Employment Opportunities Event Calendar
Pay EMS Bill Pay Utility Bill
Town Logo

Utility Board Meeting Minutes 2018

Meeting Minutes

01-25-2018 Utility Board

January 25, 2018 Utility Board Meeting Minutes

Gregory Volk, President Michael Forbes, Vice-President Steve Hasings
Christian Jorgensen Mark Barenie Steve Kil, Town Manager

CALL TO ORDER:

Mr. Volk called the January 25, 2018 Utility Board meeting to order at 7: 14 p.m.

ROLL CALL:

Clerk Treasurer, Beth Hernandez took roll call with the following members present: Greg Volk, Michael Forbes, Mark Barenie, Steve Hastings, and Christian Jorgensen. Town Manager, Steve Kil, was present. Attorney David Austgen was absent.

ELECTION OF OFFICERS:

Mr. Volk stated the first item was election of officers and he would take nominations for President and Vice President. Mr. Jorgensen nominated Mr. Volk. Mr. Volk asked forany other nominations for President. Hearing none, he asked for nominations for Vice President. Mr. Volk nominated Mr. Forbes for Vice-President. Mr. Volk asked for any other nominations. Hearing none, he stated he would take a vote for himself, Mr. Volk, as President and Mr. Forbes as Vice President. The election of officers was approved by voice vote (5/0). Ayes- five. Nays-none.

APPROVAL OF MINUTES:

Mr. Volk stated that first item on the agenda was the approval of the meeting minutes.

Mr. Volk stated that first item on the agenda was the approval of the meeting minutes. Mr. Jorgensen made a motion to approve the December 17, 2017 meeting minutes. Mr. Barenie seconded the motion. The motion was passed by voice vote (5/0). Ayes --- five. Nays --- none .

NEW BUSINESS:

A. CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL SERVICES WITH CENDER & COMPANY.

Mr. Volk stated the information regarding the agreement was in the member's packets. Mr. Volk asked if the figures were the same as last year. Mr. Kil stated there were two categories that increased, and Mr. Cender is here tonight to speak about that. Mr. Cender stated there were a couple of promotions. He said one type of classification [inaudible] increased $10.00 per hour and the "associates" increased by $5.00 per hour.

(General discussion ensued.)

Mr. Volk asked if there were any other questions before voting. Mr. Jorgensen asked if this agreement was a separate agreement for the Utility Board . Mr. Kil replied that was accurate.

Mr. Volk stated he would entertain a motion to approve the agreement. Mr. Forbes made a motion to approve the agreement. Mr. Hastings seconded the motion. The motion was carried by voice vote (5/0). Ayes-five. Nays- none.

REPORTS and CORRESPONDENCE:

There were no reports.

PAYMENT OF BILLS:

Mr. Volk stated the next item on the agenda was payment of the bills. The Board has the Wastewater APVs totaling $561,062.52. He said it was just a one-page docket. He asked if there were any questions or concerns.

Mr. Volk asked for a motion to authorize payment of the bills. "So moved," by Mr. Forbes. The motion was seconded by Mr. Jorgensen. The motion was passed by voice vote (5/0). Ayes --- five. Nays --- none .

PUBLIC COMMENT:

There was no public comment.

ADJOURNMENT:

Mr. Volk stated he would entertain a motion for adjournment. "So moved," by Mr. Forbes. Mr. Jorgensen seconded the motion. The motion was carried by voice vote (5/0). Ayes --- five. Nays --- none. (The meeting adjourned at 7:18 p.m.)

Beth R. Hernandez
Clerk-Treasurer

02-22-2018 Utility Board

February 22, 2018 Utility Board Meeting Minutes

GREGORY VOLK, PRESIDENT CHRISTIAN JORGENSEN CLERK-TREASURER, BETH HERNANDEZ
MIKE FORBES, VICE-PRESIDENT MARK BARENIE STEVE KIL, TOWN MANAGER
STEVE HASTINGS    

CALL TO ORDER:

Mr. Volk called the February 22, 2018 Utility Board meeting to order at 6:59 p.m.

ROLL CALL:

Clerk Treasurer, Beth Hernandez took roll call with the following members present: Greg Volk, Michael Forbes, Steve Hastings, Christian Jorgensen, and Mark Barenie. Town Manager, Steve Kil, was present.

APPROVAL OF MINUTES: January 25, 2018

Mr. Volk stated that first item on the agenda was the approval for the meeting minutes. He stated they looked in order to him. Mr. Volk asked if there were any comments or concerns. Hearing none, he said he would entertain a motion to approve the minutes.

“So moved,” by Mr. Barenie. Mr. Jorgensen seconded the motion. The motion was passed by voice vote (5/0). Ayes --- five. Nays --- none.

NEW BUSINESS:

A. Consider request of M & M Development, 10317 Bailey Street, for a waiver of sanitary sewer fees due to a broken (frozen) water meter, in the amount of $80.19.
Mr. Kil stated M & M Development is the owner of the property and there is a renter at this particular address. He said that apparently the meter froze and the renters did not notify their landlord. The landlord, M & M Development, is requesting a waiver as the water meter is in their name.

Mr. Volk asked who calculated $80.19. Mr. Kil replied that a utility clerk in Ms. Hernandez's office determined the amount. Mr. Volk asked if there were any comments on waving the fees. Hearing none, he stated he would entertain a motion to approve the request.

“So moved,” by Mr. Barenie. Mr. Hastings seconded the motion. The motion was carried by voice vote (5/0). Ayes- five. Nays- none.

REPORTS & CORRESPONDENCE:

There were no reports.

PAYMENT OF BILLS:

Mr. Volk stated the next item on the agenda was payment of the bills. The Board has the Wastewater APVs totaling $313,840.91. He asked if there were any comments.

Mr. Volk asked for a motion to authorize payment of the bills. “I’ll make that motion,” by Mr. Forbes. The motion was seconded by Mr. Jorgensen. The motion was passed by voice vote (5/0). Ayes --- five. Nays --- none.

PUBLIC COMMENT:

Mr. Volk asked for Public Comment for the Utility Board only. There was no public comment.

ADJOURNMENT:

Mr. Volk stated he would entertain a motion to adjourn. “So moved,” by Mr. Jorgensen. Mr. Forbes seconded the motion. The motion was carried by voice vote (5/0). Ayes --­ five. Nays --- none.

