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Town Council Meeting Minutes 2013

Meeting Minutes

01-10-2013 Town Council

January 10, 2013 Town Council Meeting Minutes

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

CALL TO ORDER:

Mr. Forbes called to order the Town Council’s regular meeting of January10, 2013, at 7:15 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Ms. Pat Kocot, Secretary Pro Tem, 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.

ELECTION OF OFFICERS FOR 2013

Mr. Forbes stated he would entertain nominations for the position of President for year 2013. Mr. Barenie nominated Michael Forbes for President for 2013. Mr. Bustamante seconded the motion.

Mr. Forbes asked for any other nominations. Mr. Gembala moved to close nominations. Mr. Forbes asked all those in favor of the nomination to signify with an aye. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would accept nominations for the position of Vice-President for 2013. Mr. Barenie nominated Larry Bustamante for the position of Vice-President for 2013. Mr. Gembala seconded the motion. Mr. Forbes asked if there were any other nominations. Mr. Gembala moved to close nominations. Mr. Forbes, “So moved.”

Mr. Forbes asked all those in favor to signify with an aye. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated that the Council would deal only with appointments, boards and commissions that directly affect the Council tonight and deal with the others at the end of the month.

Mr. Forbes stated he would entertain a motion to appoint all of the members of the Town Council to the Redevelopment Commission. “So moved,” by Mr. Gembala. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion to appoint all of the members of the Town Council to the Utility Board. “So moved,” by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes appointed Ken Gembala, Gregory Volk and himself to the Waterworks Board. “So moved,” by Mr. Volk. The motion was seconded by Mr. Gembala. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes made the liaison appointments for 2013 as follows: Mark Barenie, Fire Department, Economic Development Commission and St. John Chamber of Commerce; Michael Forbes, Lake County Solid Waste and NIRPCI; Larry Bustamante, Park Board Impact Fee Advisory Committee; Ken Gembala, Police Commission; and Steve Kil, Safety Village.

Mr. Forbes stated that he would entertain a motion on the aforementioned liaison appointments for 2013. “So moved,” by Mr. Gembala. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:

A. TOWN COUNCIL:

Mr. Gembala had nothing to report.

Mr. Volk had nothing to report.

Mr. Barenie congratulated the Council on a great year. He thanked Mr. Forbes for leading the Council through a great year with a balanced budget and many roads being repaired. Mr. Barenie stated that the Town does a great job with the Haunted House, Christmas in the Park, the Easter Bunny and fireworks.

Mr. Gembala noted that the Town of St. John was recognized as the 15th best place in the country to raise kids by Business Week magazine. He stated that the Town should be very proud of that. He asked Mr. Kil to forward this information to the schools.

Mr. Forbes stated that this was a Town honor and a great thing. He stated that it is due to the cooperative efforts of the Town, the schools, the police and fire department and the various boards and commissions. Mr. Kil explained that only one town from each State is named and St. John was chosen.

Mr. Bustamante stated that he looks forward to 2013. He stated that the Town Council members work well together and look out for the best interests of the Town.

CLERK-TREASURER OFFICE:
Ms. Kocot had nothing to report.
B. ATTORNEY’S REPORT
Attorney Austgen had nothing to report.
C. STAFF:
Mr. Kil had nothing additional to report.

Chief Frego had nothing to report.

Chief Willman had nothing to report.

PUBLIC COMMENT:

Mr. Forbes called for public comment.

Mr. Adrian Bugariu, 11747 West 90th Avenue
Mr. Bugariu stated that on August 13, 2011, two days after all charges were dropped against him, Officer Fryzel admitted that he tried to run Mr. Bugariu over on May 14, 2005. Mr. Bugariu stated that Fryzel apologized to him for trying to run him over twice with a car. He stated that there is no statute of limitations on attempted murder. Mr. Bugariu demanded Fryzell’s immediate arrest.

Mr. Forbes thanked Mr. Bugariu for his comment. He called for additional public comment.

Anthony Scartozzi – 8621 Primrose Drive
Mr. Scartozzi informed the Council that he just received a ticket for having a trailer parked on the side of his house. He stated that he is aware that there is an ordinance. He stated that the trailer has been parked in his driveway for the past six years. He stated that last year he received warnings, which is when he became aware of the ordinance.

Mr. Scartozzi stated he moved the trailer after receiving a second warning. He stated he moved the trailer to the side of his house onto a walking path where he laid pavers down. He stated he made an effort by moving the trailer to the side of the residence.

Mr. Scartozzi stated he was very upset that he received a ticket. He stated after he received the warnings last year he went around St. John and found many trailers and campers parked in driveways. He stated he still sees the same trailers and campers parked in driveways to date, and he wondered if they received warnings.

Mr. Scartozzi stated his concern is that he made an effort. He stated he understands the ordinance and agrees with it. He stated he used to be busy every weekend, and the trailer would stay hooked up to the trailer and take it out on weekends.

Mr. Scartozzi stated he does not want to have any more problems. He stated he has moved the trailer into his back yard and parked it. He asked if this was okay.

Mr. Kil told him it is not okay. He stated that residents are prohibited from parking anything in their back yards. Mr. Kil stated that one is allowed to place a solid surface pad of either concrete, asphalt or pavers...

Mr. Kil stated that there are three to four people a week in his office that have been issued tickets. He stated that the Town’s goal is not to issue tickets/fines to the residents. He stated that if a resident takes care of whatever is parked in the yard, he will void the ticket.

Mr. Scartozzi stated that the trailer will not fit in his garage.

(General discussion ensued.)

Mr. Kil stated that the ordinance is designed to prohibit the storage of the large vehicles/RVs/boats. He asked Mr. Scartozzi if he needed time to find an alternate location to park the trailer.

Mr. Kil stated that he has a very limited ability. He stated that he would give Mr. Scartozzi time to find a place to store the trailer.

Mr. Forbes recommended that Mr. Scartozzi meet with Mr. Kil and Mr. Mainwaring to try and work something out. Mr. Forbes stated that there is really nothing that the Council can do.

Mr. Scartozzi stated that he has taken pictures of residences with trailers and boats parked in their drive ways. Mr. Kil stated that Mr. Scartozzi should not be so sure that these residents have not received a ticket.

Mr. Kil stated that a trailer being parked in the driveway for 48 hours is not an issue. He stated that when the trailer has been parked in the drive way for two weeks, it is considered to be stored.

(General discussion ensued.)

Mr. Scartozzi asked for time to relocate his trailer.

ADJOURNMENT:

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

(The meeting was adjourned at 7:40 p.m.)

A TRUE COPY

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

01-24-2013 Town Council

January 24, 2013 Town Council Meeting Minutes

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

CALL TO ORDER:

In the absence of Michael Forbes, Town Council President, Vice-President, Larry Bustamante called to order the regular meeting of January 24, 2013, at 7:27 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Ms. Pat Kocot, Secretary Pro Tem, took roll call with the following members present: Larry Bustamante, Mark Barenie, Gregory Volk and Ken Gembala. Attorney David Austgen was present. Staff members present: Steve Kil. Chief Fred Willman was present. Chief Frego was absent. Recording Secretary, Susan E. Wright was also present.

Mr. Forbes reported that Mr. Gembala had family matters to attend to tonight, and Mr. Bustamante was currently in Indianapolis for job training.

APPROVAL OF MINUTES: November 29, 2012, Regular Meeting
December 20, 2012, Regular Meeting

Mr. Bustamante stated there were two sets of minutes for the Council's consideration; he stated he would take them one at a time. Mr. Barenie made a motion to approve the meeting minutes of November 29, 2012. Mr.Volk seconded the motion. The motion was unanimously passed by voice vote (4/0).

Mr. Bustamante stated he would entertain a motion on the December 20, 2012, regular meeting minutes. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

PUBLIC HEARING:

A. ORDINANCE NO. 1567, AN ORDINANCE ANNEXING CONTIGUOUS REAL PROPERTY (COMMONLY KNOWN AS 8160 WICKER AVENUE)

Mr. Bustamante stated that Ordinance Number 1567 related to annexing contiguous real property, commonly known as 8160 Wicker Avenue, was before the Council for their consideration.

Mr. Bustamante asked Attorney Austgen if the Proofs of Publication were in order. Attorney Austgen stated that Ms. Kocot submitted a Publisher's Affidavit from The Times reflecting that the Notice of Public Hearing on the Petition for Annexation was timely published on January 2, 2013, twenty two days before the public hearing. Attorney Austgen stated pursuant to this affidavit, the public hearing requirements have been met.

Mr. Kil explained that this property includes the Rosebud Antique shop and the U-Lock property directly north of the antique store. He stated that the Petitioner(s) for the annexation had appeared before the Utility Board seeking connection to the sewer utility. Mr. Kil stated that as a condition of connecting to the sewer utility, Petitioner(s) were required to annex into the Town of St. John as they are contiguous.

Mr. Kil stated that the fiscal plan would be introduced tonight, but not adopted. He asked that the Council to consider the annexation on first reading. He stated that the annexation would include Rosebud Antiques and the U-Lock parcels. Mr. Kil stated that he did have a signed copy of the Waiver for Right to Remonstrate as prepared by the attorney. Attorney Austgen requested a signed copy of the waiver for recording.

Mr. Bustamante opened the floor for public comment. He called for public comment. There was no public comment. Mr. Bustamante brought the matter back before the Council for further consideration.

For the record, the fiscal plan was introduced and submitted. Mr. Kil stated that a resolution number would be assigned to the fiscal plan at the next meeting when the fiscal plan is adopted.

Mr. Bustamante stated he would entertain a motion to consider Ordinance Number 1367 on first reading only. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

NEW BUSINESS:

A. RESOLUTION NO. 13-01-24, A RESOLUTION TO "WRITE-OFF" UNCOLLECTIBLE BAD DEBT

Mr. Bustamante stated that Resolution Number 12-01-24 was a resolution to write off uncollectible bad debt. Mr. Kil stated that this is a procedure that is normally done twice a year, primarily due to ambulance service. He stated a determination is made after consultation with the Town attorney that it would be cost prohibitive to try and collect on certain debts. Mr. Kil stated he would certainly recommend adoption of Resolution Number 13-01-24.

Mr. Barenie concurred, and he made a motion to adopt Resolution Number 13-01-24. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

B. CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES (HAAS & ASSOCIATE)

Mr. Bustamante stated that the next item before the Council was consideration of a Professional Services Agreement with Haas & Associates for engineering services. Mr. Volk opined that Haas & Associates have done an outstanding job working with the Town. Mr. Barenie concurred and stated he supported the motion. Mr. Gembala stated that Haas & Associates have always done a good job for the Town.

Mr. Bustamante stated he would entertain a motion to approve and authorize the Professional Engineering Services with Haas & Associates. "So moved," by Mr. Barenie. The motion was seconded by Mr. Volk. The motion was unanimously carried by voice vote (4/0).

C. CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES (AUSTGEN, KUIPER & ASSOCIATES)

Mr. Bustamante stated that the next item on the agenda was to consider a Professional Services Agreement for legal services with Austgen, Kuiper & Associates. Mr. Gembala stated he would recommend approval. Mr. Volk and Mr. Barenie concurred.

Mr. Bustamante stated he would entertain a motion to retain the professional services with Austgen, Kuiper & Associates. "So moved," by Mr. Gembala. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (4/0).

Attorney Austgen thanked the Council for their trust and the opportunity.

D. CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL SERVICES (CENDER & COMPANY)

Mr. Bustamante stated that the next item before the Council was consideration of a Professional Services Agreement for financial services with Cender & Company. Mr. Barenie opined that Cender & Company does excellent work with the Council and Utility Board.

Mr. Gembala made a motion to retain the Professional Services Agreement with Cender & Company. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

E. CONSIDER RESOLUTION #13-01-24A, A RESOLUTION AUTHORIZING ENTERING INTO A JOINT INTERLOCAL AGREEMENT WITH TOWN OF SCHERERVILLE FOR BUILDING INSPECTION SERVICES

Mr. Bustamante stated that next matter for the Council's consideration was Resolution Number 13-10-24A, a resolution authorizing entering into a joint interlocal agreement with the Town of Schererville for building inspection services.

Attorney Austgen informed the Council that the Town Council of Schererville unanimously adopted a resolution for the interlocal agreement last week. He stated that that the Schererville Town Council indicated that there was a good, solid working relationship between the towns. Mr. Kil stated that he is very pleased with this interlocal agreement also; he stated it was working out very nicely.

(General discussion ensued.)

Mr. Volk made a motion to approve the Interlocal Agreement for year 2013 with the Town of Schererville. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (4/0).

F. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

Mr. Bustmante stated that the Council would review and consider appointments to various Boards and Commissions. Mr. Kil stated he would read the names and the appointments for the Council's consideration.

Mr. Kil read the appointments as follows: the Town Council appointment for the Plan Commission, Mr. Steve Hastings, the citizen appointment member to the Board of Zoning Appeals, James Maciejewski; Contractor's Board, Mr. Jack Slager and Mr. Dale Robert; Economic Development Commission, Nick Georgiou, Mark Hil, John DeYoung, Bill Keith, Kelly Stoming, Steve Kil and Mark Barenie; Impact Fee Advisory Commission, Pete Kohut, Shirley Niver Frank Buck, Ken Schneider and Vince Frassinone; Ethics Committee, Dr. Eddie Lapina, David Vineyard, Dr. John DeVries; Park Board, Shari Kolodziej; Plan Commission, three staff appointments, Derwin Nietzel, Tom Redar and Mike Forbes; Police Commission, Bill Dorado and Robert Long; Sanitary District, Sheri Sims-Smurczyk. Mr. Kil noted that the Utility and Water Boards have already made their appointments.

Mr. Kil stated that the Impact Fee Advisory Commission would be reworking the Park Land Impact Ordinance this year. He also stated that the Impact Fee Advisory Commission requires a certain make-up and the appointment of these individuals properly constitute the make-up for the Commission.

Mr. Barenie made a motion to accept the appointments as read by Mr. Kil. He thanked the appointees for their continued support of the Town. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

G. CONSIDER ANNUAL DONATION TO TRI-TOWN SAFETY VILLAGE

Mr. Bustamante stated the Council must consider an annual donation to the Tri-Town Safety Village. Mr. Gembala opined that the Town should continue to support the Safety Village because it is apparently helping the kids and that is most important. For that reason, Mr. Gembala stated he would make a motion to approve the annual donation of $2000 to the Tri-Town Safety Village. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (4/0).

REPORTS AND CORRESPONDENCE:

A. ATTORNEY:
Attorney Austgen had nothing additional to report.
B. TOWN COUNCIL
Mr. Gembala had nothing to report. Mr. Volk had nothing report.

Mr. Bustmante informed the Council that has met with the Park Board and introduced the idea of a recreation center to brainstorm on. He stated since St. John has been voted Number One in the state as a place to raise children he thought a recreation center would be a good thing to consider.

Mr. Barenie had nothing to report.

C. STAFF:
Mr. Kil had nothing additional to report.

Chief Willman presented his report for the month of December, 2012. He informed the Council that there were a total of 1,264 calls in calendar year 2012, up five percent from last year. Chief Willman stated he appreciated all of the support from the Council.

D. CLERK-TREASURER:
Ms. Kocot had nothing to report.

PAYMENT OF BILLS:

Mr. Bustmante announced that the next item for the Council to consider was payment of the bills. He stated that general APVs Nos. 9314 through 9327 amounted to $1,685,078.46 and general APVs 7000 through 7156 amounted to $869,259.53. The total amount of all APVs was $2,554,337.99. Mr. Barenie made a motion to approve the entire docket of APVs. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

PUBLIC COMMENT:

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

ADJOURNMENT:

Mr. Bustamante stated he would entertain a motion to adjourn. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

(The meeting was adjourned at 7:46 p.m.)

A TRUE COPY

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

02-14-2013 Town Council

February 14, 2013 Town Council Meeting Minutes

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

CALL TO ORDER:

Michael Forbes called to order the regular meeting of February 14, 2013, at 7:01 p.m.

(The Pledge of Allegiance was recited.)

ROLL CALL:

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

NEW BUSINESS:

A. RESOLUTION NO. 13-02-14 – A RESOLUTION ADOPTING THE FISCAL PLAN FOR PROPERTY AT 8100 BLOCK OF WICKER AVENUE (ROSEBUD ANTIQUE)

Mr. Forbes announced that the first item before the Council was Resolution Number 13-02-14, a resolution adopting the fiscal plan for property located at the 8100 block of Wicker Avenue, Rosebud Antique. There was no discussion on this item.

Mr. Forbes stated, with no discussion, he would entertain a motion to adopt Resolution Number 13-02-14. "So moved," by Mr. Barenie. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (4/0).

B. ORDINANCE NO. 1567, AN ORDINANCE ANNEXATION OF REAL PROPERTY AT 8100 BLOCK OF WICKER AVENUE (ROSEBUD ANTIQUE)

Mr. Forbes announced that the next item before the Council was an ordinance annexation, Ordinance 1567, for the same property located at the 8100 block of Wicker Avenue, Rosebud Antique. There was no discussion on this item.

Mr. Forbes stated, with no discussion, he would entertain a motion to adopt Ordinance Number 1567. "So moved," by Mr. Bustamante. The motion was seconded by Mr. Volk. The motion was unanimously carried by voice vote (4/0).

C. APPROVAL OF DRAFT INTERLOCAL COOPERATION AGREEMENT FOR THE STUDENT RESOURCE OFFICER (SRO)

Mr. Forbes stated that the next item on the agenda was for the Council to consider approval of the Draft Interlocal Cooperation Agreement for the Student Resource Officer. Mr. Forbes stated that there are a few changes that Attorney Austgen must make to the draft. Mr. Forbes recommended that the Council consider formally approving the draft, have Attorney Austgen make the changes, and forward it to Dyer, Schererville, and Lake Central to get their feedback. He stated, after that, the resolution will move to its final, formal stage. Mr. Forbes asked for any discussion. There was no discussion.

Mr. Forbes stated he would entertain a motion to approve the Draft of the Interlocal Cooperation Agreement for the Student Resource Officer. "So moved," by Mr. Barenie. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (4/0).

Attorney Austgen stated he would forward the draft Agreement with the corrections to Mr. Kil so that Mr. Kil could forward the same to Lake Central, Dyer and Schererville.

D. ORDINANCE NO. 1569, AN ORDINANCE AMENDING ORDINANCE NO. 1483 (ZONING), REGARDING CHAPTER 14, LIGHTING STANDARDS (FAVORABLE RECOMMENDATION FROM THE PLAN COMMISSION)

Mr. Forbes stated that the next item to consider was Ordinance Number 1569, an ordinance amending Ordinance Number 1483 regarding the lighting ordinance and upon the recommendation of the Plan Commission. Mr. Forbes asked Mr. Volk to elaborate.

Mr. Volk informed the Council that the Plan Commission has been working on this ordinance for a couple of years. He stated that it is an amendment to the Town's current lighting ordinance. Mr. Volk stated the Plan Commission started working on the ordinance with the goal of reducing glare and nighttime sky pollution especially from commercial developments. He stated that the Plan Commission also considered the safety aspect.

Mr. Volk stated that the Plan Commission took into consideration the International Dark Skies Ordinance and other Town's lighting ordinances while shaping this ordinance. He stated that the Town of Dyer was focused on because they have already implemented an ordinance to eliminate light pollution.

Mr. Volk stated that he believes the amended ordinance will be an improvement to the Town's nightscape especially down the U.S. Route 41 corridor. He stated there will be a noticeable effect on the lighting when the ordinance is implemented. He stated that the amended ordinance will only apply to new construction or major remodeling. He stated that the ordinance will not apply to existing businesses.

(General discussion ensued.)

Mr. Barenie commented that it sounds like a great ordinance. He stated he had not had time to review it. He asked the Council to defer action on this matter until the next meeting. Mr. Volk stated he had no objection. Attorney Austgen noted that the amended ordinance is a one reading item so a deferral would give the Council an opportunity to review the ordinance.

Mr. Forbes stated he would entertain a motion to defer action on Ordinance Number 1569 until the next meeting. "So moved," by Mr. Bustamante. The motion was seconded by Mr. Barenie. The motion was unanimously carried by voice vote (4/0). Ordinance Number 1569 will be placed on the February 28, 2013 agenda.

E. CONSIDER AUTHORIZATION TO BEGIN THE LAND ACQUISITION PROCESS FOR THE PURPOSE OF CONSTRUCTION OF TWO (2) PARKS (BRAMBLEWOOD AND NORTH POINT)

Mr. Forbes stated that the next item on the agenda was for the Council to consider authorization to begin the land acquisition for the purpose of constructing two parks, one in Bramblewood and one in Northpoint. Mr. Forbes asked Mr. Bustamante and Mr. Barenie for any comments.

Mr. Bustamante stated that the location for proposed park in Bramblewood would be almost in the center of the subdivision where there is a large concentration of families who would appreciate the park.

Mr. Bustamante stated that the location for the proposed park in Northpoint would be between Northpoint and Sierra Point. He stated that both subdivisions would be able to take advantage of the proposed park's location. He stated that there is an "exorbitant amount of young families" that would love to have the park.

(General discussion ensued.)

Mr. Kil explained that the original idea was to purchase Lot 1 in Northpoint. He stated that he confirmed with the developer that Lot 1 is no longer available as it has been sold. In the alternative, Mr. Kil stated that Lot 17 was available.

(General discussion ensued.)

Mr. Barenie commented that a review had been done of the park locations located around Town. He stated that the initial review had found that the east side of Town was disproportionately light on parks. Mr. Barenie stated he would like to review this area further.

Mr. Kil remarked that Lot 1 is adjacent to and connected to the detention basin and would have provided a lot more play area. Mr. Kil stated that the developer had recommended Lot 17, and he wanted to submit it to the Council for their perusal.

Mr. Forbes asked Mr. Barenie if he would like to continue to research in Northpoint for another lot. Mr. Barenie stated he would like more time to find an ideal area.

Mr. Forbes asked the Council if they would like to move forward on the Bramblewood lot. Mr. Bustamante stated that the Council should move forward on the Bramblewood lot as there are not many lots left. He stated that he would not suggest a lot in the wooded area.

Mr. Kil stated if the Council authorized acquisition of land for the Bramblewood lot his next step would be to secure three appraisals for the parcel and upon completion of the appraisals, submit them to the Council for their review.

Mr. Forbes asked if there would be any cost savings in having the appraisals done at the same time. Mr. Kil stated there might be a slight cost savings since the appraisers would be in Town. Mr. Kil stated it might be advantageous to do appraisals on both parcels of property at the same time.

(General discussion ensued.)

Mr. Barenie remarked if the Council would not mind deferring the matter as he would like to do further research. Mr. Forbes stated that parking has to be taken into account for both parks.

Mr. Forbes stated he would entertain a motion to defer authorization of the land acquisition process for construction of two parks until the March 14, 2013, meeting. "So moved," by Mr. Bustamante. The motion was seconded by Mr. Barenie. The motion was unanimously carried by voice vote (4/0).

REPORTS AND CORRESPONDENCE:

A. ATTORNEY:
Attorney Austgen had nothing additional to report.
B. TOWN COUNCIL
Mr. Forbes stated that there is a request to purchase before the Council from the Public Works Department for three items. Mr. Forbes stated that the first item is a 2011 pickup truck with an aerial bucket on the back. He stated that the aerial bucket would be used to change out lights in Town in a safer manner than is currently being practiced.

Mr. Forbes stated that there are two appraisals because the vehicle is used. He stated that the lowest price is $79,000. Mr. Bustmante commented this price includes training the employees in the use of the truck with aerial bucket.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to approve the request to purchase the bucket truck in the amount of $79,000. "So moved," by Mr. Bustamante. The motion was seconded by Mr. Barenie. The motion was unanimously carried by voice vote (4/0).

Mr. Forbes stated that the Public Works is requesting purchase of a leaf vacuum; he stated an appropriation would be needed for this purchase. Ms. Sury stated that the item was advertised in today's paper. She stated that the purchase price if $40,000 and would be set on the February 28, 2013, agenda.

(General discussion ensued.)

Mr. Volk had nothing to report. Mr. Barenie had nothing to report. Mr. Bustmante had nothing to report.

C. STAFF:
Mr. Kil had nothing additional to report.

Chief Willman had nothing to report.

Chief Frego reported to the Council that the upcoming Saturday the Police Department has scheduled an initial orientation for "Hire-A-Vet." He stated that 61 applications have been handed out. Chief Frego stated that for the week following the orientation agility tests will be scheduled.

Mr. Sobek reported, per the recommendation of Mr. Kil, he is meeting with a group in order to establish the Town as a "tree city." He stated he is hoping to form a committee.

Mr. Sobek also reminded the Council that he needed another member for the Park Board. Mr. Forbes stated that the Council will review the list and appoint a member.

D. CLERK-TREASURER:
Ms. Sury had nothing to report.

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. Bustamante. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (4/0).

(The meeting was adjourned at 7:22 p.m.)

A TRUE COPY

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

02-28-2013 Town Council

February 28, 2013 Town Council Meeting Minutes

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

CALL TO ORDER:

Mr. Michael Forbes called to order the regular meeting of February 28, 2013, 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, Larry Bustamante, Greg Volk, Mark Barenie, and Ken Gembala. Attorney David Austgen was present. Staff members present: Steve Kil. Chief Fred Willman was present. Chief Frego was present. Recording Secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES: January 10, 2013, regular session;
February 14, 2013, regular session,
February 14, 2013, Executive Session;
January 24, 2013, Board of Finance, Special Session.

Mr. Forbes noted he was absent from the January 24, 2013, meetings. He stated that the following minutes were before the Council for their review and approval, regular meeting, January 10, 2013; regular meeting, February 14, 2013; and, Executive Session, February 14, 2013. Mr. Forbes asked if there were any questions or comments related to the aforementioned minutes. The Councilmen had no comment.

Mr. Forbes stated he would entertain a motion to approve the minutes of the regular meeting of January 10, 2013; regular meeting of February 14, 2013; Executive Session of February 14, 2013. “So moved,” by Mr. Barenie. The motion was seconded by Mr. Bustamante. The motion was carried by voice vote (4/0). Mr. Gembala abstained from the vote on the regular meeting minutes and Executive Session meeting minutes of February 14, 2013, citing his absence on that date.

Mr. Forbes stated that he would entertain a motion to approve the January 24, 2013, regular meeting, and the January 24, 2013, Board of Finance, Special Session. “So moved,” by Mr. Greg Volk. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0). Mr. Forbes abstained from the vote on the January 24, 2013, meeting minutes citing his absence.

PUBLIC HEARING:

A. CONSIDER RESOLUTION 13-02-28 – A RESOLUTION FOR ADDITIONAL APPROPRIATIONS – PUBLIC HEARING

Mr. Forbes explained to the Council that $40,000 was being appropriated from the Solid Waste monies. He stated the money is being appropriated from the fund containing grant money. He stated that the $40,000 will be used for the purchase of a new leaf vac.

Mr. Forbes asked Attorney Austgen if the Proofs of Publication were in order for the public hearing. Attorney Austgen stated that the record should reflect timely publication of the Notice of Additional Appropriation in the Northwest Indiana Times as evidenced by the Publisher’s Affidavit. He stated that the Proof of Posting was presented by Clerk-Treasurer, Sherry Sury, along with the certificate reflecting proper posting, all of which are contained in the file. Attorney Austgen noted that the public hearing has been properly noticed.

Mr. Forbes asked Mr. Kil for any additional comment. Mr. Kil had no comment. Mr. Forbes asked the Council members for any comment. The Councilmen had no comment.

Mr. Forbes opened the floor for public comment. There was no public comment. Mr. Forbes closed the public hearing and brought the matter back before the Council.

Mr. Forbes stated he would entertain a motion on Resolution Number 13-02-28, a resolution for additional appropriations. “So moved,” by Mr. Bustamante. The motion was seconded by Mr. Barenie. The motion was unanimously carried by voice vote (5/0).

NEW BUSINESS:

A. CONSIDER ORDINANCE 1568 – THE AMENDED PROVISIONS AND TERMS OF WD 27 WITH A FAVORABLE RECOMMENDATION BY THE WATERWORKS BOARD

Mr. Forbes stated the next item on the agenda was consideration of Ordinance 1568, the amended provisions and terms of WD 27, with a favorable recommendation by the Waterworks Board. He asked the Councilmen if they had any questions. The Councilmen had no comments or questions.

Mr. Forbes stated he would entertain a motion to consider Ordinance Number 1568, on first reading. “So moved, “ by Mr. Barenie. The motion was seconded by Mr. Volk. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion to adopt Ordinance Number 1568. “So moved,” by Mr. Volk. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

B. CONSIDER RESOLUTION NUMBER 13-02-28A – A RESOLUTION PROVIDING FOR TRANSFER OF APPROPRIATIONS

Mr. Forbes stated that the next item on the agenda was for the Council to consider Resolution Number 13-02-28A, a resolution providing for transfer of appropriations. Mr. Forbes requested that Mr. Kil update the Council.

Mr. Kil stated that this appropriation was for the purchase of a bucket truck for the Town. Ms. Sury concurred. She stated money had to be transferred from “Supplies” to “Equipment” (from the 200s to the 400s) in order to pay for the bucket truck out of the proper fund. Mr. Forbes asked the Council if they had any questions. There were no comments or questions from the Councilmen.

Mr. Gembala made a motion to consider Resolution Number 13-02-28A. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

C. ORDINANCE NUMBER 1569 – AN ORDINANCE AMENDING ORDINANCE NUMBER 1483 – ZONING REGARDING LIGHTING STANDARDS WITH A FAVORABLE RECOMMENDATION FROM THE PLAN COMMISSION

Mr. Forbes stated that Ordinance Number 1569 was before the Council for their consideration. He noted that Ordinance Number 1569 was an ordinance to amend Ordinance Number 1483, the zoning ordinance regarding the Town’s Lighting Standard(s). The Plan Commission had forwarded Ordinance Number 1569 to the Town Council with a favorable recommendation.

Mr. Forbes asked the Council if they had any questions or comments on Ordinance Number 1569. Mr. Barenie stated that all of his questions on Ordinance 1569 had been answered by Mr. Volk. There were no further comments from the Councilmen.

Mr. Forbes stated that he would entertain a motion to adopt Ordinance Number 1569. “So moved,” by Mr. Volk. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:

A. ATTORNEY:
Attorney Austgen had nothing to report.
B. TOWN COUNCIL:
Mr. Gembala had nothing to report.

Mr. Volk stated that he had talked with Mr. Kil earlier in the week regarding an updated list for street repairs and/or street paving. Mr. Kil stated that he is in the process of updating the list of all the roads in Town; he stated that the roads will be categorized in a range from “Excellent” to “Very Poor.”

Mr. Gembala noted that in the older sections of Town, especially, there is grass growing up through the cracks in the streets. Mr. Kil stated that once the street repair list is updated he will distribute it to the Council. He stated that the Council will then be able to review the list and prioritize the street repairs/paving.

Mr. Kil informed the Board that the “Local Road and Street Money” is never used to pave roads; he stated that the money in this fund is used to buy road salt. He stated pursuant to the Town’s contract with the State, the Town is contractually obligated to purchase 80% of their salt allotment each year. Mr. Kil noted that the Town has not needed salt for the past couple of years.

Mr. Volk asked if sidewalk repairs were on the schedule for calendar year 2013. He asked if any sidewalk repairs were done in 2012. Mr. Kil stated that approximately $20,000 a year is spent on sidewalk repairs.

(General discussion ensued.)

Mr. Barenie asked about the status of “potholes.” Mr. Kil stated, that potholes have been under control so far this year. He stated he has fielded surprisingly few complaint calls thus far this year about potholes.

(General discussion ensued.)

Mr. Bustamante remarked that the condition of Joliet Street is “disgusting.” He asked if this road will ever be repaired. Mr. Bustamante stated something should be done about Joliet Street as it is a pretty well-traveled street. Mr. Forbes stated that the repair of Joliet Street is the responsibility of the developer. Mr. Kil stated that Joliet Street repair is tied to the approval of Unit 4, in the Renaissance development. Mr. Kil stated that Unit 4 in the Renaissance has not been approved for final plat.

(General discussion ensued.)

Mr. Forbes explained that Joliet Street was originally slated to be finished as part of the Gates of St. John development until the property was sold off to the Renaissance development. Mr. Kil stated that the economy had a significant impact on the Renaissance development. He stated that nothing can be done until the aforementioned unit is final platted.

Mr. Forbes reported that Rick Stroh, one of the public works employees will be retiring effective Monday, March 4, 2013. Mr. Forbes asked the Council to authorize the hiring of a new public works employee, and to use the previously received applications. Mr. Forbes stated that there are hundreds of applications to review.

Mr. Kil informed the Council that ten candidates have been interviewed. Mr. Kil stated he is only looking to hire one individual to replace the retiring employee.

(General discussion ensued.)

Mr. Forbes stated that the Council would need to authorize the hiring of a new public works employee; he asked for a motion. Mr. Volk made a motion to authorize hiring of one (1) employee for the Public Works Department. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0).

C. STAFF:
Mr. Kil had nothing additional to report.

Chief Frego updated the Council with the January 1-31, 2013, activity report for the Police Department. Chief Frego informed the Council that Tri Kappa requested permission for a 5k run behind Lake Central High School on April 27, 2013. Chief also informed the Council stated that the Town will host the Triathlon on May 11, 2013. Chief Frego stated he wanted to apprise the Council on upcoming events being held in Town.

(General discussion ensued.)

Chief Frego updated the Council with a progress report on the Hire-A-Vet. He stated that 63 applications were passed out, and 29 applications were returned to the Police Department. He stated of the 29 applications turned in, four were incomplete. Twenty five individuals showed up for orientation with four individuals being eliminated at the orientation. Agility testing was held last Saturday with 21 individuals participating; all 21 participants passed the agility tests. Chief Frego stated that written tests are scheduled for March 16, 2013. He stated that he met with Dr. Verraco yesterday to coordinate dates so that they can jointly interview the potential candidates in the month of April/May.

Mr. Gembala lauded the three police officers for a job well done on the arrest for a house break-in. Chief Frego stated that the officers followed footprints in the snow, behind the trees and through the forest, found the culprit and made an arrest. Chief Frego stated most of the stolen items were recovered.

Attorney Austgen requested that Chief Frego update the Council on the business related to the E 911 meeting he attended. Chief Frego stated that the E 911 meeting was standing room only. He stated that the Lake County Sheriff also attended the meeting. Chief Frego informed the Council that the Lake County Commissioners have fired all of the E 911 consultants except one. He stated that the County’s 911 director’s contract was up and was not renewed.

