OF MINUTES: MINUTES OF OCTOBER 25, 2012, REGULAR MEETING
MINUTES OF NOVEMBER 1, 2012, SPECIAL MEETING.

Mr. Forbes noted that were several sets of minutes to approve. Attorney Austgen requested that the Board defer all Executive Session minutes until such time as he has reviewed the same. Mr. Forbes stated he would entertain a motion to defer the following Executive Session minutes: August 23, 2012, September 13, 2012, September 27, 2012, and October 25, 2012. Mr. Bustamante made a motion to defer the aforementioned Executive Session minutes until reviewed by Attorney Austgen; Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion on the meeting minutes of the October 25, 2012, regular meeting and the November 1, 2012, special meeting, supplied by the Town Council's Recording Secretary, Susan Wright. There was no discussion on the minutes. Mr. Barenie made a motion to approve the minutes of the regular meeting of October 25, 2012, and the special meeting of November 1, 2012. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

PUBLIC HEARING:

A. RESOLUTION NUMBER 12-11-29 ‐ A RESOLUTION FOR ADDITIONAL APPROPRIATIONS
Mr. Forbes asked Attorney Austgen if the Notice of Publication was in order. Attorney Austgen stated that the Notice for Additional Appropriations were timely published on November 19, 2012, in both The Times and the Post Tribune. Mr. Forbes asked Ms. Sherry Sury, Clerk-Treasurer if she had any opening remarks.

Ms. Sury stated she could explain the additional appropriations briefly. Ms. Sury stated that the additional appropriations, as listed, had to be done. She stated one of the appropriations is tax-based, the others are revenue funded or from other sources. Ms. Sury stated that there is money in the fund, meaning the bank has money for the particular funds listed. She explained that the appropriation (permission to spend) is not adequate to meet to the end of the year. It can't run with a minus.

Ms. Sury explained that the additional appropriation would give the Town permission to take money from the fund and place it in the appropriation to pay bills that have been received and are due to be paid before the end of the year. She stated that they would have to be very careful because more outstanding bills may come in. Ms. Sury stated that she is pretty sure this additional appropriation would cover the bills. She stated that due to the time constraints with the DLGF there might not be enough time to submit another appropriation for approval. In this case, she stated any unanticipated bills would have to wait to be paid in 2013.

Mr. Barenie asked when these figures are normally delivered to the Council. Ms. Sury stated an additional appropriation can be done at any time throughout the year. She said that the appropriation requests are usually due in December. She explained that this year's cutoff date is December 17, 2012, and the next Town Council meeting is not until December 20, 2012, thus necessitating the additional appropriation request be addressed at the November 29, 2012, meeting. Mr. Forbes remarked that he was a little disappointed that the additional appropriation request was noticed on November 19th and today was the day that the Council was presented with this information.

Ms. Sury commented that the Council is provided with a Fund, Revenue & Appropriation Report on a monthly basis. She stated that this report contains all of the information that the Council needs to see and if they looked at these reports they would see how much appropriation was left. She said it should not be a surprise if they looked at the aforementioned report that is provided to them monthly.

Mr. Barenie remarked that it is a bit of a stretch to place this burden on the Council. Mr. Forbes concurred. Ms. Sury commented that this is why the Council is provided with the monthly reports. Mr. Forbes remarked that he understood that. He stated that the point he was trying to make was that on November 19th the Clerk-Treasurer knew that the report should have been in the hands of the Council, and the information only just arrived today. Mr. Forbes stated that the same could be said for the information on the tax anticipation warrant. Ms. Sury said the additional was given to Mickey on the 16th. Ms. Sury stated that Pat and Bev had to work diligently to gather the information and have the tax anticipation warrant ready for publication, which must be ten (10) days before the public hearing. There was no further comment from the Board.

Mr. Forbes opened the floor for public comment. There was no public comment. Mr. Forbes closed the floor to public comment and brought the matter back before the Board. There was no comment from the Board.

Mr. Forbes stated he would entertain a motion to adopt Resolution No. 12-11-29. Mr. Bustamante made a motion to adopt Resolution No. 12-11-29; Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0).