(The meeting adjourned at 7:02 p.m.)

ATTEST:

____________________________________
Beth R. Hernandez
Clerk-Treasurer

03-22-2018 Utility Board Rescheduled to 04-05-2018
04-05-2018 Utility Board

April 5, 2018 Utility Board Meeting Minutes

GREGORY VOLK, PRESIDENT CHRISTIAN JORGENSEN CLERK-TREASURER, BETH HERNANDEZ
MIKE FORBES, VICE-PRESIDENT MARK BARENIE STEVE KIL, TOWN MANAGER
STEVE HASTINGS    

CALL TO ORDER:

Mr. Volk called the April 5, 2018 Utility Board meeting to order at 7:01 p.m.

ROLL CALL:

Clerk Treasurer, Beth Hernandez took roll call with the following members present: Greg Volk, Michael Forbes, Steve Hastings, Christian Jorgensen, and Mark Barenie. Town Manager, Steve Kil, was present.

APPROVAL OF MINUTES: February 22, 2018

Mr. Volk stated that the first item on the agenda was the approval for the meeting minutes. Mr. Volk asked if there were any questions. Hearing none, he said he would entertain a motion.

“I’ll make the motion to approve the meeting minutes,” by Mr. Forbes. Mr. Barenie seconded the motion. The motion was passed by voice vote (5/0). Ayes --- five. Nays --- none.

NEW BUSINESS:

A. Consider request of Danielle and Ian Flores, 9585 Bryan Place, for a waiver of sanitary sewer fees due to a broken outdoor spigot in the amount of $156.95.
Mr. Kil stated the Clerk-Treasurer's office prepares a detailed report anytime there is a request made like this, and they run a history on the individual to determine what the average usage would be. In this case, the Clerk-Treasurer's office and the Utility Billing Department determined this would be above and beyond what their average monthly bill would be for the past year or two. He stated that is how the numbers are derived. Mr. Kil continued that when paying bills, one recognizes a pattern he or she follows and are pretty consistent with usage. Ninety-nine percent of the people are like that. Mr. Kil stated it is simply the Board's discretion whether or not they want to waive the fees. The water was clearly used. They are asking for a sewer credit.

Mr. Volk asked if the sewer credit was $96.05. Mr. Kil answered that was for one month and the second page showed the sewer credit for the second month. The two months added together total $156.95.

[General discussion ensued.]

Mr. Volk stated there was an outdoor water spigot they didn't realize was running for a couple of months. He said the sewer portion would be $156.95 and they are asking for it to be waived. He added they are paying the water usage.

Mr. Volk asked for any thoughts on waiving the fees.

“If there are no questions or comments, I'll make a motion to authorize a waiver of the sanitary sewer fees for Danielle and Ian Flores in the amount of $156.95,” by Mr. Forbes. Mr. Jorgensen seconded the motion. The motion was carried by voice vote (5/0). Ayes- five. Nays-none.

B. Consider request of Mark Dudy, 11510 West 93rd Avenue, for a waiver of sanitary sewer fees due to a broken water softener (4 months), in the amount of $745.97.
Mr. Volk stated the water softener was apparently broken for four months. Mr. Kil added it was stuck on “regenerate” for four months. Mr. Forbes clarified that it wasn't leaking, but circulating through the system. Mr. Kil answered that it was constant.

Mr. Volk said the $745.97 has been calculated by the Clerk's office and that it is a sewer credit; that is not their total bill. It is just the sewer portion they are looking for a waiver on. Mr. Volk asked for any thoughts on the matter.

[General discussion ensued.]

“I’ll make a motion to grant a waiver of sanitary fees for Mark Oudy in the amount of $745.97,” by Mr. Forbes. Mr. Jorgensen seconded the motion. The motion was carried by voice vote (5/0). Ayes --- five. Nays --- none.

C. Consider request of Doug and Cheryl Terpstra, 8130 89th Place, Crown Point, IN 46307, to tie into the municipal sewer system. Service to be provided via an easement through Morning Crest Subdivision.
Mr. Volk stated Morning Crest is the new subdivision on Cline Avenue that has been approved. Their lot borders it on the south side. Mr. Kil stated there is not a 1/8 continuity where they can annex into the Town. He continued if they annexed one lot on the cul-de-sac, the Town would be responsible for the entire cul-de-sac with the exception of one home being outside of the Town. He added it is a vacant lot and the developer has agreed to grant an easement where he could tie a sewer into the system they are going to install. He said this is the cul-de-sac just to the south of Morning Crest Development. He continued there are quite a few homes, probably six on the cul-de­ sac, built back there, and they are all on septic lots.

Mr. Volk added they are all fairly new homes, so they won't be trying to tie in for a while. Mr. Kil stated Mr. Terpstra was going to build a brand new home on a vacant lot. Mr. Volk stated he was referring to the existing homes. Mr. Volk does not want it to end up like “the lake” on the other side of Town. Mr. Kil stated the developer cannot annex right now because he does not meet the continuity requirement.

Mr. Kil stated he told Mr. Terpstra that it was possible and what the Town has required in the past is a waiver of rights to remonstrate. Mr. Kil stated that Mr. Terpestra would be amenable to that. Mr. Kil said it doesn't do any good to annex one property on a street because then the Town becomes responsible for the whole street. Mr. Kil thinks it would be best for Mr. Terpstra to sign a waiver even though a new law is being passed and the waiver probably won't be “worth the paper it is written on”.

Mr. Forbes stated he has been following that law and it is “convoluted beyond reason”. He said they are almost useless agreements. Mr. Kil replied that it will be, but it is simple enough to draw up the waiver and the Town has the form. Mr. Kil said if the Board does grant connection to the sewer service, Mr. Terpstra would simply have to come in and sign the waiver, pay the fee, and get a permit. Mr. Kil said it is a very simple process, but it does require the Board's approval as it is outside the corporate limits.

The Board members stated they did not have any objection. Mr. Jorgensen said he would still prefer that a waiver be signed. Mr. Kil stated they are going to require both sewer and water even if Mr. Terpstra has his own private well. He said the Town puts a meter on top of the well, and they meter the water coming in to provide a sewer bill because that is based on water usage. Mr. Volk asked if he only asked for a sewer tie in and not water. Mr. Kil replied that the request was for only sewer right now but he would not be surprised if Mr. Terpstra requests water in the future so the waiver of rights to remonstrate would apply to both.

