St. John Indiana - Founded 1837
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November 21, 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 November 21, 2013, at 7:29 p.m. (The Pledge of Allegiance was said.)

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

APPROVAL OF MINUTES:
OCTOBER 24, 2013, TOWN COUNCIL MEETING.

Mr. Forbes stated he would entertain a motion to approve the meeting minutes from the October 24, 2013, Town Council meeting. Mr. Forbes noted that Mr. Bustamante was absent from the October 24, 2013, meeting.

Mr. Bustamante made a motion to defer the meeting minutes from October 24, 2013. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

RECOGNITION OF FLAG FOOTBALL TEAMS NATIONAL FLAG FOOTBALL LEAGUE

ST. JOHN TITANS (PRESCHOOL, KINDERGARTEN AND FIRST GRADE – STATE CHAMPIONSHIP

Mr. Forbes noted that the St. John Titans, consisting of preschool, kindergarten and first grade, won the state championship for the National Flag Football League.

ST. JOHN TEXANS (SECOND AND THIRD GRADE) - SECOND PLACE

Mr. Forbes noted that the St. John Texans, consisting of second and third graders, were second place winners.

ST. JOHN GIANTS (FOURTH, FIFTH AND SIXTH GRADES) – FIRST PLACE

Mr. Forbes noted that the St. John Giants, consisting of fourth, fifth and sixth grades, came in first place. He noted that these teams are on the Town's Park program teams.

Mr. Kil stated that the teams went to Indianapolis and won these awards. Mr. Forbes commented that these accomplishments speak volumes about the children who participated and excelled in the Parks Department Flag Football League program.

PUBLIC HEARING:
A. CONSIDER RESOLUTION #13-11-21, A RESOLUTION FOR AN ADDITIONAL APPROPRIATION

Mr. Forbes stated the next item on the agenda was a Public Hearing to consider Resolution #13-11-21, a resolution for an additional appropriation. Attorney Austgen stated that the The Times and the Post-Tribune publications for Notice of Public Hearing for Resolution #13-21-21 were timely made on November 8, 2013. Attorney Austgen stated that the Public Hearing was properly advertised and could be properly conducted tonight.

Mr. Forbes asked Ms. Sury to explain Resolution #13-11-21. Ms. Sury stated that NBH is the only tax-based fund on the additions, the other three funds are from the Town's other revenue. Ms. Sury explained to the Council that there is money in the fund but not in the appropriation, and that is why a request is being made for additional appropriation. She informed the Council that once they approve Resolution #13-11-21, it must be forwarded to DLGF by December 16, 2013.

Mr. Forbes asked if there were any questions on these transfers. There were no questions from the councilmen. Mr. Forbes asked what the reason was for the transfer of the Park Impact Fee. Ms. Sury stated that Mr. Chip Sobek, Bev and Mr. Steve Kil would know more about the Park Impact Fee than she does.

(General discussion ensued.)

Mr. Forbes opened the floor for the public hearing on Resolution #13-11-21. He called for public comment on the additional appropriation. There was no public comment. Mr. Forbes closed the public hearing and brought the matter back before the Council for action.

Mr. Forbes asked if there were any questions on Resolution #13-11-21. There were no questions from the councilmen. Mr. Forbes stated he would entertain a motion to adopt Resolution #13-11-21. "So moved," by Mr. Volk. Mr. Bustamante seconded the motion. The motion was carried by voice vote (3/0).

NEW BUSINESS:
A. ORDINANCE #1577, AN ORDINANCE ESTABLISHINNG THE 2014 SCHEDULE OF WAGES AND SALARIES FOR EMPLOYEES, FIRE AND POLICE PERSONNEL AND TOWN OFFICIALS.

Mr. Forbes noted that Ordinance #1577 was next on the agenda for the Council's consideration. He stated that Ordinance #1577 is an ordinance establishing the 2014 schedule of wages and salaries for the employees, fire and police personnel and Town officials. Mr. Forbes explained that the ordinance will establish that the employees will receive a two percent (2%) raise along with the two retirees.

(General discussion ensued.)

Mr. Forbes noted there is no raise for elected officials. Mr. Kil concurred. Mr. Forbes noted that language was incorporated for the Fire Department. Mr. Kil explained that in conferring with Chief Willman, a battalion chief was given a one-dollar ($1.00) an hour raise. He explained it is considered a stipend and would serve in that capacity. Mr. Kil stated that this would apply to full time employees.

(General discussion ensued.)

Mr. Kil stated that all salaries for Board officials and recording secretaries will remain the same. Mr. Forbes asked if there were any questions. The councilmen had no questions.

