St. John Indiana - Founded 1837
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February 28, 2013 Town Council Minutes

Michael Forbes, PresidentAttorney David Austgen
Larry Bustamante, Vice-PresidentChief Fred Frego
Mark BarenieSherry Sury, Clerk-Treasurer
Gregory VolkSteve Kil, Town Manager
Ken GembalaChip Sobek

CALL TO ORDER:
Mr. Michael Forbes called to order the regular meeting of February 28, 2013, at 7:15 p.m.
(The Pledge of Allegiance was said.)

ROLL CALL:
Ms. Sherry Sury, Clerk Treasurer, took roll call with the following members present: Michael Forbes, Larry Bustamante, Greg Volk, Mark Barenie, and Ken Gembala. Attorney David Austgen was present. Staff members present: Steve Kil. Chief Fred Willman was present. Chief Frego was present. Recording Secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES:
January 10, 2013, regular session;
February 14, 2013, regular session,
February 14, 2013, Executive Session;
January 24, 2013, Board of Finance, Special Session.

Mr. Forbes noted he was absent from the January 24, 2013, meetings. He stated that the following minutes were before the Council for their review and approval, regular meeting, January 10, 2013; regular meeting, February 14, 2013; and, Executive Session, February 14, 2013. Mr. Forbes asked if there were any questions or comments related to the aforementioned minutes. The Councilmen had no comment.

Mr. Forbes stated he would entertain a motion to approve the minutes of the regular meeting of January 10, 2013; regular meeting of February 14, 2013; Executive Session of February 14, 2013. “So moved,” by Mr. Barenie. The motion was seconded by Mr. Bustamante. The motion was carried by voice vote (4/0). Mr. Gembala abstained from the vote on the regular meeting minutes and Executive Session meeting minutes of February 14, 2013, citing his absence on that date.

Mr. Forbes stated that he would entertain a motion to approve the January 24, 2013, regular meeting, and the January 24, 2013, Board of Finance, Special Session. “So moved,” by Mr. Greg Volk. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0). Mr. Forbes abstained from the vote on the January 24, 2013, meeting minutes citing his absence.

PUBLIC HEARING:
A. CONSIDER RESOLUTION 13-02-28 – A RESOLUTION FOR ADDITIONAL APPROPRIATIONS – PUBLIC HEARING

Mr. Forbes explained to the Council that $40,000 was being appropriated from the Solid Waste monies. He stated the money is being appropriated from the fund containing grant money. He stated that the $40,000 will be used for the purchase of a new leaf vac.

Mr. Forbes asked Attorney Austgen if the Proofs of Publication were in order for the public hearing. Attorney Austgen stated that the record should reflect timely publication of the Notice of Additional Appropriation in the Northwest Indiana Times as evidenced by the Publisher’s Affidavit. He stated that the Proof of Posting was presented by Clerk-Treasurer, Sherry Sury, along with the certificate reflecting proper posting, all of which are contained in the file. Attorney Austgen noted that the public hearing has been properly noticed.

Mr. Forbes asked Mr. Kil for any additional comment. Mr. Kil had no comment. Mr. Forbes asked the Council members for any comment. The Councilmen had no comment.

Mr. Forbes opened the floor for public comment. There was no public comment. Mr. Forbes closed the public hearing and brought the matter back before the Council.

Mr. Forbes stated he would entertain a motion on Resolution Number 13-02-28, a resolution for additional appropriations. “So moved,” by Mr. Bustamante. The motion was seconded by Mr. Barenie. The motion was unanimously carried by voice vote (5/0).

NEW BUSINESS:
A. CONSIDER ORDINANCE 1568 – THE AMENDED PROVISIONS AND TERMS OF WD 27 WITH A FAVORABLE RECOMMENDATION BY THE WATERWORKS BOARD

Mr. Forbes stated the next item on the agenda was consideration of Ordinance 1568, the amended provisions and terms of WD 27, with a favorable recommendation by the Waterworks Board. He asked the Councilmen if they had any questions. The Councilmen had no comments or questions.