“I'll make that motion contingent upon the ability to tie into the municipal sewer system provided they execute a waiver to include both sewer and water,” by Mr. Jorgensen. Mr. Kil asked, “You give them approval for sewer and water as long as they execute the waiver.” Mr. Jorgensen replied that was correct. Mr. Barenie seconded the motion. The motion was passed by voice vote (5/0). Ayes---five. Nays---none.

REPORTS & CORRESPONDENCE:

There were no reports tonight.

PAYMENT OF BILLS:

Mr. Volk stated the Board has Wastewater APVs totaling $417,781.71. He asked if there were any questions.

Mr. Volk asked for a motion to authorize payment of the bills. “So moved,” by Mr. Barenie. The motion was seconded by Mr. Jorgensen. The motion was passed by voice vote (5/0). Ayes --- five. Nays --- none.

PUBLIC COMMENT:

There was no public comment.

ADJOURNMENT:

Mr. Volk stated he would entertain a motion to adjourn. “I’ll make that motion,” by Mr. Jorgensen. Mr. Forbes seconded the motion. The motion was carried by voice vote (5/0). Ayes --- five. Nays --- none.

(The meeting adjourned at 7:13 p.m.)

ATTEST:

____________________________________
Beth R. Hernandez
Clerk-Treasurer

04-26-2018 Utility Board

April 26, 2018 Utility Board Meeting Minutes

Christian Jorgensen, President Michael Forbes Stephen Kil, Town Manager
Mark Barenie, Vice-President Gregory Volk Beth Hernandez, Clerk-Treasurer
Stephen Hastings    

CALL TO ORDER:

The St. John Utility Board Regular Meeting was called to order on April 26, 2018, by Mr. Volk at 7:00 p.m.

ROLL CALL:

Roll call was taken by the Clerk-Treasurer, Beth Hernandez. The following Board Members were present: Stephen Hastings, Michael Forbes, Gregory Volk, and Christian Jorgensen

Staff Members present: Stephen Kil, Town Manager; Beth Hernandez, Clerk-Treasurer

Absent: Mark Barenie

APPROVAL OF MINUTES:

Mr. Volk advised the next item on the agenda was the Approval of Minutes for the April 5, 2018 meeting and asked for any questions or comments. Hearing none, Mr. Volk entertained a motion. Motion to approve the April 5th Meeting Minutes by Mr. Forbes. Seconded by Mr. Jorgensen. Motion carries 4 ayes to 0 nays.

NEW BUSINESS:

Mr. Volk advised the next item on the agenda was New Business and asked for the same. Hearing none, Mr. Volk closed New Business.

REPORTS and CORRESPONDENCE:

Mr. Volk advised the next item on the agenda was Reports and Correspondence and asked for the same. Hearing none, Mr. Volk closed Reports and Correspondence.

PAYMENT OF BILLS:

Mr. Volk advised the next item on the agenda was the Payment of Bills. Mr. Volk stated the wastewater APVs to be paid is $328,416.25 and asked for any discussion.

Hearing none, Mr. Volk entertained a motion to pay the bills. Motion to authorize payment of the bills by Mr. Forbes. Seconded by Mr. Jorgensen. The motion carries 4 ayes to 0 nays.

PUBLIC COMMENT:

Mr. Volk advised the next item on the agenda is Public Comment and invited any comments from the public.

Joe Hero (11723 South Oakridge Drive): In terms of Utility Board. I think that you should be notified of the water and sewer growth to – because there is a TIF bond that’s going to be voted on here in the next two meetings here today – that they need to go and look at where this development is going to be and make sure their soil borings are such that they’ll support sewers and water lines. Uh, some of the area east of there, and part of a peat bog in the past, people had to drive piles down. I would not like to see utilities put into peat bog areas that may collapse and break and require high maintenance. I think, uh, that should be brought to the attention of the water and sewer board by the Utility Board and the people on that – in that situation so we’re not paying excessive one it – if this thing goes through. Thank you. You need soil borings; you need to determine the lay of the land.

Mr. Volk asked if anyone who had not signed that would like to speak. Hearing none, he closed Public Comment.

ADJOURNMENT:

Mr. Volk entertained a motion to adjourn. Motion by Mr. Hastings; seconded by Mr. Forbes. Motion carried 4 ayes to 0 nays.

(The meeting adjourned at 7:04 p.m.)

Respectfully Submitted:

Margaret Abernathy, Recording Secretary
St. John Utility Board

05-24-2018 Utility Board

May 24, 2018 Utility Board Meeting Minutes

Christian Jorgensen, President Michael Forbes Stephen Kil, Town Manager
Mark Barenie, Vice-President Gregory Volk Beth Hernandez, Clerk-Treasurer
Stephen Hastings    

CALL TO ORDER:

The St. John Utility Board Regular Meeting was called to order on May 24, 2018, by Mr. Volk at 7:05 p.m.

ROLL CALL:

Roll call was taken by the Clerk-Treasurer, Beth Hernandez. The following Board Members were present: Mark Barenie, Stephen Hastings, Michael Forbes, Gregory Volk, and Christian Jorgensen

Staff Members present: Stephen Kil, Town Manager; Beth Hernandez, Clerk-Treasurer

Absent:

APPROVAL OF MINUTES:

Mr. Volk advised the next item on the agenda was the Approval of Minutes for the April 26, 2018 meeting. Mr. Kil announced the minutes were not ready yet due to having a new recording secretary. Mr. Volk deferred approving the minutes until the June meeting.

NEW BUSINESS:

Mr. Volk advised the next item on the agenda was New Business and asked for the same. Hearing none, Mr. Volk closed New Business.

REPORTS and CORRESPONDENCE:

Mr. Volk advised the next item on the agenda was Reports and Correspondence and asked for the same. Hearing none, Mr. Volk closed Reports and Correspondence.

PAYMENT OF BILLS:

Mr. Volk advised the next item on the agenda was the Payment of Bills. Mr. Volk stated the total APVs to be paid is $269,383.33 and asked for any discussion.

