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Utility Board Meeting Minutes 2012

Meeting Minutes

06-28-2012 Utility Board

June 28, 2012 Utility Board Meeting Minutes

Mr. Forbes called the meeting to order at 8:04 P.M. Roll call was taken with the following members present: Michael Forbes, Member; Gregory Volk, Member, Ken Gembala, Member; Larry Bustamante, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Absent was Mark Barenie, Member.

Election of Officers

Mr. Volk nominated Mr. Forbes as President and Mr. Gembala as Vice-President. No other nominations. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.

New Business

Consider request of Grant of Right to connect to the Municipal Sewage Works system (Lake Hills Baptist Church) -
Mr. Forbes stated that this is consistent with what was discussed with the Waterworks. Mr. Kil stated that there will be the same easement and will ensure the separation is there. Discussion ensued. Mr. Gembala motioned to grant a conditional right to connection contingent on the procurement of the easement and the petitioner sign an agreement not to remonstrate against future annexation. Seconded by Mr. Volk. Motion passed with a vote of 4-0.
Consider request of Grant of Right to connect to the Municipal Sewage Works system (Ms. Marisa Snorech, 8602 Christopher Drive) –
Mr. Forbes stated that several of the residents in that area have connected, this individuals’ septic system has failed. Mr. Gembala stated that this is a two block area that is not in town and Mr. Forbes stated “yeah my favorite”. Mr. Forbes stated that the same condition of the signatures on the Grant of Right, they do not need to obtain an easement but do need to sign the waiver of remonstrance. Mr. Gembala motioned to grant the right to connect with the requirement of no remonstrance against annexation. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Reports & Correspondence

Mr. Kil asked if Attorney Austgen would address this, he stated that Ms. Sury would like something on record that would make it clear that the members of the Town Council were in fact the members of the Utility Board. He stated that the Council members had several conversations about this and Mr. Austgen is working on a memorandum. Mr. Kil thought that something in the public meeting could acknowledge that; who is on what Board. This is kind of new for everybody; he thinks it would be appropriate to do something so that it is clear. He stated he was unsure what he was asking for other than a motion to clarify.

Mr. Austgen stated that there is no need for a motion, he stated that the Indiana Code is abundantly clear that the Town legislative body may serve as the municipal utility board if it so determines to do so and you have so determined to do so in such capacity have entered into an agreement with the Sanitary Board related to these duties and functions you are permitted by Indiana Code to do this. Mr. Kil stated so it is clear to Sherry who the utility board members are. Mr. Gembala moved to have the President draft a letter so that it is in writing with the names of the members for the record. Mr. Kil stated that Mr. Austgen is in the process of doing that and Mr. Austgen stated that he is in the process of doing that. He added that the record could reflect that the Utility Board is coterminous with the Town Council and vice versa and the same membership applies.

Payment of Bills for the Wastewater (WW) Utility

APV’s #6110 - #6135 for $242,011.64 - Mr. Gembala motioned to pay Wastewater APV’s #6110 - #6135 for $242,011.64. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.

Public Comment –

None

Adjournment -

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

ATTEST

_______________________________________________
/s/ Sherry P. Sury
Clerk-Treasurer

07-26-2012 Utility Board

July 26, 2012 Utility Board Meeting Minutes

Mr. Forbes called the meeting to order at 7:20 P.M. Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, Vice-President; Gregory Volk, Member; Ken Gembala, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer. Absent was Larry Bustamante, Member.

Approval of the minutes: June 28, 2012 Special Meeting -

Mr. Volk motioned to approve the minutes of the June 28, 2012 Special Meeting. Seconded by Mr. Gembala. Motion passed with a vote of 3-0 and 1 abstention by Mr. Barenie.

New Business -

None

Reports & Correspondence -

None

Payment of Bills for the Waste Water Utility - Waste Water APV’s #6136 - #6156 for $163,263.57

Mr. Barenie motioned to approve Waste Water APV’s #6136 - #6156 for $163,263.57. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Public Comment –

None

Adjournment -

Mr. Gembala motioned to adjourn the meeting. Seconded by Mr. Volk. Motion passed with a vote of 4-0. Meeting adjourned at 7:22 P.M.

ATTEST

_______________________________________________
/s/Sherry P. Sury
Clerk-Treasurer

08-23-2012 Utility Board

August 23, 2012 Utility Board Meeting Minutes

Mr. Forbes called the meeting to order at 7:25 p.m. Roll call was taken with the following members present: Michael Forbes, President; Ken Gembala, Vice-President; Mark Barenie, Member; Gregory Volk, Member; Larry Bustamante, Member; David Austgen, Attorney; Steve Kil, Town Manager and Sherry Sury, Clerk-Treasurer.

Approval of the minutes: July 26, 2012 Meeting -

Mr. Barenie motioned to approve the minutes of the July 26, 2012 meeting. Seconded by Mr. Gembala. Motion passed with a vote of 4 ayes and 1 abstention by Mr. Bustamante.

