St. John Indiana - Founded 1837
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January 24, 2013 Town Council Minutes

Michael Forbes, PresidentAttorney David Austgen
Larry Bustamante, Vice-PresidentSherry Sury, Clerk-Treasurer
Gregory VolkSteve Kil, Town Manager
Mark Barenie 
Ken Gembala 

CALL TO ORDER:
In the absence of Michael Forbes, Town Council President, Vice-President, Larry Bustamante called to order the regular meeting of January 24, 2013, at 7:27 p.m. (The Pledge of Allegiance was said.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(General discussion ensued.)

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

F. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

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

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

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

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

G. CONSIDER ANNUAL DONATION TO TRI-TOWN SAFETY VILLAGE

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

REPORTS AND CORRESPONDENCE:

A. ATTORNEY:
Attorney Austgen had nothing additional to report.

B. TOWN COUNCIL
Mr. Gembala had nothing to report. Mr. Volk had nothing report.

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

Mr. Barenie had nothing to report.

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

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

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

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

PUBLIC COMMENT:
Mr. Bustamante called for public comment. There was no public comment.

ADJOURNMENT:
Mr. Bustamante stated he would entertain a motion to adjourn. "So moved," by Mr. Barenie. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0). (The meeting was adjourned at 7:46 p.m.)

A TRUE COPY

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Susan E. Wright
Recording Secretary St. John Town Council