St. John Indiana - Founded 1837
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October 10, 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 October 10, 2013, at 7:01 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 and Ken Gembala. Mark Barenie was absent. Staff members: Steve Kil. Attorney Austgen was present. Chief Frego was present. Chief Willman was present. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was present.

NEW BUSINESS:
A. ORDINANCE #1576, AN ORDINANCE AMENDING ORDINANCE #1575, PROVIDING FOR THE EXTENSION OF THE REFUSE AND RECYCLING CONTRACT.

Mr. Forbes stated that Ordinance #1576 was an ordinance amending Ordinance #1575, providing for the extension of the Refuse and Recycling Contract, and now before the Council for action. Mr. Forbes stated that the ordinance's purpose was to address the discussion the Council had at the end of their last meeting. The Council, at that time, discussed a rebate/refund to residents who use the refuse/recycling service. It was determined that residents were eligible for a rebate/refund (retroactive to May) after a price adjustment was agreed upon within the contract extension with Republic.

Mr. Forbes stated that Ordinance #1576 encompasses the refund/rebate. He explained that residents using the refuse/recycling service will receive free refuse/recycling service in the month of December. Attorney Austgen concurred; he stated that Ordinance #1576 will provide a fee waiver reimbursement benefit to the Town's residents.

(General discussion ensued.)

Ms. Sury stated that the November refuse bill will reflect the price adjustment amount, and the December 1, bill will be the ‘no charge' bill. She explained that a concise message will be placed on the bottom of the water bill so that the residents are informed and understand the billings.

Mr. Gembala made a motion to consider Ordinance #1576. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0).

Mr. Forbes stated he would entertain a motion to adopt Ordinance #1576. "So moved," by Mr. Volk. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0).

B. CONSIDER APPROVAL OF SETTLEMENT AGREEMENT WITH HENRY WALTER HOLDINGS, LLC

Mr. Forbes stated the next matter before the Council was to consider approval of the settlement agreement with Henry Walter Holdings, LLC. He explained that the agreement relates to Units 11 and 12 in the Gates of St. John and the agreement requires that outstanding improvements on these units be completed.

Attorney Austgen explained to the Council that the agreement relates to Units 11 and 12 is an agreement with the significant property owner of aforementioned units for payment and tender of the performance surety. He stated that this agreement requires completion of the infrastructure improvements required by the Town's plat approval process and as set forth by the Plan Commission. Attorney Austgen stated that this agreement has been undertaken by the successor owner of Units 11 and 12.

(General discussion ensued.)

Attorney Austgen stated that the agreement includes a performance surety that was determined to be $356,000 and with the appropriate amount of contingency.

Mr. Gembala made a motion to approve the proposed agreement. Mr. Volk seconded the motion.

(General discussion ensued.)

Mr. Forbes summarized an amended motion on the Henry Walter Holdings, LLC agreement as follows: a motion to approve the proposed agreement and authorizing the Town Council President, Michael Forbes, to confirm that the agreement and proper documentation is in place. "So moved," by Mr. Gembala. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0).

REPORTS AND CORRESPONDENCE:
TOWN COUNCIL:

Mr. Gembala mentioned a recent Public Works project that closed one of the Town's arterial roads for approximately three days. He stated that a heavy volume of arterial traffic was funneled through three local streets for those three days and caused speed safety issues. Mr. Gembala stated that he monitored this problem along with the Police Department and a number of tickets were issued.

Mr. Gembala opined that this scenario will likely happen again as issues crop up. Mr. Gembala proposed that the Council authorize Mr. Kil to purchase some temporary speed bumps that can be used by the Town, Public Works and the Police and Fire Departments for a variety of purposes including slowing traffic when road work is being done, water main breaks or any hazardous situations that may arise.

(General discussion ensued.)

Mr. Gembala made a motion to authorize Town Manager, Steve Kil to purchase two speed 12' speed bumps. Mr. Kil stated that $2,000 would cover the costs of the speed bumps and signs. Mr. Volk seconded the motion. The motion was carried (3/1). Mr. Bustamante opposed the motion.

Mr. Volk had nothing to report.

Mr. Bustamante complimented Mr. Forbes and Mr. Kil on the E-11 presentation that they gave on Wednesday, October 9. Mr. Bustamante stated that they were very well-prepared after having spent so much time gathering details for their presentation.

(General discussion ensued.)

Mr. Forbes stated that he and Mr. Kil will be meeting with representatives from the Town of Dyer on Tuesday, October 15, 2013, at 6:00 p.m. He mentioned that he would like to keep all of the councilmen current on the status of the E-911 discussions. He recommended that the councilmen rotate attending the meetings when possible. Mr. Volk stated he would attend the upcoming meeting in Dyer. Mr. Forbes opined that it is important for the Council to show solidarity on the E-911 Consolidation.

Attorney Austgen noted that there is no limitation on the number of councilmen who can attend a public hearing. He stated that there is no law that would prohibit the entire Council, if they were so inclined, from attending meetings of another legislative body and/or public hearing.

(General discussion ensued.)

Mr. Forbes stated that the Council has briefly discussed the interlocal agreement sent out by Lake County. He stated that he wanted to clarify a few points. First, that the interlocal agreement was sent out by the E-911 Commission but not approved by the E-911 Commission. He stated that no vote at all was taken by the E-911 Commission on the interlocal agreement. Mr. Forbes stated that the interlocal agreement was authorized for distribution only.

Mr. Forbes stated that the interlocal agreement has been thoroughly reviewed and he has found several problems with it. He stated there will be a continued review of the interlocal agreement. Mr. Forbes, speaking for himself, opined that the way the interlocal agreement is now written, he would not be able to support a majority of the plans as outlined in the joint interlocal agreement.

Mr. Forbes stated that the volunteer's at this year's Lake Hills Haunted House are doing a phenomenal job. He stated he has heard nothing but praise for the volunteers. Mr. Forbes informed the Board that on Saturday night Chicago's b96 radio station will be broadcasting live from the Lake Hills Haunted House. He stated he anticipates a good turnout.

(General discussion ensued.)

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

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

TOWN MANAGER:
Mr. Kil had nothing further to report.

STAFF:
Chief Willman had nothing to report.

Chief Frego had nothing to report.

Mr. Forbes complimented Chiefs Frego and Willman for a great job on the Public Safety open house. He stated that the residents appreciated being able to see all of the new technology, especially the thermal camera on the squad car.

Mr. Gembala recommended that the Councilmen go over to the Fire Department and see for themselves the new hydraulic cots that were purchased.

PUBLIC COMMENT:
Mr. Forbes opened the floor for public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:
Mr. Forbes stated he would entertain a motion to adjourn. "So moved," by Mr. Gembala. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0). (The meeting was adjourned at 7:21 p.m.)

A TRUE COPY

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