Hearing none, Mr. Volk entertained a motion to pay the bills. Motion by Mr. Forbes. Seconded by Mr. Jorgensen. The motion carried.

PUBLIC COMMENT:

Mr. Volk advised the next item on the agenda is Public Comment and invited any comments from the public. Hearing none, he closed the Public Comment segment.

ADJOURNMENT:

Mr. Volk entertained a motion to adjourn. Motion by Mr. Barenie; seconded by Mr. Forbes. Motion carried 5 ayes to 0 nays.

(The meeting adjourned at 7:07 p.m.)

Respectfully Submitted:

Margaret Abernathy, Recording Secretary
St. John Utility Board

06-28-2018 Utility Board

June 28, 2018 Utility Board Meeting Minutes

Gregory Volk, President Mark Barenie Stephen Kil, Town Manager
Michael Forbes, Vice-President Stephen Hastings Beth Hernandez, Clerk-Treasurer
Christian Jorgensen    

CALL TO ORDER:

The St. John Utility Board Regular Meeting was called to order on June 28, 2018, by Mr. Volk at 7:09 p.m.

ROLL CALL:

Roll call was taken by the Chief Deputy Clerk-Treasurer, Marilyn Hrnjak. The following Board Members were present: Michael Forbes, Stephen Hastings, Gregory Volk, and Christian Jorgensen

Staff Members present: Stephen Kil, Town Manager; Marilyn Hrnjak; Chief Deputy Clerk-Treasurer sitting in for Ms. Hernandez.

Absent: Mark Barenie; Beth Hernandez, Clerk-Treasurer.

APPROVAL OF MINUTES:

Mr. Volk advised the next item on the agenda was the Approval of Minutes for the April 26, 2018 and May 24, 2018 meetings. Mr. Volk asked for any questions or comments.

Hearing none, Mr. Volk entertained a motion. Motion to approve the minutes for April 26, 2018 and May 24, 2018 by Mr. Jorgensen. Seconded by Mr. Forbes. Motion carries 4 ayes to 0 nays.

NEW BUSINESS:

Mr. Volk advised the next item on the agenda under New Business is Illiana Christian High School – Sewer Recapture Agreement. Mr. Volk further advised Austgen-Kuiper sent the Agreement over and the same is in their packet.

Mr. Volk stated that Mr. Decker is here to answer questions.

Mr. Kil advised that it is a standard Recapture Agreement. Illiana Christian was required to extend a substantial amount of utilities including the sanitary sewer, so they are seeking recapture on oversizing the line. As part of the Recapture Agreement, there is an exhibit that outlines the actual recapture area, an exhibit that outlines actual costs, and a 15-year Amortization Schedule.

Mr. Kil stated we have formally accepted the sewer; it has been inspected; and all the paperwork is in order for final action by the board.

Mr. Forbes asked on page 6, item g, reads “the terms and conditions greed upon,” should be “agreed upon.”

Mr. Volk entertained a motion to accept the Recapture Agreement. Motion to accept the Recapture Agreement with the correction on page 6 by Mr. Forbes. Seconded by Mr. Jorgensen. Motion carries 4 ayes to 0 nays.

REPORTS and CORRESPONDENCE:

Mr. Volk advised the next item on the agenda was Reports and Correspondence and asked for the same. Hearing none, Mr. Volk closed Reports and Correspondence.

PAYMENT OF BILLS:

Mr. Volk advised the next item on the agenda was the Payment of Bills. Mr. Volk stated the total APVs to be paid is $483,742.47 and asked for any discussion.

Hearing none, Mr. Volk entertained a motion to pay the bills. Motion to pay the bills by Mr. Jorgensen. Seconded by Mr. Hastings. Motion carries 4 ayes to 0 nays.

PUBLIC COMMENT:

Mr. Volk advised the next item on the agenda is Public Comment and invited any comments from the public. Hearing none, he closed Public Comment.

ADJOURNMENT:

Mr. Volk entertained a motion to adjourn. Motion by Mr. Jorgensen; seconded by Mr. Forbes. Motion carried 4 ayes to 0 nays.

(The meeting adjourned at 7:14 p.m.)

Respectfully Submitted:

Margaret Abernathy, Recording Secretary
St. John Utility Board

07-26-2018 Utility Board

July 26, 2018 Utility Board Meeting Minutes

Gregory Volk, President Mark Barenie Stephen Kil, Town Manager
Michael Forbes, Vice-President Stephen Hastings Beth Hernandez, Clerk-Treasurer
Christian Jorgensen    

CALL TO ORDER:

The St. John Utility Board Regular Meeting was called to order on July 26, 2018, by Mr. Volk at 7:00 p.m.

ROLL CALL:

Roll call was taken by Clerk-Treasurer Beth Hernandez. The following Board Members were present: Mark Barenie, Michael Forbes, Gregory Volk, and Christian Jorgensen. Staff Members present: Stephen Kil, Town Manager; Beth Hernandez; Clerk-Treasurer.

Absent: Stephen Hastings.

APPROVAL OF MINUTES:

Mr. Volk advised the next item on the agenda was the Approval of Minutes for the June 28, 2018 meeting. Mr. Volk asked for any questions or comments. Mr. Forbes advised that he informed the recording secretary that the president and vice president titles needed to be corrected at the top of page 1. (Said corrections were made to page 1 of the June 28, 2018 minutes.)

Mr. Volk entertained a motion to approve the June 28, 2018 meeting minutes. Motion to approve the minutes as corrected by Mr. Forbes. Seconded by Mr. Jorgensen. Motion carries 4 ayes to 0 nays.

NEW BUSINESS:

None to be had.

REPORTS and CORRESPONDENCE:

None to be had.

PAYMENT OF BILLS:

Mr. Volk advised the next item on the agenda was the Payment of Bills. Mr. Volk stated the total APVs to be paid are $358,738.99 and asked for any discussion.

Hearing none, Mr. Volk entertained a motion to pay the bills. Motion to pay the APVs in the amount of $358,738.99 by Mr. Jorgensen. Seconded by Mr. Barenie. Motion carries 4 ayes to 0 nays.

PUBLIC COMMENT:

Mr. Volk advised the next item on the agenda is Public Comment and invited any comments from the public. Hearing none, he closed Public Comment.