Chief Frego stated that the only positive outcome of the meeting was that it has been agreed they can proceed with the Quantitative Purchase Agreement. He stated that Motorola holds this contract for the purchase agreement. Chief Frego stated it will be a no-bid process. He stated that Motorola will provide the service, engineering and consultants.

Mr. Forbes asked which building was chosen to house the E 911 center. Chief Frego stated that the E 911 center will be housed in the third floor of the government center after renovations have been completed.

(General discussion ensued.)

Chief Frego stated that the entire project hinges on finances. He stated that there are attempts being made to persuade the County Council to sign the interlocal agreement. He stated that the next meeting related to the E 911 would be in mid-March. Chief Frego stated that the meetings seem to be filled with controversy.

Attorney Austgen remarked that he had reviewed an item circulated by Mr. Forbes regarding the Student Resource Officer and the possibility that funding could be at risk due to the sequester.

Mr. Kil stated that they had looked into the funding. Chief Frego stated that he was pretty confident that the funding would not be affected for year 2013. He stated that a grant was awarded in fiscal year June of 2012.

(General discussion ensued.)

Chief Willman updated the Council with the Fire Department’s activity report for the month of January, 2013.

D. CLERK-TREASURER:
Ms. Sury had nothing to report.

PAYMENT OF BILLS:

Mr. Forbes announced that the next item for the Council to consider was payment of the bills. He stated that APVs Nos. 7157 through 7365 amounted to $1,443,294.60.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to approve the APVs Nos. 7157 through 7365 in the amount $1,443,294.60. “So moved,” by Mr. Gembala. The motion was seconded by Mr. Volk. 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 Volk. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

(The meeting was adjourned at 7:50 p.m.)

A TRUE COPY

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

03-14-2013 Town Council

March 14, 2013 Town Council Meeting Minutes

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

CALL TO ORDER:

Mr. Michael Forbes called to order the regular meeting of the Town Council, on March 14, 2013, 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, Larry Bustamante, and Ken Gembala. Councilmen Greg Volk and Mark Barenie were absent. Attorney David Austgen was present. Staff members present: Steve Kil. Chief Fred Willman was present. Chief Frego was present. Chip Sobek was present. Recording Secretary, Susan E. Wright was also present.

For the record, Mr. Forbes informed the Council that Mr. Volk advised him that he would not be attending tonight's meeting due to illness. Mr. Kil informed the Council that Mr. Barenie had advised him he would be absent from tonight's meeting.

PRESENTATION: MR. CAL BELLAMY – SHARED ETHICS COMMITTEE

Mr. Cal Bellamy appeared before the Board to present his story of the Shared Ethics Committee. He provided the Board with handouts. Mr. Bellamy informed the Council that he would tell them what the Shared Ethics Advisory Committee does. He directed the Council's attention to the handouts. Mr. Bellamy informed the Council that seven communities are currently participating in the Shared Ethics Committee, they include Crown Point, East Chicago, Dyer, Highland, Munster, Schererville and Whiting.

Mr. Bellamy informed the Council that the Shared Ethics Committee does not enforce ethics violations and does not make rules for communities. He stated that the Shared Ethics Committee aids in the training of employees. Mr. Bellamy stated that the training is in four different venues.

Mr. Bellamy explained that the first and most important venue is the training of the entire workforce of the member communities. Mr. Bellamy stated this training is accomplished by asking the member Towns to designate one, two or three employees so that the Shared Ethics Committee can train them; in turn, the trained employees return to the work place and train their co-workers. Mr. Bellamy stated that training can be completed by using one of four training programs or a video with interactive training.

Mr. Bellamy stated that the employee training is based on case studies and interactive discussion. Mr. Bellamy reiterated that the first and most important activity of the Shared Ethics Committee is the training of every municipal employee.

Mr. Bellamy stated that the second venue of the Shared Ethics Committee is training of department heads and supervisors with the thought that trained employees will only be effective if the supervisors and department heads are enthusiastic about the project.

Mr. Bellamy stated that there is a specialized training project for the supervisors and department heads. He stated that the next training session for supervisors and department heads is scheduled for April 17, 2013, for a half day.

Mr. Bellamy stated that the third venue of the Shared Ethics Committee is to provide training for board and commission members. He stated this training is done once a year. He stated that this training is based on the premise that the board and commission members make many important decisions for the community and are exposed to potential conflicts of interest and favoritism. He stated that the training provided to the board and commission members also includes case studies. Mr. Bellamy stated that the next training session for board and committee members is scheduled for September 30, 2013.

Mr. Bellamy explained the fourth venue of the Shared Ethics Committee is the Ethics in Government Breakfast. He stated that this breakfast took place earlier on this day with former U.S. Attorney for Illinois, Patrick Fitzgerald, as the guest speaker, along with a panel of local officials. He stated these individuals discussed ethics with the general public, elected officials, and any other interested parties.

Mr. Bellamy summarized that these are the four training venues that the Shared Ethics Committee utilizes. He stated that the handout submitted to the Council reflects what kind of results the Shared Ethics Committee has achieved.

Mr. Bellamy stated that at the end of 2012, a survey was conducted of employees in a number of communities. He stated that the survey received 565 responses. Mr. Bellamy stated that two-thirds of the respondents indicated that they valued the ethics training, and rated the ethics training as important to very important. He stated that the survey validated the value and importance of the ethics training.

Mr. Bellamy stated that there are some modest costs associated with joining the Shared Ethics Committee. He stated that the cost is dependent upon how many full-time employees there are. He referred the Council to the fee schedule in the handout. Mr. Bellamy stated that once the fee is paid by the community all of their employees are entitled to participate in all of the training programs without any additional costs.

Mr. Bellamy stated that the members of the Shared Ethics Committee are all volunteers. He stated that the Shared Ethics Officer, Joseph Pellicciotti, is an Associate Chancellor at IUN. Mr. Bellamy explained that the only expense for the committee is providing training materials and arranging training activities.

Mr. Bellamy explained that the Shared Ethics Committee is made up of private citizens. He stated each member town appoints its own citizens to be a commissioner to govern the activities. He stated the appointees are comprised of clergy, educators, attorneys and retired judges. Mr. Bellamy stated that the Committee's finances are controlled by a board of delegates. He stated that the board of delegates sets the Committee's fees and budget.

Mr. Bellamy concluded his presentation. He stated he would be happy to answer any questions or concerns the Council might have.

Mr. Gembala asked who develops the programs for the Shared Ethics Committee. Mr. Bellamy explained that the department head/supervisors training and the board/commission training is conducted by a professional. He stated that on the 17th of April, a gentleman by the name of David Limardi, presently the Midwest Director for the ICMA, will be conducting the training. He stated that the individuals teaching the ethics training have hands-on experience with all of the issues that will be addressed.

Mr. Bellamy stated employee training programs are developed by two local ethicists, one from Calumet College and one from Purdue Calumet. The two local ethicists also train the trainers. He stated there is also a twelve minute interactive training video on challenging case studies.

There were no further questions from the Council. Mr. Forbes stated that he has had the opportunity to see the Shared Ethics Committee presentation by way of the Lake County Solid Waste Management Board. Mr. Forbes stated that he would like to get the input of the two councilmen who were absent from tonight's presentation. He thanked Mr. Bellamy for the information.

Mr. Bellamy, as a parting comment, stated that some people think that ethics blossom up automatically, and that people understand how to navigate through al l of the shades of gray that they are confronted with. He stated once the case studies are presented and there is dialogue with the employees/supervisors/commissioners, they comprehend the different perspectives very quickly. Mr. Bellamy stated that ethical decision making is a learned skill.

Mr. Forbes thanked Mr. Bellamy for donating his time to this cause.

NEW BUSINESS:

A. BID OPENING – 2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT – PRAIRIE WEST WALKING TRAIL

Mr. Forbes stated that the next item on the agenda for the Council's review was the bid opening for the 2013 CDBG project for the Prairie West Walking Trail. He asked Attorney Austgen if the Proofs of Publication were in order. Attorney Austgen stated that the record should reflect the timely publication in two publications, The Times and the Post Tribune, on February 24, 2013, and a subsequent publication in each of the same papers on March 4, 2013, as Notice to Bidders. Attorney Austgen stated that the Council could proceed on the bid opening.

Mr. Forbes noted that Attorney Austgen had the bids in hand.

Attorney Austgen opened the first bid. This bid was received from Reith-Riley. He stated that the bid form is in order, duly executed and notarized; contains the e-verify enrollment agreement; affidavit of e-verify compliance; and the certificate regarding engagement and investment in Iran. The base bid is $69,000; Alternate Number One is $54,840. Form 96 is present, duly executed and notarized, contains oath, affirmation and noncollusion affidavit. Bid bond is present in the amount of ten percent of the total bid. The business documentation of Reith-Riley was also in the package. Receipt of bid addenda, March 6, 2013, is acknowledged in the document.

Attorney Austgen opened the second bid. This bid was received from Walsh & Kelly, Inc. He stated that the bid form is present, duly executed and notarized; Addenda Number 1 is acknowledged. Base bid of $53,031; Alternate Bid Number One, $42,846; total base and alternate bid $95,877, executed and duly notarized; contains e-verify enrollment agreement; affidavit of e-verify compliance; certificate denying engagement and investment in Iran. Bid bond present in the amount of ten percent of the amount bid. Form 96 is present, duly executed and notarized, containing oath, affirmation and noncollusion affidavit. The business documentation of Walsh & Kelly, Inc. was attached.

Mr. Forbes confirmed that there were the only two bids received. He stated that he would accept a motion to take the two bids under advisement. "So moved, by Mr. Gembala. The motion was seconded by Mr. Bustamante. The motion was carried by voice vote (3/0).

REPORTS AND CORRESPONDENCE:

A. TOWN COUNCIL:
Mr. Bustamante had nothing to report.

Mr. Gembala had nothing to report.

Mr. Forbes informed the Council that he met with Mr. Kil last Friday. He stated that they met on 93rd Avenue to discuss a drainage problem at that location. He stated there are actually two drainage problems remaining on 93rd Avenue.

Mr. Forbes stated one problem is the pond in Prairie West Park, which will not be fixed until development occurs in this area. Mr. Forbes stated that the other drainage problem is located just before Hilltop on 93rd Avenue due to a significant valley in the road that runs across the road and travels off into Larimer Park. He stated that any time water flows across one of the Town's thoroughfares, it is a big problem especially at this time of year due to freezing rain. Mr. Forbes stated that cost estimates for this project at 93rd Avenue and Hilltop will be presented to the Town Council shortly.

B. ATTORNEY:
Attorney Austgen had nothing additional to report.
C. STAFF:
Mr. Kil informed the Council that when the appointments were handed out for year 2013 he inadvertently left off Mr. Setlack's appointment to the Economic Development Committee. He asked the Council to formally appoint Mr. Setlack to the Committee.

Mr. Gembala made a motion to appoint Mr. Setlack to the Economic Development Committee. The motion was seconded by Mr. Bustamante. The motion was carried by voice vote (3/0).

Mr. Sobek informed the Council that the Easter Egg Hunt would take place one week from Saturday.

Chief Willman had nothing to report.

Chief Frego had nothing to report.

CLERK-TREASURER:
Ms. Sury had nothing to report.

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 carried by voice vote (3/0).

(The meeting was adjourned at 7:20 p.m.)

A TRUE COPY

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

03-28-2013 Town Council

March 28, 2013 Town Council Meeting Minutes

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

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for March 28, 2013, at 7:08 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, Larry Bustamante, Mark Barenie, Gregory Volk and Ken Gembala. Attorney David Austgen was present. Staff members present: Steve Kil. Chief Frego was present. Chief Fred Willman was absent. Chip Sobek was absent. Recording Secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES: January 10, 2013, Executive Session
January 24, 2013, Executive Session
February 28, 2013, Executive Session
February 28, 2013, Regular Session

Mr. Forbes stated first item on the agenda was approval for the minutes for the January 10, 2013, Executive Session, January 24, 2013 Executive Session and the February 28, 2013, Regular Session. Mr. Forbes noted he was absent from the January 24, 2013, Executive Session. He asked if the members had any amendments, deletions or comments on the aforementioned minutes. The Council had no comments on the minutes.

Mr. Forbes stated he would entertain a motion to approve the Executive Session meeting minutes from January 24, 2013. "So moved," by Mr. Bustamante. Mr. Barenie seconded the motion. The motion was carried by voice vote (4/0/1). Mr. Forbes abstained from the vote.

Mr. Kil asked Mr. Forbes to add the February 28, 2013, Executive Session minutes to the agenda for action as they were inadvertently omitted. Attorney Austgen recommended that a motion be taken to add the February 28, 2013, Executive Session minutes to the agenda.

Mr. Forbes stated he would entertain a motion to add the February 28, 2013, Executive Session minutes to the agenda. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion, if there were no amendments, for the January 10, 2013, Executive Session; February 28, 2013, Regular Session; and the February 28, 2013, Executive Session. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously passed by voice vote (5/0).

PUBLIC HEARING:

A. ORDINANCE NO. 1570, AN ORDINANCE AUTHORIZING THE VACATION OF PUBLIC RIGHT-OF-WAY FOR MCDONALDS/EENIGENBURG PROPOSED DEVELOPMENT

Mr. Forbes stated that a Public Hearing was being held for Ordinance Number 1570, an ordinance which authorizes the vacation of a public right-of-way for the McDonalds/Eenigenburg proposed development. Mr. Forbes asked Attorney Austgen if the Proofs of Publication for the Public Hearing were in order. Attorney Austgen stated that timely publication of Notice of Public Hearing on Vacation of Public Way was made in The Times and Post Tribune newspapers published in both on February 28, 2013, well in advance of the required time. Attorney Austgen stated that the public hearing could be properly conducted.

Mr. Kil updated the Council on the vacation of the public right-of-way. He stated that this vacation would remove the platted right-of-way that lies directly adjacent to US Route 41 in favor of platting a road to the east for an extension of Earl Drive. Mr. Kil stated that Earl Drive is the frontage road that runs in front of Stracks and Target. He stated that the right-of-way vacation would allow for the extension of Earl Drive to the northern most property line behind the McDonalds and Eenigenburg development.

Mr. Kil stated that Attorney Patrick Lyp, legal counsel for the development, also wanted to address the Council. Attorney Lyp appeared before the Council and stated that the purpose of the public hearing was to ask the Council's permission to vacate portions of frontage road along 97th Place and on US Route 41.

Attorney Lyp stated he would explain to the Council what stage the development is currently at. He explained that the McDonalds/Eenigenburg development has been before the Plan Commission on several occasions. He stated on March 20, 2013, the Plan Commission granted preliminary plat approval for the McDonalds development as well as site plan approval.

Attorney Lyp stated that on March 25, 2013, Petitioner, McDonalds, appeared before the Board of Zoning Appeals seeking variances on a building line and signage. He stated that the variances sought by McDonalds were granted by the Board of Zoning Appeals. He stated that additional information was needed for the JDE, LLC portion and JDE, LLC will again appear before the Board of Zoning Appeals at its April meeting.

Attorney Lyp informed the Board that some conditions have been placed on the request for vacation of the public right-of-way. He stated, first and foremost, although the frontage road is being vacated it is an absolute requirement that Earl Drive be placed (extended) in the rear of both the McDonalds property as well as the on the JDE, LLC property. He stated that the project will not move forward until a written commitment is submitted to Attorney Austgen, acceptable to him that the commitments will be honored.

Attorney Lyp stated, obviously, final plat approval will be needed on the development. He stated that the vacation of right-of-way would be conditioned upon the final plat approval, that the utility relocations would be addressed at final plat, a written commitment would be provided to the Town, final plat approval to be granted for the entire subdivision at which time utility relocates will be finalized and the required fees will be paid to the Town upon final plat approval.

Attorney Austgen asked Attorney Lyp to confirm, for the record, the Petitioner and property owner's understanding that no occupancy of any new structure will occur or be permitted pending completion of the Earl Drive frontage road which will be located on the east side of both of the proposed structures on two lots of the subdivision. Attorney Lyp acknowledged and agreed with this statement.

Attorney Lyp stated in the conditions that were provided to the Council, he presented an alternative in the sense that if, for practical reasons, the road would not be completed Petitioner would then post a bond or a letter of credit that would stand in that position. He asked if a bond or a letter of credit would be acceptable or not.

Attorney Austgen responded "probably not." Attorney Lyp stated that he would commit to the Town that the road will be completed prior to the issuance of an occupancy permit. Attorney Austgen asked President Michael Forbes if this would be acceptable. Mr. Forbes stated that this would be acceptable.

Mr. Forbes asked if signatures and recordation would be withheld from the public right-of-way vacations. Attorney Austgen stated that in the event the Council considers on two readings tonight to adopt Public Way Vacation Ordinance Number 1570, it would be his recommendation to withhold signatures and recordation.

Attorney Austgen stated that the McDonalds and JDE, LLC, property owner have progressed through the process but there are still things left to do. Attorney Austgen noted that McDonalds has nearly completed the process, and JDE, LLC is catching up with site plan and variance applications which should be completed by April. Attorney Austgen advised the Board to withhold signature(s) pending the final land use approvals.

Mr. Forbes asked the Council if they had any further questions. The councilmen had no questions or comments. Mr. Forbes stated he would open the floor to the public for any comment regarding the vacation of the public right-of-way for the two parcels. Mr. Forbes called again for public comment. There was no public comment. Mr. Forbes closed the public hearing and brought the matter back before the Town Council.

Mr. Forbes stated he would entertain a motion to consider Ordinance Number 1570 on first reading; he asked if there was a motion to consider Ordinance Number 1570 on first reading. "So moved," by Mr. Volk. 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 Number 1570 contingent upon withholding signatures on the public way vacation mylars or signing of Ordinance 1570 until such time as all business was settled. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion.

Attorney Austgen noted that there were two documents and that the motion should include withholding the signing of Ordinance Number 1570 and the public way vacation mylars. Mr. Forbes asked Mr. Bustamante if he would accept this amendment to his motion. Mr. Bustmante reaffirmed the amended motion. Mr. Volk seconded the amended motion. The motion was unanimously carried by voice vote (5/0).

NEW BUSINESS:

A. BID AWARD FOR THE 2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT

Mr. Forbes stated that there was a bid award for the 2013 CDBG project, which would be the installation of a trail in Prairie West Park. He stated that the bids were opened at the last meeting and reviewed by Town staff and the Town's attorney.

Mr. Forbes stated that Walsh & Kelly is the lowest , most responsible bidder. He asked the Council if they had any questions on the project. Mr. Volk asked if the proposed trail was going to follow the same path as the mulch. Mr. Forbes stated that the trail will generally follow the mulch path, and there will also be a leg on the path that will lead to West Oak Ridge.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to award the bid to Walsh & Kelly in the amount of $95,887. "So moved," by Mr. Gembala. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

B. CONSIDER AUTHORIZATION TO BEGIN LAND ACQUISITION FOR THE CONSTRUCTION OF A PARK IN BRAMBLEWOOD SUBDIVISION

Mr. Forbes stated that the next item for the Council's review is to consider authorization to begin land acquisition for the construction of a park in Bramblewood Subdivision. He stated that the Council would consider authorizing Town Manager, Mr. Kil, to seek appraisals for the parcel as discussed at the last meeting.

Mr. Forbes asked the Council if they wished to discuss this matter. Mr. Volk asked how many appraisals had to be obtained. Mr. Forbes stated that three appraisals would be obtained.

(General discussion ensued.)

Mr. Gembala confirmed that, at this point, the Council was just approving obtaining appraisals. Mr. Forbes concurred.

Mr. Forbes stated he would entertain a motion to authorize obtaining appraisals to commence the land acquisition for the construction of a park in Bramblewood subdivision. "So moved," by Mr. Bustamante. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:

A. ATTORNEY:
Attorney Austgen had nothing to report.
B. TOWN COUNCIL:
Mr. Barenie had nothing to report.

Mr. Bustmante had nothing to report.

Mr. Volk had nothing report.

Mr. Gembala had nothing to report.

C. STAFF:
Mr. Kil had nothing additional to report.

Chief Frego had nothing to report.

D. CLERK-TREASURER:
Ms. Sury had nothing to report.

PAYMENT OF BILLS:

Mr. Forbes announced the next item for the Council to consider was payment of the bills for the Corporation. He stated that general APVs Nos. 7366 through 7530 in the amount of $1,002,339.27. He asked if there were any questions on the bills.

Mr. Forbes, hearing no questions on the bills, stated he would entertain a motion to approve payment of the bills. Mr. Barenie made a motion to approve payment carried by voice vote.

PUBLIC COMMENT:

Mr. Forbes called for public comment. He directed the audience members if they had any business before the Council to step up to the podium and state their name and address for the record.

Thaddeus Buckowinski, 9540 Genevieve Drive
Mr. Buckowinski stated he lives in Bramblewood subdivision. He stated he was trying to figure out why they need a park on a corner, prime piece of property in Bramblewood. He stated he viewed St. John's website and he found no ordinance stating that they must have a park in their subdivision. He stated he is trying to figure out why this is being done and for what purpose.

Mr. Bustamante stated that the west side of Town has very few parks. He stated a survey was sent out to all of the residents in Bramblewood. He stated 149 survey letters were sent out. He stated out of the 149 survey letters sent out, 114 were "yes" responses and 35 response were "no."

Mr. Buckowinski stated that this is the first he heard of that survey. Mr. Bustamante stated the proposed park is for the benefit of the subdivision. Mr. Buckowinski stated that they will be taking a prime location where a house could be built. He stated his question is why the whole subdivision and not just the people immediately affected by the proposed park.

Mr. Bustamante stated it (survey) is usually done with the whole subdivision. Mr. Buckowinski asked if there was anything the Bramblewood residents could do to stop this park from going forward or anything he could do to stop this from happening. He stated he does not want a park at this location.

Mr. Bustamante asked how many residents don't want a park compared to how many residents want a park. Mr. Bustamante stated the residents have to consider what is better for the subdivision. Mr. Buckowinski stated that people who don't live next to the proposed park will want a park. Mr. Bustamante stated he would not mind living next to the park. Mr. Buckowinski noted Mr. Bustamante lives two blocks away from the proposed park. Mr. Buckowinski stated he would switch houses with Mr. Bustamante because he did not want to be by the park. Mr. Buckowinski stated he did not pay $370,000 to have a park 500 feet away from his house.

Mr. Buckowinski if the police would be patrolling the park every day at night. Mr. Bustamante stated that the police patrol all parks as they do every day. Mr. Buckowinski stated it is sad that the residents cannot do anything about the proposed park and the Council made the decision to put the park in Bramblewood.

Harry Mason, 9620 Genevieve Drive
Mr. Mason addressed Councilman Bustamante, individually, "and to the rest of the folks of the Council." Mr. Mason commended Mr. Bustamante for trying to take advantage of green space since there is not a lot of it in St. John. Mr. Mason stated that Mr. Bustamante's heart is in the right place. He opined that the means and manner in which the survey was conducted is what threw people off.

Mr. Forbes asked Mr. Mason to state his opinion and address the Council and not campaign. Mr. Mason stated that the facts are if a resident did not respond to the survey it was counted as a "yes." Mr. Mason stated he called Mr. Bustamante; he stated he was very fair and has great ideas and very positive for the community. Mr. Mason reiterated that if a resident did not return the survey "it was automatically a yes." Mr. Mason opined that Mr. Bustamante is doing the right thing and there are ways of going about it.

Mr. Mason directed a question to the Council. He asked if they are considering the land acquisition at this point, has the SWYPPP has been taken care of. Mr. Mason stated that traffic management is also a key. Mr. Mason reiterated that he talked with Mr. Bustamante on the telephone, and Mr. Bustamante asked him if he would feel the same if the park was not next to his home. Mr. Mason stated that of course he would feel the same way. He stated this is a matter of public safety.

Mr. Mason referred to a portion of 96th Street as "the Dyer bypass, little 500." He stated this is the least safe street in the subdivision. Mr. Mason stated if he were to take 50 feet away from either corner of the proposed park there would probably be a box this big (indicating) for the park.

Mr. Mason credited Mr. Bustamante for offering some alternatives or modifications to the existing streets, for example, turning the street into a one-way street heading westward or installing a four way stop. Mr. Mason stated that what is missing is distance. He stated that "distance is the killer here." He stated that over 200,000 children are hurt in parks each year and over 25 children are killed; most of these injuries due to running out into the street to fetch a ball or some other little toy.

Mr. Mason stated that Town has to be careful here. He stated that if the Council is going to consider land acquisition, consider public safety, a transportation study, reversing the flow of traffic and putting in a four way stop. Mr. Mason stated, on the other hand he's a property owner who is right next door. He stated he was not personally notified. He stated that he does not think the survey was done right but Mr. Bustamante had the right purpose because he is trying to provide for the community a safe place for children to play.

Mr. Mason stated, unfortunately, this parcel is not the place. He stated if a 50' foot safety zone was installed each way the park will probably be a 5x5 box. Mr. Mason stated the Council should make sure there is a SWYPPP plan and a storm water a pollution prevention plan to make sure the water roll off goes down and not to his or his neighbor's house.

Mr. Mason stated that he does not want the park and the reason is not because it will be next to his home, but in the big picture, "the blood is on our hands if --- for the first kid that's going to get hit on that corner." He stated a corner lot is not where you put a park.

Mr. Mason stated that he stopped vehicle traffic two times during the last year coming out of Dyer heading in an eastbound direction flying by. He stated he had to jump in front of a car to stop it. Mr. Mason stated he's not a traffic expert but he's talking 40 miles per hour plus. Mr. Mason stated he hopes the same folks that are still coming out and taking that direction will consider for five seconds to stop. Mr. Mason reiterated it is the wrong piece of land.

George Lamfalusi, 9535 Genevieve Drive
Mr. Lamfalusi stated he lives approximately three houses north of the proposed park. He stated he has concerns. He stated he was surprised how the proposal for the park came about. He stated that the Town does have a Park Department.

Mr. Lamfalusi stated he was also surprised that the Town must consider people's feelings towards other zoning variances, which he opined the proposed park could be considered one of those. He stated that if an individual wants to put a basketball court in their back yard they have to go to the BZA and apply for a variance and then go before the Town Council for approval.

Mr. Lamfalusi stated one of the requirements for this type of proceeding (variance) is that the immediate neighbors are notified and their opinions heard. He stated in the case of the park, the most important opinion is that of the people who live adjacent to it, a couple of lots either way or right across the street. He stated he would like to think that the Town officially would have sent mailings to these residents as well as what Mr. Bustamante did by surveying the subdivision to ascertain whether or not the residents think the park would be a good idea.

Mr. Lamfalusi stated maybe Mr. Bustamante could answer his question about the 114 "yes" responses that were received versus the 35 "no" responses if the survey did include those people that did not respond to the letter. He noted the survey stated that a non-response would be considered a "yes" vote. He stated it may be expedient to assume that, but not necessarily, if some residents did not receive the survey or don't understand what this is all about.

Mr. Lamfalusi stated it would have been better if the process implemented would have been something the Town would normally do when they are trying to survey neighbors as to how they feel about some other zoning variance. He stated that the proposed park is certainly a big thing.

Mr. Lamfalusi opined that he does not think that the proposed park will affect the value of his home or property, but he believes it will certainly impact those people who live close by. He stated there was no park designated for Bramblewood subdivision. Mr. Lamfalusi stated he understands that the funds for this park are not coming out of the Town budget, but that there are impact fees. He stated he does not understand how the money for the parks was designated to begin with. He asked if funds were set aside to be used strictly for parks or is it the Town's pleasure to use the funds however they see fit. He stated there is a lot of impact besides parks.

Mr. Lamfalusi stated his concern is especially for those people who live adjacent to the proposed park. He asked what their feelings and their opinions were. He stated, in his opinion, these individuals who live adjacent to the park would count more than an individual that lives at some distance because they have a vested interest not only from the value of their homes, but the potential down side to having a park near their residences, more noise, more people around, more cars parked on the street.

Mr. Lamfalusi stated that another gentleman alluded to the fact that Bramblewood subdivision is right down the street from the Enclave subdivision, which is unincorporated. He stated there are more homes in the Enclave subdivision than there are in Bramblewood subdivision. He stated, obviously, being a public park, nobody will be checking to see whether St. John residents are using the park. He stated there is a potential for a lot of people coming to the park from out of St. John.

Mr. Lamfalusi stated that the Town is already into the park as they are already seeking appraisals on the property. He stated that he understands that this parcel was bought about three years ago from one of the original developers who had intended to build there. He stated that he does not feel Bramblewood subdivision and especially the people who will be most impacted by the park have had a real chance to know exactly how all of the aspects of the proposed park will affect them.

Mr. Lamfalusi stated a plan for the park has not been presented. He stated that the type of equipment to be installed in the park has not been disclosed. He stated that the size of the park, sidewalks, additional lighting, benches, shelters, structures, how many people are going to use the park, is it going to be a gathering place for young teens on their bicycles to gather in the evening are all things that must be considered. He stated it could be a potential problem where people might say they don't want that kind of a situation to possibly exist right across the street from them where they feel like they will have to be calling the cops. He stated there will have to be a trash container for the litter that will be left behind. He stated people don't always place their refuse in the containers.

Mr. Lamfalusi opined that a lot more preliminary work needs to be done. He stated a lot of the questions that have been asked in some of the letters that the Council has received along with the complaints received must be addressed before residents can honestly say they want the park or they don't want the park.

Mr. Lamfalusi stated his emphasis is that the Council should focus on the people who live in the vicinity of the park because they have the most to lose if some of the potential negative things become a reality at the proposed park. Mr. Lamfalusi stated if this parcel had been designated a park area to begin with how many of the residents that currently live there would have bought a lot and had their home built across from the park. He stated he thinks a lot more people would say they don't want to live next door to a park. Mr. Mason stated that the Council should get a good idea of the exact feelings from the people who live nearby, and provide information to all of the residents of Bramblewood on all of the particulars of the park.

Mr. Mason asked the Council to provide more facts and information on the proposed park and do a very good and appropriate survey of the people that live in the vicinity of the park in order for everyone to make a better informed decision.

Theresa Bustamante
Mrs. Bustamante stated she was here to speak as a Bramblewood resident. She stated that she sympathizes with a lot of the concerns that her fellow neighbors have regarding the park. She stated she has given it much thought as a resident. She stated she has a 17 year old daughter that she is getting ready to send off to college. She stated she will have no use for the park, but if you ride around Bramblewood, it's a family neighborhood with family homes. She stated it will not be a second generation neighborhood because of the size of the homes within the subdivision.

Mrs. Bustamante stated one of the complaints is the lot location. She stated she did not really give it much thought but in thinking about the parks in Schilton Hills across the street, these are parks in hidden paths. She stated there are really not many complaints about kids hanging around doing bad things. She stated that the fact that the lot is on a corner in an open space gives the residents of Bramblewood more visibility. She stated it will not be a place where people can come and hang out at nighttime because it's going to be visible.

Mrs. Bustamante stated she hopes in her heart that the people who are against the park now will look at all of the information carefully once all the plans are put together, when the information about the equipment is presented and all of the questions that are being brought up now are answered. She stated St. John has been ranked as the best city [sic] in Indiana to live in. She stated she lives in a community where there are so many different opinions about adding a park. She stated there are many young children in Bramblewood. Mrs. Bustamante stated it is not going to be a big park. Mrs. Bustamante requested that all of the residents review the information and look beyond the years they have to own their homes and look to the next generation that will come into the neighborhood.

Mrs. Bustamante stated that she would now like to speak as Theresa Bustamante, Larry's wife. She stated when Larry decided to run for the position on the Town Council she never thought it would be this difficult. She stated that there are just no words for the hate mail that has come into their mailbox. She stated she refuses to think that the hate mail was really written by one of their neighbors. She stated that people have a lot to say, but yet they fail to identify themselves by putting their signature on that piece of paper.

Mrs. Bustamante stated it is not fair and it's not right. She stated that everyone is a public servant. She opined that anybody in any community where they live, just as neighbors in the community as it exists, can go knock on someone's door if there's a problem and identify themselves and their place of residence and share their concerns. She stated through these applications, this is the first that she has heard about all of the traffic problems between the Enclave and Bramblewood.

Mrs. Bustamante stated she has one question for Chief Frego, how many reports have been turned into the police department. Chief Frego stated, off the top of his head, he cannot recall any for the subdivision. Mrs. Bustamante stated she does not want residents to go jump in front of cars. She stated "Let's take care of our community. You see something happening that shouldn't be happening, call the nonemergency number." She stated she just wanted to share her thoughts. She stated that the few residents that she hears from Bramblewood she wanted them to know about the hate mail in her mailbox. She stated "We're there. If there's concerns, if there's questions, Larry's got his phone number, e-mail. Larry will talk to anybody whenever. Any problem, call him."

Jeanne Nowacki, 14150 West 94th Avenue
Ms. Nowacki stated she strongly opposes the park and she does not live near the park nor adjacent to it. She stated she has small children who would be candidates to use the park but she would not want them to use the park. She stated safety issues are a big concern for everyone.

Ms. Nowacki stated that the lots are fairly sized in Bramblewood. She stated most people with little kids have play sets in their yards. She stated everyone likes to keep an eye on their kids because it is a family community just as Mrs. Bustamante said.

Ms. Nowacki stated that the kids play in the street because she thought she bought into a neighborhood like the ones she grew up in, where the kids were in front playing on the front lawn with their friends. She stated she did not like the idea of all of the extra traffic going through the neighborhood. She also cited problems lately with "creepers" (sightings of people in cars just going through the neighborhoods looking for kids).

Ms. Nowacki stated she would not feel comfortable sending her kids out at dusk to play at a park that will likely not just be holding their children but also holding adjacent neighborhood children and the traffic on the street. She asked about the lighting at the park, if it would be lit. She asked "Why Bramblewood?" How did the park land on Bramblewood versus any of the other new subdivisions.

Mr. Bustamante stated it is not just Bramblewood. He stated that the west side of Town will have two parks and there are projects going in Lake Hills and the Gates of St. John. He stated it is the subdivisions that have a lot of kids that are asking for parks. He stated that is the only reason that it has come up. He stated when you are approached by a lot of families that are asking for a park the Park Board looks into it.

Ms. Nowacki stated that she strongly agrees with Mr. Buckowinski and Mr. Lamfalusi. She stated that with it being spring break there were a lot of families that were not able to attend the meeting that mirror her opinion. She stated that there are more residents that are opposed to the park than what the Council sees at the meeting tonight.

