St. John Indiana - Founded 1837
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April 26, 2012 Town Council Minutes

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

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

Proclamation: May 12, 2012 as "Fibromyalgia Awareness Day" - Mr. Forbes read the attached proclamation (Exhibit A). Mr. Gembala motioned to approve the Proclamation. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Public Hearing ‐ 2012 Community Development Block Grant Project

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

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

OPENING REMARKS FOR CDBG PUBLIC HEARING

Each spring, the Lake County Community Economic Development Department applies to the U.S. Department of Housing and Urban Development (HUD) for new funding through the Community Development Block Grant program (CDBG).

One of the application requirements is to hold public hearings in the communities where CDBG funding is allocated in order to obtain input from the local citizens on the proposed use(s) of the new funding. For FY2012-2013, the Town of St. John CDBG allocation is $69,500.00.

The most common use of CDBG funds is for infrastructure, including street reconstructions, sanitary sewers, water line extensions, storm drainage improvements, sidewalks, and projects to remove architectural barriers (handicapped access), such as curb cuts and wheelchair ramps. CDBG funds may also be used to eliminate slums and blight through demolition of unsafe buildings or other clearance activities.

CDBG funded infrastructure projects may only be done in areas where the neighborhood is at least 51% low/moderate income according to HUD guidelines. In most cases, an income survey must be done to qualify the area for funding eligibility. The income information taken by the survey is strictly confidential, and is used solely for the purpose of determining the area's eligibility for CDBG funding.

Handicapped access projects and demolition may be done anywhere in a community, without the need for area income determinations.

The public hearing is just the start of the application process for Lake County. There are a series of legal advertisements and comment periods that take place during the summer, prior to final grant approval from HUD in late August. New CDBG funding is released to the County and its entitlement communities on or around September 1st and needs to be expended by June 13th of the following year.

After public comment tonight, three documents need to be read and adopted: the Affirmative Action Program, Section 3 Understanding, and a Resolution authorizing the City/Town Executive to submit a project proposal for CDBG funding.

Finally, Project Applications, and supporting documentation, need to be submitted no later than May 18th, 2012 for review by Lake County.

The floor is open for comments.

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

AFFIRMATIVE ACTION PROGRAM IMPLEMENTING SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 SPECIFIC AFFIRMATIVE ACTION STEPS

TOWN OF ST. JOHN agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and project area businesses.

A. To ascertain from the HUD Area Office, Director the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials of the department in preparing and implementing the affirmative action plan.

B. To attempt to recruit from the appropriate areas the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan or the U.S. Employment Service.

C. To maintain a list of all lower income area residents who have applied either on their own or on referral from any source and to employ such persons, if otherwise eligible and if a vacancy exists.

D. To insert this affirmative action plan in all bid documents, and to require all bidders to submit a Section 3 Affirmative Action Plan including utilization goals and the specific steps planned to accomplish the goals.

E. To insure that contracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project area, are also let on a negotiated basis, where ever feasible when let in a Section 3 covered project area.

F. To formally contact unions, subcontractors and trade associations, to secure their cooperation for this program.

G. To insure that all appropriate project area business concerns are notified of pending contractual opportunities.

H. To maintain records including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken.

I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 Affirmative Action Plan.

Signature

TOWN COUNCIL PRESIDENT
Title

CITIZEN PARTICIPATION PLAN

The following is a detailed citizen participation plan which:

1. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used, and provides participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction;

2. Provides citizens with reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, as required by the regulations of the Secretary, and relation to the actual use of funds under the Act;

3. Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance to be determined by the grantee;

4. Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped;

5. Provides for a timely written answer to written complaints and grievances, within fifteen (15) working days where practicable; and

6. Identifies how the needs of non-English speaking residents will be in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate.

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

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

LAKE COUNTY, INDIANA

Section 3 Understanding

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

Section 3 covered projects are construction, reconstruction, conversion, or rehabilitation of housing, including reduction and abatement of lead based paint hazards, or other public construction which includes building and improvements assisted with HUD housing and community development assistance. Section 3 covered contracts do not include contacts for purchase of supplies and materials. However whenever a contract for materials includes the installation of the materials, the contract constitutes a Section 3 covered contract.

Fund recipients and contractors must show compliance with the numerical goals set forth by the regulations. The numerical goals for new hires apply only to the number of new hires generated because of the financial assistance of the HUD programs. The numerical goals are not absolute numerical requirements. They are goals that each recipient and contractor should try to reach. The goals, if not met, do not trigger sanctions against the recipient or contractor. However, if challenged on the issue of compliance with Section 3, the recipient or contractor should be ready to demonstrate that they tried to reach these goals. The goals are as follows:

30% of all covered new hires for the year FY 2012-2013

In addition, recipients and contractors are required to show compliance with the goal that at least10% of any building trade activity, which is subcontracted, and 3% of non building trade activity (construction management, etc.), is awarded to eligible Section 3 business concerns.

Further information regarding these requirements may be found in the Federal Regulations at 24 CFR 135 and the Lake County Section 3 Plan.

I certify that I Have read the information above and understand the Section 3 requirements and numerical goals.