NEW BUSINESS:

A. CONSIDER ORDINANCE NO. 1563 ‐ AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAX ANTICIPATION WARRANTS

Mr. Forbes asked about the tax anticipation warrant. Ms. Sury stated that this is the ordinance that must be signed and is due on February 7th [sic]. Ms. Sury stated that the entire TAW packet was sent out to Steve Kil, Dave Austgen and Mr. Cender via e-mail. She stated she had the proof, if the Council wished to see, that everyone received it. Ms. Sury stated that there were several things that had to be done by herself and Carl Cender, including a participant survey and a cost cash flow analysis in order to prepare for the tax anticipation warrant. She stated she has also had meetings with Steve Kil, Carl Cender and Damien related to the tax anticipation warrant.

Ms. Sury stated that there is no bottom line figure for the tax anticipation warrant at the present time, but it may be around one million dollars. She stated that the ordinance must be in place by the 7th of December to start the process. Ms. Sury stated that she just obtained an ordinance from Mickey this morning. Ms. Sury stated that the ordinance in the TAW packet, provided by Attorney Austgen today, was sent from the Indiana Bond Bank.

Mr. Forbes asked whether the dollar amount was known as of this date. He noted there were a couple of different numbers floating around. Ms. Sury stated that maybe Mr. Kil knows because he was supposed to talk with Damien and Carl.

(General discussion ensued.)

Attorney Austgen stated this was a very confusing initiative. He stated he received a packet from Mr. Kil at the November 1, special meeting. He stated that he also received an e-mail packet from Ms. Sury's office at a later date with no explanation attached. He stated he corresponded with Mr. Kil and Ms. Sury in order to obtain more information.

Attorney Austgen stated he asked for the information a couple of times and Mr. Kil referred him to Ms. Sury's office. He stated he presumed that Ms. Sury's office would provide him with the information he requested. Ms. Sury stated that she did not receive Attorney Austgen's letters until the 29th. Attorney Austgen stated he has letters and confirms commencing on the 5th.

Attorney Austgen stated that the amount to be borrowed is a not to exceed amount from the general fund budget, he presumed, of $3,275,566 at an interest rate not to exceed 6.5%. He stated that this is the pro forma. He stated that the Council is dealing with an authorization ordinance. He stated that the ordinance is necessary to process the Indiana Bond Bank advance funding in anticipation of revenues to be collected and deposited.

(General discussion ensued.)

Mr. Forbes stated that he does not want it to become a common practice to do a TAW at the end of the year. Attorney Austgen stated that the interest rate on the TAW would probably be between two and three percent.

Mr. Forbes stated that the Council will have to act on the TAW because all of the work has been done. He stated that it will be approved because if the Town cannot borrow internally they will have to have the tax anticipation warrant in place. Mr. Forbes stated that even if the tax anticipation warrant is potentially approved they will still have to look internally to see if they can borrow their own money (Town) and pay themselves back when they receive the draw.

Mr. Forbes stated the Town is in a good position, but they must still be careful. Attorney Austgen commented that statute allows inter-fund borrowings, and the Town could take advantage of the miscellaneous revenue stream that has come in from the increase in building permits.

Mr. Forbes stated he would entertain a motion to consider Ordinance No. 1563 on first reading. Mr. Barenie made a motion to consider Ordinance No. 1563 on first reading. Mr. Gembala seconded the motion. The motion was unanimously passed by voice vote (5/0).

Mr. Forbes stated he would entertain a motion to adopt Ordinance No. 1563. Mr. Barenie made a motion to adopt Ordinance No. 1563. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

B. CONSIDER ORDINANCE NO. 1564 ‐ 2013 SALARY ORDINANCE
Mr. Forbes remarked that he believed that everyone has had conversations with Mr. Cender on Ordinance No. 1564. Mr. Kil stated that the salary ordinance contains a two percent (2%) increase for employees. He commented that discussion was had with Mr. Cender during the budget process to ascertain whether a salary increase could be sustained at the current budget. He said the salary ordinance excludes board and commission members and elected officials, it only deals with the full and part-time employees.