Ms. Nowacki asked how residents could still stay informed about the progress of the park. Mr. Kil stated that it will take him at least a month to get the appraisals, depending on how busy the appraisers are. Mr. Forbes stated that the agendas are posted well in advance of the meetings. He stated that anybody who comes in and drops their water bills off they can see the posted agenda. Mr. Kil stated that the soonest he sees this issue coming up would probably be on the fourth Thursday in April.

Ms. Nowacki asked the Council at this point if the proposed park was "Pretty much a done deal as you sit here today. It's been decided and it's going forward?" She stated that the survey was only done one week ago. She stated she feels like the survey was just something to throw out there to keep the residents from becoming too angry. She stated that the mailers with the non-response equals a "yes" is not fair and feels a "little shady." She stated that without being able to prove, by certified mail, that people even received the mailers it's not fair to count the non-response as a "yes."

Ms. Nowacki stated she hopes the Council strongly reconsider the proposed park in Bramblewood because there are a lot of people in the neighborhood who are very unhappy, not just on the fence about it, but strongly opposed to the park.

Amy Mueller, 9500 Genevieve Drive
Ms. Mueller stated she is against the park. She stated she had a couple of questions. She stated that the land that was being talked about "is owned by parents of somebody else that lives in Bramblewood." She stated as far as she knew they intend on building. She stated they said "if the people agreed and wanted a park they would consider , if the price was right --- selling." She stated it was their plan that their grandchildren were going to live six or seven houses down. She stated that is something for the Council to consider while they are considering this parcel. She stated it is not just anybody living there but somebody that had family in the subdivision also. She stated she was not sure if anybody realized this.

Ms. Mueller stated that two families in Bramblewood put their playgrounds together back to back and everybody called it "the playground." She stated most residents in the subdivision have ample room and most residents have play sets in their backyards. She stated it does not seem like the park is necessary.

Ms. Mueller stated if you look at the 35 "no" responses she thinks the Council will find that the 35 "no" responses are from residents that are right on Genevieve who will be most affected. She stated that she is sure that the residents on Julia and the other roads in Bramblewood probably did not pay attention to the park because for them it is not a big issue. She asked how many physical pieces of paper were received that said "yes" and how many were just counted as a "yes." She stated there should be a more accurate way to ascertain who really wants the park. She stated that the Council should look at the people who said no and at their addresses. She stated she included her address to ensure that they knew where she lived and that she did not want the park. She stated she does not want people coming in from the other subdivision and a lot of traffic. She stated where Mr. Bustamante is located they just don't see the traffic as much while her kids are out there and playing in this area.

Mr. Bustamante asked if anyone called the police. Ms. Mueller stated no one called the police. She stated there has been talk about speed bumps being installed on Calumet. She stated various things have been discussed to try and get people to slow down. She stated that it's not something that's never been discussed. She stated there are people that use the roads as throughways and they go through the road fast.

Ms. Mueller stated that the people that live in the middle of the subdivision are the people that are going to be affected most by the park. She stated that these residents were not talked to or approached first. She referred to Mr. Lamfalusi's statements about when half of the subdivision sat through a meeting so their neighbor could have a basketball hoop in his back yard, and then to have the proposed park come up and not have anyone be notified "blows her mind." She stated now the park is going to come through and nobody even knocked on anybody's door to ask them how they felt about having a park across the street from their homes. Ms. Mueller stated she does not think it is fair how the park was brought about.

Michelle Wondaal, 9680 Genevieve Drive
Ms. Wondaal stated that she would love to have a park located on the corner. She stated she has four boys. She stated her youngest son is six and they spent some time at the park on 93rd Avenue today. She stated that she thinks it would be great to have a park in the neighborhood. Ms. Wondaal stated she did not mail her letter back in because she just assumed then that she would be a "yes" vote.

April Grober, 9735 Julia Drive
Ms. Grober stated she did send her vote in and she does approve of the proposed park she stated her children are grown adults still living at home but she also has her grandchildren living with her. She stated she has a swing set in her yard but the grandchildren considerate a special treat to ride their little bikes and go to the park.

Ms. Grober acknowledged that Bramblewood does have bigger lots and the kids can go out in the street, but this is a concern to her because she has come in late at night when there are older kids on the street and you can't always see them. She stated, for this reason, the park is a good place for the kids to go where they are not on the street. Ms. Grober stated she thinks it would be great to have a park and she did send her survey response in as a "yes."

Mr. Forbes called for further public comment. There was no further public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

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

(The meeting was adjourned at 7:59 p.m.)

A TRUE COPY

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

04-25-2013 Town Council

April 25, 2013 Town Council Meeting Minutes

Michael Forbes, President Mark Barenie Attorney David Austgen
Larry Bustamante,Vice-President Ken Gembala Sherry Sury, Clerk-Treasurer
Gregory Volk   Steve Kil, Town Manager

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for April 25, 2013, at 7:09 p.m.

Mr. Forbes announced that the Council would observe a moment of silence following the recitation of the Pledge of Allegiance to honor those who died in the bombing at the Boston Marathon, and also to salute and recognize those individuals who heroically stepped up and protected the individuals who were injured in the blasts, and the individuals who protected the City of Boston.

(The Pledge of Allegiance was recited.)

(A moment of silence was observed.)

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Larry Bustamante, Ken Gembala and Gregory Volk. Mark Barenie was absent. Staff members: Steve Kil. Attorney Austgen was present. Chief Frego was present. Chief Willman was present. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was present.

ARBOR DAY PROCLMATION:

Mr. Forbes stated that the first thing on the agenda was the Arbor Day Proclamation. Mr. Forbes read the Proclamation into the record as follows:

Celebrate Arbor Day.

"Whereas celebrated on April 10, 1872, with the planting of over one million trees Arbor Day activities include the planting of trees and education of those unfamiliar of the significance of trees in our daily lives and their necessity for our future survival.

And whereas trees continue to be for our landscape and environment not only because of their value through aesthetic beauty, but that trees reduce precious topsoil erosion by wind and water, cut heating and cooling costs by moderating the temperature, cleaning the air we breathe by providing life-giving oxygen and provide natural habitats for wildlife.

And whereas the founder of Arbor Day, J. Sterling Morton, stated, ‘Each generation takes the earth as trustees wherein we are obligated to maintain and leave the earth as we found it, protecting human and animal health.'

And whereas Arbor Day is now observed throughout the nation and the world the Town of St. John encourages to provide direction to improve the health of the urban forest, enhancing the enjoyment, promoting the education of the importance of urban forests, enforcing, creating and maintaining the relationship regarding the use and enjoyment throughout our country.

And now, therefore, I, Michael S. Forbes, do hereby recognize and proclaim April 26th, 2013, as Arbor Day in St. John, Indiana, and urge all of our citizens to support efforts to protect our trees and woodlands and further urge citizens to plant trees to gladden the heart and promote well-being of this and future generations."

Mr. Forbes stated that he would entertain a motion authorizing the signing of the Arbor Day Proclamation. Mr. Bustamante made a motion to authorize signature to the Arbor Day Proclamation. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0).

Mr. Volk noted that Mr. Chip Sobek, Park Superintendent, is working with Tree City representatives. Mr. Kil explained that the Town is currently taking the necessary steps to become a Certified Tree City. Mr. Kil stated that the Arbor Day Proclamation was one of the steps required of the Town in order to become a Certified Tree City. Mr. Kil stated that Mr. Sobek and the Park Department are taking the lead on this project in order to be formally declared a Certified Tree City.

APPROVAL OF MINUTES: March 28, 2013, Executive Session; March 28, 2013, Regular Session.

Mr. Forbes stated he would entertain a motion on the March 28, 2013, Executive Session and the March 28, 2013, regular session. Mr. Forbes stated for the record, the meeting minutes being considered by the Council are the minutes provided by the Council's Recording Secretary, Susan E. Wright. He asked if there were any questions on the meeting minutes. There were no questions or comments.

Mr. Forbes stated he would entertain a motion on the minutes. Mr. Bustamante made a motion to approve the March 28, 2013, Executive Session, and the March 28, 2013, regular session, as posted. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0).

NEW BUSINESS:

A. AUTHORIZATION TO PROCEED WITH THE SIDEWALK CONSTRUCTION ON WEST 85TH AVENUE ACROSS THE NORFOLK-SOUTHERN RAILROAD CROSSING

Mr. Forbes stated that the Board would consider authorization to proceed with the sidewalk construction on West 85th Avenue across the Norfolk-Southern Railroad crossing. He stated that this issue has been ongoing for quite some time. Mr. Forbes stated that the Town has finally received some solid communication from the railroad.

Mr. Forbes stated that the construction of a sidewalk across a railroad track is a complex project. He stated the project requires a contractor with knowledge of this type of construction. He stated that train timing, communicating with the train and easement approval from the railroad are just some of the issues that must be coordinated in order to complete this project.

Mr. Forbes stated that the Town was waiting for the railroad to recommend a contractor. Mr. Forbes stated that the Council has received documents reflecting the costs of this sidewalk construction. He stated that the construction costs are a bit more than what was anticipated. Mr. Forbes explained that the Town has to enter into an agreement for the easement across the railroad tracks and this is where a bulk of the costs come in. He stated that the peculiarities of the sidewalk construction across the Norfolk-Southern also have added to the costs.

Mr. Forbes informed the Council that he talked to the two residents who would be affected by the proposed sidewalk as this sidewalk crossing will be located right behind their dwellings. Mr. Forbes stated that both homeowners are ecstatic that the sidewalk crossing is finally going in.

(General discussion ensued.)

Attorney Austgen stated in addition to the authorization that is referenced on the New Business agenda, and if this item is approved, the Council should solicit a motion to accept any land conveyance(s) for the easement or right of way that is needed to construct the sidewalk.

Mr. Forbes stated that this was part of his discussion with the homeowners and there were no issues with any land conveyance that may be required. Mr. Forbes asked the Council if there was an authorization to proceed on this project.

Mr. Bustamante made a motion to grant authorization to proceed with the sidewalk construction on West 85th Avenue, across the Norfolk-Southern Railroad crossing. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0).

Mr. Forbes stated he would entertain a motion to authorize acceptance of a land conveyance for any right of way that may be required from the homeowners on this project. Attorney Austgen stated that it would be a right of way and it has been drafted in the form of a Quit Claim deed. Mr. Bustamante made a motion to authorize acceptance of any land conveyance that may be required for the proposed sidewalk crossing over the Norfolk-Southern railroad. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0).

B. AUTHORIZATION TO PROCEED WITH THE REFUNDING OF THE 2005 AND 2006 BUILDING CORPORATION BONDS AND PARK BOND.

Mr. Forbes stated the next item for the Council's consideration was authorization to proceed with the refunding of the 2005 and 2006 building corporation bonds and a park bond. Mr. Forbes stated it was brought to the Council's attention that an opportunity exists for the Town to refund/refinance the building corporation bonds and park bond.

Mr. Forbes asked Mr. Kil to elaborate. Mr. Kil explained that the Town has outstanding building corporation bonds that were used to construct the police station, fire station, town hall and public works, et-cetera. Mr. Kil stated that the Town has an outstanding debt of over seven million dollars.

Mr. Kil stated that the Town presently has the ability to refund the bonds, reissue them and realize an estimated savings of $939,000. He stated that it would be a very good move for the Town to proceed with the bond refunding because of the significant dollar savings that would be realized. Mr. Kil stated that he has been working with Todd Krzyskowski, managing director of Mesirow Financial, on the bond refunding matter. Mr. Kil stated that he has worked with Mr. Krzyskowski before on several bond issuances.

Mr. Kil stated that the team working on the bond refunding would be Attorney Dave Austgen, local counsel; Todd Krzyskowski, Mesirow Financial; Mr. Karl Cender, Cender & Company; and Attorney Philip Faccenda, Barnes & Thornburg, bond counsel.

Mr. Kil stated that the Town will probably not proceed with the park bond because it has been determined that the bond is too small to realize any significant savings. Mr. Kil stated that Mr. Cender is recommending that the Town proceed with the refunding of the 2005 and 2006 building corporation bonds.

(General discussion ensued.)

Mr. Kil stated that he, too, would highly recommend that the Town proceed with the 2005 and 2006 building corporation bond refunding. He requested the Council's authorization to proceed with the refunding process. He stated Attorney Faccenda is in the process of preparing a schedule. The council members concurred that it would be a significant savings.

Mr. Forbes stated he would entertain a motion to authorize proceeding with the refunding of the 2005 and 2006 building corporation bonds. "So moved," by Mr. Gembala. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0).

C. REVIEW APPRAISALS FOR BRAMBLEWOOD PARK

Mr. Forbes stated that the Council would review the appraisals for Bramblewood Park. He asked Mr. Bustamante to elaborate on this matter. Mr. Bustamante deferred the matter to Attorney Austgen.

Attorney Austgen informed the Council that a recommendation has been made that the Council take these matters under advisement. He stated that appraisal information has been received in the last day or so, but he and Mr. Kil have not been able to discuss the information that was received. For this reason, there is no recommendation at the present time. Attorney Austgen asked the Council to defer this matter to the next public meeting.

Mr. Forbes asked the Council if there was any discussion. Hearing no discussion, Mr. Forbes stated that he would entertain a motion to defer this matter to the next meeting. "So moved," by Mr. Bustamante. Mr. Forbes asked for a second on the motion. The motion failed due to no second.

Mr. Forbes asked the Council how they wanted to proceed. Mr. Volk noted that there were two appraisals, and an offer was made somewhere in the middle of the two appraisals. Attorney Austgen noted that no offer has been made.

Mr. Kil stated that two appraisals were obtained. He stated that the average value of the two appraisals is $69,250.00. Mr. Kil stated he verbally spoke with the property owner, and advised him what the average value of the parcel was.

(General discussion ensued)

Mr. Kil stated that a verbal acceptance was made by the owner pending formal action by the Town. Mr. Kil emphasized that all of the conversations he had with the property owner were verbal discussions.

Mr. Volk stated he was confused as to why the matter was being deferred. Attorney Austgen reiterated that he just recently received information on the property and has not been able to discuss the matter with Mr. Kil. Attorney Austgen noted that the law in the State of Indiana is very clear in that purchasing the real estate has to be done in writing.

(General discussion ensued.)

Attorney Austgen stated that the recommendation to defer this matter was made solely to give the Council time to assess this matter. He stated as the policy makers, if the Council wished to take action on this matter tonight they can do so.

Mr. Forbes asked the Council for direction. Mr. Bustamante made a motion to accept the $69,250 towards Bramblewood Park. Mr. Forbes stated that Mr. Bustamante made a motion to accept the median value of the appraisals for the property, to make the offer official and in writing. Mr. Forbes asked for a second to the motion.

Mr. Volk asked if there was additional information on how many individuals were in favor of the park. He noted at the last meeting there were quite a few people opposed to the proposed park. Mr. Bustmante informed the Council there were 114 "yes" votes and 35 "no" votes.

An unidentified gentleman from the audience suggested they have a discussion before the Council discuss this matter. Mr. Forbes informed the gentleman that the Council was discussing the matter and the floor was not open at the present time for public comment.

(General discussion ensued.)

Mr. Volk stated when Bramblewood Park was first proposed he supported it one hundred percent (100%); he stated that hearing all of the individuals who were opposed to the proposed park has given him pause. He stated he would not be in favor of pushing a park on a development if its residents don't want it. Mr. Volk stated he would like to be clear on how many individuals want the park and those who are opposed to the park. He noted there will always be someone who will oppose the proposed park.

Mr. Bustamante stated that, per his survey, the majority of the people were in favor of the proposed park. Mr. Forbes again admonished the gentleman in the audience for speaking out of turn. Mr. Forbes stated that floor was not open for public comment at the present time.

Mr. Gembala stated that the Council may need time to see if they are getting the best deal for the area that is being considered. He stated that he is not sure, in his mind, that this is the best location. Mr. Gembala stated he would like the Park Board to make a recommendation to the Council about the proposed park.

Mr. Forbes informed the Council that he received a call from a member of the Park Board on this date and he was informed that all of the members of the Park Board are not in favor of the proposed park, nor any other park at this time. Mr. Gembala noted this was not considered an official action.

Mr. Volk asked if the matter should be sent back before the Park Board for official action. Mr. Bustmante stated he should rescind his motion; he stated, "Just drop it." Mr. Forbes stated there was no second to Mr. Bustamante's motion. Mr. Bustamante reiterated that the matter should just be dropped.

(General discussion ensued.)

Mr. Gembala stated that he would feel more comfortable if the Park Board made some formal comment on the proposed park and how it fits into their overall plan. He added that the appraisal should be reviewed and whether or not the parcel in question is the best location for the proposed park. Mr. Gembala stated he would like clarification as to whether or not the individuals opposed to the park were immediately affected by its location; he stated he does not have any direct information on this issue. He stated he would like to see more research done on the location of the park before he makes a decision.

Mr. Gembala stated he would put this in the form of a motion; he asked that the Bramblewood Park matter be deferred to the Park Board, and also give the Council time to review the appraisals. Mr. Bustmante stated that the matter should just be dropped.

Mr. Forbes asked Mr. Bustamante to elaborate on his comments. Mr. Bustamante stated that the Council should take the proposed Bramblewood Park out of the picture completely.

(General discussion ensued.)

Attorney Austgen noted that the Board had a motion pending. Mr. Forbes stated that there was a motion by Mr. Gembala to defer the matter to the Park Board for review. Mr. Gembala added that time for the Council to review the appraisals to ascertain whether the money being invested is proper for the size of the parcel. Mr. Forbes stated he was a little confused by the second part of Mr. Gembala's motion.

(General discussion ensued.)

Mr. Forbes stated that pursuant to the phone call he received earlier in the day the Park Board has had discussions for the past two months about the park. He reiterated that the Park Board was not in favor of the proposed park at Bramblewood or any other park. He stated that the Park Board is concerned about money constraints. Mr. Forbes stated the Park Board is concerned with repairing and upgrading existing equipment, and they are also dealing with issues such as repairs to pavilions and other matters.

(General discussion ensued.)

Mr. Bustamante stated that pursuing Bramblewood Park should be dropped. Mr. Forbes noted there would be no second to Mr. Gembala's motion.

Mr. Forbes asked if there was a motion to discontinue the pursuit for the Bramblewood Park. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0).

D. CONSIDER VARIANCE OF USE REQUEST FROM JDE, LLC. FOR OUTDOOR SALES AT 9759 WICKER AVENUE (FAVORABLE RECOMMENDATION FROM THE BOARD OF ZONING APPEALS).

Mr. Forbes stated that the Council would next consider a variance of use request from JDE, LLC. (Eenigenburg Aqua Systems, Incorporated) for outdoor sales at 9759 Wicker Avenue. He noted that the Board of Zoning Appeals had forwarded a favorable recommendation to the Town Council.

Mr. Forbes stated that this variance of use would be at the new Eenigenburg water site, which will be located directly north of the existing Eenigenburg Water, which is also a future site of McDonalds.

(General discussion ensued.)

Mr. Gembala informed the Board that he and Mr. Bustamante attended the Board of Zoning Appeals meeting of April 22, 2013, as spectators. He stated that there were lengthy discussions. Mr. Gembala stated that Attorney Austgen ensured that everything would be detailed in writing. Mr. Bustamante noted that the signs and other things were considerably downsized.

Attorney Austgen noted for the record, that written commitments, pursuant to the applicable Indiana Code provisions are required. He stated that the written commitments will reflect the conditions, as set forth by the Board of Zoning Appeals, that the property owner must adhere to in the conduct of his business. He stated that the Board of Zoning Appeals directed that the property owner submit the written commitments in a recordable form.

Attorney Austgen stated that he has cited the applicable law a couple of times in the meetings, provided the same to Mr. Kil and sent a letter to Mr. Nick Georgiou. (who was present tonight). Attorney Austgen stated that the letter as submitted by the property owner is insufficient. He stated he would not approve the letter as the letter is not a recordable instrument and does not meet the statutory requirements. He recommended that the written commitments be included in any action that the Council takes

(General discussion ensued.)

Mr. Forbes asked the Council if they had any questions. Attorney Austgen recommended that the Council, with any approval, should include a contingency that all of the conditions imposed by the Board of Zoning Appeals must be submitted in the form of a written, contractual commitment(s), in conformance with Indiana Code 36-7-4-1015 and related applicable law regarding the variance of use; he further stated that the Town Council and the Town Manager's office should be provided with a copy of the same.

Mr. Forbes asked Mr. Georgiou if he understood that the written commitments in recordable form must be submitted. Mr. Georgiou acknowledged that he understood this requirement.

Mr. Forbes stated that he would entertain a motion approving the variance of use from the Board of Zoning Appeals, incorporating the finding of facts and contingencies therein, and including the requirement of written commitments from the property owner, in recordable form, pursuant to the applicable Indiana Code as set forth by Attorney Austgen. "So moved," by Mr. Gembala. The motion was seconded by Mr. Volk. The motion was carried by voice vote (4/0).

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:

Mr. Forbes moved on to Reports and Correspondence. Mr. Gembala stated that a great job was done with the snowplowing this year. He stated that the emergency route was kept open. Mr. Gembala noted that some kind of program should be started for street repairs, especially in the older sections of Town. He stated that the Council needs to look at this before some of the streets are past the point of repair.

Mr. Kil stated that Mr. Volk had requested that a street inventory be compiled. He stated this inventory is nearly done. Mr. Kil stated as soon as the report is completed it will be submitted to the Council so they could review everything they would like to do, project a cost to it, and he will get a report back to the Board.

(General discussion ensued.)

Mr. Volk asked Ms. Sury to place a notation on the water bills related to not putting garbage out until 6:00 p.m. He stated this information was contained on the water bills last year and it seemed to help. Ms. Sury stated this information will be put on the bills as often as she can and when there is room.

Mr. Bustamante had nothing to report.

Mr. Forbes noted that the Town's drainage project is being designed for 93rd Avenue. Mr. Kil stated that locates and survey crews are working on this project. Mr. Forbes stated that he and Mr. Kil have talked to the neighbors about the project and they have no issue with the Town being on their property in order to straighten and clean the ditch out. Mr. Forbes stated he personally cannot wait until this problem is fixed.

Mr. Forbes noted that Mr. Gembala brought up street repair. Mr. Forbes asked Mr. Kil to direct Bob Davis to go out to inspect Fairway and Muirfield streets. He stated that approximately midway down the street on the west side there is a car length section of road that has sunk at least four to six inches. Mr. Forbes stated this repair would have to be addressed pretty quickly.

CLERK-TREASURER:
Ms. Sury had nothing to report.
ATTORNEY'S REPORT:
Attorney Austgen had nothing to report.
STAFF:
Mr. Kil reminded all of the residents of the Town-wide garage sale coming up on May 2nd through May 5th. Mr. Kil stated that he has been telling residents to get together and make a sign for entire subdivisions. For example "Bramblewood Subdivision sale, 50 homes." He stated that this is the most convenient and effective way to advertise.

Mr. Kil stated that opening day for the Farmer's Market is May 5th. He stated that the Farmer's Market runs through the last Sunday in October.

Mr. Kil informed the Council that 2012 was a great year for the Town in new construction. He stated as of today's date (April 25, 2013) the Town has issued permits for 41 single family homes and six duplex permits. He stated so far this year there have been no commercial permits issued. Mr. Kil stated that two commercial permits will be issued as soon as McDonalds and Eenigenburg Water come in. Mr. Kil stated last year at this time, a total of 32 permits had been issued versus the 41 permits issued at this time in 2013. Mr. Kil opined that this may be a sign of an improving economy.

Chief Willman delivered the March, 2013, monthly activity report from the Fire Department.

Chief Frego delivered the monthly activity report from the dates of March 1 through 31, 2013, from the Police Department. Chief Frego announced that the Police Department has hired a veteran to fill the position of Student Resource Officer (SRO). This SRO will be placed in the Lake Central High School, in cooperation with Tri-Town and the Lake Central School Board. Chief Frego stated that the SRO will be in place for the 2013-2014 school year. Chief Frego stated that the officer's name will be announced in a formal setting.

(General discussion ensued.)

There was discussion about the status of the Interlocal Agreement.

PAYMENT OF BILLS:

Mr. Forbes noted that following bills were listed, APVs 7531 through 7696 in the amount of $1,030,472.25. Mr. Forbes requested that before a motion is made that Docket Number 7692, consisting of four sections, be removed from the docket for review. Mr. Forbes asked for a motion to authorize removal of Docket Number 7692 for review. "So moved," by Mr. Bustamante.

Mr. Gembala requested the motion be revised to pay the bills since they have already been committed. Mr. Forbes stated they have not been committed. Mr. Forbes stated the docket is being moved in order to review the bills. Mr. Forbes asked if there was a second to the motion. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0).

PUBLIC COMMENT:

Mr. Forbes asked if there was any public comment for the Town Council.

John Rainwater, 8737 North Oakwood Drive
Mr. Rainwater stated he talked with one of NIPSCO's engineers a couple of weeks ago and was told that NIPSCO had purchased land on US Route 41 within sight of Lake Central High School to build a substation that will service downtown St. John. He asked the Council if knew anything about this. Mr. Forbes stated he had not heard anything. Mr. Rainwater stated that the NIPSCO engineer told him if he wanted power all of the time he should get himself a stand-by generator.

Mr. Rainwater asked the Council if they could communicate with NIPSCO like they did with the railroad to see what their intentions are. He stated that NIPSCO is franchised to provide the residents of St. John with safe and reliable power for their homes. Mr. Kil stated that he would contact the NIPSCO representatives in the morning.

Mr. Rainwater stated he has talked to different NIPSCO representatives. He mentioned Chuck Terman, who lives by 77th Avenue and St. John Road. He stated Mr. Terman works for NIPSCO. Mr. Rainwater stated he was told that the pole inspection had been done down Patterson. He stated the NIPSCO equipment on Patterson has been out there for "a hundred years." Mr. Kil stated his understanding is that NIPSCO agrees that the lines need to be done down Patterson; he stated he has never heard anything to the contrary. Mr. Kil stated he would follow up on this matter with his NIPSCO contacts.

(General discussion ensued.)

Mr. Rainwater asked if there was a way to nail NIPSCO down. He outlined an alternate power feed that NIPSCO could switch his neighborhood to, which has newer equipment and would be more reliable. He stated NIPSCO needed to put in a substation. Mr. Kil noted that NIPSCO adheres to their own construction schedule. Mr. Rainwater noted he was without power for two days last August.

Mr. Forbes stated that obviously the Lake Central improvements have helped Mr. Rainwater's neighborhood. Mr. Rainwater stated that the Lake Central High School improvement did not help him a bit. Mr. Forbes stated that they have not forgotten about Mr. Rainwater. Mr. Forbes stated that phone calls would be made and the discussion would continue with NIPSCO about improvements.

Mr. Rainwater asked if he needed permission to take a petition and go up and down Patterson and US Route 41 to solicit signatures to turn in to NIPSCO. Mr. Forbes told Mr. Rainwater he could do what he wanted to do, but he noted that the Town has a good relationship with NIPSCO and they wish to keep it that way. Mr. Forbes stated there should be some improvements coming to Town from NIPSCO pretty quickly.

Mr. Forbes stated that they will keep the lines of communication open with NIPSCO. Mr. Rainwater asked to be kept informed.

Mr. Rainwater had comments to make on garbage pick-up. He stated that the residents in his subdivision cannot figure out garbage can and garbage can lid, especially on windy days. He stated that residents put their garbage out and it's hanging out of the can. He stated garbage then goes blowing.

Mr. Rainwater asked if the trash contractor could provide 50-gallon receptacles with a lid attached. Mr. Kil stated that he is working with the waste hauler on supplying brand new, large garbage cans to the residents. Mr. Kil stated he does not have this issue worked out yet. He stated when the garbage hauling contract is up for renewal, he will negotiate for the new garbage cans. Mr. Kil stated that the final proposal has not been received from Allied Waste yet.

(General discussion ensued.)

Mr. Rainwater stated that "garbage can etiquette" should be sent out to all residents. He stated that some residents leave their garbage cans out in their front yards all week. Mr. Kil advised Mr. Rainwater to call this specific complaint into the Town.

Mr. Rainwater noted that north and south Oakwood Drive are just falling apart. He noted last time these roads were blacktopped was when the Town was receiving government money. He noted that what was replaced is now peeling off. He stated that the Town is going to have to do a lot of street repair this year. Mr. Forbes assured Mr. Rainwater that the Town is doing what they can.

Mr. Rainwater talked about the "aggressive tree trimming" that was supposed to have been done last fall. He stated no trees have been trimmed anywhere that he can see. Mr. Kil noted that tree trimming has certainly been done. Mr. Kil stated that there is a mulch pile from the trees that have been trimmed. Mr. Forbes added that there will be significant tree removal in Town within the next couple of months. Mr. Forbes stated that trees have been removed quite regularly.

Mr. Forbes thanked Mr. Rainwater for his input.

Jeffrey Gunning, P.O. Box 3305, Munster, IN
Mr. Gunning stated he was an attorney practicing out of Munster, Indiana. Attorney Gunning asked that Council to identify or describe the account payable items that were removed from the account payable docket from this evening. Mr. Forbes stated that the Clerk-Treasurer would most certainly provide this information to him after the meeting as it is public record.

Paul Tierry, 8681 Lake Hills Drive
Mr. Tierry asked if the Council could provide him with the rules and regulations of the Town for parking vehicles in park parking lots. He stated he lives across from the parking lot at Lake Hills, near the clubhouse. Mr. Tierry explained an ongoing situation to the Council.

Mr. Tierry stated that for the past six to eight months, there is a gentleman who parks an RV in the park parking lot. He stated that numerous neighbors have complained through the Lake Hills Homeowners Association. He stated that these residents were directed to address their complaints with the Town.

Mr. Tierry stated he has also made numerous attempts to address the issues and track down the Code Enforcement officer, but has been unsuccessful.

Mr. Tierry stated that the owner of the RV is a gentleman who says he is using the RV as his personal vehicle to drive to work. He stated that this vehicle has RV plates on it. Mr. Tierry described the RV as a "1950 Fred Flintstone camper." Mr. Kil stated he believes he's seen the camper before.

Mr. Tierry opined that he does not believe the RV can be legally parked in the park parking lot. He stated if this continues, it is setting a bad example for other people. Mr. Kil stated he does not believe that the Town has any specific ordinance or parking regulation regarding a park parking lot. Mr. Kil stated that there are ordinances that govern the parking of RVs at homes, in driveways and on streets, but there is not necessarily any ordinance on the books regarding parking regulations in a public parking lot such as Lake Hills.

(General discussion ensued.)

Mr. Kil stated he does not have a specific answer for Mr. Tierry at the present time. He asked Mr. Tierry if he would wait for an answer on the RV question. He stated he would have to think about this issue and confer with Attorney Austgen. Attorney Austgen stated that the Council could consider adoption of an ordinance that prohibits overnight parking in public parks.

Mr. Forbes stated that the Code Enforcement officer, Town attorney, and Town Manager will brain storm to figure out a solution to this problem. Mr. Tierry left his contact information.

George Lamfalusi, 9535 Genevieve Drive
Mr. Lamfalusi complimented the Council for the action they took regarding the proposed park in Bramblewood. He stated that at the last meeting the Council was made aware of the number of individuals concerned about the proposed park, how it came about and the impact it might have on the residents of Bramblewood. Mr. Lamfalusi stated that many things played into the whether or not the park was a good idea. He noted that the Council has recognized the wishes of the people who would most be impacted by the proposed park.

Mr. Lamfalusi stated he believes that Mr. Bustamante had nothing but the best of intentions when he started working on the possibility of a park for Bramblewood. He stated he does not think there was any wrongdoing. Mr. Lamfalusi stated that he's glad that the Council was able to recognize the concerns and take the action that they did.

Mr. Lamfalusi had additional comments for the Council. He noted that earlier in the evening the Council was discussing the proposed sidewalk crossing at the railroad crossing on 85th Avenue. Mr. Lamfalusi suggested that the Council specify costs on projects that are being discussed just to give the residents of St. John some idea of what is going on. Mr. Lamfalusi stated he thinks it would be helpful for the audience to hear a little more of the details on some of the projects that are being discussed.

Mr. Forbes stated that he thought he mentioned a dollar amount during his discussion of the sidewalk crossing. Mr. Forbes stated that the approximate costs associated with the sidewalk crossing is $15,787.00, for about 12' of sidewalk. Mr. Forbes explained there is approximately $32,000 is involved in the entire sidewalk construction project.

Mr. Lamfalusi asked what the benefit of the sidewalk crossing would be. Mr. Bustmante stated that it's a children's crossing. Mr. Lamfalusi thanked the Board for their action and for the information that they provided tonight.

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

ADJOURNMENT:

Mr. Forbes asked for a motion to adjourn the meeting. Mr. Volk made a motion to adjourn the meeting. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (4/0).

(The meeting was adjourned at 8:17 p.m.)

A TRUE COPY

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

05-23-2013 Town Council

May 23, 2013 Town Council Meeting Minutes

Michael Forbes, President Mark Barenie Attorney David Austgen
Larry Bustamante,Vice-President Ken Gembala Sherry Sury, Clerk-Treasurer
Gregory Volk   Steve Kil, Town Manager

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for May 23, 2013, at 7:10 p.m.

Mr. Forbes introduced Girl Scout Troop 30457 who performed the flag ceremony and led the Pledge of Allegiance.

(The Pledge of Allegiance was recited.)

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Larry Bustamante, Ken Gembala and Gregory Volk and Mark Barenie. Staff members: Steve Kil. Attorney Austgen was present. Chief Frego was present. Chief Willman was present. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was present.

PROCLAMATION FOR FIBROMYALGIA AWARENESS:

Mr. Forbes read the Proclamation for Fibromyalgia into the record. Mr. Forbes proclaimed May 23, 2013, as Fibromyalgia Awareness Day in St. John, Indiana. He urged all citizens to support the search for a cure and to assist individuals and families who are dealing with this devastating disorder.

Mr. Forbes stated he would entertain a motion to authorize signature of the Proclamation for Fibromyalgia Awareness. "So moved," by Mr. Gembala. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0). Mr. Forbes signed the proclamation.

APPROVAL OF MINUTES: MAY 23, 2013, EXECUTIVE SESSION.

Mr. Forbes stated he would entertain a motion to approve the meeting minutes from the May 23, 2013, Executive Session. Mr. Bustamante made a motion to approve the meeting minutes from the May 23, 2013, Executive Session. Mr. Volk seconded the motion. The motion was carried by voice vote (5/0).