New Business -

None

Reports & Correspondence -

None

Payment of Bills for the Waste Water Utility - Wastewater APV’s #6157 - #6182 for $137,431.90 -

Mr. Barenie motioned to approve Wastewater Utility APV’s #6157 - #6182 for $137,431.90. Seconded by Mr. Bustamante. Motion unanimously passed.

Public Comment -

None

Adjournment -

Mr. Volk motioned to adjourn the meeting. Seconded by Mr. Gembala. Motion unanimously passed. Meeting adjourned at 7:27 p.m.

ATTEST

_______________________________________________
/s/ Sherry P. Sury
Clerk-Treasurer

09-27-2012 Utility Board

September 27, 2012 Utility Board Meeting Minutes

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

CALL TO ORDER:

Mr. Forbes called the regular meeting of September 27, 2012, to order at 7:33 p.m.

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the follow members present: Mike Forbes, Ken Gembala, Mark Barenie, Greg Volk and Larry Bustamante. Staff members present: Steve Kil. Attorney Austgen was present. Recording Secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES: AUGUST 23, 2012

Mr. Gembala made a motion to approve the minutes of August 23, 2012. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

NEW BUSINESS:

There was no New Business.

REPORTS AND CORRESPONDENCE:

Attorney Austgen had nothing to report. Clerk-Treasurer, Sherry Sury, had nothing to report. The Board members had nothing to report.

PAYMENT OF BILLS FOR WASTE WATER UTILITY:

Mr. Forbes stated that he would entertain a motion on APV Nos. 6183 through 6205 in the amount of $182,703.90. Mr. Barenie made a motion to approve APV Nos. 6183 through 6205 in the amount of $182,703.90. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

PUBLIC COMMENT:

John Ford, 97th Lane

Mr. Ford questioned the Board on the discrepancy in the amounts that were approved for the APVs in the amount of $182,703.90, it appeared to him the amount should have been $137.431.90. Mr. Forbes explained to him that he was looking at the amount of APVs that were approved at last month's meeting.

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

ADJOURNMENT:

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

(The meeting was adjourned at 7:35 p.m.)

A TRUE COPY

_______________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY

10-25-2012 Utility Board

October 25, 2012 Utility Board Meeting Minutes

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

CALL TO ORDER:

Mr. Forbes called the regular meeting of St. John Utility Board for October 25, 2012, to order at 7:08 p.m.

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the follow members present: Mike Forbes, Ken Gembala, Mark Barenie, Greg Volk and Larry Bustamante. Staff members present: Steve Kil. Attorney Austgen was present. Recording Secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES: SEPTEMBER 27, 2012

Mr. Forbes state he would entertain a motion to approve the Utility Board meeting minutes of September 27, 2012, provided by Recording Secretary, Susan E. Wright. Mr. Volk made a motion to approve the minutes of the September 27, 2012, Utility Board as circulated. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

NEW BUSINESS:

There was no New Business.

REPORTS AND CORRESPONDENCE:

Attorney Austgen had nothing to report. Clerk-Treasurer, Sherry Sury, had nothing to report. The Board members had nothing to report.

PAYMENT OF BILLS FOR WASTE WATER UTILITY:

Mr. Forbes stated that he would entertain a motion on payment of Wastewater Utility bills, APVS 6206 through 6230 in the amount of $165,567.84. Mr. Bustamante made a motion to approve payment of APV Nos. 6206 through 6230 in the amount of in the amount of $165,567.84. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

PUBLIC COMMENT:

There was no Public Comment.

ADJOURNMENT:

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 7:10 p.m.)

A TRUE COPY

_______________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY

11-29-2012 Utility Board

November 29, 2012 Utility Board Meeting Minutes

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

CALL TO ORDER:

Mr. Forbes called the regular meeting of St. John Utility Board for November 29, 2012, to order at 7:38 p.m.

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the follow members present: Mike Forbes, Ken Gembala, Mark Barenie, Greg Volk and Larry Bustamante. Staff members present: Steve Kil. Attorney Austgen was present. Recording Secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES: OCTOBER 25, 2012

Mr. Forbes state he would entertain a motion to approve the Utility Board meeting minutes of October 25, provided by Recording Secretary, Susan E. Wright. Mr. Volk made a motion to approve the minutes of the October 25, 2012, Utility Board as circulated. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

NEW BUSINESS:

A. CONSIDER PERMISSION TO CONNECT TO MAIN SEWER SYSTEM BY MASSARO ENTERPRISES – 8126 WICKER AVENUE
Mr. Mike Massaro, Massaro Enterprises, and Mr. Ken Sevoich, Rosebud Antiques, appeared before the Board. Mr. Massaro was seeking permission to connect to the main sewer system.

Mr. Kil gave the Board some background information. He stated that Mr. Massaro has made arrangements to purchase the parcel of land that Rosebud Antique sits on over a series of years. Mr. Massaro will locate a business on this parcel. Mr. Kil stated that the property needs sanitary sewer. Mr. Kil stated that he has informed both Mr. Massaro and Mr. Sevoich that since the parcel is contiguous with the Town of St. John the requirement is that the property be annexed into the community as a prerequisite to receiving sanitary sewer services.