Mr. Forbes stated he would entertain a motion to consider Ordinance No. 1564 at first reading. Mr. Gembala made a motion to consider Ordinance No. 1564. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion to adopt Ordinance No. 1564. Mr. Barenie made a motion to adopt Ordinance No. 1564. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

C. CONSIDER AUTHORIZATION OF CHRISTMAS EVE AS A HOLIDAY
Mr. Forbes stated that the next ordinance was to consider authorization of Christmas Eve as a holiday. He asked the Council for any comments. Mr. Barenie stated that it is a great idea.

Mr. Forbes stated he would entertain a motion to authorize Christmas Eve as a holiday for employees of the Town of St. John. Mr. Volk made a motion to authorize Christmas Eve as a holiday. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

D. CONSIDER ORDINANCE NO. 1565 ‐ AN ORDINANCE AMENDING DEFINITIONS IN ORDINANCE NO. 1444 PERTAINING TO AMBULANCE SERVICES AND FEES
Mr. Forbes stated the next item on the agenda was consideration of Ordinance No. 1565, an ordinance amending definitions in Ordinance No. 1444. Mr. Forbes asked Attorney Austgen for his comments. Attorney Austgen stated that the amendment to Ordinance No. 1444 was made at the request of the Town Manager and the Fire Department. The definition of ALS-II was clarified and made more current for the service provider and billing. Mr. Kil added that the amendment was a minor change made to the definition just to make the ordinance current with no fee changes. There was no further discussion.

Mr. Forbes stated he would entertain a motion to consider Ordinance No. 1565 at first reading. Mr. Bustamante made a motion to consider Ordinance No. 1565. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion to adopt Ordinance No. 1565. Mr. Bustamante made a motion to adopt Ordinance No. 1565. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:

A. TOWN COUNCIL:

Mr. Forbes gave his annual report on the Haunted House. He stated that there were 3,048 visitors to the Haunted House with 308 of those visits on the two kids' days. Mr. Forbes stated that a net profit of $18,124.49 was made. Mr. Forbes thanked the council members for their participation. He also thanked Chief Frego and Chief Willman.

(General discussion ensued.)

Mr. Forbes thanked Standard Bank for manning the door. He gave a special thanks to the St. John Lion's Club for helping at the kids' event. Mr. Forbes also thanked the 93 volunteers who participated in the Haunted House event. Mr. Barenie thanked Mr. Forbes for running the Haunted House and added that it is a great community event.

Mr. Gembala had nothing to report.

Mr. Volk stated that he and several other Town officials attended a meeting of the Lake County Consolidated 911. He stated that he now has a much clearer idea of what is being done. Mr. Volk stated that it is probably for the better although he's not sure about the costs. He stated that with the information that was presented at last night's meeting he is convinced that it is a good concept. Mr. Volk stated that participation in the project will be mandatory.

Mr. Forbes, who also attended, stated that the purpose of the meeting was to introduce the new draft of the inter-local agreement and get community feedback. Mr. Forbes stated that previous drafts had received minimal response.

Mr. Forbes stated that it is mandatory for the Town to enter into the inter-local agreement. He stated that the Town will be required to pay operational funds into the program, but the money will be taken at a declining rate annually. Mr. Kil stated that a worksheet must be filled out that identifies the costs of running the Town's dispatch operation center, along with comments.

(General discussion ensued.)

Chief Frego stated that Lake County was one of the few counties in the state that has not achieved consolidation.

Mr. Barenie asked if a luncheon had been planned. Mr. Kil stated if everyone was on board, he would schedule an employee Christmas lunch.

Mr. Bustamante had nothing to report.

B. CLERK-TREASURER:
Ms. Sury commented that the Clerk Treasurer's office will be closed to the public on December 31, 2012. She stated it has been a ritual for her office to work inside on December 31st to close out all of the books. She stated that she has notified the town's residents via a message on the water bill. She stated she was just reminding the Council so that they would not be taken by surprise.

Mr. Forbes noted that this was past practice. He asked if there were any objections. There were no objections.

Mr. Forbes stated that he would entertain a motion, at the request of the Clerk Treasurer, to close the Clerk Treasurer's office to the public on December 31, 2012. Mr. Gembala made a motion to authorize the Clerk Treasurer's request to close the Clerk Treasurer's office to the public on December 31, 2012. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

C. ATTORNEY'S REPORT
Attorney Austgen had nothing to report.
D. STAFF:
Mr. Kil reported that as of November 29, 2012, the Town has issued 150 residential permits. He stated at this time last year there were only 78 residential permits issued. Mr. Kil stated hopefully things will improve even more in 2013.

