St. John Indiana - Founded 1837
Return to Menu

June 13, 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:
Mr. Forbes called to order the regular meeting of the Town Council for June 13, 2013, at 7:12 p.m. (The Pledge of Allegiance was recited.)

ROLL CALL:
Roll call was taken by Clerk-Treasurer, Sherry Sury, with the following members present: Michael Forbes, Larry Bustamante, Gregory Volk, Mark Barenie and Ken Gembala. Staff members: Steve Kil. Attorney Austgen was present. Chief Frego was present. Chief Willman was absent. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was present.

NEW BUSINESS:
A. CONSIDER WASTE/RECYCLING CONTRACT EXTENSION WITH ALLIED WASTE SERVICES

Mr. Forbes noted the first order of business before the Council was consideration of the waste/recycling contract extension with Allied Waste Services. He recommended that the Council defer this matter in order to continue discussions with Allied Waste Services. Mr. Forbes stated he believed that there was a little more room to negotiate a favorable rate for services with Allied Waste.

Mr. Forbes asked if there was any discussion on this matter. There was no comment from the council members. Mr. Forbes stated he would entertain a motion to defer action on the contract extension with Allied Waste Services. "So moved," by Mr. Gembala. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

B. RESOLUTION NUMBER 13-06-13, A RESOLUTION OF AN INTERLOCAL COOPERATIVE AGREEMENT FOR THE PURPOSE OF A STUDENT RESOURCE OFFICER (SR0) AT LAKE CENTRAL HIGH SCHOOL

Mr. Forbes stated that Resolution Number 13-06-13 was a resolution for an Interlocal Cooperative Agreement for a Student Resource Officer. He noted that there are some unresolved language issues within the Agreement. He asked that action on the Interlocal Cooperative Agreement be deferred.

Attorney Austgen, for the record, informed the Council that Lake Central School Corporation's counsel has carefully reviewed the Interlocal Agreement. He stated that based upon comments by the attorney for Lake Central School Corporation, the contract needs some "fine tuning." Attorney Austgen stated that all other parties have checked off on the Agreement. He stated that the Interlocal Agreement contract will be finalized in approximately two weeks.

Mr. Forbes asked the Council if they had any questions. There were no questions. Mr. Forbes stated he would entertain a motion to defer action on Resolution Number 13-06-13. "So moved," by Mr. Barenie. The motion was seconded by Mr. Gembala. The motion was unanimously carried by voice vote (5/0).

C. CONSIDER STREET SWEEPING AGREEMENT WITH INDIANA DEPARTMENT OF TRANSPORTATION (INDOT)

Mr. Forbes stated the Council would consider the street sweeping agreement that the Town has with the Indiana Department of Transportation. He asked Mr. Kil to address this matter.

Mr. Kil informed the Council that the Town has had an agreement with INDOT since 1989 wherein the Town is reimbursed by INDOT for sweeping the (US Route 41) streets. He stated that part of the Town's MS4 initiative/project requires that the streets be swept. He stated that the Town regularly sweeps US Route 41 for INDOT and is reimbursed for doing so.

Mr. Kil stated that Attorney Austgen has reviewed the agreement. He recommended that the Council approve this agreement and authorize Mr. Forbes to sign the same.

Mr. Gembala made a motion to approve the street sweeping agreement with INDOT, and authorize Town Council President, Michael Forbes, to sign the same. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

D. ORDINANCE NUMBER 1571, AN ORDINANCE PROVIDING FOR A CHANGE OF ZONE FROM R-3 TO C-2 FOR A SKILLED NURSING FACILITY – PETITIONER: PROVIDENCE LIFE SERVICES (FAVORABLE RECOMMENDATION FROM THE PLAN COMMISSION)

Mr. Forbes noted that Ordinance Number 1571 was an ordinance providing for a change of zone from R-3 to C-2 for a skilled nursing facility for Petitioner, Providence Life Services. He noted that the Plan Commission forwarded this zoning change with a favorable recommendation. Mr. Forbes stated that this zoning change is related to one corner out lot of a parcel in a large development in the Gates of St. John that was previously approved quite some time ago.