Mr. Kil stated he has in his possession an annexation agreement signed by Mr. Ken Sevoich, the current property owner. Mr. Kil stated he will start the annexation process shortly. He stated that the parties have voluntarily agreed to annex into Town. He stated that Mr. Massaro is requesting permission to connect to the sewer system. He stated that Mr. Massaro will not be connecting to the water main at the present time, but in the event that he wishes to do so in the future he will already be annexed into the community.

Mr. Kil stated that it will take approximately 90 days to be formally annexed into Town. He stated that Mr. Massaro is seeking permission to tie into the sewer system before the annexation process is complete.

(General discussion ensued.)

Attorney Austgen commented that at any time after the sewer connection is made and before the annexation is complete, the annexation agreement could be withdrawn. Mr. Sevoich stated, for the record, that he is willing to annex his property. Attorney Austgen recommended that an executed Waiver to Remonstrate be placed in the file.

Mr. Forbes stated that he would entertain a motion to approve connection to the main sewer system by Massaro Enterprises with an executed Waiver for Remonstration. Mr. Sevoich stated he would like to place on the record that Mr. Massaro would be responsible for the exterior of the building and the “water situation.” Mr. Gembala made a motion to approve the connection to the main sewer by Massaro Enterprises for the property at 8126 Wicker Avenue with the submittal of an executed Waiver for Remonstrating. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

B. PERMISSION TO CONNECT TO THE MAIN SEWER SYSTEM BY LAKE HILLS BAPTIST CHURCH – 9201 WEST 85TH AVENUE
Doug Rettig, representative of Lake Hills Baptist Church appeared before the Board seeking permission to connect to the main sewer system. The Board noted that they were presented with pertinent information on this matter at the Waterworks meeting. Mr. Forbes noted that it was the same easement and the same waivers. Mr. Gembala noted that a lift station would be placed on the Lake Hills Baptist Church and then pumped into the St. John sewer system. Mr. Rettig concurred.

Mr. Forbes stated he would entertain a motion. Mr. Gembala made a motion to approve the connection to the main sewer system by Lake Hills Baptist Church, 9201 West 85th Avenue, with the submittal of a Waiver to Remonstrate. Attorney Austgen recommended that the motion be contingent upon Lake Hills Baptist Church adhering to Town’s engineering and design criteria standards, per Mr. Kraus’s review. Mr. Gembala amended his motion to include that Lake Hills Baptist Church adhere to the Town’s engineering and design criteria standards. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:

Mr. Kil had nothing to report. Attorney Austgen had nothing to report. Clerk-Treasurer, Sherry Sury, had nothing to report. The Board members had nothing to report.

PAYMENT OF BILLS FOR WASTE WATER UTILITY:

Mr. Forbes stated that he would entertain a motion on payment of Wastewater Utility bills, APVS 6231 through 6256 in the amount of $187,125.26. Mr. Gembala made a motion to approve payment of APV Nos. 6231 through 6256 in the amount of in the amount of $187,125.26. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

PUBLIC COMMENT:

There was no Public Comment.

ADJOURNMENT:

Mr. Volk 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 7:49 p.m.)

A TRUE COPY

_______________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY

12-20-2012 Utility Board

December 20, 2012 Utility Board Meeting Minutes

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

CALL TO ORDER:

Mr. Forbes called the regular meeting of St. John Utility Board for December 20, 2012, to order at 7:11 p.m.

ROLL CALL:

Roll call was taken by Clerk-Treasurer, Sherry Sury, with the follow members present: Mike Forbes, Ken Gembala, Mark Barenie, Greg Volk and Larry Bustamante. Staff members present: Steve Kil. Attorney Austgen was present. Recording Secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES:

Mr. Forbes noted that any action on the previous meeting minutes will be deferred until the January 10, 2013, meeting.

NEW BUSINESS:

A. CONSIDER REQUEST TO WRITE-OFF BAD DEBT FOR SEWER AND PENALITIES IN THE AMOUNT OF ONE THOUSAND FIVE HUNDRED EIGHTY-NINE DOLLARS AND NINETY CENTS ($1,589.90)

Mr. Forbes stated that the matter before the Board was to consider the write-off of bad debt for sewer penalties and lien sewer in the amount of $1,589.90. Ms. Sury explained that that the write-off amount does not include the amount of money that was liened. She stated in the event the lien money is collected it has to be posted. Ms. Sury stated that the write-off was for uncollectible bad debt only.

Mr. Barenie made a motion to approve the write off of the uncollectible bad debt in the amount of $1,589.90. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:

There were no reports or correspondence.

PAYMENT OF BILLS FOR WASTE WATER UTILITY:

Mr. Forbes stated that he would entertain a motion on payment of Wastewater Utility bills, APVS 6257 through 6275 in the amount of $137,147.83. Mr. Barenie made a motion to approve payment of APV Nos. 6257 through 6275 in the amount of in the amount of $137,147.83. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0).

PUBLIC COMMENT:

There was no Public Comment.

ADJOURNMENT:

Mr. Gembala a motion to adjourn the meeting. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

(The meeting was adjourned at 7:15 p.m.)

A TRUE COPY

_______________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY

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