ADJOURNMENT:

Mr. Volk entertained a motion to adjourn. Motion by Mr. Jorgensen; seconded by Mr. Barenie. Motion carried 4 ayes to 0 nays.

(The meeting adjourned at 7:03 p.m.)

Respectfully Submitted:

Margaret Abernathy, Recording Secretary
St. John Utility Board

08-23-2018 Utility Board

August 23, 2018 Utility Board Meeting Minutes

Gregory Volk, President Mark Barenie Stephen Kil, Town Manager
Michael Forbes, Vice-President Stephen Hastings Beth Hernandez, Clerk-Treasurer
Christian Jorgensen    

CALL TO ORDER:

The St. John Utility Board Regular Meeting was called to order on August 23, 2018, by Mr. Volk at 7:00 p.m.

ROLL CALL:

Roll call was taken by Clerk-Treasurer Beth Hernandez. The following Board Members were present: Mark Barenie, Michael Forbes, Stephen Hastings, Gregory Volk, and Christian Jorgensen. Staff Members present: Stephen Kil, Town Manager; Beth Hernandez; Clerk-Treasurer.

APPROVAL OF MINUTES:

Mr. Volk advised the next item on the agenda was the Approval of Minutes for the July 26, 2018 meeting. Mr. Volk asked for any questions or comments from the board.

Hearing none, Mr. Volk entertained a motion to approve the July 26, 2018, meeting minutes. Motion to approve the minutes by Mr. Jorgensen. Seconded by Mr. Forbes. Motion carries 5 ayes to 0 nays.

NEW BUSINESS:

A. Resolution No. 2018-08-23 UB
Mr. Volk advised the next item is Resolution No. 2018-08-23 UB. Mr. Volk stated that the Resolution is setting forth certain policies and parameters for the extension of municipal utilities outside the corporate limits, that being a gas station approved by the County on the south side of 109th Avenue, west of US 41.

Mr. Kil stated that the Circle K issue has precipitated the proposal before you tonight. The Lake County Plan Commission has been entertaining a petition by Circle K to locate at the southwest corner of 109th Avenue and US 41. That particular parcel of property is contiguous to the town limits. The Town has had a long standing policy in the community that anybody that is lawfully and able to annex into the community do so prior to the extension of utilities. If they are not contiguous, they appear in front of the Utility Board and request an extension of the utilities beyond the corporate limits of town because they couldn’t annex in.

Mr. Kil advised that Circle K has been proceeding with their petition in front of the Lake County Plan Commission, although they have been informed that they are contiguous to the town. The Town’s policy is to annex in prior to allowing utilities to be connected; this Resolution would formalize that policy. Mr. Kil stated that it has been the Town’s policy the entire time that he’s been the Town Manager.

Mr. Kil stated that the St. John development standards far exceed that of the County. When they are adjacent to our community, it is better that they come through our Plan Commission and our Board of Zoning Appeals, or whatever board they are required to appear before.

Mr. Jorgensen stated that he agrees and that Circle K is trying to circumvent the standards of the Town of St. John in order to forcefully locate in the county. Mr. Jorgensen further stated that he can’t imagine any resident of the Town of St. John wanting the County to go ahead and dictate through planning and zoning what goes on a contiguous parcel of property directly affecting the town.

Mr. Jorgensen stated that he thinks Utility Board and Waterworks can go ahead and pass a resolution saying that’s the policy; however, he thinks it is the job of the Town Council, as the only legislative body that we have and directly elected by the people of St. John, to go ahead and pass a resolution.

Mr. Jorgensen stated that believes the Town should formally pass an ordinance requiring the annexation in order to extend utilities. The Resolution is a logical first step, and he can’t imagine anybody opposing this policy.

Mr. Volk stated that we do want these developers to come before the Plan Commission, so this Resolution just puts our standing policy that’s already in place into legal terminology.

Mr. Kil stated that it has been the policy that someone should annex into the town to be eligible to get utilities since before he became the Town Manager. If you are not contiguous, it becomes the discretion of the board whether they want to extend utilities or not. If somebody did come in front of the County and they were contiguous to the town, they would not be issued a utility permit by this Town until it is authorized by the Utility Board; i.e., Town Council – same members.

Mr. Jorgensen said it is the same members but not exactly the same process; and the two have separate roles. What’s happened is that push has come to shove with regard to this issue because we have a company looking to circumvent the Town of St. John, our Plan Commission, and our Board of Zoning Appeals, go directly to Lake County with their lax standards, and force themselves and those lax standards upon the Town of St. John.

Mr. Jorgensen stated that this now requires us to move formally with a policy statement – and an ordinance, eventually – that prohibits the extension of utilities unless they annex into the town. The reason this matter is before the Town Council and the Utility Board is because we need to formalize this and send a message to those folks who are out there trying to circumvent the Town of St. John that we won’t tolerate that kind of thing.

Mr. Forbes stated that he does not disagree with the policy that we have in place: If you are contiguous to the town boundaries, you annex in to get water. If you are not contiguous to the town, it comes to the respective board, the research is done, and a decision is made; and that decision is based on each individual application.

Mr. Forbes stated that he has a problem with the language that is in this Resolution as it is conflicting and inaccurate. He further stated that he desires to clean up the language and simplify it. He is not opposed to making a statement that if you are contiguous with our border and annex into town, you get water and sewer. If you are not contiguous with our border, we will review it and make a decision based on the facts as they are presented.

Mr. Jorgensen stated that he appreciates that Mr. Forbes has a difference of opinion with regard to the language in the Resolution and that he finds the difference of opinion within the Resolution minor, which wouldn’t preclude us from formalizing our policy. Mr. Jorgensen further stated that we will not be in session in St. John until after the Lake County Council meets to review what the Lake County Plan Commission has already approved for the Circle K; so if we don’t make a stand now, it shows weakness and is inexcusable.

Mr. Jorgensen added that any language that we have a problem with can be taken care of before the next meeting; however, this statement needs to be made clear prior to the September Lake County Council meeting. He further added that we need to get over our minor verbiage issues and state what the policy of this Town is going to be formally.

Mr. Forbes stated that he doesn’t see it as minor; he sees it as inaccurate.

Mr. Volk asked Mr. Forbes to go over what the verbiage issues are.