Chief Willman presented the Fire Department's activity report for the month of October, 2012. Chief Willman thanked everyone who participated in the October 7, 2012, annual Public Safety Open House with the best attendance ever.

Chief Frego presented the Police Department's activity report for the month October, 31, 2012. He stated that the Police Department is full swing with their CALEA accreditation process.

Discussion was had on the fatality accident that occurred with a young man being hit at west side of Parrish Avenue and south of 85th. Chief Frego stated that the accident is being investigated by the Lake County Sheriff.

PAYMENT OF BILLS:

Mr. Forbes stated that the general APVs Nos. 8942 through 9166 amounted to $1,179,634.24. He asked the Council members if they had any questions on these bills. There were no questions or comments from the Council.

Mr. Barenie made a motion to approve the general APVs, Nos. 8942 through 9166 in the amount of $1,179.634.24. Mr. Bustamante seconded the motion. APVs 8942 through 9166 were approved by voice vote (5/0).

PUBLIC COMMENT:

Mr. Forbes called for public comment.

Steve Agner, 10192 Ellsburg Court
Mr. Agner mentioned his concerns about the empty car wash and the empty K-Mart in Town. He stated that he moved to St. John because it was a nice community. He wanted to know the status of these two developments. He stated that these two sites, located and visible on Route 41, are an advertisement for the Town. He stated that St. John is a very nice town and he does not like how these vacant building detract from the atmosphere of St. John.

Mr. Forbes concurred. He deferred to Mr. Barenie. Mr. Barenie stated that he is a member of the Economic Development Committee that was formed in St. John approximately last November. He stated that issues such as vacant buildings are specifically addressed at EDC meetings.

Mr. Barenie stated that a consulting company has been hired to help the Town develop a marketing strategy to promote St. John. He stated that the plan is almost ready to be submitted to the Town Council for review.

Mr. Barenie stated that it took a month to find out who owned the K-Mart property. He stated that the Town is aware of these issues and they are going to attempt to attract a quality businesses into town to fill the vacant buildings.

Mr. Agner stated that the Town consider purchasing the K-Mart property, convert it into a community center with a park to promote the Town of St. John.

Mr. Forbes called for additional public comment. There was no further public comment.

ADJOURNMENT:

Mr. Forbes stated he would entertain a motion to adjourn. Mr. Gembala made a motion to adjourn the meeting. Mr. Volk seconded the motion. The motion was unanimously passed by voice vote (5/0).

(The meeting was adjourned at 8:46 p.m.)

A TRUE COPY

_______________________________________________
Susan E. Wright, Recording Secretary
St. John Town Council

12-20-2012 Town Council

December 20, 2012 Town Council Meeting Minutes

Michael Forbes, President Ken Gembala Sherry Sury, Clerk-Treasurer
Mark Barenie,Vice-President Attorney David Austgen Steve Kil, Town Manager
Larry Bustamante Chief Fred Frego Chip Sobek
Greg Volk    

CALL TO ORDER:

Mr. Forbes called to order the Town Council's regular meeting of December 20, 2012, at 7:15 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Ms. Sherry Sury, Clerk-Treasurer, took roll call with the following members present: Michael Forbes, Mark Barenie, Gregory Volk, Ken Gembala, and Larry Bustamante. Attorney David Austgen was present. Staff members present: Steve Kil. Police Chief, Fred Frego and Fire Chief, Fred Willman. Chip Sobek, Parks Superintendent, was absent. Recording Secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES: AUGUST 23, 2012 EXECUTIVE SESSION
SEPTEMBER 13, 2012 EXECUTIVE SESSION
SEPTEMBER 27, 2012 EXECUTIVE SESSION
OCTOBER 25, 2012, EXECUTIVE SESSION

Mr. Forbes noted that there were several Executive Session meeting minutes to be considered for approval. Mr. Forbes noted that Attorney Austgen had asked for time to review these executive sessions at the last meeting.