Mr. Forbes stated he would entertain a motion to consider Ordinance Number 1568, on first reading. “So moved, “ by Mr. Barenie. The motion was seconded by Mr. Volk. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion to adopt Ordinance Number 1568. “So moved,” by Mr. Volk. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

B. CONSIDER RESOLUTION NUMBER 13-02-28A – A RESOLUTION PROVIDING FOR TRANSFER OF APPROPRIATIONS

Mr. Forbes stated that the next item on the agenda was for the Council to consider Resolution Number 13-02-28A, a resolution providing for transfer of appropriations. Mr. Forbes requested that Mr. Kil update the Council.

Mr. Kil stated that this appropriation was for the purchase of a bucket truck for the Town. Ms. Sury concurred. She stated money had to be transferred from “Supplies” to “Equipment” (from the 200s to the 400s) in order to pay for the bucket truck out of the proper fund. Mr. Forbes asked the Council if they had any questions. There were no comments or questions from the Councilmen.

Mr. Gembala made a motion to consider Resolution Number 13-02-28A. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

C. ORDINANCE NUMBER 1569 – AN ORDINANCE AMENDING ORDINANCE NUMBER 1483 – ZONING REGARDING LIGHTING STANDARDS WITH A FAVORABLE RECOMMENDATION FROM THE PLAN COMMISSION

Mr. Forbes stated that Ordinance Number 1569 was before the Council for their consideration. He noted that Ordinance Number 1569 was an ordinance to amend Ordinance Number 1483, the zoning ordinance regarding the Town’s Lighting Standard(s). The Plan Commission had forwarded Ordinance Number 1569 to the Town Council with a favorable recommendation.

Mr. Forbes asked the Council if they had any questions or comments on Ordinance Number 1569. Mr. Barenie stated that all of his questions on Ordinance 1569 had been answered by Mr. Volk. There were no further comments from the Councilmen.

Mr. Forbes stated that he would entertain a motion to adopt Ordinance Number 1569. “So moved,” by Mr. Volk. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:
A. ATTORNEY:
Attorney Austgen had nothing to report.

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

Mr. Volk stated that he had talked with Mr. Kil earlier in the week regarding an updated list for street repairs and/or street paving. Mr. Kil stated that he is in the process of updating the list of all the roads in Town; he stated that the roads will be categorized in a range from “Excellent” to “Very Poor.”

Mr. Gembala noted that in the older sections of Town, especially, there is grass growing up through the cracks in the streets. Mr. Kil stated that once the street repair list is updated he will distribute it to the Council. He stated that the Council will then be able to review the list and prioritize the street repairs/paving.

Mr. Kil informed the Board that the “Local Road and Street Money” is never used to pave roads; he stated that the money in this fund is used to buy road salt. He stated pursuant to the Town’s contract with the State, the Town is contractually obligated to purchase 80% of their salt allotment each year. Mr. Kil noted that the Town has not needed salt for the past couple of years.

Mr. Volk asked if sidewalk repairs were on the schedule for calendar year 2013. He asked if any sidewalk repairs were done in 2012. Mr. Kil stated that approximately $20,000 a year is spent on sidewalk repairs.

(General discussion ensued.)

Mr. Barenie asked about the status of “potholes.” Mr. Kil stated, that potholes have been under control so far this year. He stated he has fielded surprisingly few complaint calls thus far this year about potholes.

(General discussion ensued.)

Mr. Bustamante remarked that the condition of Joliet Street is “disgusting.” He asked if this road will ever be repaired. Mr. Bustamante stated something should be done about Joliet Street as it is a pretty well-traveled street. Mr. Forbes stated that the repair of Joliet Street is the responsibility of the developer. Mr. Kil stated that Joliet Street repair is tied to the approval of Unit 4, in the Renaissance development. Mr. Kil stated that Unit 4 in the Renaissance has not been approved for final plat.

(General discussion ensued.)

Mr. Forbes explained that Joliet Street was originally slated to be finished as part of the Gates of St. John development until the property was sold off to the Renaissance development. Mr. Kil stated that the economy had a significant impact on the Renaissance development. He stated that nothing can be done until the aforementioned unit is final platted.