Mr. Forbes stated that, first and foremost, if you annex into the town – and I get that this word is minor, but it does make a major difference – if you annex into the town, you will get sewer and water. Not you “may” get sewer and water, you “will” get sewer and water. There is no question, so that should say “shall” in “Section One” of the Resolution.

Mr. Jorgensen asked Mr. Forbes if his issue is with the verbiage “you will” over “you shall”. Mr. Forbes stated that the Resolution says you “may”. Mr. Jorgensen stated that Mr. Forbes was correct and that “may” infers discretion.

Mr. Forbes stated that there is no discretion. If someone annexes into the town, they get sewer and water. Mr. Volk concurred.

Mr. Forbes further stated that there is no question, that he had said that in his email, and that Mr. Jorgensen went off. Mr. Jorgensen stated that he did go off and that it is a minor issue.

Mr. Forbes asked Mr. Jorgensen if it is inaccurate. Mr. Jorgensen stated that it is not. Further debate continued regarding the accuracy of the language.

Mr. Forbes stated that in all of the annexation proceedings the Town has had, none of the petitioners requested sewer and water because they automatically get it, so if we’re making a statement –

Mr. Jorgensen stated that a resolution does not override a statute. Mr. Volk stated that Mr. Forbes has the floor.

Mr. Forbes cited the following sentence from “Section One”:

“For all other owners of real property not meeting voluntary annexation prerequisites, as well as owners denied annexation approval by the Town Council, no such extension of either Municipal Wastewater/Sewer Utility service nor Municipal Water Utility service will be approved or permitted.”

Mr. Forbes stated that it is pretty clear that no one outside of the town can get sewer and water. Mr. Jorgensen said that it isn’t clear because we can as per the statute.

Mr. Forbes said he is talking about the Resolution where it states you will not get sewer and water and asked Mr. Jorgensen to verify that it does state the same. Mr. Jorgensen confirmed that it does say that.

Mr. Forbes stated that it then goes on in the next sentence and says that we can consider it. Even though it says in one sentence you are not going to get it, in another sentence it turns around and says we might give it to you if we want to, which is conflicting. Mr. Jorgensen stated that, besides those two issues, the principle of that statement is what’s important.

Mr. Forbes stated that he knows Mr. Jorgensen wants to get it done, but it is wrong.

Mr. Barenie stated that he feels that we ought to move forward with it tonight and, if need be, define the language at a later date.

Mr. Kil suggested looking at this with amendments. The Resolution could be adopted tonight with certain amendments.

Mr. Volk asked if we could say no to this and send a letter to the Lake County Plan Commission that that’s what we’re doing. Mr. Jorgensen stated that we have already done that.

Mr. Volk stated that the County’s approval is contingent on Circle K getting water.

Mr. Kil stated that regardless of what happens, even if Circle K does proceed through the County and get to the point where they come to us and ask for a utility permit, as a matter of past practice and policy, they would be denied that permit until such time that the Utility Board grants permission or they are annexed into the town.

Mr. Jorgensen stated that the County board could approve without a standard policy in writing, which is complete discretion, and we cannot allow that. It needs to be a written, firm policy of the Town and proclaimed by the Town Council. Otherwise, it is just past practice, which is meaningless; it is guidance, not a written proclamation; and that is the problem.

Mr. Jorgensen further stated he wants to see this become an ordinance because a resolution doesn’t go far enough. There is enough in this Resolution to firmly state what the policy of the board is going to be.

Mr. Volk asked Mr. Jorgensen if he is open to adopt the Resolution tonight and still open to making changes when it comes to the –

Mr. Jorgensen stated that we can adopt the Resolution as is, and any resolution we adopt can be amended subsequently. He further stated that the policy of the Town needs to be stated affirmatively and in writing before the Lake County Council convenes in September

Motion to approve Resolution 2018-08-23 UB with follow up of edits as appropriate by Mr. Barenie. Seconded by Mr. Jorgensen.

Motion carries 4 ayes to 1 nay.

REPORTS and CORRESPONDENCE:

None to be had.

PAYMENT OF BILLS:

Mr. Volk advised the next item on the agenda was the Payment of Bills. Mr. Volk stated that the total APVs to be paid are $329,762.87 and asked for any discussion.

Hearing none, Mr. Volk entertained a motion to pay the bills. Motion to pay the APVs in the amount of $329,762.87 by Mr. Forbes. Seconded by Mr. Barenie. Motion carries 5 ayes to 0 nays.

PUBLIC COMMENT:

Mr. Volk advised the next item on the agenda is Public Comment and invited any comments from the public.

Joe Hero (11723 South Oakridge Drive): Mr. Jorgensen is absolutely right in what he said on that Resolution. If you delay this, the Plan Commission or the County Council’s going to meet September the 11th. They have a study session the Thursday before. They’ve already – the County Commissioner – Tippy that’s on that plan – on the Plan Commission or the County Council, and also Eldon Strong, have already approved this project.

You do not want to lose control of what happens there. Okay. Because the gold in this community is the water and the sewer because people cannot develop with that. And that gives you the power to set the standards to collect impact fees, to collect stuff for your roads, to dictate the way the property is developed, you know, the deceleration lanes, and all that stuff. So Mr. Jorgensen is 100 percent right on this one. Okay.

And because this is coming up to the Town Council, there, shouldn’t be any dispute over this. This gives you control of the Circle K that’s going to go on the corner of 231 and 41. If you fiddle around and would’ve gone the other way, you have – you lost all control of that development. This way you have control of development; and because it is contiguous to the town, what was done was correct. And so, Mr. Forbes, I know you always look for the best interest of the Town, but I think that you were wrong on this one. Thank you.

Bryan Blazak (9299 Franklin Drive): I just want to stand here and commend the Utility Board for the transparency we’ve seen tonight. It’s a definite improvement. Thanks, guys.

Paul Panczuk (8410 Magnolia Street): I think, um, that most of my statement’s been taken already. I think everyone is in agreement. I’d love to see a 5-0 vote. Um, I support Mr. Forbes, also, in wanting to get language cleaned up. I think that’s important. I’m process oriented. Um, and I under – it’s, kind of, a trick bag tonight because the, uh, the time constraint, so, um, so, I’m glad that – to see this go forward. But I do want -- I – I would like to see this, uh, revisited and the language cleaned up. Um, may I step up? I have a handout for you all.