NEW BUSINESS:

A. RESOLUTION NUMBER 1305-23, A RESOLUTION TO TOWN COUNCIL OF THE TOWN OF ST. JOHN, LAKE COUNTY, INDIANA, APPROVING AN AMENDMENT TO LEASE AND TAKING OTHER ACTIONS REGARDING THE ST. JOHN BUILDING CORPORATION FIRST MORTGAGE REFUNDING BOND SERIES 2013 AND ALL MATTERS RELATED THEREIN

Mr. Forbes explained that the matter before the Council for their consideration is the refinancing of some of the Town's bonds. He stated that the Building Corporation met at 5:00 p.m. on this date.

Mr. Kil reiterated that the Building Corporation did meet at 5:00 p.m., and their resolutions were approved. He stated that final action now needs to be taken by the Town Council. Mr. Kil stated that Mr. Carl Cender was in attendance at the Council meeting and he would clarify the bond refinance issues for the Town Council and the audience.

Mr. Carl Cender, financial advisor for the Town of St. John, appeared before the Council; he stated he was proud to appear before the Council and present the opportunity to do a refinancing of the 2005 and 2006 first mortgage bonds issued by the Town's Building Corporation. Mr. Cender explained that the low interest rates that are currently available make the first mortgage bond refinancing a great opportunity. He stated that the refinancing will provide some savings to the Town and its citizens.

Mr. Cender stated that the gross amount of savings, after all costs involved in the refunding are calculated, will be approximately $1,050,000. He stated that the net present value of the savings is approximately $923-$924,000. Mr. Cender stated that the bond refinancing would result in lower lease rental payments and a lower property tax rate. He stated that this opportunity should be taken before interest rates start to climb.

Mr. Kil stated that the Building Corporation bonds are the bonds that were used to build the Police Station, Town Hall and Public Works.

Mr. Forbes asked for any questions or comments. Hearing none, Mr. Forbes stated he would entertain a motion to adopt Resolution Number 1305-23. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Gembala thanked the accountants, attorneys and all the other representatives involved in the refinancing of the bonds for their hard work in saving the Town a great deal of money.

B. PRESENTATION OF BIKE TRAIL MARKER PROJECT BY GIRL SCOUT TROOP NUMBER 30457.

A Girl Scout troop leader introduced the fourth grade, Junior Girl Scout Troop 30457 from Lincoln Elementary School. One of the girl scouts stated that they will earn their Bronze Award for the bike trail marker project. She explained that the Bronze Award is the highest honor a Junior Girl Scout can earn. The scout stated that in order to earn the Bronze Award, the girl scouts must do a project that benefits the community. She stated that the troop decided to install mile markers on the St. John bike trail. She stated that the markers will be in one-quarter (1/4) mile intervals.

Another scout explained that Troop 30457 would remove a 16x16x3 inch piece of sod and place a pre-made concrete slab (mile marker). She stated that the distance will be reflected on the slab, and the slab will be covered with a clear coat of paint. She showed the Council a sample of the proposed mile markers. Mr. Bustamante complimented Troop 30457 for the nice work.

The scout explained that one of the scout's father, who is a surveyor by profession, has volunteered to measure and mark the spot where each marker will be placed. The troop informed the Council that their work will start on Saturday, May 25, and they will continue to work on the mile marker project on Saturdays until the end of June, 2013.

Mr. Forbes commented that he had the opportunity to walk out with the girls from Troop 30457 while they were learning how to survey. He stated that this was a great project. Mr. Forbes stated he would entertain a motion to accept the Bike Trail Mile Marker Project proposed by Girl Scout Troop 30457. "So moved," by Mr. Bustmante. The motion was seconded by Mr. Gembala. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes thanked Girl Scout Troop 30457 for their well-done presentation and told them he looked forward to seeing the mile marker project when it is completed.

(Council and audience applaud.)

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:

Mr. Forbes asked each council member if they had any reports or additional comments. The council members had nothing additional to report.

After Chief Frego's presentation, Mr. Forbes stated he had additional business that he needed to address. Mr. Forbes stated he would entertain a motion to accept the resignation of two police commissioners, Mr. William Dodaro and Mr. Donald Farris. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion to appoint Mr. Frank Shipranda to the Police Commission. "So moved," by Mr. Barenie. Mr. Volk seconded the motion.

Attorney Austgen recommended that Mr. Forbes clarify which Commissioner the new appointee would be replacing and the term of office. Mr. Forbes stated that Mr. Shipranda would replace Mr. Dodaro in his term.

Mr. Forbes reiterated that he would entertain a motion to appoint Mr. Frank Shipranda to the Police Commission to replace Mr. Dodaro. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

Attorney Austgen noted that the two Police Commissioners who resigned had served on the Police Board for many years. He recommended that the Town Council send a note of thanks to the Board members for their years of service. Mr. Forbes concurred. He stated the Council would prepare something for the resigned commissioners.

Mr. Forbes stated in light of the recent tornadoes in Oklahoma and the bad weather that we have been experiencing, he wanted to be apprised of the Town's emergency response plan. He asked when the last collective Town meeting between all departments had been held as far as an emergency reaction plan. Mr. Kil acknowledged that there is an emergency reaction plan in place, but that there has not been a recent meeting of the departments to review the emergency response plan. Mr. Forbes requested that Mr. Kil and the department heads meet in the near future to review the existing emergency plan.

(General discussion ensued.)

Chief Willman concurred. Mr. Forbes stated that a refresher course on the Town's emergency plan should be held as it is very important, and the Town's citizens will appreciate it.

Mr. Gembala commented that the Town's alert system is tested regularly and is quite functional because he frequently hears the alarm go off.

CLERK-TREASURER:
Ms. Sury had nothing to report.
ATTORNEY'S REPORT:
Attorney Austgen had nothing to report.
TOWN MANAGER:
Mr. Kil had nothing to report.
STAFF:
Chief Willman delivered the April, 2013, monthly activity report from the Fire Department.

Chief Frego delivered the monthly activity report from the dates of April 1, through 30, 2013, from the Police Department.

PAYMENT OF BILLS:

Mr. Forbes noted that he had made a request at the last meeting that the Council hold an APV for review and discussion with Attorney Austgen. Mr. Forbes stated he did not recall the APV number. He asked Ms. Sury for the APV number. Ms. Sury stated that the APV number was 7692 in the amount of $280.

(General discussion ensued.)

Mr. Forbes remarked that his understanding is that being as an employee of the Clerk's office is performing this service, and statutorily the Clerk is allowed to perform the service no matter how redundant, the Council may not say otherwise. Mr. Forbes stated he would appreciate the opportunity to review and discuss this matter related to the APVs.

(General discussion ensued.)

Mr. Barenie asked if the APVs in question were for current minutes. Mr. Forbes stated the APV was for current minutes/duplication of service. Mr. Barenie stated he did not support duplication of services. Mr. Forbes concurred. Mr. Forbes deferred to Attorney Austgen. Attorney Austgen explained the chain of authority within the Clerk-Treasurer's Office, pursuant to Indiana statute, to the Council.

Mr. Forbes stated he would entertain a motion on payment of APVs 7697 through 7869 in the amount of $934,420.10. He stated that he had not reviewed the APVs, but he assumed the same payment was contained in the current APV docket to the same individual. Ms. Sury concurred. Mr. Forbes asked the Board for any comment.

Mr. Barenie made a motion to approve APVs 7697 through 7869 in the amount of $934,420.10; the motion excepted payment of APV 7692 in the amount of $280 (April docket) and APV 7852 in the amount of $210 (May docket); these APVs were pulled for review and discussion by the Council. Mr. Forbes asked the council members if they understood the motion; he noted that he believed everyone understood the motion. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

PUBLIC COMMENT:

Attorney Jeffrey Gunning, P.O. Box 3305, Munster, IN
Attorney Gunning appeared before the Council on behalf of Ms. Sherry Sury, Clerk-Treasurer. He noted that "The Council has, in the past, ceased its review and approval of the official record of proceedings generated by Clerk-Treasurer." Mr. Forbes responded, saying Attorney Gunning's statement was not accurate.

Attorney Gunning stated "That is what the official meeting minutes of the Council are determined to be by the Indiana Commission on Public Records." Mr. Forbes stated that he did not believe this was accurate statement by Attorney Gunning either. Attorney Austgen agreed that Attorney Gunning's statement was inaccurate.

Attorney Gunning stated "The Council has adopted an alternate method with regard to its meeting minutes, and I would like to remind the Council that it received a communication in October of last year, October 12th of 2012." He stated that the letter was from the Director of the Indiana Commission on Public Records. "Stating, in part, that it is the Commission's position 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 further stated that "Recordings of the meeting presented by a third party and adopted by the Town Council may put into question the official actions of the Town Council." Mr. Gunning stated that this was two sentences quoted from the October 12, 2012 communication that the Council previously received in October, 2012, and heard read them by him at a Town Council meeting.

Attorney Gunning stated "Given tonight's action with regard to the refinancing on the mortgage refunding bonds, it would be a shame to put those in jeopardy as the Director of the Commission on Public Records indicates." Therefore, Attorney Gunning stated he would respectfully request that "You immediately invoke a process to accept and review all of the prior official meeting minutes that have been generated by the Clerk-Treasurer's Office, and put that procedure back into course."

Attorney Gunning noted that the Council has excepted out from their approval the vouchers that were taken action on under Payment of Bills. He requested that the Council consider these vouchers now before their adjournment. Mr. Forbes commented that the Council was well within their right to remove any bill from the docket for review. Mr. Forbes stated that the vouchers would be reviewed before approval.

Mr. Forbes further noted that Mr. Gunning cited an "in part opinion" from the letter of October 12, 2012. Mr. Forbes stated he believed there is another letter that states that the Council is well within their rights to hire their own Recording Secretary. Mr. Forbes remarked, "It is pretty sad that you continue to not acknowledge that letter that was sent to us." Attorney Gunning responded that he was not familiar with the letter to which Mr. Forbes referred. Attorney Gunning stated that the letter he quoted from were two sentences in their entirety.

Attorney Austgen stated he did not wish to engage in a debate with Mr. Gunning during the Town Council meeting. He asked Attorney Gunning if he was finished. Attorney Gunning responded, "yes."

Attorney Austgen informed the Council that they stood on solid and appropriate legal authority to take the actions that they take and actions that have been taken. Attorney Austgen stated that this has been documented to Attorney Gunning and elsewhere, as was referenced in the meeting. Attorney Austgen stated he would certify, for purposes of the bond financing, that all actions taken by the Council and the Building Corporation are lawful, accurate and meet the requirements of law.

Attorney Austgen stated he would execute an instrument in support of the bond that will be issued for the refunding that has been acted upon. He stated that the Council has the documentation related to the legal authority in their files and on the record.

Mr. Forbes asked for any further comment from the Council. Mr. Barenie commented that he appreciates the work of the Council's Recording Secretary, Susan Wright, and he loves the new format used for the meeting minutes. Mr. Forbes concurred.

Mr. Forbes asked for any further public comment. He asked the girl scouts if they had any questions of the Council. There was no further public comment.

ADJOURNMENT:

Mr. Forbes asked for a motion to adjourn the meeting. Mr. Bustamante made a motion to adjourn the meeting. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

(The meeting was adjourned at 8:37 p.m.)

A TRUE COPY

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

06-13-2013 Town Council

June 13, 2013 Town Council Meeting Minutes

Michael Forbes, President Mark Barenie Attorney David Austgen
Larry Bustamante,Vice-President Ken Gembala Sherry Sury, Clerk-Treasurer
Gregory Volk   Steve Kil, Town Manager

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for June 13, 2013, at 7:12 p.m.

(The Pledge of Allegiance was recited.)

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Larry Bustamante, Gregory Volk, Mark Barenie and Ken Gembala. Staff members: Steve Kil. Attorney Austgen was present. Chief Frego was present. Chief Willman was absent. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was present.

NEW BUSINESS:

A. CONSIDER WASTE/RECYCLING CONTRACT EXTENSION WITH ALLIED WASTE SERVICES

Mr. Forbes noted the first order of business before the Council was consideration of the waste/recycling contract extension with Allied Waste Services. He recommended that the Council defer this matter in order to continue discussions with Allied Waste Services. Mr. Forbes stated he believed that there was a little more room to negotiate a favorable rate for services with Allied Waste.

Mr. Forbes asked if there was any discussion on this matter. There was no comment from the council members. Mr. Forbes stated he would entertain a motion to defer action on the contract extension with Allied Waste Services. "So moved," by Mr. Gembala. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

B. RESOLUTION NUMBER 13-06-13, A RESOLUTION OF AN INTERLOCAL COOPERATIVE AGREEMENT FOR THE PURPOSE OF A STUDENT RESOURCE OFFICER (SR0) AT LAKE CENTRAL HIGH SCHOOL

Mr. Forbes stated that Resolution Number 13-06-13 was a resolution for an Interlocal Cooperative Agreement for a Student Resource Officer. He noted that there are some unresolved language issues within the Agreement. He asked that action on the Interlocal Cooperative Agreement be deferred.

Attorney Austgen, for the record, informed the Council that Lake Central School Corporation's counsel has carefully reviewed the Interlocal Agreement. He stated that based upon comments by the attorney for Lake Central School Corporation, the contract needs some "fine tuning." Attorney Austgen stated that all other parties have checked off on the Agreement. He stated that the Interlocal Agreement contract will be finalized in approximately two weeks.

Mr. Forbes asked the Council if they had any questions. There were no questions. Mr. Forbes stated he would entertain a motion to defer action on Resolution Number 13-06-13. "So moved," by Mr. Barenie. The motion was seconded by Mr. Gembala. The motion was unanimously carried by voice vote (5/0).

C. CONSIDER STREET SWEEPING AGREEMENT WITH INDIANA DEPARTMENT OF TRANSPORTATION (INDOT)
Mr. Forbes stated the Council would consider the street sweeping agreement that the Town has with the Indiana Department of Transportation. He asked Mr. Kil to address this matter.

Mr. Kil informed the Council that the Town has had an agreement with INDOT since 1989 wherein the Town is reimbursed by INDOT for sweeping the (US Route 41) streets. He stated that part of the Town's MS4 initiative/project requires that the streets be swept. He stated that the Town regularly sweeps US Route 41 for INDOT and is reimbursed for doing so.

Mr. Kil stated that Attorney Austgen has reviewed the agreement. He recommended that the Council approve this agreement and authorize Mr. Forbes to sign the same.

Mr. Gembala made a motion to approve the street sweeping agreement with INDOT, and authorize Town Council President, Michael Forbes, to sign the same. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

D. ORDINANCE NUMBER 1571, AN ORDINANCE PROVIDING FOR A CHANGE OF ZONE FROM R-3 TO C-2 FOR A SKILLED NURSING FACILITY – PETITIONER: PROVIDENCE LIFE SERVICES (FAVORABLE RECOMMENDATION FROM THE PLAN COMMISSION)
Mr. Forbes noted that Ordinance Number 1571 was an ordinance providing for a change of zone from R-3 to C-2 for a skilled nursing facility for Petitioner, Providence Life Services. He noted that the Plan Commission forwarded this zoning change with a favorable recommendation. Mr. Forbes stated that this zoning change is related to one corner out lot of a parcel in a large development in the Gates of St. John that was previously approved quite some time ago.

Mr. Forbes stated that Providence Life Services purchased this property with the intention of building a home health care facility. He noted that this will be a significant development. Mr. Kil informed the Council that the Petitioner, Providence Life Services, is scheduled to appear before the Board of Zoning Appeals on June 24, 2013, seeking a special exception in order to operate the proposed skilled nursing facility. Mr. Kil agreed with Mr. Forbes that this will be a large development.

(General discussion ensued.)

Mr. Forbes remarked that this project will be a positive addition to the Town of St. John. Mr. Bustamante concurred.

Mr. Forbes stated he would entertain a motion to adopt Ordinance Number 1571. "So moved," by Mr. Bustamante. The motion was seconded by Mr. Volk. The motion was unanimously carried by voice vote (5/0).

E. CONSIDER APPROVAL OF CONFLICT WAIVER FROM BARNES & THORNBURG

Mr. Forbes stated that the Council would consider approval of a contract waiver received from Barnes & Thornburg. Attorney Austgen explained to the Council that the law firm of Barnes and Thornburg has been longstanding bond counsel for the Town. He stated that the firm is also a nationally recognized bond counsel. He stated that Mesirow Financial is the Town's underwriter for the bond refunding matter that is currently pending.

Attorney Austgen stated that Barnes & Thornburg periodically represents underwriters in the course of their business. He explained that according to the Rules of Professional Conduct, Barnes & Thornburg notified the Town that it has, in the past, represented Mesirow Financial, as an underwriter in placing financings.

Attorney Austgen explained that under the aforementioned, applicable Rules of Professional Conduct, Barnes & Thornburg is duty bound to notify the Town of these dealings. As a consequence of this notice, Attorney Austgen stated that Barnes & Thornburg is asking the Council to waive any conflict of interest in the bond refunding matter. He stated this is a proper request that adheres to the Indiana Rules of Professional Conduct.

Mr. Forbes stated that he would entertain a motion to approve the conflict waiver presented by Barnes & Thornburg, and authorize the Town Council President, Mr. Michael Forbes, to sign the same. "So moved," by Mr. Volk. The motion was seconded by Mr. Gembala. The motion was unanimously carried by voice vote (5/0).

F. CONSIDER CONSULTANT AGREEMENT FOR THE OPERATION OF THE HAUNTED HOUSE FOR 2013 ($7,000.00) FEE.

Mr. Forbes stated that the Council would consider authorizing a consultant agreement for the operation of the Haunted House for 2013. He stated that the $7,000.00 fee remains the same as was paid in 2012 for consulting services. He asked if the Council had any questions, thoughts or concerns.

(General discussion ensued.)

Mr. Forbes stated that he would entertain a motion to approve the consultant agreement for the Haunted House for 2013, and authorize the Town Council President, Mr. Michael Forbes, to sign the same. "So moved," by Mr. Volk. The motion was seconded by Mr. Gembala. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:

Mr. Barenie had nothing to report.

Mr. Bustmante informed the Council that he has been approached by workers who wish to know the status of the Employee Handbook. Mr. Forbes stated that he and Mr. Volk have completed their review of the handbook, and the handbook will be forwarded to Attorney Austgen so a draft copy can be prepared.

Mr. Volk had nothing to report.

Mr. Gembala stated that the Police Department, Public Works and Fire Department were out during last night's storm. He stated that he was assured that Public Works will be out picking up storm debris.

(General discussion ensued.)

CLERK-TREASURER:
Ms. Sury had nothing to report.
ATTORNEY'S REPORT:
Attorney Austgen had nothing to report.
STAFF:
Mr. Kil noted Chief Willman could not attend tonight's meeting. He asked in Chief Willman's stead if the Council could consider approving the annual $10,000.00 donation for the Fire Department's training site. Mr. Kil stated that this donation is usually made at the same time every year in the normal course of business.

Mr. Kil announced that the Town is in the process of refinancing their Building Corporation debt in the amount of approximately $7.5 million dollars. He stated that it was determined that the market is favorable at the present time to do a bond refinancing, and as a result of the Building Corporation bond refinancing, the Town will save approximately one million dollars.

Mr. Kil stated that Standard & Poor has performed a rating of the Town of St. John; he stated that the bond and community rating has been increased from an A+ to AA-. He stated the Standard & Poor upgrade in ratings are significant for the community.

Mr. Kil stated that Mr. Krzyskowski acknowledged how well the Town is doing based on the rating of an independent company such as Standard & Poor. Mr. Kil stated that Mr. Krzyskowski wished to congratulate the Town Council members on a job well done. Mr. Kil stated that the Town is moving in the right direction. He congratulated the Town Council for an excellent job.

Mr. Forbes noted that the Fire Department donation is usually done as a line item on the agenda. He asked the Council if they would like to consider the donation at tonight's meeting. The Council voiced no objection.

Mr. Forbes stated he would entertain a motion to authorize the St. John yearly donation to the St. John Fire Department in the amount of $10,000. "So moved," by Mr. Bustamante. The motion was seconded by Mr. Volk. The motion was unanimously carried by voice vote (5/0).

(General discussion ensued.)

Chief Frego stated that in April the U.S. Homeland Security Department offered training for police officers in the latest techniques on how to address active shooters in schools and/or public places. Chief Frego stated he sent an officer for the training. He stated that the officer successfully completed the course and was certified as an instructor.

Chief Frego stated during this past week the certified instructor conducted a two day training session in these active shooter techniques at Lake Central High School. The training included officers from Schererville, Dyer, Lake County and St. John. School officials were present to observe the training. Chief Frego stated the officers have been trained andhe anticipates scheduling this particular type of training on an annual basis.

Mr. Forbes asked Mr. Kil to address the Opticon. Mr. Kil informed the Council that there are no capital expenditures for the Fire Department being contemplated in 2013. He stated that all of the Fire Department's equipment is in good shape. Mr. Kil stated that after discussions with Chief Willman, it is his recommendation that the Town install Opticon on US Route 231 at the intersections of Cline, Parrish and Olcott.

Mr. Kil recommended that Mr. Cobb, First Group Engineering, be retained to coordinate the Opticon project. Mr. Kil stated that Mr. Cobb would charge $13,800, for design, coordination with INDOT, permitting processes, gathering specifications and obtaining price quotes from a contractor to install the Opticon systems.

Mr. Kil stated that the budget for installing the Opticon system at each location is approximately $12,500.00. Mr. Kil estimated that overall cost for the proposed Opticon project at $52,000 for the design and construction. Mr. Kil stated since the Fire Department is not contemplating any purchases at the present time they would like to use money from the Cumulative Fire fund.

Mr. Barenie asked if this recommendation came from Chief Willman. Mr. Kil stated that Chief Willman is one hundred percent on board with the Opticon project. Mr. Kil stated that this project has been discussed for quite some time. Mr. Kil opined that a $55,000 budget should be adequate to complete the Opticon project.

(General discussion ensued.)

Mr. Kil stated that the Cumulative Fire fund currently has a balance of $233,389.20.

Mr. Forbes stated he would entertain a motion to authorize the Opticon project design and installation in an amount not to exceed $55,000 for US Route 231 at the intersections of Cline, Parrish and Olcott. "So moved," by Mr. Bustamante. The motion was seconded by Mr. Barenie. The motion was unanimously carried by voice vote (5/0).

PUBLIC COMMENT:

Mr. Forbes asked if there was any public comment for the Town Council.

Mr. Adrian Bugariu, 11747 West 90th Avenue
Mr. Bugariu stated that on June 20, 2011, he addressed a letter to Mr. Forbes, President of the Town Council, and Mr. Mark Barenie, Vice President of the Town Council. He stated his letter contained a request and he demanded it be carried out, "we don't tolerate what's going on." He stated that he made the request one week short of two years ago.

Mr. Bugariu stated he did not know what was done with the copies of the letter that he sent, but they were probably thrown in the garbage. He asked the Town Council to "please honor those requests."

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

ADJOURNMENT:

Mr. Forbes asked for a motion to adjourn the meeting. Mr. Gembala made a motion to adjourn the meeting. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

(The meeting was adjourned at 7:40 p.m.)

A TRUE COPY

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

06-27-2013 Town Council

June 27, 2013 Town Council Meeting Minutes

Michael Forbes, President Mark Barenie Attorney David Austgen
Larry Bustamante,Vice-President Ken Gembala Sherry Sury, Clerk-Treasurer
Gregory Volk   Steve Kil, Town Manager

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for June 27, 2013, at 7:10 p.m.

(The Pledge of Allegiance was recited.)

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Larry Bustamante, Gregory Volk, Mark Barenie and Ken Gembala. Staff members: Steve Kil. Attorney Austgen was present. Chief Frego was present. Chief Willman was present. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was present.

APPROVAL OF MINUTES: MAY 23, 2013, REGULAR MEETING JUNE 13, 2013 EXECUTIVE SESSION

Mr. Forbes stated he would entertain a motion to approve the regular meeting minutes from the May 23, 2013, Town Council, and the June 13, 2013, Executive Session. He asked if there were any questions or comments on the aforementioned meeting minutes. Hearing no comment from the Council, Mr. Forbes stated he would entertain a motion. Mr. Barenie made a motion to approve the regular meeting minutes of the May 23, 2013, Town Council meeting, and the minutes of the June 13, 2013, Executive Session. Mr. Volk seconded the motion. The motion was carried by voice vote (5/0).

SWEARING-IN NEW POLICE OFFICER

Mr. Forbes announced that there would be two presentations before the Town Council this evening. The first presentation was the swearing-in of the Police Department's new officer, David Wortsman. Mr. Forbes stated that David Wortsman is the grant officer. Chief Frego explained that David Wortsman is a military veteran and he was hired with grant monies received in 2012.

Mr. Forbes asked that Mr. Wortsman be sworn in. Clerk-Treasurer, Sherry Sury administered the oath to David Wortsman.

(Applause from the audience.)

The Council extended congratulations and best wishes to Officer Wortsman.

(Photographs are taken.)

PRESENTATION: STATE REPRESENTATIVE, HAL SLAGER

Mr. Forbes introduced Mr. Hal Slager, State Representative. Mr. Slager informed the Board that the Indiana General Assembly has adjourned for the year. He explained he is part of a citizen legislature that does not work full-time like the Illinois legislature does. Mr. Slager stated he returns to Indianapolis a couple of times a month during the adjournment.

Mr. Slager stated he has been busy making reports, speeches and working on new legislation. Mr. Slager stated he wanted to make the Town Council members aware that he represents their district, which is truly a tri-town district including the north part of St. John, most of St. John Township, Schererville, Dyer and the south side of Griffith. He stated the one common element that these communities share is the school district. He stated that when the district was created it was of interest to him because even though there are separate town councils and borders it is truly a tri-town community.

Mr. Slager explained to the Council that the best time to build legislation is now. He stated that the process of getting a bill passed is extremely complicated as a proposed bill must pass through two houses, conference committees and anywhere from one to several committee hearings. Mr. Slager stated that the key is getting a bill to the floor of the General Assembly.

Mr. Slager stated that this process should start now as now is the time he can be working with committee chairman, working through issues with stakeholders and trying to develop a bill that will stand a chance of moving through the statehouse on both sides. Mr. Slager invited the Council and Attorney Austgen to apprise him of any issues or ideas they might have related to legislation. Mr. Slager stated that approximately half of the bills being worked on are being fixed, repaired or adjusted from prior sessions. He stated amending bills is a part of the process.

Mr. Slager stated he would like to represent St. John as well as possible on any issues or concerns that they may have. He stated that the State of Indiana has a balanced budget, has maintained their reserve and has restored all of the prior cuts to much of the budget, particularly in education. Mr. Slager stated that cash is being paid for some of the projects that higher education is conducting at some of the state universities.

Mr. Slager stated that the best thing that can happen is that the economy improves. He stated he would be happy to answer any questions.

Mr. Barenie asked Mr. Slager to elaborate on his comments on "higher education and paying cash." Mr. Slager stated that the Commission for Higher Education recommends an amount that they are seeking for funding the state universities, and also to encourage more degrees. Mr. Slager stated that the state is not doing well in degree delivery. Mr. Slager stated that the state has fully funded what higher education requested.

Mr. Slager stated that there is a capital budget of approximately $190 million dollars for physical plant improvements is being funded entirely, and cash is being used to pay off bonds, thus saving the taxpayers several million dollars in interest.

Mr. Slager explained that there is a shortfall in science and technology degrees. He stated incentives have been put into place to encourage more students to seek science and technology degrees. He stated that H.B. 1002 was an attempt to put a blue ribbon panel together that will evaluate what the businesses in the State need so that students can be educated, even at the high school level, best for college and/or technical jobs.

Mr. Slager stated one of the alarming statistics presented by higher education is that in 2012, over 10,000 (college bound) high school students required remediation in order to perform at the college level. Mr. Slager stated that they are trying to do a better job at the state university level to achieve as many degrees as possible (preparing college bound students) and thus maximizing taxpayer dollars.

The frozen tax levies were discussed. Mr. Kil asked Mr. Slager if he was very confident that the ban (frozen levies) on the communities in Lake County has been lifted. Mr. Slager explained that he was one hundred percent sure that this would happen. Mr. Slager stated that the frozen tax levy topic was deemed an emergency so the bill will be effective as soon as it is signed by the Governor. Mr. Slager stated that Senate Bill 585 had an amendment added to it that unfroze the tax levy.

Mr. Slager mentioned that the county income tax that was recently passed was required in order to lift the frozen levy on the property tax. He stated that it was a stroke of luck in timing that this bill was passed. Mr. Slager told the Council that he has been accused of playing politics because of the timing of the amendment in S.B. 585, as it related to the Lake County Council's passage on first reading of the county income tax. He stated that he had no control of when Senate Bill 585 would clear the Senate, when it would clear a committee in the House or even when it would be called down on second reading so that he could apply the amendment. Mr. Slager explained that Senate Bill 525 was called down for second reading the day after the Senate amended the House budget bill requiring a wheel tax in order to get the road funding dollars.

Mr. Slager stated that his argument was that the legislature must be taken out of the penalty business. He stated that creating incentives is fine, but the idea of the legislature withholding money and forcing units of government to perform actions that the legislature thinks they should do is wrong. He stated that this type of thinking is wrong because the money withheld belongs to the taxpayers and not the legislature. Mr. Slager stated that there is no penalty provision if a county does not have a wheel tax.

Mr. Kil asked if the Town could expect an increase when the tax draw is received at the end of 2013. Attorney Austgen asked how this could happen outside of the budget process; he asked if a budget cycle had to occur before this could happen. Mr. Slager explained that the money that is coming in 2013, would be based on the previously approved levy. Mr. Slager stated he does not think the Town will see the funding increase in this calendar year, but next year in 2014.

(General discussion ensued.)

Mr. Slager stated he would have to consult with someone as to how the recently passed Lake County income tax will be assessed and distributed. He stated he debated with legislators from north Lake County about the income tax.

(General discussion ensued.)

Attorney Austgen mentioned the 911 consolidated dispatch project, and the new government entity that will be created by this consolidation. He asked Mr. Slager if there was something that the Town Council and/or its leaders could do to work with Mr. Slager or his colleagues to address, at the very least, the streamlining and/or minimization of both the tax and/or loss of service components or a combination of both given the state of the law as it presently stands. Mr. Slager stated, at this point in time and from his understanding from other legislators, Lake County was the big point on the radar as far as the savings achieved by such a consolidation. Mr. Slager recommended that it would be difficult to see or argue for a change in front of the legislature without some legitimate alternative plan.

Mr. Slager stated that it was his understanding that Lake County now has someone in place with experience in the 911 consolidation process. Mr. Slager stated that there would have to be a legitimate concept to present to the legislature that a better way of saving money has been discovered if an alternative was to be presented. Mr. Slager noted, clearly, the goal of the 911 consolidation was to save money. Mr. Slager stated that much has been made about the communication component of the 911 consolidation. He stated that everyone could clearly agree that there has to be some opportunity for savings. Mr. Slager noted that if one-quarter percent of the tax levy from the county income tax is distributed to public safety there will be money available to fund the 911 consolidation.

Mr. Barenie noted that there seems to be no clear understanding or method in place for how the county income tax will be allocated. He asked if there were distribution models in place that would work to equitably distribute the 1.25% county income tax. Mr. Slager concurred that the operative word was the definition of "equitably."

(General discussion ensued.)

Mr. Slager stated the 1.25% Lake County income tax would generate a significant amount of money (approximately $135 million) that now has to be reallocated. Mr. Slager stated that this summer there is a committee who will be studying the relationship between the tax levy and the cap. He stated it was never anticipated that the circuit breaker caps would be put into the Constitution and have the immediate effect of dropping property values by 20-25%, which, in turn, pushed a significant amount of homeowners up against the cap. He explained taxes with these caps have become a very fluid and dynamic uncertainty. Mr. Slager stated that is precisely what the study committee is investigating this summer.

Mr. Slager stated he hoped he answered Mr. Barenie's question, but he had no straightforward answer for him.

The Council had no further questions for State Representative, Hal Slager. The Council extended their thanks to Mr. Slager for attending the meeting.

NEW BUSINESS:

A. RESOLUTION NUMBER 13-06-27, A RESOLUTIONJ FOR AN INTERLOCAL COOPERATIVE AGREEMENT FOR THE PURPOSE OF A STUDENT RESOURCE OFFICER (SRO) AT LAKE CENTRAL HIGH SCHOOL.

Mr. Forbes stated that the Council would have a brief discussion on the Interlocal Agreement for the Student Resource Officer. Mr. Forbes asked Attorney Austgen or Mr. Kil to elaborate on this matter. Mr. Kil stated he had a recent conversation with Attorney Cheryl Zic, school district attorney, related to the Interlocal Agreement. He stated he has received a faxed document which outlines the school district's concerns with the Interlocal Agreement.

Mr. Kil stated he reviewed the document together with Attorney Zic, and he agreed that the Town would revise the position description in a manner that will address their concerns. The revision on the position description would then be submitted to Attorney Zic. Mr. Kil stated that Attorney Zic will write language related to the hiring process (selection, retaining of the officer, qualifications) that the school district would like to see incorporated into the Interlocal Agreement. Attorney Zic's proposed language will be submitted to the Town for their review.

Mr. Kil stated that he and Attorney Zic discussed the urgency of completing the Interlocal Agreement prior to school starting in August. Mr. Kil stated it is their intention to have the Student Resource Officer in the high school at the start of the school year. Chief Frego concurred that this was the plan.

Mr. Kil mentioned that Dr. Veracco voiced concerns in the event that the state starts a grant program and more grant money becomes available. Mr. Kil stated that the Town and the School District have different ideas for the use of future grant money if and when it becomes available. Mr. Kil stated he and Attorney Zic discussed the use of the grant money. Mr. Kil stated that Attorney Zic will propose some language related to this matter and submit it to the Town for Attorney Austgen's review.

(General discussion ensued.)

Attorney Austgen noted that the school district has had a draft of the agreement since December, and the Town just received their comments a few days ago. He stated any substantive changes to the agreement need to be dealt with immediately.

(General discussion ensued.)

Mr. Slager had additional information to pass on to the Council related to grant money. He stated that Senate Bill 1 was passed. Senate Bill 1 includes a program for funding of grants. He informed the Council that the grants would be going to the school corporations. Mr. Slager stated that schools can use the grant money for any purpose including labor, equipment and supplies. He stated that the grants are based on the size of the school corporation. Mr. Slager noted that Lake Central will get one of the larger grant shares based on their size. Mr. Slager reiterated that the grant money would go to the school.

(General discussion ensued.)

Attorney Austgen stated that the Council was not ready to act on Resolution Number 13-06-27, but there is additional data to work on which will be drafted into the agreement and submitted to the Council for their review.

(General discussion ensued.)