Mr. Forbes reported that Rick Stroh, one of the public works employees will be retiring effective Monday, March 4, 2013. Mr. Forbes asked the Council to authorize the hiring of a new public works employee, and to use the previously received applications. Mr. Forbes stated that there are hundreds of applications to review.

Mr. Kil informed the Council that ten candidates have been interviewed. Mr. Kil stated he is only looking to hire one individual to replace the retiring employee.

(General discussion ensued.)

Mr. Forbes stated that the Council would need to authorize the hiring of a new public works employee; he asked for a motion. Mr. Volk made a motion to authorize hiring of one (1) employee for the Public Works Department. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0).

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

Chief Frego updated the Council with the January 1-31, 2013, activity report for the Police Department. Chief Frego informed the Council that Tri Kappa requested permission for a 5k run behind Lake Central High School on April 27, 2013. Chief also informed the Council stated that the Town will host the Triathlon on May 11, 2013. Chief Frego stated he wanted to apprise the Council on upcoming events being held in Town.

(General discussion ensued.)

Chief Frego updated the Council with a progress report on the Hire-A-Vet. He stated that 63 applications were passed out, and 29 applications were returned to the Police Department. He stated of the 29 applications turned in, four were incomplete. Twenty five individuals showed up for orientation with four individuals being eliminated at the orientation. Agility testing was held last Saturday with 21 individuals participating; all 21 participants passed the agility tests. Chief Frego stated that written tests are scheduled for March 16, 2013. He stated that he met with Dr. Verraco yesterday to coordinate dates so that they can jointly interview the potential candidates in the month of April/May.

Mr. Gembala lauded the three police officers for a job well done on the arrest for a house break-in. Chief Frego stated that the officers followed footprints in the snow, behind the trees and through the forest, found the culprit and made an arrest. Chief Frego stated most of the stolen items were recovered.

Attorney Austgen requested that Chief Frego update the Council on the business related to the E 911 meeting he attended. Chief Frego stated that the E 911 meeting was standing room only. He stated that the Lake County Sheriff also attended the meeting. Chief Frego informed the Council that the Lake County Commissioners have fired all of the E 911 consultants except one. He stated that the County’s 911 director’s contract was up and was not renewed.

Chief Frego stated that the only positive outcome of the meeting was that it has been agreed they can proceed with the Quantitative Purchase Agreement. He stated that Motorola holds this contract for the purchase agreement. Chief Frego stated it will be a no-bid process. He stated that Motorola will provide the service, engineering and consultants.

Mr. Forbes asked which building was chosen to house the E 911 center. Chief Frego stated that the E 911 center will be housed in the third floor of the government center after renovations have been completed.

(General discussion ensued.)

Chief Frego stated that the entire project hinges on finances. He stated that there are attempts being made to persuade the County Council to sign the interlocal agreement. He stated that the next meeting related to the E 911 would be in mid-March. Chief Frego stated that the meetings seem to be filled with controversy.

Attorney Austgen remarked that he had reviewed an item circulated by Mr. Forbes regarding the Student Resource Officer and the possibility that funding could be at risk due to the sequester.

Mr. Kil stated that they had looked into the funding. Chief Frego stated that he was pretty confident that the funding would not be affected for year 2013. He stated that a grant was awarded in fiscal year June of 2012.

(General discussion ensued.)

Chief Willman updated the Council with the Fire Department’s activity report for the month of January, 2013.

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

PAYMENT OF BILLS:
Mr. Forbes announced that the next item for the Council to consider was payment of the bills. He stated that APVs Nos. 7157 through 7365 amounted to $1,443,294.60.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to approve the APVs Nos. 7157 through 7365 in the amount $1,443,294.60. “So moved,” by Mr. Gembala. The motion was seconded by Mr. Volk. The motion was unanimously carried by voice vote (5/0)

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

ADJOURNMENT:
Mr. Forbes stated he would entertain a motion to adjourn. “So moved,” by Volk. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0). (The meeting was adjourned at 7:50 p.m.)

A TRUE COPY

_______________________________________________
Susan E. Wright
Recording Secretary St. John Town Council