(Permission to approach the dais was granted, and Mr. Panczuk gave the members a handout which is attached hereto and made a part thereof as Exhibit No. UB-2018-08-23-01.)

Sorry, I always, like, look for best practices. And – and what you’re going to see there is just a – a simple statement I’ve pulled off the Web, and Noblesville’s got it done right. They put it – it’s a process step. You – you apply for a sewer tap, you have to voluntary annex, and as well as meet other requirements. But it’s pretty simple. You just got to add that step and get it done.

Mr. Volk asked if there was anyone else who wished to speak who had not signed in. Hearing none, Mr. Volk closed Public Comment.

ADJOURNMENT:

Mr. Volk entertained a motion to adjourn. Motion by Mr. Jorgensen; seconded by Mr. Barenie. Motion carried 5 ayes to 0 nays.

(The meeting adjourned at 7:24 p.m.)

Respectfully Submitted:

Margaret Abernathy, Recording Secretary
St. John Utility Board

08-23-2018 Utility Board Exhibits.pdf
09-27-2018 Utility Board

September 27, 2018 Utility Board Meeting Minutes

Gregory Volk, President Mark Barenie Stephen Kil, Town Manager
Michael Forbes, Vice-President Stephen Hastings Beth Hernandez, Clerk-Treasurer
Christian Jorgensen    

CALL TO ORDER:

The St. John Utility Board Regular Meeting was called to order on September 27, 2018, by Mr. Volk at 7:02 p.m.

ROLL CALL:

Roll call was taken by Clerk-Treasurer Beth Hernandez. The following Board Members were present: Mark Barenie, Michael Forbes, Stephen Hastings, Gregory Volk, and Christian Jorgensen. Staff Members present: Stephen Kil, Town Manager; Beth Hernandez; Clerk-Treasurer.

APPROVAL OF MINUTES:

Mr. Volk advised the next item on the agenda was the Approval of Minutes for the August 23, 2018 meeting. Mr. Volk asked for any questions or comments from the board.

Hearing none, Mr. Volk entertained a motion to approve the August 23, 2018, meeting minutes. Motion to approve the minutes by Mr. Forbes. Seconded by Mr. Jorgensen. Motion carries 5 ayes to 0 nays.

NEW BUSINESS:

None were had.

REPORTS and CORRESPONDENCE:

None were had.

PAYMENT OF BILLS:

Mr. Volk advised the next item on the agenda was the Payment of Bills. Mr. Volk stated that the total APVs to be paid are $368,168.49 and asked for any discussion. Hearing none, Mr. Volk entertained a motion to pay the bills.

Motion to pay the APVs in the amount of $368,168.49 by Mr. Barenie. Seconded by Mr. Hastings. Motion carries 5 ayes to 0 nays.

PUBLIC COMMENT:

None were had.

ADJOURNMENT:

Mr. Volk entertained a motion to adjourn. Motion by Forbes. Seconded by Mr. Jorgensen. Motion carried 5 ayes to 0 nays.

(The meeting adjourned at 7:04 p.m.)

Respectfully Submitted:

Margaret Abernathy, Recording Secretary
St. John Utility Board

10-25-2018 Utility Board

October 25, 2018 Utility Board Meeting Minutes

Gregory Volk, President Mark Barenie Stephen Kil, Town Manager
Michael Forbes, Vice-President Stephen Hastings Beth Hernandez, Clerk-Treasurer
Christian Jorgensen    

CALL TO ORDER:

The St. John Utility Board Regular Meeting was called to order on October 25, 2018, by Mr. Volk at 7:00 p.m.

ROLL CALL:

Roll call was taken by Clerk-Treasurer Beth Hernandez. The following Board Members were present: Michael Forbes, Stephen Hastings, Gregory Volk, and Christian Jorgensen. Staff Members present: Stephen Kil, Town Manager; Beth Hernandez; Clerk-Treasurer.

Absent: Mark Barenie.

APPROVAL OF MINUTES:

Mr. Volk advised the next item on the agenda was the Approval of Minutes for the September 27, 2018 meeting. Mr. Volk asked for any questions or comments from the board.

Hearing none, Mr. Volk entertained a motion to approve the September 27, 2018, meeting minutes. Motion to approve the minutes by Mr. Forbes. Seconded by Mr. Jorgensen. Motion carries 4 ayes to 0 nays.

NEW BUSINESS:

None were had.

REPORTS and CORRESPONDENCE:

None were had.

PAYMENT OF BILLS:

Mr. Volk advised the next item on the agenda was the Payment of Bills. Mr. Volk stated that the total APVs to be paid are $363,677.59 and asked for any discussion. Hearing none, Mr. Volk entertained a motion to pay the bills.

Motion to pay the APVs in the amount of $363,677.59 by Mr. Jorgensen. Seconded by Mr. Forbes. Motion carries 4 ayes to 0 nays.

PUBLIC COMMENT:

None were had.

ADJOURNMENT:

Mr. Volk entertained a motion to adjourn. Motion by Mr. Jorgensen. Seconded by Mr. Forbes. Motion carried 4 ayes to 0 nays.

(The meeting adjourned at 7:02 p.m.)

Respectfully Submitted:

Margaret Abernathy, Recording Secretary
St. John Utility Board

11-29-2018 Utility Board

November 29, 2018 Utility Board Meeting Minutes

Gregory Volk, President Mark Barenie Stephen Kil, Town Manager
Michael Forbes, Vice-President Stephen Hastings Beth Hernandez, Clerk-Treasurer
Christian Jorgensen    

CALL TO ORDER:

The St. John Utility Board Regular Meeting was called to order on November 29, 2018, by Mr. Forbes at 7:01 p.m.

ROLL CALL:

Roll call was taken by Deputy Clerk-Treasurer Marilyn Hrnjak. The following Board Members were present: Mark Barenie, Michael Forbes, Stephen Hastings, and Christian Jorgensen. Staff Members present: Stephen Kil, Town Manager and Marilyn Hrnjak, Deputy Clerk-Treasurer, representing Beth Hernandez, Clerk-Treasurer.

Absent: Gregory Volk and Beth Hernandez, Clerk-Treasurer.