Attorney Austgen stated that he has reviewed and reformatted the Executive Meeting minutes presented so that they were consistent with the Notices and the minutes also provide a signatory space for the Town Council members that were present on action of each.

(General discussion ensued.)

Mr. Forbes stated that he entertain a motion to approve the August 23, 2012, Executive Session; September 13, 2012, Executive Session; September 27, 2012, Executive Session; October 25, 2012, Executive Session; and the December 20, 2012, Executive Session minutes. “So moved,” by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes remarked that the Attorney Austgen has created a new format for the Executive Session minutes which include signatory lines for each member. Mr. Forbes reminded each member sign the appropriate sessions that were approved tonight amongst everything else that must be signed.

NEW BUSINESS:

A. CONSIDER THE 2013 ST. JOHN FIRE DEPARTMENT ROSTER

Mr. Forbes stated that the 2013 Fire Department Roster was submitted to the Council for their perusal. There were no questions or comments. Mr. Bustamante moved to approve the 2013 Fire Department Roster. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

B. CONSIDER CONTRACT WITH ST. JOHN TOWNSHIP TRUSTEE FOR FIRE SERVICES IN UNINCORPORATED ST. JOHN TOWNSHIP

Mr. Forbes stated that the Council must consider a contract with the St. John Township Trustee for Fire Services in unincorporated St. John Township. He stated that the contract amount was $57,139. Mr. Volk asked if the contract was the same amount and if the contract covered the same area as in 2012. Chief Willman stated that the area covered remains the same but he would have to review the figures to see if there was an increase. Chief Willman stated that the dollar amount on the contract usually goes up three to five percent.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion on the contract with the St. John Township Trustee. “So moved,” by Mr. Bustamante. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

C. CONSIDER CONTRACT WITH ST. JOHN TOWNSHIP TRUSTEE FOR SENIOR CITIZEN DROP IN CENTER

Mr. Forbes stated that the next contract the Council had to consider was the contract with the St. John Township for Senior Citizen Drop In Center. He noted that this contract was the same amount.

Mr. Gembala made a motion to approve the contract with the St. John Township Trustee for the Senior Citizen Drop In Center. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

D. CONSIDER REQUEST TO WRITE-OFF UNCOLLECTIBLE BAD DEBT FOR TRASH PENALTIES IN THE AMOUNT OF THREE HUNDRED TWENTY DOLLARS AND THIRTY-THREE CENTS ($320.33)

Mr. Forbes stated the Council had before them a Request to Write-Off Uncollectible Bad Debt for Trash Penalties in the amount of $320.33.

There was no discussion. Mr. Forbes stated he would entertain a motion to approve the write-off. “So moved,” by Mr. Gembala. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

E. RESOLUTION NO. 12-12-20 ‐ RESOLUTION TO ENCUMBER FUNDS

Mr. Forbes presented Resolution No. 12-12-20, a Resolution to Encumber Funds. Ms. Sury explained that these were funds for salt. She stated that salt has been ordered but a bill has not been received. She stated that the funds are being encumbered out of the 2012 appropriation to pay the salt bill when it is received.

(General discussion ensued.)

Mr. Forbes stated there was a motion to adopt Resolution Number 12-12-20. “So moved,” by Mr. Barenie. The motion was seconded by Mr. Gembala. The motion was unanimously carried by voice vote (5/0).

F. RESOLUTION NUMBER 12-12-20-A ‐ RESOLUTION OF TRANSFER OF APPROPRIATIONS WITHIN DEPARTMENTS AND TO OTHER DEPARTMENTS

Mr. Forbes stated that Resolution Number 12-12-20-A was a Resolution of Transfer of Appropriations within Departments and to other Departments. Mr. Forbes remarked that this appeared to be the year-end close out. Ms. Sury concurred. She explained to the Council that the document she submitted reflects transfers within departments and to other departments on the list. Ms. Sury explained that the year-end close out is so that there are no zero balances in some appropriations and other appropriations that have money in them that is not used.