Mr. Kil stated that the concerns of the school corporation seem to be proprietary to the Town and the school and related to operational issues.

Mr. Kil stated that Attorney Zic was not interested in creating a side agreement between the Town and the School in addition to the Interlocal Agreement. Chief Frego stated that the language in question cannot conflict with Police Department policies.

(General discussion ensued.)

Mr. Kil stated that he would submit to Chief Frego the language that Attorney Zic has proposed for inclusion into the agreement, including the position description, for his review. Mr. Kil stated that the school corporation has specific rules and regulations that must be followed with regard to the students. Mr. Kil stated both sides have items to work on at the present time.

Mr. Forbes directed Mr. Kil to keep in touch with Chief Frego with regard to the agreement. Mr. Forbes noted that the individual placed in the school, first and foremost, is a St. John police officer, and will be a St. John police officer. Mr. Kil concurred.

Attorney Austgen remarked that the Town of Schererville is waiting on the final Interlocal Agreement. Mr. Forbes stated that the Town of Schererville is prepared to move forward, and any revisions should not have a significant impact on the agreement. Mr. Kil stated his understanding is that all four entities, the three towns and the school corporation, are all on board relative to the Interlocal Agreement.

Mr. Forbes stated he would ask that the Council defer the Interlocal Cooperative Agreement. Mr. Gembala made a motion to defer Resolution Number 13-06-27. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

B. CONSIDER ANNUAL CONTRACT WITH ST. JOHN VOLUNTEER FIRE DEPARTMENT.

Mr. Forbes stated that the Council would consider the annual contract with the St. John Volunteer Fire Department. He asked the Council for any questions or comments. The council members had no comments.

Mr. Forbes stated he would entertain a motion to approve the annual contract with the St. John Volunteer Fire Department and authorize the Town Council President, Michael Forbes, to sign the same. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

C. CONSIDER VARIANCE OF USE REQUEST FOR ST. JOHN TATTOO PARLOR (FAVORABLE RECOMMENDATION FROM THE BOARD OF ZONING APPEALS).

Mr. Forbes stated that the Council would consider a variance of use request for a tattoo parlor in St. John. He noted that this matter was before the Board of Zoning Appeals on Monday, June 24, 2013, and the Board forwarded a favorable recommendation to the Town Council. Mr. Forbes asked for any comments or questions.

Mr. Volk noted the conditions attached to the favorable recommendation as follows: time of operation, Monday through Saturday 12:00 p.m. to 9:00 p.m., Sunday, 1:00 p.m. to 5:00 p.m., and meeting all local and state licensing requirements prior to occupancy. Mr. Forbes noted that name of the tattoo parlor would be "Syndicate Designs."

Mr. Gembala asked if there were any remonstrators at the Board of Zoning Appeals meeting. Mr. Kil informed the Council that there were no remonstrators at the Board of Zoning Appeals meeting. Mr. Volk asked for the location of Syndicate Designs. Mr. Kil stated that the tattoo parlor would be located near the post office.

(General discussion ensued.)

Mr. Richard Kivo and Mr. Terry Ward, owners of Syndicate Tattoo, were present in the audience. Mr. Barenie asked if this was the first store the owners would be opening. One of the Petitioners responded that this would be their second store, their first store being located in Chicago Heights.

(General discussion ensued.)

Mr. Gembala stated one of his concerns, with the store being open until 9:00 p.m. would be groups congregating outside of the business due to the proximity of the bar. The Petitioners assured the Council that this would not be the case. Mr. Bustamante asked if the business would be closing at precisely 9:00 p.m. The Petitioners informed the Board that their last appointment of the day would be scheduled at 7:30 p.m. so as not to run past 9:00 p.m.

Mr. Forbes stated he would entertain a motion to accept/decline or take no action on the recommendation from the Board of Zoning Appeals to approve the special exception for the tattoo parlor, Syndicate Designs. Attorney Austgen informed the Council that they could also defer action on this matter. Attorney Austgen stated that the Council could approve the business with the contingencies identified and presented by the Board of Zoning Appeals.

(General discussion ensued.)

Mr. Bustamante asked if it was necessary for the business to be open on Sunday. The Petitioners stated that they would defer to the Council's request not to open for business on Sunday. Mr. Gembala informed the Petitioner(s) that any action taken by the Council did not include their signage; he informed them that that would have to seek a separate permit for signage. The Petitioners concurred.

Attorney Austgen noted that the record should reflect that the Petitioners voluntarily removed Sunday as a day of business for Syndicate Design, based upon the discussion of the Council. The Petitioners concurred with the Council's decision.

Mr. Forbes asked if there was a motion to accept the favorable recommendation from the Board of Zoning Appeals for Syndicate Design, removing the Sunday operations from 1:00 p.m. to 5:00 p.m. "So moved," by Mr. Volk. Mr. Bustamante seconded the motion.

Mr. Forbes asked if there was any further discussion on this topic. Mr. Gembala asked that all of the other conditions set forth by the Board of Zoning Appeals be included in the motion.

Mr. Volk stated that he would amend his motion to accept the favorable recommendation from the Board of Zoning Appeals with the following conditions: time of operations, Monday through Saturday from 12:00 p.m. to 9:00 p.m.; no business operations on Sunday which was voluntarily given up by Petitioners; business must meet all of the local and state licensing requirements prior to occupancy; and Petitioners are aware that signage for the business must be addressed by seeking a separate permit.

(General discussion ensued.)

In addition, Mr. Volk amended the motion to include no outside sales, and all business to be conducted inside the building. Mr. Forbes noted this was merely a point of clarification; he asked Mr. Bustmante if he was going to re-second the motion. Mr. Bustmante seconded the motion. The motion was carried by voice vote (4/1/0). Mr. Barenie was opposed.

D. CONSIDER REQUEST FOR SPECIAL EXCEPTION FOR A SKILLLED NURSING FACILITY. PETITIONER: PROVIDENCE LIFE SERVICES (FAVORABLE RECOMMENDATION FROM THE BOARD OF ZONING APPEALS). REPRESENTATIVE, JEFF COURTNEY.

Mr. Forbes stated that the Council would consider a special exception for a skilled nursing facility. He noted that the Petitioner, Providence Life Services, received a favorable recommendation on Monday, June 24, 2013, from the Board of Zoning Appeals. Mr. Jeff Courtney, representative for Providence Life Services, was present at the meeting.

Mr. Forbes refreshed the Council's recollection that they had recently approved a rezoning of a small corner parcel of the development. Mr. Forbes stated that a favorable motion would allow the Petitioner to operate a skilled nursing home on the rezoned property.

(General discussion ensued.)

Mr. Kil noted that no contingencies were placed on the project. He stated that there will be an exhaustive process before the Plan Commission. He stated if there are any contingencies or restrictions on the project that the Plan Commission will handle them in the event that the special exception is approved by the Council. Mr. Forbes commented that the concept plan looks very good. Mr. Kil added that it will be a beautiful facility added to the Town.

Mr. Forbes stated he would entertain a motion to accept the favorable recommendation from the Board of Zoning Appeals for a special exception for the skilled nursing facility. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

E. RESOLUTION NUMBER 13-06-27A, A RESOLUTION PROVIDING FOR THE TRANSFER OF APPROPRIATIONS.

Mr. Forbes stated that the Board would consider Resolution Number 13-06-27A, a resolution providing for the transfer of appropriations. Mr. Forbes stated it was his understanding that this was a transfer to pay for the squad car that is being replaced. Mr. Forbes asked if a Request to Purchase had been submitted. Mr. Kil stated that the request has already been approved. Mr. Forbes stated he never saw it.

Mr. Forbes stated he would entertain a motion to adopt Resolution Number 13-06-27A. Mr. Gembala made a motion to transfer funds to pay for the police car. Mr. Bustmante seconded the motion. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:

Mr. Gembala stated with all of the storms that have gone through Town, debris is being picked up on Saturdays. He thanked Public Works for getting the job done. Mr. Gembala stated he has heard some good comments from his neighbors. Mr. Kil stated that the crew has been working nonstop on picking up branches from the recent storms.

Mr. Volk had nothing to report.

Mr. Bustmante stated that the crew is working diligently on the chipping. He stated that citizens need to be patient because there is a lot of chipping that must be done and there are only two chippers.

Mr. Barenie stated he spoke with Attorney Austgen this morning following up on some departmental reports on personnel and staff. He stated that he is looking at the present staff for potential cross-training, possible promotions, et-ecetera. Mr. Barenie asked Attorney Austgen if he could devise a method that the Council could agree on to follow, and set up a meeting for review. Mr. Barenie stated everyone should be comfortable with the process.

Attorney Austgen stated that in order to meet and comply with the law, the Council must be certain that they don't cross lines into areas that are not permitted to be conducted, or meetings to be held in Executive Session that are not permitted. He stated that the items Mr. Barenie is talking about are typically work/study session items such as when discussing general policy, circumstances related to policy, budget and needs, et-cetera. Attorney Austgen recommended that a study session be held for these types of matters.

Attorney Austgen stated that the other component is a dual component. He stated that there is a need to evaluate personnel or Department Heads, given the data that has been solicited from them and from Mr. Kil. Mr. Austgen stated that reviewing employees for performance and administration of the policy for the benefit of the citizens and their effectiveness in implementing policy is an evaluation. He stated that the Council is expressly permitted to conduct this type of a meeting in an Executive Session.

Attorney Austgen recommended that a work study session be held as soon as possible where the Council can bring the Department Heads in in whatever fashion is most effective for them. He stated there are several reasons to conduct the work study session including the upcoming budgeting process which includes a significant amount of new law, new impacts, new revenues, new expenses and new needs.

Attorney Austgen noted that the Town's budget for this year may be the most interesting budget year in a number of years given some of the information that Mr. Slager has provided, information reported to the Council by Mr. Kil and Attorney Austen and information provided by the Department Heads. Attorney Austgen noted that the budget process commences in August so he advised the Council to conduct the work study session so they will be the most informed and prepared legislators to enact their budget and policy going forward.

Attorney Austgen again urged the Council to hold the study session as soon as is practical and possible for the budget and with regard to the the evaluations of Department Heads. He recommended that the evaluation process should be done a couple of times of year especially in coordination with the Town's lead administrator, Mr. Kil.

(General discussion ensued.)

Mr. Barenie stated he has learned a lot about the different departments from the four or five reports that he has reviewed. He stated he would like, at a minimum, to receive these reports on an annual basis. Mr. Forbes stated that he briefly discussed this matter with Mr. Kil and Attorney Austgen.

(General discussion ensued.)

Mr. Gembala noted some of the reports he received are very good. Mr. Gembala opined that it is important for all of the councilmen be available for the meeting.

Attorney Austgen stated he would work with Mr. Kil on the notice and the topics so that everything meets the requirements of law clearly and without question. Mr. Forbes stated that after the information gathering, at the study session, the councilmembers should have time to think about what was discussed. Mr. Forbes stated Mr. Barenie is implying that the Council will go into Executive Session, discuss topics that cannot be addressed at the work study session and come out and take action. Mr. Forbes stated that he may not want to take immediate action.

Mr. Barenie stated that the Council has had the reports for a few days, and they will now have them for another two weeks. He stated this should be an adequate amount of time to learn about the thoughts of their leaders. Mr. Barenie stated that the Council will have the study session to discuss matters and an Executive Session to hash out matters that must be addressed in Executive Session. Mr. Barenie stated after the Executive Session the Council could take action, if necessary, at the regular public meeting.

(General discussion ensued.)

Attorney Austgen recommended that the meetings be held in the following sequence, Study Session, Executive Session, and regular meeting. Mr. Forbes concurred. Attorney Austgen stated that the Council may want to take more time to review matters, therefore, they would not have to act on anything at the regular meeting.

Mr. Forbes stated that the meetings would be scheduled for July 25, 2013.

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 latest construction summary for the Town as of June 27, 2013, reflected 93 residential permits for new construction, and on this date in 2012, the Town had issued 63 residential permits for new construction.

Mr. Kil informed the Council that he has supplied them with a market update on the Building Corporation refinancing. He directed the Council members to the four key bullet points on Page 2. He stated this information was provided to him by Todd Krzyskowski, the Town's underwriter at Mesirow Financial.

Mr. Kil explained when the refinancing process was first commenced the bond market was fantastic. He stated since that time, the bond market has softened and interest rates have risen. Mr. Kil stated that the underwriter has informed him that if the Town refinances right now the savings would be in the neighborhood of $350,000.00 rather than the $950,000.00 previously cited.

Mr. Kil stated that he was informed by Mr. Krzyskowski that he expects that the interest rates will tick down slightly. Mr. Kil stated that there will be weekly conference calls among him, Attorney Austgen, Todd Krzyskowski and Carl Cender, the Town's financial advisor. Mr. Kil indicated that this matter is being followed closely. Mr. Kil stated that the market should recover enough so that the Town's refinancing of the Building Corporation bonds will save between $500,000-$600,000, a 6 to 7% savings.

Mr. Kil stated that the Town has received a great rating from Standard & Poor. Attorney Austgen informed the Council that he had a very difficult discussion with the Town's underwriter, Todd Krzyskowski about his lack of reporting to the Town. Attorney Austgen stated that hours had been spent on the telephone with the underwriter, four business days apart and the Town was never informed of a soft market or a changing environment.

Attorney Austgen noted if the Council would look on Page 4, they will to see the progression of the flow chart. The flow chart and its course were discussed by Attorney Austgen. He noted the approximate time period that the Town received the pro forma report for an estimated the savings in the $900,000 to $1 million dollar range. Mr. Austgen noted the next date marking was at June 19, 2013, at which time the rate was as low as it has gone since November to December 2011.

Attorney Austgen stated that everything is now in place for the refinancing. He stated he would not recommend, nor would Mr. Kil recommend, nor would the Town's consultants recommend that the Town proceed with the refinancing at this time. Attorney Austgen recommended that the interest environment be carefully watched. He stated that the underwriter will receive strict directions about weekly reports, at a minimum, to the Town. Attorney Austgen noted there will still be a savings, but it is certainly not what was discussed.

(General discussion ensued.)

Attorney Ausgten stated neither he, Mr. Kil nor the Town's financial consultants would have recommended that three percent (3%) would have been the trigger at which they would have authorized Mr. Kil to proceed with the refinancing. Attorney Austgen stated that, given the state of the economy, a refinancing at three percent (3%) would never have been attempted; he stated three percent would have been a waste of time.

Attorney Austgen stated that more information would be received tomorrow on the state of the refinancing of the Building Bonds, with weekly updates. Mr. Forbes asked what the Council's course of action should be. Attorney Austgen stated that a short notice meeting for direction on the Building Corporation bond refinancing might be in order.

(General discussion ensued.)

Mr. Barenie recommended that the Council tread carefully here. He stated if the market rates change again, he would like to be informed. Attorney Austgen stated that all approvals are in place at the present time so all the Council would have to do is authorize Mr. Kil to proceed. Mr. Volk concurred that the only thing for the Council to do would be to hold an emergency meeting in order to authorize the Building Corporation bond refinancing if the interest rates go down again. Mr. Volk opined that the bond market rates will continue to climb due to moves made by the Federal Reserve. Mr. Forbes stated that the Council would stand by for the conference call tomorrow and decide from there.

Mr. Forbes noted there are several Requests to Purchase, one from Precision Concrete Cutting to repair some trip hazards on some of the sidewalks; the request had a not to exceed amount of $5,000. Mr. Forbes asked for a motion to approve this request to purchase.

(General discussion ensued.)

Mr. Volk made a motion to approve the contract with Precision Concrete Cutting to repair trip hazards on sidewalks not to exceed $5,000.00. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes noted a Request to Purchase from the Clerk's Office in the amount of $4,766.36 for codification. Mr. Forbes asked Ms. Sury to elaborate on this codification request. Ms. Sury informed the Council that every couple of years a codification is done for the Town Code. Attorney Austgen informed the Council that a codified Code of Ordinance is a statutory requirement. "So moved," by Mr. Volk. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes noted a third Request to Purchase received from the Park Department, not to exceed $65,000.00, to replace swing sets. Mr. Kil Mr. Kil stated that the Park Board has identified swing sets throughout Town that need to be replaced. Mr. Kil noted that this is a maintenance item. He stated that the various parks where the swing sets will be replaced are listed.

(General discussion ensued.)

Mr. Forbes stated that he would entertain a motion to approve the not to exceed amount of $65,000.00 to replace and install the swing sets in Timberland, Homestead, Prairie West and Edgewood Parks. "So moved," by Mr. Volk. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated that another Request to Purchase was submitted from the Park Department for $7,200.00 to replace pavilion roofs. Mr. Forbes noted that he has seen the pavilion roofs and the shingles have blown off the roof.

(General discussion ensued.)

Mr. Forbes stated that the requested $7,200.00 will be used to repair the Schilton Hills and Homestead pavilion roofs. Mr. Gembala made a motion to approve the re-shingling of the pavilion roofs not to exceed $7,200.00. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated there was one last Request to Purchase submitted for the fuel bill. Mr. Forbes noted the Al Warren Oil Company bill was in the amount of $27,093.15. He asked for a motion to approve the Al Warren Oil Company bill in the amount of $27,093.15. "So moved," by Mr. Bustamante. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0).

Chief Willman delivered the Fire Department's regular monthly report for May, 2013.

Chief Frego delivered the Police Department's regular monthly report for May 1 through 31, 2013.

PAYMENT OF BILLS:

Mr. Forbes noted that Council would address the payment of the bills for the corporation. He stated he would entertain a motion to approve payment of bills for APVs 7870 through 8089 in the amount of $1,471,093.01. Mr. Forbes noted that the same bills are on the docket again for Ms. Harlovich. He asked the councilmembers for their thoughts on this matter. Mr. Barenie advised not to duplicate payments and not pay this bill; he stated he was referring to Voucher Number 8022. Mr. Forbes concurred that Voucher 8022, was a three part bill in the amount of $210.00. Mr. Forbes stated that this topic was touched on briefly but has not been discussed in depth. Mr. Forbes stated that there was a suggestion to remove the bill in question and to continue discussion.

Mr. Forbes stated he would entertain a motion to approve general APVs 7870 through 8089, excluding and removing Docket Number 8022 in the amount of $210.00. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0/1). Mr. Gembala abstained from the vote due to not having a chance to review this matter.

PUBLIC COMMENT:

Mr. Forbes asked if there was any public comment for the Town Council. There was no public comment.

ADJOURNMENT:

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

(The meeting was adjourned at 8:52 p.m.)

A TRUE COPY

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

07-25-2013 Town Council

July 25, 2013 Town Council Meeting Minutes

Michael Forbes, President Mark Barenie Attorney David Austgen
Larry Bustamante,Vice-President Ken Gembala Sherry Sury, Clerk-Treasurer
Gregory Volk   Steve Kil, Town Manager

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for July 25, 2013, at 8:25 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Larry Bustamante, Ken Gembala, Gregory Volk and Mark Barenie. Staff members: Steve Kil. Attorney Austgen was present. Chief Frego was absent. Chief Willman was present. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was present.

Mr. Forbes reported that Mr. Gembala had family matters to attend to tonight, and Mr. Bustamante was currently in Indianapolis for job training.

APPROVAL OF MINUTES: JUNE 13, 2013 EXECUTIVE SESSION MINUTES, JUNE 13, 2013, REGULAR MEETING, & JUNE 27, 2013, REGULAR MEETINGS.

Mr. Forbes stated he would entertain a motion to approve the meeting minutes from the Executive Session of June 13, 2013, the regular Town Council meeting minutes of June 13, 2013, and the regular meeting minutes of June 27, 2013. Mr. Forbes asked if there was any discussion. There was no discussion.

Mr. Gembala made a motion to approve the regular meeting minutes of June 13, 2013, June 27, 2013, as supplied by Recording Secretary, Susan E. Wright, and also the Executive meeting minutes of June 13, 2013. Mr. Volk seconded the motion. The motion was carried by voice vote (5/0).

NEW BUSINESS:

A. RESOLUTION NUMBER 13-07-25, A RESOLUTION DECLARING UNCOLLECTIBLE ACCOUNTS OF THE TOWN AS "BAD DEBT".

Mr. Forbes stated that Resolution Number 13-07-25 was a resolution declaring uncollectible accounts of the Town as bad debt. He noted that the dollar amount is $68,385.14. He asked if there were any questions or comments. Mr. Gembala noted that this was the usual situation after adjustments from Medicare and such. Mr. Forbes concurred.

Mr. Gembala made a motion to approve Resolution Number 13-07-25. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

B. RESOLUTION NUMBER 13-07-25A, A RESOLUTION APPROVING A JOINT INTERLOCAL COOPERATIVE AGREEMENT FOR THE PURPOSE OF A STUDENT RESOURCE OFFICER AT LAKE CENTRAL HIGH SCHOOL

Mr. Forbes asked Attorney Austgen to elaborate on the Joint Interlocal Cooperative Agreement. Attorney Austgen stated that he and Mr. Kil are in discussions with Lake Central School Corporation's legal counsel and school superintendent. He stated that the agreement is being finished up after having had some legal items presented to them. Attorney Austgen stated that Chief Frego has responded with documentation regarding job descriptions, et-cetera. He stated that the matter was not finished this week because the school superintendent is out of the office.

Attorney Austgen stated that this matter would be immediately addressed next week and the agreement would be ready for presentation at the August meeting. Mr. Gembala made a motion to defer Resolution Number 13-07-25A. Mr. Bustamante seconded the matter. The motion was unanimously carried by voice vote (5/0).

C. CONSIDER Y2013 DISPATCHING SERVICES AGREEMENT WITH TOWN OF ST. JOHN AND LAKE HILLS VOLUNTEER FIRE DEPARTMENT

Mr. Forbes stated that the Council would consider the 2013 dispatching service agreement with the Town of St. John and the Lake Hills Volunteer Fire Department. He noted this is a yearly commitment wherein St. John does the dispatching for Lake Hills. Mr. Forbes stated that the amount of the contract is $6,884.02.

(General discussion ensued.)

Mr. Kil informed the Board that this agreement was for the year of 2013, as it had never been approved. Mr. Kil stated that this was a housekeeping item that needed to be addressed. Mr. Gembala made a motion to approve the agreement and authorize the Town Council President to execute his signature on the agreement. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

(General discussion ensued.)

D. CONSIDER APPROVAL OF HAUNTED HOUSE BUDGET FOR 2013

Mr. Forbes stated that the Council would consider approval of the Haunted House Budget for 2013. Mr. Forbes stated that the budget had been sent out to the councilmembers. Mr. Forbes stated that there are a couple of Haunted House items on the docket, but not for a significant amount of money. He stated he advised the consultants to hold off on any further purchases until the approval process is completed.

Mr. Forbes stated that there is an increase in the budget of approximately $5,000. He stated the bulk of this increase will be used for additional advertising. Mr. Forbes stated that the e-mail explains where a majority of this money would go. Mr. Forbes asked the councilmembers for any comments or questions.

Mr. Kil informed the Council that the Haunted House's proposed total budget is $41,100 for the year 2013. Mr. Forbes stated that there was a pretty significant drop in revenue in 2012. He stated that this is his reason for requesting additional funds for advertising, in order to reach a different area and age group.

Mr. Forbes stated that in better years, the Haunted House revenues can range anywhere between $20-40,000 after costs. Mr. Forbes reiterated that revenue was down last year, and he believes that additional advertising will help.

Mr. Kil stated that there is currently a cash balance of $85,439.59 in the Haunted House account. Mr. Kil noted that this money also pays for Christmas in the Park every year.

(General discussion ensued.)

Mr. Forbes informed that Board that two large Haunted Houses in Illinois have closed. He stated if the advertising reaches out to the Chicago market the people who went to the closed Haunted Houses may be potential customers of St. John's Haunted House.

Mr. Forbes asked for a motion to approve the 2013 Haunted House budget of $41,100. "So moved," by Mr. Barenie. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

E. LARIMER PARK DRAINAGE PROJECT – REVIEW OF REQUESTS FOR PROPOSAL.

Mr. Forbes noted that he brought the Larimer Park drainage project up several months ago. He stated that this project starts on the north side of 93rd Avenue and the ditch runs onto Larimer Park. Mr. Forbes noted that the ditch is overgrown and it has turned into a winding, meandering ditch. He stated that the ditch will be straightened out. He stated that the purpose for straightening the ditch is to prevent water from flowing over 93rd Avenue during heavy rain events.

Mr. Forbes stated that the Town Council has done a good job of addressing other issues on 93rd Avenue. He stated Prairie West Park is one of the only remaining significant projects left to do, but it will be a developer related, cooperative job. Mr. Forbes asked if anyone had any questions.

(General discussion ensued.)

Mr. Kil stated that he discussed this matter with Kenn Kraus. Mr. Kil stated that Mr. Kraus wrote a letter with a formal recommendation that the project be awarded to Metro Excavating. Mr. Kil stated that Metro is ready to go on the project. Mr. Kil concurred that there is a giant difference in the amount of the quotes. Mr. Kil stated that Metro Excavating stands by their numbers.

Mr. Forbes noted that the amount of Metro Excavating's quote was $38,222.10.

Mr. Gembala made a motion to approve the recommendation of Mr. Kraus to accept the Metro Excavating quote of $38,222.10 for the Larimer Park drainage project. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:

Mr. Barenie stated he would like to make a motion regarding the discussion had earlier during the study session regarding most of the reports submitted by Department Heads on recommended promotions, as well asking to ratify the actions by the Police Commission regarding the Police Department's two recommended position changes, one being a Commander and an additional Sergeant.

Mr. Barenie included the Fire Department in the motion, to include three Battalion Chiefs to receive $1.00 an hour, Public Works Department, six promotions, three to take place at the one year anniversary date of the employee and the other three positions that were recorded in the Public Works letter of recommendation, with the appropriate new title positions.

Mr. Forbes asked if everyone understood the motion set forth by Mr. Barenie. There were no questions. Mr. Bustamante seconded the motion.

Mr. Forbes requested a roll call vote. Ms. Sury conducted a roll call vote. Gregory Volk – no. Ken Gembala – no. Mark Barenie – yes. Larry Bustamante – yes. Michael Forbes – no. The motion failed (3/2).

Mr. Forbes stated he voted no to Mr. Barenie's motion at this time pending further review.

Mr. Gembala, for the record, stated he would like to revisit the promotion/raises after seeing numbers for the third quarter. Mr. Volk stated he is not opposed to the motion; he opined that the Council should wait a little while to see what the third quarter looks like.

Mr. Barenie asked how this would change things. Mr. Volk stated he would like to see that the Town's expenditures don't exceed any further than what Mr. Barenie was thinking. Mr. Volk opined that he has a feeling that building permits are going to drop off dramatically.

(General discussion ensued.)

Mr. Barenie asked if Mr. Volk was referring to something that would be paid out for this year. Mr. Volk concurred. Mr. Barenie stated that the basis of the recommendation for is the increased revenues moving forward with the Town's tax levy.

Mr. Bustamante gave kudos to the Fire Department, Public Works Department, Cedar Lake, Schererville and Lake Hills for the phenomenal job they did with Derwin Nietzel's rescue. Mr. Gembala concurred. Chief Willman was commended for the Fire Department's excellent work.

(General discussion ensued.)

Mr. Gembala made a motion to declare the items listed as old, broken or no cash value to be disposed of in a letter submitted by Mr. Jason Dravet. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Volk had nothing to report.

CLERK-TREASURER:
Ms. Sury had nothing to report.
ATTORNEY'S REPORT:
Attorney Austgen had nothing to report.
TOWN MANAGER:
Mr. Kil had nothing to report.
STAFF:
Chief Willman delivered the June, 2013, monthly activity report from the Fire Department.

Mr. Forbes stated that he had before him a Request to Purchase two Ford Utility Police Interceptors. He stated that these vehicles are SUVs. Mr. Kil stated that these vehicles will be able to have hitches affixed to them, but the vehicles are not heavy enough for a plow. Mr. Kil stated that these vehicles are pursuit-rated.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to authorize purchase of two Police Interceptor vehicles, each $26,410.95 for a total of $52,821.90. Mr. Bustamante made a motion to authorize the request to purchase the two police vehicles in the amount of $52,821.90. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0)

PAYMENT OF BILLS:

Mr. Forbes noted that next item was payment of the bills, APVs 8090 through 8266 in the amount of $1,361,821.77. He asked if there was any discussion on payment of the bills. There was no discussion.

Mr. Gembala made a motion to pay APVs 8090 through 8266 in the amount of $1,361,821.77. Mr. Forbes noted that the bills from Ms. Haralovich are still on the docket. Mr. Forbes asked if there was a second to Mr. Gembala's motion. There was no second to Mr. Gembala's motion. Mr. Forbes asked if there would be acceptance to pay the bills if the following bills were removed, Docket Number 8201, four of them in the amount of $280. Mr. Gembala made a motion to approve payment of the bills including the removal of Docket Number 8201, four times in the amount of $280. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

PUBLIC COMMENT:

Attorney Jeffrey Gunning, PO Box 3305, Munster, Indiana
Mr. Gunning stated he was an attorney practicing out of Munster, Indiana. Mr. Gunning asked the Council if there was any explanation for the removal of the accounts payable docket item 8201. Mr. Forbes stated his speculation is that it is duplication of services and the Council has concerns about that.

ADJOURNMENT:

Mr. Forbes asked for a motion to adjourn the meeting. Mr. Bustamante made a motion to adjourn the meeting. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

(The meeting was adjourned at 8:58 p.m.)

A TRUE COPY

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

08-08-2013 Town Council

August 8, 2013 Town Council Meeting Minutes

Michael Forbes, President Mark Barenie Attorney David Austgen
Larry Bustamante,Vice-President Ken Gembala Sherry Sury, Clerk-Treasurer
Gregory Volk   Steve Kil, Town Manager

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for August 8, 2013, at 7:02 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Larry Bustamante, Gregory Volk, Mark Barenie and Ken Gembala. Staff members: Steve Kil. Attorney Austgen was present. Chief Frego was present. Chief Willman was present. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was present.

NEW BUSINESS:

A. RESOLUTION NUMBER 13-08-08, A RESOLUTION FOR AN INTERLOCAL COOPERATIVE AGREEMENT FOR THE PURPOSE OF A STUDENT RESOURCE OFFICER (SRO) AT LAKE CENTRAL HIGH SCHOOL.

Mr. Forbes stated that Resolution Number 13-08-08, a resolution for an Interlocal Cooperative Agreement for the Student Resource Officer at Lake Central High School was before the Council for their consideration.

Mr. Forbes noted that amendments have been made to the language in the agreement and the agreement was now in its final form. He stated that Lake Central School Corporation unanimously approved the agreement and it was signed at their meeting on August 5, 2013. Mr. Forbes asked the councilmembers if they had any questions related to the agreement. There were no questions or comments from the councilmembers.

Mr. Forbes stated that he would entertain a motion to approve Resolution Number 13-08-08. “So moved,” by Mr. Barenie. Mr. Gembala seconded the motion. The motion was unanimously approved by voice vote (5/0).

B. REVIEW AND DISCUSSION OF PROPERTY ACQUISITION IN THE NORTH TIF DISTRICT.

Mr. Forbes stated that the property acquisition in the north TIF district was before the Council for review and discussion. Mr. Kil presented some background information to the Council. He stated that the property in question was located just south of Lake Central Plaza. Mr. Kil stated that a marketing plan for this location was complete, and the Town was seeking to promote commercial development at this site.

Mr. Kil stated that property owner of the two parcels of property near the traffic signal indicated they were interested in selling both parcels of property. Mr. Kil stated that these parcels were included in the appraisal(s) price. He stated that the appraisals are complete, and he prepared a project summary for the councilmembers. Mr. Kil stated at the present time, the TIF district has approximately $595,000 of cash on hand.

Mr. Kil stated that he spoke to Mr. Meyers about his development, The Meadows of St. John, and Mr. Meyers indicated that he wanted to expand on the commercial development just south of Livios. Mr. Kil stated that during his discussions with Mr. Meyers it was determined that it would possible to access the traffic signal located at Lake Central.

Mr. Kil noted that if the Town purchased the property at this location with the idea of promoting commercial development it would also be beneficial in that, at the same time, the Town could develop a frontage road that would provide a safe access point for the businesses of the Lake Central Plaza and the residents living in the Golden Pond residential development.

Mr. Kil opined that if the Town can provide access to the signal light at Lake Central, it would spur the commercial development on US Route 41. He stated that if the Town and the developer can reach an agreement on this project, the developer will purchase any remaining property not needed for the frontage road for the price of $500,000. Mr. Kil stated that in the event the remaining property is purchased for $500,000 the Town’s total revenue for this project of would be $1,095,000.

Mr. Kil stated he arrived at a purchase price for the property in question by averaging the two appraisals. Mr. Lee’s appraisal valued the property at $565,000, and Mr. Vale’s appraisal was $649,000. Mr. Kil stated that the average of these appraisals was $607,000.

Mr. Kil informed the Council that Mr. Kraus estimated the Town’s construction costs of a frontage road and the required improvements for the INDOT right-of-way at the signal light at $431,000. Mr. Kil stated that this brings the Town’s total expenses for construction of the roadway, including the extension of utilities and right-of-way work at the signal light to $1,038,000. He stated that the Town’s cash balance after these expenditures would be approximately $57,000, which would be used for engineering.

Mr. Kil stated that Mr. Meyers was in attendance at the meeting and wished to make a proposal and presentation of his concept on the proposed commercial and residential developments to the Council.

Mr. Dennis Meyers, Meyers Development, appeared before the Council, along with Renee Egnatz, his administrative assistant. Mr. Meyers presented pictures of the Golden Pond development for the Council’s perusal. He stated that these slide pictures would give the councilmembers an idea of what the proposed residential development south of Golden Pond will look like.

Mr. Meyers showed the councilmembers pictures of various locations within the Golden Pond development. He stated that he intends to build a berm similar to the berm located in Golden Pond on the south end of the proposed residential development in order to block off the trains. Mr. Meyers stated that negotiations are planned to attempt to eliminate the train whistle. He stated that his feeling is that if the “quiet zone” is not enforced, the project will not work.

(General discussion ensued.)

Mr. Meyers showed pictures of the pond. He stated that the proposed residential development will contain a pond larger than the one located in Golden Pond. Mr. Meyer stated that the Golden Pond is situated in a park-like setting.

Mr. Meyers stated that the proposed project will have some residences located on the pond, and some not. Residences located on the pond will be more expensive. Mr. Meyers stated that the tree lines in the rear of the proposed residential development as depicted in the slides will not be disturbed.