Name:

Title:

Date:

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

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

RESOLUTION NUMBER 12-04-26

A RESOLUTION AUTHORIZING AND DIRECTING THE TOWN COUNCIL PRESIDENT OF THE TOWN ST. JOHN TO SUBMIT A PROJECT PROPOSAL FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FEDERAL FISCAL YEARS 2012-2013

WHEREAS, under the provisions of Title 1 of the Housing and Community Development Act of 1974, as amended to date, Lake County, Indiana is authorized to provide financial assistance to units of general local government for undertaking and carrying out Community Development activities; and

WHEREAS, it is provided in such Act that the unit of general local government shall provide a satisfactory assurance prior to submission of its Application, that it has held one public hearing to obtain the views of citizens of Community Development needs; and

WHEREAS, the Town of St. John is proposing a project for assistance under the Housing and Community Development Act of 1974, as amended to date, and proposes to undertake and make available a total project cost of SixtyNine Thousand Five Hundred Dollars ($69,500.00); and

WHEREAS, the Town of St. John has held one formal public hearing on the proposed program and has made available to the general public, through the mass media and other sources, information concerning the program; and

WHEREAS, the Town of St. John has general knowledge of the proposed uses of such funds and is cognizant of the conditions that are imposed in the undertaking and carrying out of Community Development activities and undertaking with Federal financial assistance under Title 1, including those prohibiting discrimination because of race, color, creed, sex or national origin;

NOW THEREFORE, BE IT RESOLVED, by the Town of St. John, Indiana:

Section1: That the Town Council President of the Town of St. John, IN is hereby authorized to file a Project proposal for funds under Title 1 of the Housing and Community Development Act of 1974, as amended to date, with Lake County, Indiana and provide all information and assurances as may be necessary under the Act.

ST. JOHN TOWN COUNCIL

Town Council President

ATTEST:

Sherry P. Sury, Clerk-Treasurer

New Business

Consider bid award for new 2012 Snow Plow ‐ Mr. Austgen stated that they reviewed the bids and recommend the lowest response and responsible bidder after careful and exhaustive review; Truck City of Gary for $147,428.00 as referenced in the Council member's package. Mr. Volk motioned to award the bid to Truck City of Gary for $147,428.00. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0. Mr. Kil stated that provided they get the notice to them, the Town should receive the snow plow by the end of October.

Consider award of the 2011 CDBG Project ‐ Watt's Subdivision Drainage Project ‐ Mr. Forbes stated that the lowest responsible bidder is Walsh & Kelly for $50,658.00. Mr. Gembala motioned to award the bid to Walsh & Kelly. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.

Consider commitment letter for Girls' Softball donation in an amount not to exceed $50,000 (Fifty Thousand Dollars and No Cents) ‐ Mr. Kil stated that this is to formalize the Town Council's commitment. Mr. Austgen added that he was confused by this item, where they are in the project and what the intent is. Mr. Kil stated that he is looking for a document for the loan officer for the Girls' Softball program of the Town's commitment to this project. Discussion ensued. Mr. Volk motioned for the Town Attorney and the Town Manager to continue discussions concerning the lease agreement with Girls' Softball to develop the bathroom/concession facility and to continue with the conditional commitment not to exceed $50,000.00. Seconded by Mr. Bustamante. Motion passed with a vote of 4-0.

Consider purchase of new 2012 Ambulance for St. John Fire Department ‐ Chief Willman stated that this is a demonstration model that has less than 4,000 miles. The one that is being replaced was bought used, is a 1998 and has 79,000 miles on it; he feels any repairs done on it would be short term. Mr. Austgen confirmed Mr. Forbes question that this item does not have to go out for bid as it cannot be spec'd or bid. It's within the price parameters; it's a demo, which is why it cannot possibly be practically bid. Mr. Bustamante motioned to approve the purchase of the demo model in the amount of $131,000.00. Seconded by Mr. Volk. Motion passed with a vote of 4-0.

Consider appointment of members to the Economic Development Committee ‐ Mr. Kil stated that an Economic Development Committee was created to develop strategies to market the St. John community to retail, restaurants, and other communities. Mr. Forbes read the list of members:

Mr. Stephen Z. KilTown Manager
Mr. Mark Barenie Town Council Vice-President
Mr. Nick Georgio St. John Chamber of Commerce
Mr. Bill Keith General Contractor
Mr. Mark Hill Centier Bank, Branch Manager
Ms. Kelly Stoming Peoples Bank
Mr. Rich Setlak Resident Member
Mr. John DeYoung Furniture store owner

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

Consider acceptance Letter of Credit for Meyer's Development in the amount of $45,139.80 (Forty Five Thousand One Hundred Thirty Nine and Eighty Cents) - Mr. Volk motioned to accept the Replacement Letter of Credit for Meyer's Development in the amount of $45,139.80. Seconded by Mr. Gembala. Motion passed with a vote of 4-0.

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

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

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

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

Reports & Correspondence

Town Council

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

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

Clerk-Treasurer

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

Staff

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

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

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

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

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

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

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

Public Comment

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

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

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

ATTEST:

/s/ Sherry P. Sury Clerk-Treasurer