Mr. Gembala made a motion to approve Resolution Number 12-12-20-A, a resolution to transfer appropriations. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

G. CONSIDER ENTERING INTO INTERLOCAL AGREEMENT WITH TOWN OF SCHERERVILLE, TOWN OF DYER AND LAKE CENTRAL SCHOOL CORPORATION FOR “COPS” GRANT FOR STUDENT RESOURCE OFFICER

Mr. Forbes stated that the Council would consider entering into an Interlocal Agreement with the Towns of Schererville, Dyer and the Lake Central School Corporation for a “COPS” grant for a Student Resource Officer. He explained that this was grant money that the Town received to use for a Resource Officer. Mr. Forbes stated that the grant received was not enough to fully support the Resource Officer, and for this reason, St. John would enter into an interlocal agreement with the aforementioned entities to help pay for the Resource Officer.

Mr. Forbes stated that the Town of Schererville has sent a check in the amount of $10,000.00 to be used towards the salary of the Resource Officer. He stated that he is in receipt of letters from the Towns of Dyer and Schererville and the Lake Central School Corporation for commitments into the “COPS” program. Mr. Forbes stated that the interlocal agreement has not been drafted yet, but the interlocal agreement must be entered into by 2015.

(General discussion ensued.)

Mr. Kil explained the timeline to the Council. He stated that once the Council authorizes acceptance of the grant, Chief Frego will immediately start the process to hire a Resource Officer. Mr. Kil stated that the goal is to have a Resource Officer assigned to Lake Central High School by the start of the 2013 school year. He stated that the grant is enough to pay for a year and a half's salary for the Resource Officer through the interlocal agreement.

(General discussion ensued.)

Chief Frego stated he would start the hiring process immediately after acceptance and approval of the grant. He stated that a veteran officer must be hired. Chief Frego stated that they would like to have the officer trained and in place by mid-year, June.

Mr. Gembala stated that he would like to emphasize that it be a St. John police officer and not just a security guard. Chief Frego stated that the Resource Officer would be a full-time, sworn and certified St. John police officer.

Mr. Forbes stated that Dr. Verraco would like to be involved in the interview process. Mr. Forbes stated that placing the right individual in the position is key. Chief Frego stated that he has had a staff meeting where two or three suitable candidates for the position were discussed. Chief Frego would not divulge the names of the potential candidates; he stated it would be a current officer from the St. John Police Department who would be placed in the position of the Resource Officer. Chief Frego stated that the officer would have to undergo training before starting the job.

(General discussion ensued.)

Mr. Kil stated there would be two motions, the first motion would be acceptance of the grant and signing of the grant by Mr. Forbes and Chief Frego; the second motion would be to authorize Attorney Austgen to commence drafting the interlocal cooperative agreement for the hiring of the Resource Officer.

Mr. Gembala made a motion to authorize acceptance of the “COPS” grant for the Resource Officer. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion to instruct Attorney Austgen to begin drafting the Interlocal Agreement for the Resource Officer. ”So moved,” by Mr. Barenie. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes gave Ms. Sury the $10,000.00 check received from the Town of Schererville. Ms. Sury stated that the check would be held. Mr. Forbes directed Attorney Austgen to draft a special, non-reverting fund ordinance to deposit the $10,000.00 check into along with any other monies received for the “COPS” grant.

H. CONSIDER ORDINANCE NO. 1566 ‐ AN ORDINANCE APPROVING A TEMPORARY LOAN PURSUANT TO HOME RULE AUTHORITY

Mr. Forbes stated that the next item to consider was Ordinance No. 1566, an ordinance approving a temporary loan pursuant to Home Rule Authority. Attorney Austgen explained to the Council that the Town was recently subjected to a regular and periodic State Board of Accounts exam. He stated that this audit is performed by the Indiana State Board of Accounts.

Attorney Austgen explained to the Council that a comment was made by the State Board of Accounts concerning a temporary loan made from the Wastewater funds that was approved and acted upon by the Council in resolution form. He stated that the State Board of Accounts has interpreted the code that an ordinance is required for this temporary loan.