Mr. Meyers stated that there will be a park located in the middle of the residential complex with extensive landscaping. He stated that $300,000 has been designated for landscaping in the proposed residential development. Mr. Meyers stated that the tree line on the north end of the proposed residential development runs from one end of the property to the other including the Flamini residence. He stated that four buildings on the north end of the proposed residential development will back up to the tree line.

Mr. Meyers stated that every effort will be made to save trees from destruction during the construction phase of the proposed residential development. Mr. Meyers stated that the sizes of the proposed residences will be 15-1800 square feet, with the larger homes located on the pond.

Mr. Meyers explained that the proposed condo units will be sold on a lease with an option to buy basis. He stated that the lease with option to buy concept has been very successful on his other projects. Mr. Meyers stated that a three year lease is offered, and at the end of the three-year lease an option to purchase becomes available. He further explained the terms of financing.

Mr. Meyer stated that his development company presently owns a parcel of approximately 300x450 in size just south of Livios. He stated he intends to build a steak house right next to Livios which will include an outside dining area. Mr. Meyer stated in order to successfully develop the commercial aspect of this parcel, access to the traffic signal is a necessity.

Mr. Meyers stated that the proposed commercial development will be 25-30,000 square feet and the buildings will be similar in appearance to those located in the Lake Central Plaza. Mr. Meyers noted that there is adequate parking available for the proposed commercial development. Mr. Meyers opined that he will have no problem leasing units in the proposed commercial development after adding the restaurant and with access to the traffic signal light.

Mr. Meyer stated that the proposed residential development and the Golden Pond development will be tied together with a cul-de-sac at the rear.

(General discussion ensued.)

Mr. Kil opined that the proposed commercial/residential development will, in essence, create a frontage road system on the north side of Town very similar to the frontage road system located on the south side of Town. He summarized that the proposed development falls in line with the Town’s Master Plan, will create commercial and residential development, start a frontage road system on the north side of Town, and the signal light access will provide a benefit to future and existing business owners and residents.

Mr. Forbes asked the councilmembers if they had any questions or comments. Mr. Gembala commented on the traffic safety issue that exists at the present time and noted that granting access to the traffic signal light will be a positive addition. Mr. Gembala added that the proposed development would open up development to the south.

Mr. Bustamante noted that the way in which the project is laid out will be good for the Town’s economic development and bring in future monies.

Mr. Volk noted that Mr. Meyers mentioned that the project hinges upon the Town securing a “quiet zone” on the railroad tracks. Mr. Meyers concurred.

(General discussion ensued.)

Mr. Kil stated that this is an issue that he will work on with Attorney Austgen, but he did not think it would be impossible to secure a “quiet zone.” He stated this issue will be worked on but will not be resolved overnight. Mr. Meyers opined that the “quiet zone” is critical for the project. Mr. Kil commented he does not know exactly what is required at the railroad crossing to secure a quiet zone; he stated that there is no money in the project’s budget for a railroad crossing project. Mr. Forbes commented that the developer should enter into the project well aware that there is a potential for significant costs associated with securing a quiet zone.

Mr. Meyers stated that the lack of a quiet zone would not stop the development of the commercial property. He stated that he has heard various figures related to establishment of a quiet zone. Mr. Meyers informed the Council that this development will be a $12-15,000,000 project. He stated, for the record, he would pay or absorb into the development up to $100,000, in costs associated with the establishment of a quiet zone to make the project work. He stated any amount higher than $100,000 would have to be discussed.

Attorney Austgen recommended that the Council schedule a meeting to assess this situation. He stated that this matter could evolve into a negotiation wherein the Town is unprepared. He stated that the Council has heard Mr. Meyers offer money, and the Council is not in a position to act on this matter until all of the consequences associated with the proposed development are discussed in depth with their counsel. Attorney Austgen noted that although Mr. Kil has provided the Council with regular briefings on this matter much information has been received in the last couple of days. Attorney Austgen stated that an eight figure project deserves additional consideration and review by the Council.

Mr. Kil stated if the overall concept is generally favorable to the Council and if they are in favor of moving the project forward, he will continue working on the issues brought up tonight. He stated he will present the Council with additional data in due time.

Mr. Forbes stated that the Council would take all of the information under advisement and keep moving forward with an eye towards figuring out the costs for the development. Mr. Kil concurred. He stated he will continue to work with Mr. Meyers, and in obtaining the project costs for the Council’s review.

Mr. Forbes stated he would entertain a motion to defer a decision on the property acquisition in the north TIF district, and to continue investigating all of the Town’s options. Mr. Gembala made a motion to defer a decision on the property acquisition in the north TIF district. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes thanked Mr. Meyers for his presentation to the Council. Mr. Barenie remarked that it was a very nice presentation.

C. CONSIDER WASTE RECYCLING CONTRACT EXTENSION WITH ALLIED WASTE SERVICES.

Mr. Forbes stated that the Council would consider the waste recycling contract extension with Allied Waste Services. He noted that Mr. Kil has had discussions with Mr. Metros from Republic Services and a proposal had been made. Mr. Forbes noted that he had requested that the matter be taken off of the agenda for discussion.

Mr. Forbes stated that he believes more negotiation with Allied Waste would be fruitful. He stated he is not sure what direction the Council wishes to take. Mr. Forbes stated that there are three options before the Council tonight, one, accept the negotiated costs from Republic Services per the discussion between Mr. Kil and Mr. Metros, two, continue negotiations in order to get better numbers and, three, go out to bid for the trash collection. Mr. Forbes stated that bidding would take place in January.

Mr. Volk stated he would like to continue to negotiate. Mr. Bustamante stated that the costs are currently at $17.97 and the offer is $16.11, for a savings of approximately $120,000. Mr. Forbes noted that that savings would be $120,661.92 in the first year alone; he noted that the negotiated price also includes trash containers.

(General discussion ensued.)

Mr. Kil added that the Council must also decide on the size of the garbage can. Mr. Forbes reiterated his choice was to continue negotiating with Republic Services. Mr. Kil stated that he is not in favor of one term listed in the proposal before the Council, which was recycling pick-up of every other week. He stated that the community seems to be in agreement that recycling should be picked up weekly.

Mr. Kil stated that the proposal states that St. John is a “take-all” community. Mr. Forbes commented that the provider does not pick up the electronic waste.

(General discussion ensued.)

Mr. Kil stated that the contract runs from May to May. He stated that bidding is an option and bids go out in January. Mr. Kil stated if this option is exercised by the Council it should be addressed in the near future.

Mr. Jim Metros, Republic Services, addressed the Council. He explained that that prices negotiated for contracts are in line with where the market is at that particular time. He stated that three years ago he offered the best deal to the Town that Republic Services could offer.

Mr. Metros stated that when the economy went down his company made adjustments and offered lower rates to other communities. He stated that the price in the Town’s last extension was not in line with surrounding communities, but the Town had a contract.

Mr. Metros stated that the current plan will reverse the rate from $17.98 to $16.11, offer a four year extension, and a garbage cart. Mr. Metros stated that the offer extended to the Town will result in a negative $425,000 turn-around in Republic’s budget for this year. Mr. Metros stated that the cost of the garbage carts are approximately $60 each, delivered, a $300,000 investment into the community of St. John.

Mr. Metros stated that if the Council chooses to go out to bid, he would be first in line to pick up a bid package. He stated that if the Town chooses the proposal the savings would begin. He stated that the garbage carts cannot be ordered until a signed agreement is in hand.

Mr. Metros stated that he appreciates the relationship his company has with the Town, and he was there to serve the Town.

(General discussion ensued.)

The Council concurred in sending out a bid for trash collection/recycling.

Mr. Chris Kentop, general manager, Republic Services, informed the Council that they had as much time as they needed to make their determination; he noted that the rate has already been reduced for the community as an “act of good faith.” Mr. Kentop stated that this rate reduction could not go on into perpetuity. He stated at some point the $17.97 rate will be reapplied and there would then be an amount due to Republic Services.

Attorney Austgen asked Mr. Kentop if he was stating that he would raise the rate to the $17.98, per the contract, if the Town went out to bid. Mr. Kentop stated that Republic would follow the contract.

Mr. Forbes directed Mr. Kil to place bids for this service.

D. ORDINANCE NUMBER 1572, AN ORDINANCE AMENDING ORDINANCE NUMBER 1564 (RETIRED POLICE OFFICER – WITHHOLDING OF TAX LIABILITIES FROM PENSION/RETIREMENT BENEFIT PAYMENTS).

Mr. Forbes stated that Ordinance Number 1572 was an ordinance amending Ordinance Number 1564, for withholding tax liabilities from pension/retirement benefit payments at the request of two retired police officers. He explained that the retired officers are in the DROP program, and the Town pays their pension. Mr. Forbes stated that the retirees are requesting that the Town withhold state and federal taxes from their pension/retirement payments so that they are better able to plan for the future.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to consider Ordinance Number 1572 on first reading. “So moved,” by Mr. Volk. The motion was seconded by Mr. Barenie. The motion was unanimously carried by voice vote (5/0). Mr. Forbes stated he would entertain a motion to adopt Ordinance Number 1572. “So moved,” by Mr. Barenie. The motion was seconded by Mr. Volk. The motion was unanimously carried by voice vote (5/0).

E. ORDINANCE NUMBER 1573, AN ORDINANCE AMENDING ORDINANCE NUMBER 1471 ESTABLISHING AN EQUITABLE PARK IMPACT FEE.

Mr. Forbes stated that Ordinance Number 1573, was an ordinance amending Ordinance Number 1471 establishing the Park Impact Fee. Mr. Forbes asked Mr. Kil to elaborate on this ordinance for the Council. Mr. Kil introduced Taghi Arshami, Arsh Group, Inc., the consultant who worked with him and the Impact Fee Advisory Committee. He stated that the Town’s parkland impact fee is reviewed every five years.

Mr. Kil stated that the impact fee analysis determined that the Town could charge up to $3,000 per permit. He stated that the Advisory Committee thought this amount was too high. Mr. Kil stated that the Impact Fee Advisory Committee has determined that an $80 increase would bring the park impact fee to the amount of $1,736.26. The park impact fee is included in residential permits.

Mr. Kil stated that there is a basis for the fee contained in the study provided by Mr. Arshami. Mr. Kil stated that the study also contains a table reflecting the impact fee charged by neighboring communities. Mr. Kil stated that this is considered an adequate amount to keep the parks going and to pay for capital improvements. Mr. Kil stated that the study has determined that the Town has very little park debt.

Mr. Kil stated that this impact fee will generate money for park improvements. Over the course of the next five years, the conservative estimate for park fee collections is $1.2 million. Mr. Forbes stated it is important to note that the Impact Fee Advisory Committee is comprised of builders, developers and realtors. Mr. Kil stated that the Committee also includes a professional engineer, a residential developer, a commercial/residential construction manager, a local realtor and a home builder. Mr. Kil stated that the Committee members represent the entities that are affected by the park impact fee.

(General discussion ensued.)

Mr. Kil stated that this resolution was unanimously approved by the Plan Commission, and they have forwarded a certification to the Council that they support the recommendation of the Impact Fee Advisory Committee to set the park impact fee at $1,736.26.

Mr. Forbes asked if there were any questions or comments on Ordinance Number 1573. There were no questions or comments. Mr. Gembala made a motion to consider Ordinance Number 1573. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion to adopt Ordinance Number 1573. “So moved,” by Mr. Gembala. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

Attorney Austgen informed the Council that due to a special provision in the 1300 series, Ordinance Number 1573 will become effective six months from today.

(General discussion ensued.)

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:

Mr. Forbes stated that he two Requests to Purchase before him. The first request was for paving at the salt barn. He stated the salt barn area will be cleaned out to enhance safety, and the run-off from the salt into the ditches is a problem for the MS4 coordinator. Mr. Forbes stated there is concrete work and asphalt work to be done for a total amount of $54,851.

Mr. Kil stated that due to the run-off of the salt, the money to pay for this project will not come out of the regular street paving fund but out of the sewer fund.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to approve the Request to Purchase in the amount of $54,851, to pave the area around the salt barn. “So moved,” by Mr. Volk. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated the second Request to Purchase comes from the Fire Department for the purchase of three Stryker Power Pro XT hydraulic cots. Chief Willman stated that the power cots are becoming more prevalent in the industry; he stated that these cots not only take care of the patient but also the employees by preventing lifting injuries. Chief Willman stated that a discount is applied with the purchase three cots.

(General discussion ensued.)

Chief Willman stated that he hoped it would be possible to share the old cots with the neighboring Fire Departments who provide mutual aid, Lake Hills and Schererville, both who do not have spares. Mr. Forbes noted that each hydraulic cot is $13,836 for a total of $41,508.

(General discussion ensued.)

Mr. Gembala made a motion to approve the request to purchase of the three Stryker Power Pro XT hydraulic cots in the amount of $41,508. Mr. Bustamante seconded the motion. The motion was unanimously passed by voice vote (5/0).

Mr. Gembala noted that, according to Mr. Kil, the Town’s budget is in relatively good shape at the present time. He stated he would like the Council to consider bonuses at some point in time this year.

Mr. Kil stated that this was discussed and was included as a component of Mr. Barenie’s report. Mr. Kil stated that the Town did very well in 2012, and he stated that as of this year, July has surpassed June. Mr. Kil stated that the community is doing well.

Mr. Gembala stated that the bonuses could be discussed at the next meeting in order to give the members a chance to cogitate on the matter. Mr. Forbes noted that part of the discussion was bonuses. Mr. Barenie stated that he did not bring this up as a motion after the first motion he made at the last meeting. Mr. Barenie stated he wanted to give the Council some time to think about it and address it again tonight.

Mr. Barenie stated that his motion would be very consistent with what the Council has done in the past. He stated when there are finances to support the bonuses they should be awarded. Mr. Barenie added that 2012 was a great year and 2013 is going very well, and the team members that the Town has have done a great job, including Public Works and the Public Safety team. Mr. Barenie stated he would fully support a $750 bonus for full-time employees and $375 [sic] bonus for part-time employees. He asked that the Council vote on this matter tonight rather than waiting.

Mr. Gembala stated after the third quarter, he would like the Council to consider Mr. Barenie’s proposal for salary increases and promotions in 2014.

Mr. Forbes stated that he has voiced his concerns about the bonuses and salary increases previously; he stated his opinions regarding these issues still stand. Mr. Forbes asked if the Council was going to consider one bonus or two bonuses this year; he stated in previous years bonuses were awarded twice. Mr. Forbes stated he would be concerned about awarding bonuses twice in a year and especially in a year that raises were given.

Mr. Volk wanted to know if it was two or three years in a row where bonuses were awarded twice in a year. Mr. Barenie stated he believed it was two years in a row. Mr. Barenie stated he thinks that there were four calendar years without a raise.

(General discussion ensued.)

Mr. Forbes asked if the Council could commit to awarding bonuses only once this year. Mr. Barenie stated he would be fine with one bonus this year. Mr. Bustamante concurred. Mr. Volk stated that he is not opposed to giving bonuses. He stated that he thought bonuses were awarded in the past just to get through the lean years when percentage raises were not possible due to budget constraints. Mr. Volk stated that there were a couple of councilmen who wanted to drop the bonuses altogether and go back to raises, which was done in 2012. Mr. Volk asked if it wouldn’t be better to give a larger percentage raise and skip the bonuses. Mr. Volk stated when the Council is ready to consider raises he will factor in the bonuses that were awarded.

Mr. Gembala stated that the Council discussed bonuses for this year and raises next year. Mr. Forbes stated that this same conversation was had last year, which was why a two percent raise was given this year. Mr. Forbes stated that he realizes that the Town is in a good financial position, but this was due to decisions that were made and conscientious and diligent work by the Town.

Mr. Forbes stated it will be perceived that the bonuses were awarded because of the Lake County income tax. Mr. Forbes stated that the Town will be in a better position when the income tax does come in. He stated that the economy is in flux, but at the end of the day nobody really knows. Mr. Forbes opined he does not think there is firm ground for a lot of things, and the Town needs to stay the path and really think about everything that they do.

Mr. Bustamante noted that the employees received a two percent raise, but as soon as the raise was received the health care costs went up one percent. He stated that the employees don’t even see the raise.

Mr. Barenie opined that the bonuses were a very modest gesture of thanks, and this decision will not place a burden on the Town in any future years as it is a one-time bonus for various reasons. Mr. Forbes noted that elected officials and department heads are usually excluded.

Mr. Kil noted only elected officials are excluded from receiving a bonus.

(General discussion ensued.)

Mr. Barenie made a motion to pay out $750 bonuses for full-time staff and $375 [sic] for part-time staff, specifically excluding all elected officials. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Volk had no further comment.

Mr. Bustamante stated that the Council should consider re-establishing the CCD fund. He stated that are a lot of calls asking about repairing the streets.

(General discussion ensued.)

Mr. Barenie had no further comment.

CLERK-TREASURER:
Ms. Sury stated that she sent the Council members a letter by paper and e-mail regarding the unapproved claims for Ms. Haralavich, who prepares her meeting minutes in draft form. She asked if there was any response to her letter. Mr. Forbes asked if there was any response. There was no response from the Council.
ATTORNEY’S REPORT:
Attorney Austgen had nothing to report.
TOWN MANAGER:
Mr. Kil stated that he sent the Council a request to seek proposals on replacing the pavilion in Civic Park. He stated that he had asked Mr. Dick Schilling to provide him with a cost estimate, which he has received. Mr. Kil stated that Mr. Schilling’s cost estimate was not to exceed $17,500.

Mr. Kil stated that the Town would be responsible for the removal of the pavilion and the concrete. The pavilion would then be started at finished grade and rebuilt pursuant to the plans designed by Mr. Kenn Kraus. Mr. Kil stated that the price is good because Mr. Schilling has time within the next month to do the pavilion project.

Mr. Forbes stated that he would entertain a motion to authorize replacement of the pavilion at Civic Park not to exceed $17,500. “So moved,” by Mr. Bustamante. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Kil informed the Council that he met with the head of the commercial department of McColly Real Estate earlier today. He stated he was provided with the metro study that is done of the Chicago land market by Wells Fargo and other entities. He stated that of the entire Chicago land market including northwest suburbs, south suburbs and Northwest Indiana, St. John ranks Number Four in home starts. Mr. Kil stated that today’s meeting was a result of sending out the marketing brochure.

STAFF:

Chief Willman thanked the Council for the vote on the power cots. Department.

Chief Frego had nothing to report.

PUBLIC COMMENT:

Mr. Forbes opened the floor for public comment; he called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

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

(The meeting was adjourned at 8:41 p.m.)

A TRUE COPY

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

08-22-2013 Town Council

August 22, 2013 Town Council Meeting Minutes

Michael Forbes, President Mark Barenie Attorney David Austgen
Larry Bustamante,Vice-President Ken Gembala Sherry Sury, Clerk-Treasurer
Gregory Volk   Steve Kil, Town Manager

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for August 22, 2013, at 7:13 p.m.

(The Pledge of Allegiance was recited.)

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Ken Gembala, Gregory Volk and Mark Barenie. Larry Bustamante was absent. Staff members: Steve Kil. Attorney Austgen was present. Chief Frego was present. Chief Willman was present. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was present.

APPROVAL OF MINUTES: JULY 25, 2013 TOWN COUNCIL & JULY 25, 2013 EXECUTIVE SESSION

Mr. Forbes stated he would entertain a motion to approve the meeting minutes from the July 25, 2013, Town Council and the July 25, 2013, Executive Session. Mr. Forbes asked if there was any discussion. There was no discussion.

Mr. Barenie made a motion to approve the meeting minutes from the July 25, 2013, Town Council and the July 25, 2013, Executive Session, as supplied by Susan E. Wright. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

RECOGNITION OF ACHIEVEMENT: EAGLE SCOUT PROJECT, DANNY REVEIR

Mr. Forbes asked Mr. Gembala to make the introductions. Mr. Gembala stated approximately two Saturdays ago the scouts, at the lead of Danny Reveir, did some extensive work at the Hack Cemetery (estb.1843). Mr. Gembala stated he would like to acknowledge the work that the scouts did at Hack Cemetery, cleaning it up and putting in a mulch pathway and a flower garden.

Danny Reveir, Life Scout, Troop 561, appeared before the Council and thanked them for letting him present and explain his project. Mr. Reveir extended a special thanks to Mr. Gembala. Danny Reveir submitted pictures to the Council.

Mr. Reveir stated he is the Assistant Senior Patrol Leader. He stated that in order to earn the rank of Eagle Scout he had to plan and carry out a worthy project that would be beneficial to a community, a church or a non-profit organization. Mr. Reveir stated he chose to improve the John Hack Cemetery on Joliet Street. He stated that he and a team of 31 scouts and scouters went to the cemetery and spent 150 man hours to make improvements to Hack Cemetery.

Mr. Reveir stated that the picture that he submitted reflected the mulch pathway lined with ornamental brick (brick donated by Griffith Izaak Walton Chapter) that the scouts installed. He stated that the flagpole was taken down, sanded, painted and put back up with a new American flag (flag donated by Schererville VFW). Mr. Reveir stated that a solar light was also added to the flag pole so that the flag is lit at dusk (following flag etiquette).

Mr. Reveir stated that the scouts planted some perennial flowers that will bloom every year. He stated that the goal was to beautify the cemetery. Mr. Reveir stated that they would like to make the cemetery more known to the citizens of St. John because it is tucked away in a corner and not many people know about it.

Mr. Gembala thanked Danny Reveir. Mr. Forbes noted that Danny Reveir, in order to achieve the rank of Eagle Scout, was also responsible for the figuring the cost estimates and planning and guiding the labor. Danny Reveir concurred. Mr. Forbes thanked Danny Reveir and noted that he expected to see Danny Reveir go on and do good things. Mr. Reveir stated that he should attain the rank of Eagle Scout by November.

The Council thanked Danny Reveir. Mr. Reveir stated that Boy Scout Troop 561 would like to perform a flag ceremony at a future Town Council meeting.

(General discussion ensued.)

Mr. Gembala noted that a few representatives of the St. John Historical Society were present, and had a request for the Council.

The president of the Historical Society appeared before the Council along with another member of the St. John Historical Society who is also a descendant of John Hack. The member informed the Council that her niece and nephew maintain the Hack Cemetery by going out every couple of weeks to cut the grass. They also erected a fence at the cemetery.

The president of the St. John Historical Society stated that the cemetery is recorded in the National Register as an historic cemetery. The historical society representatives informed the Council that they would like to post a sign at the cemetery. They stated that the St. John Historical Society cannot afford to purchase a sign. She stated that the cemetery is set off the road and they would like a sign to mark the cemetery so that people will notice it.

Mr. Forbes stated that he has no issue with putting up a sign at the cemetery. Mr. Kil stated asked the Historical Society representatives to come up with an idea for the sign, meet with him and he would get something drawn up to present to the Council.

(General discussion ensued.)

PROCLAMATION: SEPTEMBER CHILDHOOD CANCER AWARENESS MONTH

Mr. Forbes noted that the proclamation designates September as Childhood Cancer Awareness month. He read the proclamation into the record.

Mr. Forbes stated he would entertain a motion to authorize signature of the proclamation. "So moved," by Mr. Gembala. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

PUBLIC HEARING:

A. RESOLUTION NUMBER 13-08-22, ADDITIONAL APPROPRIATION (P0LICE DEPARTMENT FUND #275 AND FUND 233).

Mr. Forbes stated Resolution Number 13-08-22 was for additional appropriations for the Police Department, Fund Numbers 275 and 233. He noted this matter was set for public hearing.

Attorney Austgen noted that timely publication of the Notice of Public Hearing on the appropriations was made in the two newspapers and a public hearing could be properly conducted tonight.

Mr. Forbes asked Mr. Kil to elaborate on this matter. Mr. Kil stated that the appropriations are for the purchase of the two new squads. Mr. Forbes remarked that this matter was discussed at the last Town Council meeting. Mr. Kil stated that there is plenty of cash available but it just needs to be appropriated.

Mr. Forbes asked the councilmen if they had any questions. There were no questions or comments. Mr. Forbes opened the public hearing for public comment. He called for public comment. Hearing no public comment, Mr. Forbes closed the public hearing and brought the matter back before the Council.

Mr. Forbes stated he would entertain a motion for Resolution Number 13-08-22. "So moved," by Mr. Volk. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (4/0).

NEW BUSINESS:

A. CONSIDER REQUEST FROM ST. JOHN VOLUNTEER FIRE DEPARTMENT REGARDING EXTENSION OF AGREEMENT FOR ANNUAL DONATION FOR THE TRAINING SITE.

Mr. Forbes stated that the next item before the Council was to consider a request from the St. John Volunteer Fire Department regarding extension of the agreement for the annual donation for the training site. Mr. Kil stated that the Volunteer Fire Department is requesting a commitment from the Town Council to fund the annual donation in an amount not less than ten thousand dollars ($10,000) for the next six years. He stated that this donation would get the Fire Department past the term of the loan that they are seeking from First Midwest Bank. He stated that the money would be used for repairs at the training site.

Mr. Kil asked the Council to consider entertaining a motion to the effect that the Town Council will commit to donating an amount of not less than ten thousand dollars ($10,000) for the next six years to the Volunteer Fire Department. In the event the Council approves this extension, Mr. Kil stated he will send a letter to the First Midwest Bank reflecting that the Town Council will guarantee the six-year donation commitment of not less than ten thousand dollars ($10,000) to the Volunteer Fire Department, and they will then be able to secure their loan for the training site.

(General discussion ensued.)

Mr. Gembala remarked that the training site is not owned by the Town; it is owned by the Volunteer Fire Department. He stated that the Volunteer Fire Department uses the site for training, and at the present time the facility needs work. Mr. Gembala stated that in the past, the Town Council has donated a $10,000 amount each year to help the Volunteer Fire Department. He stated it is important to donate the money so that the training site can be maintained. Mr. Gembala noted that in order to secure the loan, the bank is requiring that the Volunteer Fire Department present a letter of commitment that reflects that they will have enough equity to repay the loan.

Mr. Forbes stated he would entertain a motion on the request of the Volunteer Fire Department for a six year letter of commitment for an annual donation of not less than ten thousand dollars ($10,000). "So moved," by Mr. Gembala. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

B. RESOLUTION NUMBER 13-08-22A TRANSFER FUNDS (AMBULANCE CAP FUND #410).

Mr. Forbes noted that the next item on the agenda was Resolution Number 13-08-22A for a transfer of funds for the Fire Department. Mr. Kil stated that this resolution was not an additional appropriation but merely a transfer. Mr. Kil stated that a request to purchase new ambulance cots was approved at the last meeting and the funds are simply being transferred from one category to another in order to purchase the cots.

Mr. Forbes stated he would entertain a motion on Resolution Number 13-08-22A to transfer funds for the purchase of ambulance cots for the Fire Department. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

C. CONSIDER CONTRACT EXTENSION WITH ALLIED WASTE SERVICES.

Mr. Forbes stated that the next matter before the Council was consideration of a contract extension with Allied Waste Services. He noted at the last council meeting there was discussion on this matter and at that time the Council decided to go out for bids. Mr. Forbes stated a subsequent conversation was had between representatives of Allied Waste Services and Mr. Kil.

Mr. Forbes stated that he had previously sent an e-mail to the council members related to the Allied Waste contract. He stated according to the discussion between Mr. Kil and the Allied Waste representatives and in a letter received by the Council, the terms listed in the e-mail are acceptable to Allied Waste. Mr. Forbes stated he has no issue with the extension and he would like to see the Town take advantage of the significant savings.

Mr. Forbes stated that pursuant to the contract, the Town is currently scheduled to pay $17.95 per household unit, and at the end of the proposed extension in 2018, the rate would be $18.00 per household unit. He asked the Councilmen for any comments or questions related to extending the contract with Allied Waste. There were no questions or comments.

(General discussion ensued.)

In the event the contract is extended, Mr. Kil noted that the exact same terms in the contract would be in full force and effect with the exception of the new rate schedule. In addition, Allied Waste will supply every current customer in Town with a brand new trash receptacle.

(General discussion ensued.)

Mr. Forbes stated that he would entertain a motion to authorize the creation of an amended contract and necessary ordinances to enter into the contract extension with Allied Waste, and also that Allied Waste will provide a new 96-gallon trash container to each resident in Town who uses Allied Waste. Mr. Gembala made a motion to authorize the creation of the amended contract and the necessary ordinances to enter into an extension with Allied Waste and the distribution of the 96-gallon trash receptacles. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:

Mr. Forbes stated he would like to discuss the 911 consolidation. He stated he has been paying close attention to the conversations on the 911 consolidation. Mr. Forbes noted that today's paper published the 911 costs associated with each town. He stated that based upon information requested by the Town, the Town provided the estimates of costs for operating the the Town's dispatch center. Mr. Forbes stated that through his conversations with town staff and various communities around St. John, he took a wait and see position in order to see what information would come out.

Mr. Forbes noted that the numbers published in today's paper are much like he expected and are "somewhat inaccurate." He stated there is a real issue with the numbers. Mr. Forbes stated he would like to discuss making contact with Mr. Blanchard in Lake County for a counterproposal from the Town of St. John.

Mr. Forbes noted that the number calls that are called out by each PSAP (Public Safety Answering Points) are accurate. He stated these numbers are based on actual calls and information received and logged by AT&T. Mr. Forbes stated that in order to get a more equitable number as to what the costs should be, the number of the Town's 911 calls in totality were taken and divided into the number of the budget for the combined dispatch center. He stated using this method of calculation the cost was $15.84 per call. Based on the Town's call volume and calculated at $15.84 per call, the Town's costs would come to $68,615.64 rather than $308,001. Mr. Forbes stated the same could be applied to every community listed in the newspaper.

Mr. Forbes opined that the consolidated 911 operation costs to the Town should be based on the call volume and not on an estimated percentage of the levy. Mr. Kil stated that the problem with the study was that each town in the county was polled and provided their own numbers as what it costs them individually to run their dispatch centers. Mr. Kil stated that the study was only as accurate as the information that was provided. Mr. Kil stated that the Town's position is that this information was inaccurate.

(General discussion ensued.)

Mr. Kil compared the proposed costs to the Town of St. John for 911 calls to the Town of Highland's costs for 911 calls (from the newspaper); he stated that there is something inaccurate here. He stated that the Town of St. John has a third of the calls that the Town of Highland does but St. John's costs are more. He stated these numbers caused red flags to be thrown up immediately.

Mr. Kil stated that the Town will propose to pay for a percentage (.97%) of the calls based upon the total budget of the consolidated PSAP. Mr. Kil stated that whatever number the consolidated PSAP budget turns out to be, the Town's stance is that it would be equitable to pay based a percentage based upon call volume.

Mr. Forbes stated that paying for what is used, call volume, is what is recommended and it's also common sense. Mr. Forbes stated that logic dictates that communities that use the service more should pay more.

(General discussion ensued.)

Mr. Kil stated that the call volume is one of the major determining factors used to adequately staff a public safety department. He stated that the Town is proposing this same logic be used in calculating their costs for the operation of the consolidated E-911 center.

Mr. Forbes asked the Council for authorization to approach Mr. Blanchard to discuss the Town's proposal with him. Mr. Gembala stated that this matter is worth questioning. Attorney Austgen stated that the Town's ultimate leverage to the E-911 consolidation iniative is that they have veto power and they do not have to enter into the interlocal agreement.

(General discussion ensued.)

Mr. Kil opined that all of the numbers that were voluntarily submitted for the consolidated E-911 study are not one hundred percent accurate. He opined that the purpose for the 911 consolidation was to save money. Mr. Kil stated that by and large, public safety operation costs are based on call volume. He opined that each community should pay and equitable and proportionate share of the operational costs.

Attorney Austgen noted that there was little or no guidance from IDLGF as to how to analyze numbers and ascertain costs, and there was no uniform process to follow. Attorney Austgen opined that everyone's gathering of data and individual interpretation was different. Attorney Austgen stated that the Council should attempt to identify an objective criteria related to the E-911 costs.

(General discussion ensued.)

Mr. Kil stated that the only objective data he has seen, to date, is the 911 calls that were provided by AT&T. Mr. Kil stated that there is a guess on the operating budget for the consolidated E-911 center from the newspaper of $9 million dollars. He stated that an equitable, cost sharing percentage calculation should be used to ascertain a community's costs in the operation of the consolidated 911 center.

Mr. Forbes stated that the Town's proposal is a better alternative than handing over "X" amount of dollars to the county to run the consolidated 911 center. Mr. Kil stated that the Town should not be penalized because they run their dispatch center leaner than other communities. Mr. Kil stated that it would be preferable if the Town's levy be left alone and the Town be notified how much money is owed on an annual basis for their proportionate share of operating the consolidated 911 center. Mr. Kil stated if the levy was left intact they would be able to distribute it back to the Town's Police and Fire Departments.

(General discussion ensued.)

Mr. Kil stated if the Town's proposal is not well accepted, then another more equitable arrangement should be brought to the table. Mr. Forbes stated that the consultant did not have time to review and verify the numbers provided by the communities. Mr. Kil stated that St. John's proposal would substantially benefit many surrounding communities.

Mr. Gembala made a motion authorizing Mr. Forbes to present St. John's alternate proposal to Mr. Larry Blanchard and the Lake County Council. Mr. Volk seconded the motion. The motion was unanimously carried (4/0).

Mr. Forbes noted that the Town's CDBG project is completed. He stated the project has to be paid for. He stated that the total amount for the project was $95,877 with $50,000 coming from CDBG money.

Mr. Kil stated that the Town received $50,000 from the county for the CDBG project. He stated that the Town's share is $16,704.70. He asked the Council to approve payment in the amount of $16,704.70 to the contractor. Mr. Kil requested that the Council then approve the entire project payment so it can be submitted to the CDBG office. He stated that the CDBG will not pay the bill until the Town Council approves the project.

Mr. Forbes stated he would entertain a motion. Mr. Gembala made a motion to authorize payments for the CDBG project in the amount of $95,877 and a payment to Walsh & Kelly in the amount of $16,704.70. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

Mr. Forbes noted that Mr. Kraus has obtained estimates for the Town's portion of the costs for the sidewalk project on 85th Street where it crosses the railroad tracks. Mr. Forbes stated that the sidewalk project encompasses where the sidewalk ends on 85th Street, around the planter area and up to the railroad easement. He stated that a cost estimate was provided by Lambert Concrete in the amount of $14,500. Mr. Forbes stated that this estimate is approximately $12,000 less than the Town's estimated cost.

(General discussion ensued.)