Mr. Forbes stated that Providence Life Services purchased this property with the intention of building a home health care facility. He noted that this will be a significant development. Mr. Kil informed the Council that the Petitioner, Providence Life Services, is scheduled to appear before the Board of Zoning Appeals on June 24, 2013, seeking a special exception in order to operate the proposed skilled nursing facility. Mr. Kil agreed with Mr. Forbes that this will be a large development.

(General discussion ensued.)

Mr. Forbes remarked that this project will be a positive addition to the Town of St. John. Mr. Bustamante concurred.

Mr. Forbes stated he would entertain a motion to adopt Ordinance Number 1571. "So moved," by Mr. Bustamante. The motion was seconded by Mr. Volk. The motion was unanimously carried by voice vote (5/0).

E. CONSIDER APPROVAL OF CONFLICT WAIVER FROM BARNES & THORNBURG

Mr. Forbes stated that the Council would consider approval of a contract waiver received from Barnes & Thornburg. Attorney Austgen explained to the Council that the law firm of Barnes and Thornburg has been longstanding bond counsel for the Town. He stated that the firm is also a nationally recognized bond counsel. He stated that Mesirow Financial is the Town's underwriter for the bond refunding matter that is currently pending.

Attorney Austgen stated that Barnes & Thornburg periodically represents underwriters in the course of their business. He explained that according to the Rules of Professional Conduct, Barnes & Thornburg notified the Town that it has, in the past, represented Mesirow Financial, as an underwriter in placing financings.

Attorney Austgen explained that under the aforementioned, applicable Rules of Professional Conduct, Barnes & Thornburg is duty bound to notify the Town of these dealings. As a consequence of this notice, Attorney Austgen stated that Barnes & Thornburg is asking the Council to waive any conflict of interest in the bond refunding matter. He stated this is a proper request that adheres to the Indiana Rules of Professional Conduct.

Mr. Forbes stated that he would entertain a motion to approve the conflict waiver presented by Barnes & Thornburg, and authorize the Town Council President, Mr. Michael Forbes, to sign the same. "So moved," by Mr. Volk. The motion was seconded by Mr. Gembala. The motion was unanimously carried by voice vote (5/0).

F. CONSIDER CONSULTANT AGREEMENT FOR THE OPERATION OF THE HAUNTED HOUSE FOR 2013 ($7,000.00) FEE.

Mr. Forbes stated that the Council would consider authorizing a consultant agreement for the operation of the Haunted House for 2013. He stated that the $7,000.00 fee remains the same as was paid in 2012 for consulting services. He asked if the Council had any questions, thoughts or concerns.

(General discussion ensued.)

Mr. Forbes stated that he would entertain a motion to approve the consultant agreement for the Haunted House for 2013, and authorize the Town Council President, Mr. Michael Forbes, to sign the same. "So moved," by Mr. Volk. The motion was seconded by Mr. Gembala. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:
TOWN COUNCIL:

Mr. Barenie had nothing to report.

Mr. Bustmante informed the Council that he has been approached by workers who wish to know the status of the Employee Handbook. Mr. Forbes stated that he and Mr. Volk have completed their review of the handbook, and the handbook will be forwarded to Attorney Austgen so a draft copy can be prepared.

Mr. Volk had nothing to report.

Mr. Gembala stated that the Police Department, Public Works and Fire Department were out during last night's storm. He stated that he was assured that Public Works will be out picking up storm debris.

(General discussion ensued.)

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

ATTORNEY'S REPORT:
Attorney Austgen had nothing to report.

STAFF:
Mr. Kil noted Chief Willman could not attend tonight's meeting. He asked in Chief Willman's stead if the Council could consider approving the annual $10,000.00 donation for the Fire Department's training site. Mr. Kil stated that this donation is usually made at the same time every year in the normal course of business.

Mr. Kil announced that the Town is in the process of refinancing their Building Corporation debt in the amount of approximately $7.5 million dollars. He stated that it was determined that the market is favorable at the present time to do a bond refinancing, and as a result of the Building Corporation bond refinancing, the Town will save approximately one million dollars.