APPROVAL OF MINUTES:

Mr. Forbes advised the next item on the agenda is the Approval of Minutes for the October 25, 2018 meeting. Mr. Forbes asked for any questions or comments from the board.

Hearing none, Mr. Forbes entertained a motion to approve the meeting minutes. Motion to approve the minutes by Mr. Jorgensen. Seconded by Mr. Hastings. Motion carries 3 ayes to 0 nays with 1 abstention by Mr. Barenie due to being absent from that meeting.

NEW BUSINESS:

A. Consider Request of Richard and Marcella Walters, 9173 Settlers Ridge, for a Waiver of Sewer Fees in the amount of $89.93
Mr. Forbes advised the next item on the agenda is to consider a request of Richard and Marcella Walters, 9173 Settlers Ridge, for a waiver of sewer fees in the amount of $89.93.

Mr. Kil advised that Mr. and Mrs. Walters wrote a very nice, heartfelt letter. They made a mistake and left their spigot running, and they are asking for forgiveness from the board for $89.93, for sewer only.

Mr. Forbes advised that giving such waivers is consistent with what the board typically does.

Mr. Kil concurred and stated it is the pleasure of the board.

Mr. Forbes asked if there were any questions or comments. Hearing none, he entertained a motion to waive sewer fees for Richard and Marcella Walters

Motion to waive the fees of $89.93 by Mr. Jorgensen. Seconded by Mr. Hastings. Motion carries 4 ayes to 0 nays.

REPORTS and CORRESPONDENCE:

None were had.

PAYMENT OF BILLS:

Mr. Forbes advised the next item on the agenda is the Payment of Bills. Mr. Forbes stated that the total APVs to be paid are $283,028.76 and asked for any discussion. Hearing none, Mr. Forbes entertained a motion to pay the bills.

Motion to pay the APVs by Mr. Barenie. Seconded by Mr. Jorgensen. Motion carries 4 ayes to 0 nays.

PUBLIC COMMENT:

None was had.

ADJOURNMENT:

Mr. Forbes entertained a motion to adjourn. Motion by Mr. Jorgensen. Seconded by Mr. Barenie. Motion carried 4 ayes to 0 nays.

(The meeting was adjourned at 7:04 p.m.)

Respectfully Submitted:

Margaret Abernathy, Recording Secretary
St. John Utility Board

12-27-2018 Utility Board

December 27, 2018 Utility Board Meeting Minutes

Gregory Volk, President Mark Barenie Stephen Kil, Town Manager
Michael Forbes, Vice-President Stephen Hastings Beth Hernandez, Clerk-Treasurer
Christian Jorgensen    

CALL TO ORDER:

The St. John Utility Board Regular Meeting was called to order by Mr. Forbes on December 27, 2018, at 6:59 p.m.

ROLL CALL:

Roll call was taken by Clerk-Treasurer Beth Hernandez. The following Board Members were present: Mark Barenie, Michael Forbes, and Christian Jorgensen. Staff Members present: Stephen Kil, Town Manager; Beth Hernandez, Clerk-Treasurer; and Joseph Svetanoff, Town Attorney.

Absent: Stephen Hastings and Gregory Volk.

Mr. Forbes declared the presence of a quorum.

APPROVAL OF MINUTES:

Mr. Forbes advised the next item on the agenda is the Approval of Minutes for the November 29, 2018 meeting and asked for any questions or comments from the board.

Hearing none, Mr. Forbes entertained a motion to approve the meeting minutes.

Motion to approve the minutes by Mr. Jorgensen. Seconded by Mr. Barenie. Motion carries 3 ayes to 0 nays.

NEW BUSINESS:

A. Consider Approval and Authorization for the Clerk-Treasurer to Write Off Unpaid Balances in the Amount of $108.04
Mr. Forbes advised the next item on the agenda is to consider approval and authorization for the Clerk-Treasurer to write off unpaid utility balances in the amount of $108.04.

Motion to authorize the write off the unpaid utility bills in the balance of $108.04 by Mr. Barenie. Seconded by Mr. Jorgensen. Motion carries 3 ayes to 0 nays.

B. Consider Approval and Authorization for the Clerk-Treasurer to Delete Inactive, Obsolete, or Other Certain Utility Customer Accounts
Mr. Forbes advised the next item on the agenda is to consider approval and authorization for the Clerk-Treasurer to delete inactive, obsolete, or other certain utility customer accounts.

Motion for the deletion of certain utility customer accounts as determined by the Clerk-Treasurer by Mr. Barenie.

Before seconding the motion, Mr. Jorgensen stated that he understands deleting inactive and obsolete accounts, but what’s “or other certain utility customer accounts”?

Ms. Hernandez responded that it would be people who don’t have our normal services.

Mr. Kil responded that it is people who move out of town. Ms. Hernandez stated that these are basically people who moved out of town and have a zero balance.

Mr. Jorgensen asked if, by this motion, Ms. Hernandez gets to delete whomever. Ms. Hernandez responded that the list of those to be deleted are in the packet.

Mr. Forbes advised that this is a yearly housekeeping item.

Seconded by Mr. Jorgensen. Motion carries 3 ayes to 0 nays.

REPORTS and CORRESPONDENCE:

Ms. Hernandez thanked Donna Little and gave accolades to for her efforts at collecting monies due and owing for the utility bills. In 2018, they collected $6,397,653 and only $108 was uncollected. Ms. Hernandez noted that Ms. Little has done a fabulous job.

PAYMENT OF BILLS:

Mr. Forbes advised the next item on the agenda is the Payment of Bills. Mr. Forbes stated that the total wastewater APVs to be paid are $409,167.54 and asked for any discussion. Hearing none, he entertained a motion to pay the bills.

Motion to pay the APVs by Mr. Jorgensen. Seconded by Mr. Barenie. Motion carries 3 ayes to 0 nays.

PUBLIC COMMENT:

None was had.

ADJOURNMENT:

Mr. Forbes entertained a motion to adjourn. Motion by Mr. Jorgensen. Seconded by Mr. Barenie. Motion carried 3 ayes to 0 nays.

(The meeting was adjourned at 7:04 p.m.)

Respectfully Submitted:

Margaret Abernathy, Recording Secretary
St. John Utility Board

Accessibility  Copyright © 2020 Town of St. John, Indiana Accessible Version  Follow us on Facebook Logo