Attorney Austgen asked if the project construction and improvement at this railroad crossing was premature given the preliminary investigation of the quiet zone matters. Mr. Kil stated that he and Mr. Sherrard have discussed the quiet zone matter. Mr. Kil stated that given Mr. Sherrard's preliminary research into the quiet zone matter, this project should not affect the Town's ability to secure a quiet zone, but at a later date, it may require the installation of a couple more sets of small crossing gates.

(General discussion ensued.)

Mr. Forbes remarked that obtaining a quiet zone is not going to happen overnight. Mr. Kil stated that this project will enable walking students to cross the tracks more safely without having to go onto the road.

Mr. Forbes stated he would entertain a motion to authorize Lambert Concrete to install the pedestrian sidewalk up to the easement at the Norfolk & Southern railroad crossing at West 85th Avenue in the amount of $14,500. "So moved," by Mr. Gembala. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

Mr. Forbes informed the Council that Mr. Cal Bellamy had visited them in March of this year to talk about the Shared Ethics Advisory Committee. He noted that several more communities have joined the advisory commission. Mr. Forbes asked the councilmen what their position is on joining the Shared Ethics Advisory Committee. Mr. Gembala stated that he would like to hear more specifics on the advisory committee. Mr. Volk stated he was absent on the night that Mr. Bellamy made his presentation.

(General discussion ensued.)

Mr. Forbes stated he would invite Mr. Bellamy back to provide more information to the Council.

Mr. Gembala had nothing to report. Mr. Volk had nothing to report. Mr. Barenie had nothing to report.

CLERK-TREASURER:
Ms. Sury had nothing to report.
ATTORNEY'S REPORT:
Attorney Austgen had nothing to report.
TOWN MANAGER:
Mr. Kil noted that Mr. Carl Cender was sitting patiently in the audience. Mr. Kil stated that several months ago the Council undertook the refinancing of the Building Corporation's bonds and were set to realize a significant savings. Mr. Kil explained that while in the midst of refinancing the Building Corporation bonds, the market went south and the refinancing of the debt was put off.

Mr. Kil stated that he received a call this afternoon from the Town's underwriter, Mesirow Financial, informing him that the Building Corporation's bonds can be refinanced tomorrow morning at a favorable rate and with a savings of at least $500,000 to the Town. Mr. Kil stated that the original goal was to save at least a half a million dollars or more. Mr. Kil recommended that the Council authorize the refinancing of the Building Corporation's bonds.

Mr. Carl Cender stated that Mr. Kil covered the subject matter very well. He stated that he has had weekly phone calls with Mr. Kil, Attorney Austgen and Mesirow Financial in order to monitor the market and wait for the rates to come back down. Mr. Cender stated that it is now financially feasible to move forward with the Building Corporation's refinancing as competitive rates can be secured. Mr. Cender agreed that the refinancing will save the Town at least a half a million dollars.

Mr. Cender stated with the Council's approval, he will lock in the rate tomorrow morning. Attorney Austgen noted that the financing could occur on or before September 10.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to authorize the sale of the Building Corporation bonds. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Mr. Cender assured the Board that he would be on the telephone first thing in the morning.

STAFF:
Chief Willman delivered the July, 2013, monthly activity report from the Fire Department. Chief Willman thanked the Council for their support and continuing donation to the Volunteer Fire Department.

Chief Frego delivered the Police Department's monthly activity report covering July 1-31, 2013.

PUBLIC COMMENT:

Ms. Donna Kriner, director of Northwest Indiana Cancer Kids, thanked the Council for proclaiming September as Childhood Cancer Awareness month. She stated that she is grateful for all of the support that her organization has received from the Town of St. John.

Mrs. Kriner noted that since the letter Mr. Forbes read was received two more children have succumbed to cancer in the last 30 days. She asked the Council, in their capacity as a legislative body, write to Senators Donnelly, Coates and Congressman Visclosky to support the four bills that are currently on the table for funding. Ms. Kriner provided the Council with the numbers of the bills.

Ms. Kriner informed the Council of a sick child from St. John, Savannah, who will be entering into a stem cell transplant. Ms. Kriner asked the Council to keep Savannah in their prayers. Lastly, she asked the Council to send a team from the Town of St. John to represent them in a cancer awareness walk, Kids in Capes, on September 14th starting at the Crown Point fairgrounds.

Mr. Forbes requested that Mr. Kil place a link to Northwest Indiana Cancer Kids on the Town's website for the residents to access.

Mr. Patrick Connelly, 9354 East Oakridge Drive
Mr. Connelly appeared before the Board with a complaint of a vehicle that is has been stored in front of his house for the past 20 weeks. He stated that the vehicle has been moved once during this time period.

Mr. Connelly stated that he had done some research into the Town's ordinances. He cited Ordinance Number 511, Section 8, "the storage of vehicle," and St. John Town Code, Section 13-83, storage of vehicle.

Mr. Connelly quoted "storage of a vehicle for more than 96 consecutive hours is prohibited." He stated if a resident wants to store a vehicle on the street they can do so, but they have to secure a permit from the Chief. Mr. Connelly noted that Ordinance Number 1322 states as long as one's vehicle is licensed and plated you can stay on the street. He asked the Council to explain the disparity in the language of the ordinances to him.

Mr. Connelly stated that the vehicle parked in front of his residence looks terrible. He asked again for an explanation for Ordinance Number 1322. Mr. Connelly stated it is his next door neighbor's vehicle parked in front of his house. Mr. Connelly cited Ordinance Number 1322, Number 7, Section A, "this section applies to any vehicle used for commercial purposes which in excess of 22 feet long, seven feet wide or seven feet high." Mr. Connelly stated that he discussed this ordinance with Chief Frego.

Mr. Connelly stated he no longer gets along with his neighbor, in part, because of the vehicle being parked in front of his residence. Mr. Connelly stated that Chief Willman visited his house with a police officer while he was roasting marshmallows with his family and neighbors in his rock fire pit. He stated that he was directed to put the fire out in his fire pit because it did not have a top.

He asked the Council why the Town even has ordinances if they are going to pick and choose which ordinances they are going to enforce. Mr. Connelly asked the Council if anything can be done about the vehicle parked in front of his home.

Mr. Forbes stated that the information presented by Mr. Connelly was new to the Council. Mr. Forbes requested that Mr. Connelly give him an opportunity to discuss this matter with Code Enforcement, staff and Chief Frego and he would get in touch with him. Mr. Connelly stated that if he has to follow the ordinances, everyone in Town should have to follow the ordinances. Mr. Forbes stated he appreciated his opinion.

There was no further public comment.

PAYMENT OF BILLS:

Mr. Forbes noted that the general APVs 8267 to 8475 are in the amount of $1,244,453.04. He asked if there was any discussion on payment of the bills.

Mr. Volk requested that the four Recording Secretary bills on pages 9 and 10, Docket No. 8382, a voucher for a total of $280 be removed. Mr. Forbes noted that this would be for the continued review on this topic. Mr. Volk concurred.

Mr. Volk stated that he would make a motion to approve the general APVs after removal of the four vouchers for $280, Docket No. 8382. Mr. Barenie seconded the motion. The motion was carried by voice vote (4/0).

ADJOURNMENT:

Mr. Forbes asked for a motion to adjourn the meeting. Mr. Gembala made a motion to adjourn the meeting. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0).

(The meeting was adjourned at 8:36 p.m.)

A TRUE COPY

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

09-12-2013 Town Council

September 12, 2013 Town Council Meeting Minutes

Michael Forbes, President Mark Barenie Attorney David Austgen
Larry Bustamante,Vice-President Ken Gembala Sherry Sury, Clerk-Treasurer
Gregory Volk   Steve Kil, Town Manager

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for September 12, 2013, at 7:01 p.m.

(The Pledge of Allegiance was recited.)

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Larry Bustamante, Gregory Volk and Mark Barenie. Ken Gembala was absent. Staff members: Steve Kil. Attorney Austgen was present. Chief Frego was present. Chief Willman was present. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was present.

PROCLAMATION: CONSTITUTION WEEK

Mr. Forbes stated that the first thing on the agenda was a Proclamation for "Constitution Week." He read the proclamation into the record.

Mr. Forbes stated that he would entertain a motion authorizing him, as the Town Council President, to sign the proclamation that designates the week of September 17-23, 2013, as "Constitution Week" in the Town of St. John. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (4/0).

NEW BUSINESS:

A. UPDATE ON E-911 CONSOLIDATION

Mr. Forbes stated that the E-911 consolidation issues were discussed by the Council two weeks ago. He stated there has been substantial discussion since that time, information has been shared with everybody, and there has been positive feedback.

Mr. Forbes informed the Council that there was a meeting with the E-911 Consolidation Executive Board earlier today. He opined that discussions have reached a point where a Memorandum of Understanding should be drafted and sent out in order to see which entities would be willing to sign the same. Mr. Forbes asked the Councilmen if they had any questions, comments or concerns.

Mr. Barenie expressed his appreciation for the efforts of Mr. Forbes, Mr. Kil and Attorney Austgen in handling the issues related to the E-911 Consolidation.

(General discussion ensued.)

Attorney Austgen recommended Mr. Forbes reiterate his primary objectives related to the E-911 Consolidation project. Mr. Forbes stated he is very concerned about loss of the Town's levy. He noted that the Town has just been released from a levy freeze only to have to turn around and part with a significant amount of levy for the E-911 Consolidation operating costs. He opined that it would be extremely unlikely that any of the levy monies would ever be returned to the Town. Mr. Forbes stated that this same concern has been voiced by other communities.

Mr. Forbes noted that the State has designated two PSAPs for Lake County. He stated that Lake County is proposing one operating PSAP site and a dark site. He explained that the dark site would be a building outfitted as a PSAP center, but unstaffed and locked. Mr. Forbes stated that the Town's position is that the two PSAPs designated for Lake County are both live and serve as back-ups to each other.

Mr. Kil stated that the Town's proposal of two PSAP centers would meet the fundamental principles of consolidation in that two PSAP centers would be both cost effective and efficient. He stated that the Town is trying very hard to accomplish establishment of two PSAP centers in Lake County.

There was no further discussion. Mr. Forbes asked for a motion to authorize Attorney Austgen's drafting of a Memorandum of Understanding for the Council's review. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0).

B. SUNCREST CHRISTIAN CHURCH – VARIANCE OF USE FOR THE CONSTRUCTION OF A SPORTS COURT (FAVORABLE RECOMMENDATION FROM THE BOARD OF ZONING APPEALS).

Mr. Forbes stated that the Board of Zoning Appeals has forwarded to the Council a favorable recommendation of a request for a variance of use for the construction of a sports court at the Suncrest Christian Church. He noted that there are a few contingencies attached to the favorable recommendation.

A representative of the Suncrest Christian Church appeared before the Council. He stated that the church's parking lot currently serves as a basketball court. The representative stated that due to additional church services, the parking lot will no longer be available for basketball.

The church representative is proposing the construction of a multi-purpose concrete pad. He stated that the church has no intention of installing lighting or permanent basketball hoops. He stated he would like to put a picnic table out on the concrete pad so that church staff can use it.

Mr. Forbes stated he would entertain a motion to approve Suncrest Christian Church's request for a variance of use in order to construct a sports court. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0).

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:

Mr. Volk had nothing to report. Mr. Bustamante had nothing to report. Mr. Barenie had nothing to report.

Mr. Forbes noted that there are three soccer fields located within the Gates of St. John with the potential for a fourth soccer field there. He stated it has been suggested that the fourth field will be deeded to the Town. Mr. Forbes stated that the Council should consider the costs of paving the soccer fields.

(General discussion ensued.)

Mr. Forbes informed the Council that the costs, including equipment and labor, to grade the entire fourth soccer field and cut-out the parking lots would be $35,000.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to authorize work on St. John Soccer Field #4 and parking lots for $35,000 to Dyer Construction. "So moved," by Mr. Barenie. Mr. Barenie seconded the motion. The motion was carried by voice vote (4/0).

CLERK-TREASURER:
Ms. Sury had nothing to report.
ATTORNEY'S REPORT:
Attorney Austgen had nothing to report.
TOWN MANAGER:
Mr. Kil had nothing further to report.
STAFF:
Chief Willman had nothing to report.

Chief Frego had nothing to report.

PUBLIC COMMENT:

Mr. Forbes opened the floor for public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes asked for a motion to adjourn the meeting. Mr. Bustamante made a motion to adjourn the meeting. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (4/0).

(The meeting was adjourned at 8:36 p.m.)

A TRUE COPY

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

09-26-2013 Town Council

September 26, 2013 Town Council Meeting Minutes

Michael Forbes, President Mark Barenie Attorney David Austgen
Larry Bustamante, Vice-President Ken Gembala Sherry Sury, Clerk-Treasurer
Gregory Volk   Steve Kil, Town Manager

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for September 26, 2013, at 7:16 p.m. Mr. Forbes asked the Council members and audience to remain standing after the Pledge of Allegiance to observe a moment of silence for Mr. Peter Monix.

(The Pledge of Allegiance was said.)

(A moment of silence was observed.)

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Ken Gembala, Mark Barenie and Larry Bustamante. Gregory Volk was absent. Staff members: Steve Kil. Attorney Austgen was present. Chief Frego was present. Chief Willman was present. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was present. (Chief Willman temporarily left the meeting.)

APPROVAL OF MINUTES: AUGUST 22, 2013, TOWN COUNCIL MEETING

Mr. Forbes stated he would entertain a motion to approve the meeting minutes from the August 22, 2013, Town Council meeting. He asked if there were any changes, additions or deletions. Mr. Gembala noted one change to the meeting minutes. A misspelling of the last name Reveir, which should be spelled "R-E-V-O-I-R." This change was duly noted by the recording secretary.

Mr. Forbes stated he would entertain a motion on the August 22, 2013, meeting minutes, with the aforementioned change, provided by Susan E. Wright. "So moved," by Mr. Gembala. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0).

(Chief Willman re-entered the room.)

PUBLIC HEARING:

A. Ordinance #1574, an ordinance establishing the 2014 municipal budget;
Ordinance #WD-76, an ordinance establishing the 2014 Waterworks District Budget;
Ordinance #SD-109, an ordinance establishing the 2014 Sanitary District Budget.

Mr. Forbes announced that a public hearing was set for tonight regarding the Town's municipal budget, Waterworks District budget and the Sanitary District budget. He asked Attorney Austgen if the notices were in order.

Attorney Austgen stated that he had reviewed the Publisher's Affidavits and noted that proper advertisement and timely publication was made of the Notice of the Budget Hearings in The Times and the Post-Tribune and the public hearing may be properly held.

Mr. Kil informed the Council that Mr. Karl Cender was present at tonight's hearing with a summary of the 2014 budget. Mr. Karl Cender, financial advisor for the Town of St. John, appeared before the Council. He had submitted a budget summary for 2014 to the Council.

Mr. Cender informed the Council that the General Fund is proposed at $4,643,655.00 which is an approximate $410,000 increase over 2013. Mr. Cender stated that the other Town budget funds are in the amount of $5,715.612, an approximate increase of $621,000. He explained the $621,000 increase was due to two new funds being established for the 2014 budget, one fund for the county income tax and one fund for Public Safety.

Mr. Cender stated that the 2014 budgets have also factored in a 3% salary increase for Town employees. He stated that the Waterworks District operating budget for 2014 is $326,773, and the Sanitary District's operating budget for 2014 is $410,960. All of the aforementioned figures are outlined on Page 1 of Mr. Cender's budget summary handout.

Mr. Cender informed the Council that with the passage of the county income tax, the property tax freeze has been lifted; this will result in an increased maximum levy of 2.6% in 2014, all of which is outlined on Page 2 of Mr. Cender's budget summary handout.

Mr. Cender stated he would be happy to answer any questions. There were no questions from the councilmen. Mr. Forbes stated he would open the floor for public hearing for comments on the three municipal budgets. He called for public comment. There was no public comment. Mr. Forbes closed the public hearing and brought the matter back before the Council.

Mr. Forbes noted that there would be three separate actions on the budgets. He stated he would entertain a motion to consider Ordinance #1574, on first reading only. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0).

Mr. Forbes stated he would entertain a motion to consider Ordinance #WD-76 on first reading only. "So moved," by Mr. Barenie. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0).

Mr. Forbes stated he would entertain a motion to consider Ordinance #SD-109 on first reading only. "So moved," by Mr. Gembala. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0).

(General discussion ensued.)

The ordinances will be on the agenda for adoption at the next meeting in October.

NEW BUSINESS:

A. CONSIDER ORDINANCE #1575, AN ORDINANCE AUTHORIZING THE EXTENSION OF THE REFUSE AND RECYCLING CONTRACT FROM ALLIED WASTE.

Mr. Forbes stated that there has been significant discussion on the extension of the contract with Allied Waste for refuse and recycling. He stated that the final draft resolution agreement is now before the Council for their consideration. Mr. Forbes asked if there were any questions or comments on this matter. He noted the extension is for five years.

Attorney Austgen noted that the resolution is based upon a proposal submitted to and accepted by the Council from James Metros of Republic.

Mr. Forbes stated he would entertain a motion to consider Ordinance #1575 on first reading. "So moved," by Mr. Bustamante. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0).

Mr. Forbes stated he would entertain a motion to adopt Ordinance #1575. "So moved," by Mr. Gembala. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0).

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:

Mr. Forbes wanted to know what action needed to be taken to lower the rates for residents now that the Town has entered into the extension agreement with Allied Waste.

(General discussion ensued.)

Attorney Austgen recommended that the Council adopt an ordinance that would lower the refuse rates for the residents. Attorney Austgen explained that the ordinance was drafted consistent with the contract terms.

(General discussion ensued.)

Attorney Austgen recommended that the Council amend Ordinance #1575 to declare that the new lower amount will commence at the next billing cycle.

Mr. Barenie made a motion to amend Ordinance #1575 to include the rate change to take effect on the billing cycle September 15 to October 15, 2013, pursuant to the new contract. "So moved," by Mr. Bustamante. The motion was carried by voice vote (4/0).

Mr. Forbes asked the councilmen what their stance was on E-911 consolidation and sending out the Memorandum of Understanding that would outline and discuss their participation with other communities in the PSAP program. Mr. Barenie stated he would like to move forward with this matter.

Attorney Austgen recommended that a motion be solicited to amend the agenda to add this matter so it could be properly acted upon. Mr. Forbes asked for a motion to amend the agenda to add discussion on the Memorandum of understanding on the E-911 consolidation. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0).

Mr. Forbes noted that that next logical step would be to send out the Memorandum of Understanding to the surrounding communities in order to ascertain which communities would be willing to participate in the same. He stated he would entertain a motion to authorize delivery a Memorandum of Understanding to surrounding communities and that the Town of St. John participates in the Memorandum of Understanding. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0).

Mr. Forbes stated that the Prairie West (CDBG) project is finished, and he noted that many people are using the bike trail. Mr. Forbes noted that the sidewalk on Bingo Lake Road project will be starting shortly, and the Larimer ditch project is progressing nicely. Mr. Forbes remarked that the Civic Park pavilion is finished and looks very good.

Mr. Gembala thanked the Police and Fire Departments for the fine effort and their escort for former Public Works Director, Mr. Pete Monix, at his funeral service. Mr. Bustamante commented he would be sorely missed. Mr. Forbes noted Mr. Monix was the foundation of the infrastructure of St. John.

Mr. Gembala stated that Mr. Monix was solely responsible for the major league baseball field being fenced and the installation of two softball fields. He stated Monix solicited volunteers to work and donate materials to get these fields in order back in the 1990s when the Park Department had no funds. Mr. Gembala remarked that this was just one instance of Mr. Monix's good works for the community of St. John.

Mr. Bustamante had nothing further to report. Mr. Barenie had nothing to report.

CLERK-TREASURER:
Ms. Sury had nothing to report.
ATTORNEY'S REPORT:
Attorney Austgen had nothing to report.
TOWN MANAGER:
Mr. Kil asked the Council if they had any objection to placing Mr. Monix's name plaque back on the Water Treatment plant.

(General discussion ensued.)

The councilmembers had no objections to the plaque being replaced on the building. Mr. Gembala made a motion to place Mr. Monix's plaque on the Water Treatment plant. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0).

STAFF:
Chief Willman delivered the August, 2013, monthly activity report from the Fire Department.

Chief Frego delivered the Police Department's monthly activity report covering August 1-31, 2013. Chief Frego informed the Council that the Police Department will be conducting agility tests to the 40 eligible applicants; a written test will follow. The Public Safety building open house is set for October 6, 2013.

PAYMENT OF BILLS:

Mr. Forbes noted that the docket amount was amended to include all of the annexation costs that were discussed earlier. Ms. Sury concurred. She noted different APV numbers were used for the different funds. She stated the amended total was $1,163,573.33.

Mr. Bustamante made a motion to pay the bills as amended, excluding Voucher No. 8613. Mr. Forbes noted that Voucher No. 8613 was in the amount $280. Mr. Forbes noted that the APVs to be paid were 8477 through 8709 excluding Voucher No. 8613. "So moved," by Mr. Bustamante. Mr. Barenie seconded the motion. The motion was carried by voice vote (4/0)

PUBLIC COMMENT:

Mr. Forbes opened the floor for public comment. He called for public comment.

An unidentified audience member told the Council that the meetings should be louder. Mr. Forbes called for additional public comment. There was no further public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes asked for a motion to adjourn the meeting. Mr. Barenie made a motion to adjourn the meeting. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (4/0).

(The meeting was adjourned at 8:50 p.m.)

A TRUE COPY

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

10-10-2013 Town Council

October 10, 2013 Town Council Meeting Minutes

Michael Forbes, President Mark Barenie Attorney David Austgen
Larry Bustamante, Vice-President Ken Gembala Sherry Sury, Clerk-Treasurer
Gregory Volk   Steve Kil, Town Manager

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for October 10, 2013, at 7:01 p.m.

(The Pledge of Allegiance was recited.)

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Larry Bustamante, Gregory Volk and Ken Gembala. Mark Barenie was absent. Staff members: Steve Kil. Attorney Austgen was present. Chief Frego was present. Chief Willman was present. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was present.

NEW BUSINESS:

A. ORDINANCE #1576, AN ORDINANCE AMENDING ORDINANCE #1575, PROVIDING FOR THE EXTENSION OF THE REFUSE AND RECYCLING CONTRACT.

Mr. Forbes stated that Ordinance #1576 was an ordinance amending Ordinance #1575, providing for the extension of the Refuse and Recycling Contract, and now before the Council for action. Mr. Forbes stated that the ordinance's purpose was to address the discussion the Council had at the end of their last meeting. The Council, at that time, discussed a rebate/refund to residents who use the refuse/recycling service. It was determined that residents were eligible for a rebate/refund (retroactive to May) after a price adjustment was agreed upon within the contract extension with Republic.

Mr. Forbes stated that Ordinance #1576 encompasses the refund/rebate. He explained that residents using the refuse/recycling service will receive free refuse/recycling service in the month of December. Attorney Austgen concurred; he stated that Ordinance #1576 will provide a fee waiver reimbursement benefit to the Town's residents.

(General discussion ensued.)

Ms. Sury stated that the November refuse bill will reflect the price adjustment amount, and the December 1, bill will be the ‘no charge' bill. She explained that a concise message will be placed on the bottom of the water bill so that the residents are informed and understand the billings.

Mr. Gembala made a motion to consider Ordinance #1576. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0).

Mr. Forbes stated he would entertain a motion to adopt Ordinance #1576. "So moved," by Mr. Volk. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0).

B. CONSIDER APPROVAL OF SETTLEMENT AGREEMENT WITH HENRY WALTER HOLDINGS, LLC

Mr. Forbes stated the next matter before the Council was to consider approval of the settlement agreement with Henry Walter Holdings, LLC. He explained that the agreement relates to Units 11 and 12 in the Gates of St. John and the agreement requires that outstanding improvements on these units be completed.

Attorney Austgen explained to the Council that the agreement relates to Units 11 and 12 is an agreement with the significant property owner of aforementioned units for payment and tender of the performance surety. He stated that this agreement requires completion of the infrastructure improvements required by the Town's plat approval process and as set forth by the Plan Commission. Attorney Austgen stated that this agreement has been undertaken by the successor owner of Units 11 and 12.

(General discussion ensued.)

Attorney Austgen stated that the agreement includes a performance surety that was determined to be $356,000 and with the appropriate amount of contingency.

Mr. Gembala made a motion to approve the proposed agreement. Mr. Volk seconded the motion.

(General discussion ensued.)

Mr. Forbes summarized an amended motion on the Henry Walter Holdings, LLC agreement as follows: a motion to approve the proposed agreement and authorizing the Town Council President, Michael Forbes, to confirm that the agreement and proper documentation is in place. "So moved," by Mr. Gembala. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0).

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:

Mr. Gembala mentioned a recent Public Works project that closed one of the Town's arterial roads for approximately three days. He stated that a heavy volume of arterial traffic was funneled through three local streets for those three days and caused speed safety issues. Mr. Gembala stated that he monitored this problem along with the Police Department and a number of tickets were issued.

Mr. Gembala opined that this scenario will likely happen again as issues crop up. Mr. Gembala proposed that the Council authorize Mr. Kil to purchase some temporary speed bumps that can be used by the Town, Public Works and the Police and Fire Departments for a variety of purposes including slowing traffic when road work is being done, water main breaks or any hazardous situations that may arise.

(General discussion ensued.)

Mr. Gembala made a motion to authorize Town Manager, Steve Kil to purchase two speed 12' speed bumps. Mr. Kil stated that $2,000 would cover the costs of the speed bumps and signs. Mr. Volk seconded the motion. The motion was carried (3/1). Mr. Bustamante opposed the motion.

Mr. Volk had nothing to report.

Mr. Bustamante complimented Mr. Forbes and Mr. Kil on the E-11 presentation that they gave on Wednesday, October 9. Mr. Bustamante stated that they were very well-prepared after having spent so much time gathering details for their presentation.

(General discussion ensued.)

Mr. Forbes stated that he and Mr. Kil will be meeting with representatives from the Town of Dyer on Tuesday, October 15, 2013, at 6:00 p.m. He mentioned that he would like to keep all of the councilmen current on the status of the E-911 discussions. He recommended that the councilmen rotate attending the meetings when possible. Mr. Volk stated he would attend the upcoming meeting in Dyer. Mr. Forbes opined that it is important for the Council to show solidarity on the E-911 Consolidation.

Attorney Austgen noted that there is no limitation on the number of councilmen who can attend a public hearing. He stated that there is no law that would prohibit the entire Council, if they were so inclined, from attending meetings of another legislative body and/or public hearing.

(General discussion ensued.)

Mr. Forbes stated that the Council has briefly discussed the interlocal agreement sent out by Lake County. He stated that he wanted to clarify a few points. First, that the interlocal agreement was sent out by the E-911 Commission but not approved by the E-911 Commission. He stated that no vote at all was taken by the E-911 Commission on the interlocal agreement. Mr. Forbes stated that the interlocal agreement was authorized for distribution only.

Mr. Forbes stated that the interlocal agreement has been thoroughly reviewed and he has found several problems with it. He stated there will be a continued review of the interlocal agreement. Mr. Forbes, speaking for himself, opined that the way the interlocal agreement is now written, he would not be able to support a majority of the plans as outlined in the joint interlocal agreement.

Mr. Forbes stated that the volunteer's at this year's Lake Hills Haunted House are doing a phenomenal job. He stated he has heard nothing but praise for the volunteers. Mr. Forbes informed the Board that on Saturday night Chicago's b96 radio station will be broadcasting live from the Lake Hills Haunted House. He stated he anticipates a good turnout.

(General discussion ensued.)

CLERK-TREASURER:
Ms. Sury had nothing to report.
ATTORNEY'S REPORT:
Attorney Austgen had nothing to report.
TOWN MANAGER:
Mr. Kil had nothing further to report.
STAFF:
Chief Willman had nothing to report.

Chief Frego had nothing to report.

Mr. Forbes complimented Chiefs Frego and Willman for a great job on the Public Safety open house. He stated that the residents appreciated being able to see all of the new technology, especially the thermal camera on the squad car.

Mr. Gembala recommended that the Councilmen go over to the Fire Department and see for themselves the new hydraulic cots that were purchased.

PUBLIC COMMENT:

Mr. Forbes opened the floor for public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to 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 carried by voice vote (4/0).

(The meeting was adjourned at 7:21 p.m.)

A TRUE COPY

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

10-24-2013 Town Council

October 24, 2013 Town Council Meeting Minutes

Michael Forbes, President Mark Barenie Attorney David Austgen
Larry Bustamante, Vice-President Ken Gembala Sherry Sury, Clerk-Treasurer
Gregory Volk   Steve Kil, Town Manager

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for October 24, 2013, at 7:11 p.m. He announced that Boy Scout Troop 561 would perform a flag ceremony. Boy Scout Troop 561 performed a flag ceremony.

(The Pledge of Allegiance was said.)

A young man from the Boy Scout troop, unidentified, appeared before the Council. He stated that he lives on West 101st Avenue, east of Claremonte Ridge subdivision, west of Cline Avenue and next to the Gates of St. John. The young man stated that his street is a mess and needs to be fixed.

The young man stated that his road has been in disrepair for several years. He stated that there are potholes, dips, bumps, cracks and no visible center, yellow line, all of which makes the road dangerous. The young man had pictures on his laptop computer to show the Council.

(Councilmen looking at pictures.)

The road in disrepair was described as an approximate one mile section where Joliet Street ends all the way to Cline Avenue. Mr. Forbes stated that he was familiar with this road.

(General discussion ensued.)

Mr. Forbes stated he appreciated the young man's concern with regard to the road condition. He noted that there is a great deal of work going on in this area at the present time. Mr. Forbes stated that the Town is working with the developers of the Gates of St. John and Renaissance subdivisions, those developers being responsible for repairing the road. Mr. Forbes explained that there is going to be a reconfiguration of Parrish Avenue, at which time, the needed repairs will be made to 101st Avenue.

Mr. Forbes stated possibly by next spring significant repairs/improvements will have been made to 101st Avenue. Mr. Forbes thanked the young man for his report.

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Gregory Volk and Mark Barenie. Larry Bustamante and Ken Gembala were absent. Staff members: Steve Kil was absent. Attorney Austgen was present. Chief Frego was present. Chief Willman was absent. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was present.

Mr. Forbes reported that Mr. Gembala had family matters to attend to tonight, and Mr. Bustamante was currently in Indianapolis for job training.

APPROVAL OF MINUTES: SEPTEMBER 12 AND SEPTEMBER 26, 2013, TOWN COUNCIL MEETINGS.

Mr. Forbes stated he would entertain a motion to approve the meeting minutes from the September 12 and September 26, 2013, Town Council meetings. He asked if there was any discussion on the aforementioned meeting minutes. There was no discussion.

Mr. Forbes stated he would entertain a motion to approve the Town Council meeting minutes of September 12, and September 26, 2013, as submitted by Susan E. Wright. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

NEW BUSINESS:

A. ORDINANCE #1574, AN ORDINANCE ESTABLISHINNG THE 2014 MUNICIPAL BUDGET, ORDINANCE #WD 76, AN ORDINANCE ESTABLISHING THE 2014 WATERWORKS DISTRICT BUDGET, AND ORDINANCE #SD 109, AN ORDINANCE ESTABLISHING THE 2014 SANITARY DISTRICT BUDGET.

Mr. Forbes stated that at the last Council meeting a public hearing was conducted for the 2014 municipal budget, the Waterworks District budget and the Sanitary District budget. He stated tonight would be second reading on the aforementioned ordinances and budgets. Mr. Forbes asked if there were any questions or comments on the budgets. There were no questions or comments from the councilmen.

Mr. Forbes stated he would entertain a motion to approve Ordinance #1575, Ordinance #WD 76 and Ordinance #SD 109. "So moved," by Mr. Volk. Mr. Barenie seconded the motion. The motion was carried by voice vote (3/0).

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:

Mr. Forbes requested reports or correspondence. Mr. Volk had nothing to report. Mr. Barenie had nothing to report.

Mr. Forbes stated, on behalf of Mr. Bustamante, he wanted to request a budget increase for the upcoming Festival of Lights. He stated that the Festival of Lights is a yearly event, which has been held for the last eight or nine years. Mr. Forbes stated that Mr. Bustamante has taken the Festival of Lights project under his wing, and is requesting that the Council add an additional $10,000 to this year's budget.

Mr. Forbes explained that this money will be used to revamp the inside of the pavilion and to purchase and/or replace decorations. Mr. Forbes noted that last year repair/replacements were made to the exterior lighting on the pavilion. Mr. Barenie stated that most of the décor used in the pavilion has been used since the inception of the Festival of Lights, eight to nine years ago. Mr. Barenie agreed that the time has come to invest in some new equipment.

Mr. Forbes stated that he would entertain a motion to approve the request to authorize $17,500 (a $10,000 increase) for the 2013 budget for the Festival of Lights. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

(General discussion ensued.)

Mr. Forbes requested an amendment to the motion, the motion should include authorization to the use of Haunted House festival funds for the Festival of Lights budget. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was carried by voice vote. (3/0).

Mr. Forbes stated he had a letter in his possession from Jason Dravet. Mr. Forbes stated that Mr. Dravet's letter is requesting permission to dispose of "old and/or broken," equipment that is worthless and has no cash value. Mr. Dravet is requesting permission to dispose of six computers and one printer (serial numbers included) into the Public Works recycling bin.

(General discussion ensued.)

Mr. Forbes requested a motion to authorize disposal of the items as listed in the letter from Jason Dravet. "So moved," by Mr. Volk. Mr. Barenie seconded the motion. The motion was carried by voice vote (3/0).

Mr. Forbes asked Chief Frego for an update on the E-911 Consolidation. Chief Frego stated that the E-911 Commission met this morning and the Commission is going to re-evaluate each unit's independent expenses. Chief Frego informed the Council that the October 29, 2013, E-911 Consolidation meeting has been cancelled because the interlocal agreement that was to be presented is not ready yet. Chief Frego stated a new, detail oriented questionnaire came out at today's meeting.

(General discussion ensued.)

Chief Frego informed the Council that the RFP that is currently being worked on and will be released on November 4, 2013.

CLERK-TREASURER:
Ms. Sury had nothing to report.
ATTORNEY'S REPORT:
Attorney Austgen had nothing to report.
TOWN MANAGER:
Mr. Kil was absent.
STAFF:
Chief Frego delivered the Police Department's monthly activity report covering September 1-30, 2013.

Chief Willman was absent. Mr. Forbes read Chief Willman's report of September 1-30, 2013, into the record.

PAYMENT OF BILLS:

Mr. Forbes noted that payment of bills was before the Council for their consideration. He asked if there was any discussion on the bills. There was no discussion.