Attorney Austgen stated that Ordinance No. 1566 ratifies the action taken by the Council and should satisfy the State Board of Accounts. He stated that this action should also cause removal of the comments made by the State Board of Accounts at the Town's next audit.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to consider Ordinance No. 1566 on first reading. “So moved,“ by Mr. Volk. The motion was seconded by Mr. Gembala. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion to adopt Ordinance No. 1566. “So moved,“ by Mr. Volk. The motion was seconded by Mr. Barenie. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:

A. TOWN COUNCIL:

Mr. Bustmante stated that Christmas in the Park has been going pretty well and the citizens look forward to it. He stated that the residents really appreciate the train ride and Santa being present. He stated that he has heard nothing but positive feedback for what the Town is doing.

Mr. Gembala had nothing to report.

Mr. Barenie had nothing to report.

Mr. Forbes stated that there was one thing he neglected to do in his report of the Haunted House at the last meeting. He stated that the Lion's Club uses their own money to buy the candy and other things. He stated that, generally, $500 is donated back to the Lion's Club to cover their costs.

Mr. Forbes asked the Council to entertain a motion to donate $500 to the Lion's Club. “So moved,” by Mr. Barenie. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0). Mr. Forbes stated that this donation will come out of the Haunted House funds.

Mr. Volk gave an update on the garbage dumpsters at the salt barn. He stated that this program was reestablished in late spring or early summer of 2012. Mr. Volk reported that the Town has been allotted 104 dumpsters per year pursuant to the contract with the garbage service which runs from May to May. Thus far, only 28 dumpster have been used. Mr. Volk stated there are plenty of dumpsters left for the next six months without going over the allotment.

Mr. Volk stated that he directed Mr. Kil to post some signs (for liability purposes) at the site after observing residents climbing on the dumpsters. For the record, Mr. Kil stated that signs have been posted “Do not climb in, on or around the dumpsters.”

Mr. Forbes thanked all of the Town staff and Department heads. He stated everyone has done a great job in 2012. Mr. Forbes stated that everyone is a cohesive unit working for the betterment of the Town. Mr. Forbes stated it was a pleasure working with his fellow council members and told them he appreciates all of the hard work that they do.

B. CLERK-TREASURER:
Ms. Sury asked if any of the Town's meetings dates will be changed. She stated that she has to notify the press at the beginning of the year. Mr. Forbes stated that the schedule has worked out well, he has seen no conflicts and could not foresee any reason for a change.

(General discussion ensued.)

Chief Frego stated that the Police Commission meetings will be held on the second Monday of the month but start 6:30 p.m. instead of 7:00 p.m.

Mr. Forbes recommended that Town Council meet first at the January 10, 2013, meeting only. He explained that if the Town Council meeting was held first the Town Council could make appointments to the respective boards of the Waterworks Board and the Utility Board. The Council concurred on the order of the January, 2013, meeting. After January, the regular meeting agenda will be followed.

C. ATTORNEY'S REPORT
Attorney Austgen had nothing to report.
D. STAFF:
Mr. Kil had nothing additional to report.

Chief Frego delivered the Police Department's Activity Report for November, 2012. Chief Frego thanked the Council on the adoption of the “COPS” grant. He stated that having a Resource Officer at Lake Central High School has long been a goal of his. He further stated that in light of the tragic events that transpired in Newtown, Connecticut, last week reinforces the need for a Resource Officer at the high school.

Chief Frego stated that 2013 will be a great year for the Police Department with plans to hire a new officer, a Resource Officer and on the road to CALEA accreditation. Chief Frego wished everyone a Merry Christmas, Happy Holidays and a Happy New Year.

Chief Willman delivered the Fire Departments Activity Report for November, 2012.

PAYMENT OF BILLS:

Mr. Forbes stated that next item was payment of the bills. He stated that the general APVs Nos. 9167 through 9313 amounted to $1,057,019.81. Mr. Forbes asked for a motion on payment of APV Nos. 9167 through 9313 in the amount of $1,057,019.81. “So moved,” by Mr. Barenie. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

PUBLIC COMMENT:

Mr. Forbes called for public comment. There was no public comment.

ADJOURNMENT:

Mr. Forbes stated he would entertain a motion to adjourn. “So moved,” by Mr. Gembala. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

(The meeting was adjourned at 7:45 p.m.)

A TRUE COPY

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Susan E. Wright, Recording Secretary
St. John Town Council

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