St. John Indiana - Founded 1837
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March 22, 2012 Town Council Minutes

Mr. Forbes called the meeting to order at 7:05 P.M. and led the Pledge of Allegiance. Roll call was taken with the following members present: Michael Forbes, President; Mark Barenie, Vice- President; Gregory Volk, Member; Ken Gembala, Member; Larry Bustamante, Member; David Austgen, Attorney; Steve Kil, Town Manager, and Sherry Sury, Clerk-Treasurer. Also in attendance was Fred Frego, Police Chief; Fred Willman, Fire Chief; and Chip Sobek, Parks Superintendent.

Swearing-In Ceremony: New Police Officer Dan Kolodziej ‐ Ms. Sury administered the oath of a Police Officer to Dan Kolodziej.

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

New Business

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

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

Consider Ordinance #1555, an ordinance amending the 2012 Salary Ordinance ‐ Mr. Forbes asked that this item be deferred for one month, he stated that there is another issue that needs to be addressed. Mr. Austgen also recommended that this be deferred for one month. Mr. Gembala motioned to defer this item for one month. Seconded by Mr. Bustamante. Motion unanimously passed.

Authorization for Town Hall to be used as a "Polling" place for the Primary Election on Tuesday, May 8, 2012 ‐ Mr. Forbes said there have been numerous complaints by the workers and the people that utilize the Public Works building; lack of heat, fumes, etc. Mr. Barenie motioned to authorize the Town Hall main meeting room be used as a polling place for the Primary Election on Tuesday, May 8, 2012. Seconded by Mr. Volk. Motion unanimously passed.

Bid opening for new 2013 Snow Plow

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

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

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

RES #12-03-22 a Resolution authorizing the lease purchase of 3 new squad cars ‐ Mr. Austgen stated that this is a resolution that authorizes the lease purchase financing of the squads proposed to be purchased. It is his understanding that the squads have been state bid. This resolution authorizes the plan for lease purchase financing and authorizes the Town Council President and Clerk-Treasurer to execute documents appropriate for same. Mr. Gembala motioned to approve Resolution #12-03-22. Seconded by Mr. Barenie. Motion unanimously passed.

Consideration and authorization of the retirement of the Police Department Canine (K-9) unit ‐ Mr. Forbes stated that the animals health dictates the retirement of the canine, ORK, and transfer of ownership to Officer Flores. Mr. Austgen added that the State Statute mandates a declaration by the Council that this asset of the Town needs to be declared no longer useful and fit for the purpose in any motion that is solicited. Mr. Gembala motioned to approve the retirement of the canine, authorize the transfer of the ownership, and deem the Police Dog no longer able to serve its purpose and value. Seconded by Bustamante. Motion unanimously passed.

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

Consider acceptance of replacement Letter of Credit for Three Springs, Unit 2 in the amount of $494,005.60 ‐ Mr. Barenie motioned to accept the replacement Letter of Credit for Three Springs, Unit 2 in the amount of $494,005.60. Seconded by Mr. Volk. Motion unanimously passed.

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

Reports & Correspondence

Town Council ‐ None

Clerk-Treasurer ‐ None

Staff

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

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

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

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

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

Public Comment

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

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

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

ATTEST:

/s/ Sherry P. Sury Clerk-Treasurer