Mr. Barenie made a motion to pay the bills, Vouchers 8710 through 8954 excluding Voucher 8852 in the amount of $280. The total amount of the bills is $1,443,970.36, after deducting $280. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

PUBLIC COMMENT:

Mr. Forbes opened the floor for public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes stated he would entertain a motion to adjourn the meeting. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

(The meeting was adjourned at 7:36 p.m.)

A TRUE COPY

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

 

11-21-2013 Town Council

November 11, 2013 Town Council Meeting Minutes

Michael Forbes, President Mark Barenie Attorney David Austgen
Larry Bustamante, Vice-President Ken Gembala Sherry Sury, Clerk-Treasurer
Gregory Volk   Steve Kil, Town Manager

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for November 21, 2013, at 7:29 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Gregory Volk and Larry Bustamante. Mark Barenie and Ken Gembala were absent. Staff members: Steve Kil was present. Chief Frego was present. Chief Willman was present. Chip Sobek was absent. Attorney Austgen was present. Recording Secretary, Susan E. Wright, was present.

APPROVAL OF MINUTES: OCTOBER 24, 2013, TOWN COUNCIL MEETING.

Mr. Forbes stated he would entertain a motion to approve the meeting minutes from the October 24, 2013, Town Council meeting. Mr. Forbes noted that Mr. Bustamante was absent from the October 24, 2013, meeting.

Mr. Bustamante made a motion to defer the meeting minutes from October 24, 2013. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

RECOGNITION OF FLAG FOOTBALL TEAMS NATIONAL FLAG FOOTBALL LEAGUE

ST. JOHN TITANS (PRESCHOOL, KINDERGARTEN AND FIRST GRADE – STATE CHAMPIONSHIP

Mr. Forbes noted that the St. John Titans, consisting of preschool, kindergarten and first grade, won the state championship for the National Flag Football League.

ST. JOHN TEXANS (SECOND AND THIRD GRADE) - SECOND PLACE

Mr. Forbes noted that the St. John Texans, consisting of second and third graders, were second place winners.

ST. JOHN GIANTS (FOURTH, FIFTH AND SIXTH GRADES) – FIRST PLACE

Mr. Forbes noted that the St. John Giants, consisting of fourth, fifth and sixth grades, came in first place. He noted that these teams are on the Town's Park program teams.

Mr. Kil stated that the teams went to Indianapolis and won these awards. Mr. Forbes commented that these accomplishments speak volumes about the children who participated and excelled in the Parks Department Flag Football League program.

PUBLIC HEARING:

A. CONSIDER RESOLUTION #13-11-21, A RESOLUTION FOR AN ADDITIONAL APPROPRIATION
Mr. Forbes stated the next item on the agenda was a Public Hearing to consider Resolution #13-11-21, a resolution for an additional appropriation. Attorney Austgen stated that the The Times and the Post-Tribune publications for Notice of Public Hearing for Resolution #13-21-21 were timely made on November 8, 2013. Attorney Austgen stated that the Public Hearing was properly advertised and could be properly conducted tonight.

Mr. Forbes asked Ms. Sury to explain Resolution #13-11-21. Ms. Sury stated that NBH is the only tax-based fund on the additions, the other three funds are from the Town's other revenue. Ms. Sury explained to the Council that there is money in the fund but not in the appropriation, and that is why a request is being made for additional appropriation. She informed the Council that once they approve Resolution #13-11-21, it must be forwarded to DLGF by December 16, 2013.

Mr. Forbes asked if there were any questions on these transfers. There were no questions from the councilmen. Mr. Forbes asked what the reason was for the transfer of the Park Impact Fee. Ms. Sury stated that Mr. Chip Sobek, Bev and Mr. Steve Kil would know more about the Park Impact Fee than she does.

(General discussion ensued.)

Mr. Forbes opened the floor for the public hearing on Resolution #13-11-21. He called for public comment on the additional appropriation. There was no public comment. Mr. Forbes closed the public hearing and brought the matter back before the Council for action.

Mr. Forbes asked if there were any questions on Resolution #13-11-21. There were no questions from the councilmen. Mr. Forbes stated he would entertain a motion to adopt Resolution #13-11-21. "So moved," by Mr. Volk. Mr. Bustamante seconded the motion. The motion was carried by voice vote (3/0).

NEW BUSINESS:

A. ORDINANCE #1577, AN ORDINANCE ESTABLISHINNG THE 2014 SCHEDULE OF WAGES AND SALARIES FOR EMPLOYEES, FIRE AND POLICE PERSONNEL AND TOWN OFFICIALS.

Mr. Forbes noted that Ordinance #1577 was next on the agenda for the Council's consideration. He stated that Ordinance #1577 is an ordinance establishing the 2014 schedule of wages and salaries for the employees, fire and police personnel and Town officials. Mr. Forbes explained that the ordinance will establish that the employees will receive a two percent (2%) raise along with the two retirees.

(General discussion ensued.)

Mr. Forbes noted there is no raise for elected officials. Mr. Kil concurred. Mr. Forbes noted that language was incorporated for the Fire Department. Mr. Kil explained that in conferring with Chief Willman, a battalion chief was given a one-dollar ($1.00) an hour raise. He explained it is considered a stipend and would serve in that capacity. Mr. Kil stated that this would apply to full time employees.

(General discussion ensued.)

Mr. Kil stated that all salaries for Board officials and recording secretaries will remain the same. Mr. Forbes asked if there were any questions. The councilmen had no questions.

Mr. Forbes stated he would entertain a motion to consider Ordinance #1577 on first reading. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

Mr. Forbes stated he would entertain a motion to adopt #1577. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

B. CONSIDER AUTHORIZATION OF CHRISTMAS EVE AS A HOLIDAY

Mr. Forbes stated that the next matter for the Council's review and consideration is authorizing Christmas Eve as a holiday. Mr. Forbes noted that the Council generally authorizes Christmas Eve as a holiday every year. He noted the question is whether or not Christmas Eve will be a paid holiday for the employees. Mr. Kil concurred. Mr. Kil stated that it has been the policy of the Town to grant Christmas Eve as a paid holiday.

Mr. Kil informed the Council when the Town's new personnel policy is complete, Christmas Eve should be included in the schedule of holidays so that the matter does not have to come before the Council every year.

Mr. Forbes stated he would entertain a motion to authorize Christmas Eve as a paid holiday for employees. "So moved," by Mr. Volk. Mr. Bustamante seconded the motion. The motion was carried by voice vote (3/0).

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:
Mr. Forbes moved on to reports or correspondence.

Mr. Bustamante informed the Council that the pavilion Christmas decorating is going well, "slowly but very nice." He stated that the Town's children will love it. Mr. Bustamante stated that the Festival of Lights starts on November 29, 2013, when Santa Claus comes to Town via fire truck.

Mr. Bustamante announced that the Festival of Lights starts at 6:00 p.m. and Santa will arrive at 7:00 p.m. Fireworks are scheduled for just before 7:00 p.m. and will herald Santa's arrival. He stated that Santa will be at the pavilion from 7:00 p.m. to 10:00 p.m. or until all of the children who wish to visit with him have done so.

(General discussion ensued.)

Mr. Forbes stated that he has observed a lot being accomplished at the pavilion and a great job is being done.

(General discussion ensued.)

Mr. Volk asked if there are plans to advertise for positions on the Town's boards and commissions for the year 2014. He asked if there was a current list. Mr. Kil stated that he had submitted to the councilmembers a list of potential appointees for the Town's board and commissions not too long ago.

(General discussion ensued.)

Mr. Kil noted if the newspaper reporter were so inclined, an article could be published in The Times that the Town of St. John will be accepting applications for various boards and commissions. Mr. Kil stated a deadline of December 31, 2013 could be set.

(General discussion ensued.)

Attorney Austgen recommended a Monday, December 30, 2013, deadline, the day of the Council's year-end meeting. He stated if the applications were submitted by that time the Council could possibly begin their review of the same.

A date of Friday, December 27, 2013, was slated as the cut-off date for submitting applications to fill a vacancy on one of the Town's boards and commissions. Mr. Kil stated he would place the application on line so that it could be downloaded, or alternatively, applications can be picked up at the Town manager's or Clerk-Treasurer's office.

Mr. Forbes stated he was handed a Request to Purchase (RTP)to BT Video Systems. He stated this item will be used to repair the Town's camera system in the pavilion at Prairie West Park. Mr. Forbes stated that Mr. Dravet informed him that various these items need to be purchased to restore the camera system. He stated that RTP is in the amount of $1,047.00. Mr. Kil stated that this is an invoice that needs to be paid.

Mr. Kil noted that some things are running behind due to the docket being moved ahead. Mr. Forbes asked if there was a motion to pay the BT Video Systems bill of $1,047.00. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

Mr. Forbes stated that he received a request for payment from Ms. Susan Wright in the amount of $280.00. Mr. Forbes noted that the invoice was for the three meetings on October 24, 2014, and a BZA meeting on August 28, 2013, for a total of $280.00. Mr. Forbes asked if there were any questions. The councilmen had no questions.

Mr. Forbes stated he would entertain a motion to authorize payment of $280.00. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

Mr. Forbes announced that the Haunted House is closed for the season. He presented information from the closing report of the event. Mr. Forbes informed the Council that 3,161 adults went through the Haunted House in the evenings, and 382 children attended the two "Kids Day" events. Mr. Forbes stated of the 3,161 adults approximately 100 of them never saw the exit because they found other means of leaving the Haunted House.

Mr. Forbes thanked the Haunted House volunteers who do a fantastic job every year. He stated he appreciated greatly Chief Frego and Chief Willman's presence and participation at the event. Mr. Forbes thanked all those who sold tickets to the event, Chief Frego, Mr. Kil, Mr. Bustamante and Mr. Volk. He stated he appreciated the time the ticket sellers took out of their busy schedules to perform this task.

Mr. Forbes thanked Welch's Stop & Shop who donated a case of hotdogs.

Mr. Forbes thanked Standard Bank and the individuals from the bank who helped sell tickets. Mr. Forbes stated that he is amazed at how many services Standard Bank does for the Town.

Mr. Forbes stated that the St. John Lion's Club ran the Haunted House for the "Kids Days" events. The Lion's Club also got the boy scouts and girl scouts to participate at the event. He stated all of the participation of the individuals made the "Kids Day" Haunted House a success.

Mr. Forbes stated that, generally, the Council authorizes a $500.00 donation to the Lions Club to cover the cost of their expenses. Mr. Forbes requested a motion to authorize the donation of $500.00 to the St. John Lions Club. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

Mr. Forbes stated that the total profit of the 2013 Haunted House event was $12,966.25. He stated that the advertising helped. He opined that he believes they have found the niche that was needed as far as the advertising.

Attorney Austgen asked Mr. Forbes if he would be inclined to solicit a motion to ratify the acceptance of the in-kind donation by Welch's Stop & Shop for the hotdogs. Mr. Forbes asked for a motion to ratify acceptance of the in-kind donation by Welch's Stop & Shop. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

CLERK-TREASURER:
Ms. Sury had nothing to report.
ATTORNEY'S REPORT:
Attorney Austgen had nothing to report.
STAFF:
Chief Willman delivered the Fire Department's monthly activity report covering October 1-31, 2013. Chief Willman thanked the Council for their consideration of the salary ordinance for his department.

Chief Frego delivered the Police Department's monthly activity report covering October 1-31, 2013. Chief Frego informed the Council that he attended a graduation at the NILEA Academy for the Town's newest graduating officer. The officer is now field-training. Chief Frego stated the officer placed second in academics, and second in firearms training at the academy.

Attorney Austgen recommended that Chief Frego update the Council on the Student Resource Officer at Lake Central High School. Chief Frego stated that the SRO is seeking additional advanced training, and has already completed the 40-hour mandatory SRO training. Chief Frego stated that the SRO performance is great. He stated he meets with school officials once a month along with Chief Willman.

Chief Frego stated that last Friday Detective Flores put on a cyber-bullying conference at Crown Point Christian at their request. He stated the presentation was well-received.

Attorney Austgen congratulated the police professionals for being at the forefront of the type of inter-local agreement created for the SRO. He stated that the planning and implementation of the program are beneficial to the children in the learning environment.

(General discussion ensued.)

TOWN MANAGER:
Mr. Kil presented a Settlement and Infrastructure Improvement Agreement with Centier Bank a/k/a Henry Walter Holding. He stated that he has been working several months to pull this agreement together. He stated that the agreement would complete the infrastructure improvements in the Gates of St. John, Units 11A and 12A.

Mr. Kil explained that Henry Walter is going to fund all of the outstanding improvements in the Gates of St. John, Units 11A and 12A in the amount of $356,000. He stated this would include the completion, repair, patch and surface of all of the roadways in the aforementioned units including Park Place, the installation of a sidewalk from the south point of termination of the existing sidewalk, north along Park Place to 101st then down 101st to the east.

Mr. Kil stated that the installation of a bike trail is included from the termination point on the west side of Park Place all the way north and then west to the ditch. Mr. Kil stated that the agreement includes the deeding of all of the soccer fields to the Town. He stated that all of the common areas will be deeded to Lotton Development Corporation.

(General discussion ensued.)

Mr. Kil stated the agreement would relieve Henry Walter of any future obligation of any infrastructure in Units 11A and 12A. Mr. Kil stated that the project would be finished in conjunction with Lotton Development Corporation.

Mr. Kil requested that the Town Council approve this agreement and authorize Mr. Forbes to sign the same. Mr. Kil requested that his approval of the project also be included for the property that Lotton Development will receive. Mr. Kil stated that Attorney Austgen prepared an escrow agreement. The money will be placed in escrow and paid out upon the signature of the Town's certification that the improvements have been completed and other criteria included in the agreement.

Mr. Kil stated a colored exhibit is included that identifies every improvement that is going to take place. Mr. Kil stated an executed copy of the agreement will be forwarded to the bank. Mr. Forbes stated whatever is not completed in the project this year will be finished in the spring.

Attorney Austgen recommended that the Council assign their rights and responsibilities to Lotton Development Corporation for the infrastructure improvements and completion. Attorney Austgen stated that Lotton Development has agreed to the specifications and criteria of the Town and its engineering staff, and the parameters of the improvements that are required pursuant to the Council's approvals. Mr. Kil remarked that the Town will verify completion of the improvements.

Mr. Forbes noted that the first motion would be to authorize signatures on the Settlement and Infrastructure Improvement Agreement, and authorizing Mr. Kil to sign the escrow agreement and acceptance.

Mr. Forbes asked for a motion to this effect. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

Mr. Forbes asked Attorney Austgen to repeat his request. Attorney Austgen asked the Council to consider a motion to assign the rights and responsibilities of the Town to Lotton Development Corporation for the improvements to be made under the Settlement and Infrastructure Improvement Release Agreement retaining only the authority of Mr. Kil, in his capacity as Town Manager, to authorize release of funds for payment.

Mr. Forbes asked for a motion per the recommendation of Attorney Austgen. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

PAYMENT OF BILLS:

Mr. Forbes noted that payment of bills was before the Council for their consideration. He stated the general APVs numbered 8955 through 9150 in the amount of $753,787.50. He asked if there were any questions on the bills. There was no discussion.

Mr. Forbes stated he would entertain a motion to approve the bills in the amount of $753,787.50. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

PUBLIC COMMENT:

Mr. Forbes opened the floor for public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes stated he would entertain a motion to adjourn the meeting. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

(The meeting was adjourned at 8:07 p.m.)

A TRUE COPY

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

12-12-2013 Town Council

December 12, 2013 Town Council Meeting Minutes

Michael Forbes, President Mark Barenie Attorney David Austgen
Larry Bustamante, Vice-President Ken Gembala Sherry Sury, Clerk-Treasurer
Gregory Volk   Steve Kil, Town Manager

CALL TO ORDER:

Mr. Forbes called to order the regular meeting of the Town Council for December 12, 2013, at 7:09 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Larry Bustamante, Gregory Volk and Ken Gembala. Mark Barenie was absent. Staff members: Steve Kil was present. Chief Frego was present. Chief Willman was present. Chip Sobek was absent. Attorney Austgen was present. Recording Secretary, Susan E. Wright, was present.

PUBLIC HEARING:

A. TO CONSIDER RESOLUTION #13-12-12, A RESOLUTION FOR AN ADDITIONAL APPROPRIATION

Mr. Forbes noted that the first item on the agenda was a public hearing to consider Resolution #13-12-12, a resolution for additional appropriations. Mr. Forbes asked Attorney Austgen if the proofs of publication were in order. Attorney Austgen replied that after having reviewed the Publisher's Affidavits from both The Times and the Post-Tribune, notice to the taxpayers was properly made and the publications were in evidence.

Mr. Forbes asked Ms. Sury if she had any information to share with the Council. Mr. Sury stated that an additional appropriation is being sought from the general fund. Ms. Sury informed the Council that there is money in the fund but not in the appropriation. She stated that the appropriation is needed so that payments that must be made by the end of the year can be made.

Mr. Forbes asked if there were any comments from the Council. There were no comments from the councilmen. Mr. Forbes asked Mr. Kil for his comments.

Mr. Kil informed the Council that the Town has had a very strong year. He stated that the fourth quarter reports will be ready at the end of the year. Mr. Kil stated that building permits exceeded $200,000. Mr. Kil stated that many of the projects that needed to be completed have been completed.

Mr. Forbes noted that the need for the appropriation, in part, was to pay for the additional inspector that was hired. Mr. Kil concurred. Mr. Kil stated that the Town's revenue was up and expenses have also gone up. Ms. Sury added that the appropriation would be used for the salaries and benefits of the Fire Department, Police Department and Building and Planning.

Mr. Forbes stated if there were no further comments from the Council, he would open the public hearing and take comments from the floor. Mr. Forbes opened the public hearing. Mr. Forbes called for comments from the floor. There were no comments from the floor. Mr. Forbes closed the public hearing and brought the matter back before the Council.

Mr. Forbes stated he would entertain a motion to adopt Resolution #13-12-12. "So moved," by Mr. Gembala. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0).

NEW BUSINESS:

A. CONSIDER ACCEPTANCE OF REPLACEMENT LETTER OF CREDIT CL7412LC FOR THREE SPRINGS DEVELOPMENT, INC., IN THE AMOUNT OF $319,536.80.

Mr. Forbes noted under New Business, before the Council for their review, was a replacement letter of credit, CL7412LC, for Three Springs Development, Incorporated, in the amount of $319,536.80. He noted that the replacement letter of credit was forwarded from the Plan Commission with a favorable recommendation. Mr. Forbes asked if there were any questions on the replacement letter of credit. The councilmen had no questions or comments.

Mr. Forbes stated that he would entertain a motion. "So moved," by Mr. Bustamante. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0).

B. CONSIDER 2014 AGREEMENT WITH ST. JOHN VOLUNTEER FIRE DEPARTMENT

Mr. Forbes stated that the 2014 agreement with the St. John Volunteer Fire Department was before the Council for their review. He noted, typically, the agreement is reviewed every year by the Council. Mr. Forbes stated that he has discussed this agreement with his fellow council members. He stated that the volunteer fire department is now responsible for repayment of loans related to maintenance for the training site and other matters.

Mr. Forbes stated he wanted the volunteer fire department to have peace of mind and comfort in that the Town's donation will be available for a term longer than one year. Mr. Forbes stated that he recommended that the agreement with the volunteer fire department be extended to five (5) years. He stated that as long as he has been involved with the Town, the donation to the volunteer fire department has been $10,000.

Mr. Forbes noted that costs have increased in just about everything. He stated that the volunteer fire department's maintenance costs most likely have increased. For this reason, Mr. Forbes stated he believed it necessary to increase the dollar amount that is donated by the Town to the volunteer fire department. He stated that there is no argument over the quality of service of the volunteer fire department. Mr. Forbes stated "I am constantly getting compliments on the quality and the training that occurs at the training site and training overall here in the St. John Fire Department."

Mr. Forbes stated a few of his friends who are members of the Crown Point Fire Department train at the St. John Fire Department. He stated there are nothing but compliments about the Town's volunteer fire department, the training site and the quality of service. Mr. Forbes opined that it is incumbent upon the Council to bump up the dollar amount donated to the volunteer fire department in order to preserve the quality of service into the future.

Mr. Gembala, Mr. Volk and Mr. Bustamante concurred. Mr. Forbes asked if the councilmen wished to comment. Mr. Gembala noted that the building of the training site and the maintenance of the volunteer fire department is all done by volunteers through fundraisers. He stated that the Town has donated money to the volunteer fire department in the past to help defray costs of maintenance. Mr. Gembala opined if the quality goes down on the training site the quality of the training goes down.

Mr. Volk commented that Mr. Forbes spoke for the entire council and summed up the issue succinctly. Mr. Volk thanked Chief Willman and the department for all that they have done. Mr. Gembala asked what amount Mr. Forbes was proposing to donate to the volunteer fire department.

Mr. Forbes stated that the dollar amount to be donated to the volunteer fire department has been raised to $15,000 per year, in a single payment. He stated that the money would be made available to the volunteer fire department in time for them to make their loan payment.

(General discussion ensued.)

Mr. Bustamante commented that the fire department takes great pride in everything they do for the Town; he attributed this to Chief Willman. Mr. Bustamante made a motion to approve the extended agreement with the volunteer fire department and to increase the donation to $15,000 to the volunteer fire department. Mr. Volk seconded the motion.

Mr. Forbes summarized the motion by Mr. Bustamante to approve the agreement and authorize the Town Council president to execute the same. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0).

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL:

Mr. Forbes moved on to reports or correspondence.

Mr. Gembala commented that acknowledgement and thanks should extended to Mr. Forbes and Mr. Kil for all of the work that they have done on with the E-911 issue. He stated, hopefully, the final result will save the taxpayers some money along with neighboring communities. He stated that Mr. Forbes and Mr. Kil have worked very hard to get to this point. Mr. Gembala stated their efforts have helped the Town enormously. Mr. Volk concurred. Mr. Gembala also thanked Chief Willman and Chief Frego for all of the time they have spent working on the E-911 issues.

Mr. Volk stated he had no comment.

Mr. Bustamante informed the Council that "Christmas in the Park" is going well. He stated that there has been nothing but positive feedback. Mr. Bustamante stated that there are two Saturdays left for "Christmas in the Park" and Santa will be there. He invited everyone to visit.

(General discussion ensued.)

Mr. Forbes stated he appreciated all of Mr. Bustamante's hard work on "Christmas in the Park."

Mr. Forbes informed the Council that they are still working on getting a couple of changes made on the E-911 Interlocal Agreement. He stated that when all of the issues in question have been addressed, he will bring a revised copy of the E-911 Interlocal Agreement to the Council for their review.

CLERK-TREASURER:
Ms. Sury had no report.
ATTORNEY'S REPORT:
Attorney Austgen had no report.
TOWN MANAGER:
Mr. Kil informed the Council that the Opticom System is being installed at Cline Avenue and US Route 231, Parrish Avenue and Olcott Avenue. He stated that the system should be operational by the end of the month.

(General discussion ensued.)

Mr. Kil stated that the deadline for installation for the current Opticom System project was anticipated to be the second week in January, 2014, but should completed by the end of the year, ahead of schedule. He stated the installation of the Opticom System at these intersections will complete the Opticom System project in Town for all of the signaled intersections.

Mr. Kil stated that he anticipates having a nice year-end report for the Council at the December 30, 2013, meeting. He stated he will update the Council with a list on project status. Mr. Kil stated that a lot has been accomplished in Town this past year.

STAFF:
Chief Frego extended "Happy Holidays" to the Council.

Mr. Gembala informed the Council that he ran into a school board member who told him that the school is very pleased about the Student Resource Officer.

Chief Frego added that the SRO is doing a very good job.

(General discussion ensued.)

Chief Willman thanked the Council for their consideration and the support that they have extended to the volunteer fire department for the past twenty years. Chief Willman opined that the volunteer fire department has a special relationship with the Town of St. John, which is what allows them to have a special relationship with many other firefighters. Chief Willman stated that there are not many people involved in public safety who can say they have such a positive relationship with their leadership. He thanked the Council and Attorney Austgen for all of their support.

Chief Willman stated he is pleasantly overwhelmed with the dollar amount bestowed upon the volunteer fire department from the Town. He stated that the length of the agreement is a great vote of confidence. Chief Willman stated this donation will make it easier for the department to continue to do the work they do at the training center.

PUBLIC COMMENT:
Mr. Forbes opened the floor for public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.
ADJOURNMENT:
Mr. Forbes stated he would entertain a motion to adjourn the meeting. "So moved," by Mr. Gembala. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0).

(The meeting was adjourned at 7:27 p.m.)

A TRUE COPY

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

12-30-2013 Town Council

December 30, 2013 Town Council Meeting Minutes

CALL TO ORDER:

Mr. Forbes called the meeting to order at 7:12 P.M. and led the Pledge of Allegiance.

ROLL CALL:

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

APPROVAL OF MINUTES:

October 24, 2013 Meeting: Mr. Barenie moved to approve the October 24, 2013 St. John Town Council Meeting Minutes as provided by Ms. Wright. Seconded by Mr. Volk, the motion passed with a vote of 3-0-2. Mr. Bustamante and Mr. Gembala abstained as they were absent from the October 24, 2013 meeting.

November 21, 2013 Meeting: Mr. Bustamante moved to approve the November 21, 2013 St. John Town Council Meeting Minutes as provided by Ms. Wright. Seconded by Mr. Barenie, the motion passed with a vote of 4-0-1. Mr. Gembala abstained as he was absent from the November 21, 2013 meeting.

NEW BUSINESS:

Resolution #13-12-30, a Resolution for the Encumbrance of Funds: Mr. Forbes explained this resolution was for the encumbrance of funds for road salt. Mrs. Sury stated they had to complete a purchase order for the road salt in order to comply with the State bid. There were no questions or comments regarding this resolution. Mr. Volk moved to adopt Resolution #13-12-30. Seconded by Mr. Gembala, the motion passed with a vote of 5-0.

Resolution #13-12-30A, a Resolution for the Transfer of Funds within Departments: Mr. Forbes explained this Resolution was typical end-of-the year stuff. Mrs. Sury advised her Department could not leave any line items with a minus, so they had to move the money around within each Department as specified in the appropriation. There were no questions or comments regarding any of the transfers. Mr. Gembala moved to adopt Resolution #13-12-30A. Seconded by Mr. Volk, the motion passed with a vote of 5-0.

Resolution #13-12-30B, a Resolution for the Transfer of Funds from Departments: Mrs. Sury stated this Resolution was to transfer money between Departments in the General Fund as specified by Resolution between the Council, Police, Building and Planning, and Fire. There were no questions or comments regarding this resolution. Mr. Barenie moved to adopt Resolution #13-12-30B. Seconded by Mr. Volk, the motion passed with a vote of 5-0.

Consider Approval of Project Financing Agreement with Meyers Development Corporation: Attorney Austgen explained this is the public meeting action the Council would take to enter into the project financing and project development agreement for the parcel that is located immediately south of Lake Central Plaza on the east side of Route 41, and is comprehensive in nature. There is intersection improvement contemplated across from Lake Central High School at the traffic signal, some lane improvement, and an access/frontage road to the undeveloped property east, which will result in a commercial development being made and completed by Developer Dennis Meyers and his LLC entity, with a continuation of the public road east to the property that is currently undeveloped and which abuts the railroad tracks. The property is currently unable to be developed as it has no public access and would not have such public access without a road extension. The commitment by the Town is to extend the funds in the Town's remaining TIF Account for purposes of land acquisition, and a commitment for the design, engineering, construction and completion of the road infrastructure and signal installation. The commitment of the developer is the payment to the Town, upon full execution of this agreement, of $500,000.00 and his design, construction and completion of the commercial development as presented and contained on the exhibits, as well as to proceed with the development of the residential parcel immediately east, which will be in compatible fashion to the Golden Pond project which is just north of this parcel. This provides a certainty of project activity, both commercial as frontage and residential to follow which, by the way, is text book planning as taught in all the proper places and exhibited in many successful and high quality communities, and it is in return for the participation of the developer for the signalization and the access road that could not be done otherwise.

In response to Mr. Austgen's question as to whether he left anything out, Mr. Kil stated Mr. Austgen did a great job explaining the agreement. Mr. Kil went on to state he wanted to make sure the Town Council was aware that along with this action, he wanted it understood that this agreement authorizes the Town to begin work on this (project), and to extend a Uniform Offer to Purchase, after title work is received, and consistent with the appraisals they have received. Mr. Kil stated he wanted it in the record that upon approval of this EDC Agreement, that action is also being taken by the Town Council.

Mr. Gembala stated one of the big issues here is a safety issue. There have been a number of accidents in this area due to numerous people trying to get out onto 41 without a stop light. Mr. Gembala felt bringing that road out to the stop light would help address this safety concern. Mr. Kil stated all the residents of Golden Pond, which he has spoken with, completely support this project. He stated the residents want access to a light very badly.

Mr. Austgen stated another relatively intangible aspect of this is the combined venture with the Town of Schererville for completing a quiet zone at roadways intersecting the Norfolk Southern Railroad from W. 77th Avenue south to and through W. 85th Avenue in St. John. Mr. Austgen stated actually, Mr. Kil's plans and directions to the engineer are to go through W. 93rd Avenue. However, in terms of this parcel and this project, which is the subject of this Agreement, is a commitment to and through W. 85th Avenue. The engineers are currently working on this project. There is a timetable for the end of next summer for processing completion of same, and it will be a "win-win" situation for the residents who abut the railroad and who are behind the commercial area. Mr. Austgen stated it will enhance the quality of the project, the development, and the community.

Mr. Kil commented the cost estimate is a very reasonable. The Town's commitment is 50%. Mr. Kil further stated Dennis Meyers is committed to 50%, and he has had e-mail correspondence with Mr. Meyers, wherein Mr. Meyers agrees to this. The cost will be between $12,000-15,000 each. Mr. Kil stated this amount is a lot less than he thought it was going to be. The reason this cost is lower is because W. 85th Avenue already has gates. The gates are where the money comes in.

Mr. Austgen stated there will be a need for the Redevelopment Commission to convene in January to also act on this agreement because of the TIF Funds that are being used, but this action of the Town Council will commence and initiate this project. Both the developer and his attorney have already checked off on the project. Mr. Bustamante moved to approve the Project Financing Agreement with Meyers Development Corporation. With a second by Mr. Barenie, the motion passed with a vote 5-0.

Consider Approval to "Write-Off" Uncollectable Bad Debt (Trash/Penalties $18.82): Mr. Forbes stated this is the third point of the letter from the Clerk-Treasurer, and this bad debt is for trash collection and penalties in the amount of $18.82. Mr. Gembala moved to authorize the write-off of the uncollectable bad debt in the amount of $18.82 for Trash Collection and Penalties. Seconded by Mr. Barenie, the motion passed with a vote of 5-0.

REPORTS AND CORRESPONDENCE:

Mr. Gembala commented they are now at the end of the Year, the Council has accomplished some things, and there are still other items the Council would like to accomplish. Mr. Gembala stated he felt this Board and the staff have worked together well along with the two (2) Chiefs. Mr. Gembala hopes this continues in 2014. Mr. Gembala also thanked all the department heads for their help in getting things accomplished. Mr. Volk stated he would like to echo Mr. Gembala's comments.

Mr. Bustamante commented "Christmas in the Park" went well. Everybody enjoyed it immensely, and it was a great success. Mr. Bustamante stated he would like to thank everybody that participated and helped with "Christmas in the Park."

Mr. Barenie had no reports or correspondence.

Mr. Forbes stated he would like to "ditto" the comments that were made previously. He went on to say he felt it was a great year, a lot of work was accomplished, and a few things still need to be wrapped up. Mr. Forbes continued by saying it was an extremely busy year, and a lot of projects were done. Mr. Kil advised he updated his list today, which will be sent out to the Council shortly. Mr. Kil stated there were a lot of projects with the notation "COMPLETED" on this list. Mr. Forbes stated Mr. Gembala said it best when he stated "they all work together very well and they were able to get a lot done." Again, it was a very good year, and a lot of things were accomplished for the residents. Mr. Forbes said he felt they did a great job. Mr. Kil agreed the Council did do a good job.

Mrs. Sury stated she had two (2) items for the Council. The first item was reference the meeting dates. Mrs. Sury queried whether the meeting dates were going to stay the same or not, as she needed to let the newspapers know by the first of the year. Mrs. Sury stated she was aware the Plan Commission's meeting was changed for January, but it was her understanding it would remain the same as before for the rest of the year. Mr. Forbes advised the Town Council meetings would stay the same; that being the second and fourth Thursdays of the month. Mr. Forbes advised Mrs. Sury that he did not anticipate any changes. In response to Mr. Kil's question, Mr. Forbes advised the change on the Plan Commission's meeting date was only for the January meeting, and it was due to the holidays.

Secondly, Mrs. Sury stated she had a memorandum that she would like to hand out to each of the Town Council members. The memorandum was distributed. Mrs. Sury advised the memorandum was for informational purposes only. Mrs. Sury stated for the Budget Year of 2013 appropriations, the first one was for Barbara Haralovich for Services Rendered, draft form of minutes provided to the Clerk-Treasurer for meetings of the Town Council, Waterworks and Utility Board from March 2013 through September 2013, in the amount of $1,820.00 from these three (3) appropriations. The other one is for Jeffrey Gunning, Attorney at Law, for legal services provided to herself, in the amount of $5,000.00 from the appropriations of the Clerk-Treasurer's line item. Mrs. Sury stated the appropriations and funds are remaining and are on the books for these encumbrances, and she would like this information to be on the record. Mr. Forbes thanked Mrs. Sury for this information.

Mr. Austgen had no reports. Mr. Kil thanked the Council for a great year, and stated he looked forward to another great year in 2014. There should be a lot of new development in the coming year, and he is looking forward to it.

Chief Frego wished the Council a Happy New Year and stated he is looking forward to working with the Council in 2014. Chief Frego commented it has been a good year, and he thanked the Council for all that they have done. Mr. Forbes advised Chief Frego the Council appreciates everything he has done this year. Mr. Bustamante commented "good job" to Chief Frego.

PAYMENT OF BILLS:

Payment of Bills for the Corporation: Mr. Bustamante moved to pay bills for APV's #9151 - #9342 in the amount of $1,303.313.67. Seconded by Mr. Volk, the motion passed with a vote of 5-0.

PUBLIC COMMENT:

There was no Public Comment at this meeting.

ADJOURNMENT:

Mr. Gembala moved to adjourn the meeting. Seconded by Mr. Volk, the motion passed with a vote of 5-0. Meeting adjourned at 7:30 P.M.

ATTEST:

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/s/Joan M. Gorcos
Recording Secretary

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