Mr. Kil stated that Standard & Poor has performed a rating of the Town of St. John; he stated that the bond and community rating has been increased from an A+ to AA-. He stated the Standard & Poor upgrade in ratings are significant for the community.

Mr. Kil stated that Mr. Krzyskowski acknowledged how well the Town is doing based on the rating of an independent company such as Standard & Poor. Mr. Kil stated that Mr. Krzyskowski wished to congratulate the Town Council members on a job well done. Mr. Kil stated that the Town is moving in the right direction. He congratulated the Town Council for an excellent job.

Mr. Forbes noted that the Fire Department donation is usually done as a line item on the agenda. He asked the Council if they would like to consider the donation at tonight's meeting. The Council voiced no objection.

Mr. Forbes stated he would entertain a motion to authorize the St. John yearly donation to the St. John Fire Department in the amount of $10,000. "So moved," by Mr. Bustamante. The motion was seconded by Mr. Volk. The motion was unanimously carried by voice vote (5/0).

(General discussion ensued.)

Chief Frego stated that in April the U.S. Homeland Security Department offered training for police officers in the latest techniques on how to address active shooters in schools and/or public places. Chief Frego stated he sent an officer for the training. He stated that the officer successfully completed the course and was certified as an instructor.

Chief Frego stated during this past week the certified instructor conducted a two day training session in these active shooter techniques at Lake Central High School. The training included officers from Schererville, Dyer, Lake County and St. John. School officials were present to observe the training. Chief Frego stated the officers have been trained andhe anticipates scheduling this particular type of training on an annual basis.

Mr. Forbes asked Mr. Kil to address the Opticon. Mr. Kil informed the Council that there are no capital expenditures for the Fire Department being contemplated in 2013. He stated that all of the Fire Department's equipment is in good shape. Mr. Kil stated that after discussions with Chief Willman, it is his recommendation that the Town install Opticon on US Route 231 at the intersections of Cline, Parrish and Olcott.

Mr. Kil recommended that Mr. Cobb, First Group Engineering, be retained to coordinate the Opticon project. Mr. Kil stated that Mr. Cobb would charge $13,800, for design, coordination with INDOT, permitting processes, gathering specifications and obtaining price quotes from a contractor to install the Opticon systems.

Mr. Kil stated that the budget for installing the Opticon system at each location is approximately $12,500.00. Mr. Kil estimated that overall cost for the proposed Opticon project at $52,000 for the design and construction. Mr. Kil stated since the Fire Department is not contemplating any purchases at the present time they would like to use money from the Cumulative Fire fund.

Mr. Barenie asked if this recommendation came from Chief Willman. Mr. Kil stated that Chief Willman is one hundred percent on board with the Opticon project. Mr. Kil stated that this project has been discussed for quite some time. Mr. Kil opined that a $55,000 budget should be adequate to complete the Opticon project.

(General discussion ensued.)

Mr. Kil stated that the Cumulative Fire fund currently has a balance of $233,389.20.

Mr. Forbes stated he would entertain a motion to authorize the Opticon project design and installation in an amount not to exceed $55,000 for US Route 231 at the intersections of Cline, Parrish and Olcott. "So moved," by Mr. Bustamante. The motion was seconded by Mr. Barenie. The motion was unanimously carried by voice vote (5/0).

PUBLIC COMMENT:
Mr. Forbes asked if there was any public comment for the Town Council.

Mr. Adrian Bugariu, 11747 West 90th Avenue
Mr. Bugariu stated that on June 20, 2011, he addressed a letter to Mr. Forbes, President of the Town Council, and Mr. Mark Barenie, Vice President of the Town Council. He stated his letter contained a request and he demanded it be carried out, "we don't tolerate what's going on." He stated that he made the request one week short of two years ago.

Mr. Bugariu stated he did not know what was done with the copies of the letter that he sent, but they were probably thrown in the garbage. He asked the Town Council to "please honor those requests."

Mr. Forbes called for additional public comment. There was no further public comment.

ADJOURNMENT:
Mr. Forbes asked for a motion to adjourn the meeting. Mr. Gembala made a motion to adjourn the meeting. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0). (The meeting was adjourned at 7:40 p.m.)

A TRUE COPY

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