Mr. Forbes stated he would entertain a motion to consider Ordinance #1577 on first reading. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

Mr. Forbes stated he would entertain a motion to adopt #1577. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

B. CONSIDER AUTHORIZATION OF CHRISTMAS EVE AS A HOLIDAY

Mr. Forbes stated that the next matter for the Council's review and consideration is authorizing Christmas Eve as a holiday. Mr. Forbes noted that the Council generally authorizes Christmas Eve as a holiday every year. He noted the question is whether or not Christmas Eve will be a paid holiday for the employees. Mr. Kil concurred. Mr. Kil stated that it has been the policy of the Town to grant Christmas Eve as a paid holiday.

Mr. Kil informed the Council when the Town's new personnel policy is complete, Christmas Eve should be included in the schedule of holidays so that the matter does not have to come before the Council every year.

Mr. Forbes stated he would entertain a motion to authorize Christmas Eve as a paid holiday for employees. "So moved," by Mr. Volk. Mr. Bustamante seconded the motion. The motion was carried by voice vote (3/0).

REPORTS AND CORRESPONDENCE:
TOWN COUNCIL:

Mr. Forbes moved on to reports or correspondence.

Mr. Bustamante informed the Council that the pavilion Christmas decorating is going well, "slowly but very nice." He stated that the Town's children will love it. Mr. Bustamante stated that the Festival of Lights starts on November 29, 2013, when Santa Claus comes to Town via fire truck.

Mr. Bustamante announced that the Festival of Lights starts at 6:00 p.m. and Santa will arrive at 7:00 p.m. Fireworks are scheduled for just before 7:00 p.m. and will herald Santa's arrival. He stated that Santa will be at the pavilion from 7:00 p.m. to 10:00 p.m. or until all of the children who wish to visit with him have done so.

(General discussion ensued.)

Mr. Forbes stated that he has observed a lot being accomplished at the pavilion and a great job is being done.

(General discussion ensued.)

Mr. Volk asked if there are plans to advertise for positions on the Town's boards and commissions for the year 2014. He asked if there was a current list. Mr. Kil stated that he had submitted to the councilmembers a list of potential appointees for the Town's board and commissions not too long ago.

(General discussion ensued.)

Mr. Kil noted if the newspaper reporter were so inclined, an article could be published in The Times that the Town of St. John will be accepting applications for various boards and commissions. Mr. Kil stated a deadline of December 31, 2013 could be set.

(General discussion ensued.)

Attorney Austgen recommended a Monday, December 30, 2013, deadline, the day of the Council's year-end meeting. He stated if the applications were submitted by that time the Council could possibly begin their review of the same.

A date of Friday, December 27, 2013, was slated as the cut-off date for submitting applications to fill a vacancy on one of the Town's boards and commissions. Mr. Kil stated he would place the application on line so that it could be downloaded, or alternatively, applications can be picked up at the Town manager's or Clerk-Treasurer's office.

Mr. Forbes stated he was handed a Request to Purchase (RTP)to BT Video Systems. He stated this item will be used to repair the Town's camera system in the pavilion at Prairie West Park. Mr. Forbes stated that Mr. Dravet informed him that various these items need to be purchased to restore the camera system. He stated that RTP is in the amount of $1,047.00. Mr. Kil stated that this is an invoice that needs to be paid.

Mr. Kil noted that some things are running behind due to the docket being moved ahead. Mr. Forbes asked if there was a motion to pay the BT Video Systems bill of $1,047.00. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

Mr. Forbes stated that he received a request for payment from Ms. Susan Wright in the amount of $280.00. Mr. Forbes noted that the invoice was for the three meetings on October 24, 2014, and a BZA meeting on August 28, 2013, for a total of $280.00. Mr. Forbes asked if there were any questions. The councilmen had no questions.

Mr. Forbes stated he would entertain a motion to authorize payment of $280.00. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

Mr. Forbes announced that the Haunted House is closed for the season. He presented information from the closing report of the event. Mr. Forbes informed the Council that 3,161 adults went through the Haunted House in the evenings, and 382 children attended the two "Kids Day" events. Mr. Forbes stated of the 3,161 adults approximately 100 of them never saw the exit because they found other means of leaving the Haunted House.

Mr. Forbes thanked the Haunted House volunteers who do a fantastic job every year. He stated he appreciated greatly Chief Frego and Chief Willman's presence and participation at the event. Mr. Forbes thanked all those who sold tickets to the event, Chief Frego, Mr. Kil, Mr. Bustamante and Mr. Volk. He stated he appreciated the time the ticket sellers took out of their busy schedules to perform this task.

Mr. Forbes thanked Welch's Stop & Shop who donated a case of hotdogs.

Mr. Forbes thanked Standard Bank and the individuals from the bank who helped sell tickets. Mr. Forbes stated that he is amazed at how many services Standard Bank does for the Town.

Mr. Forbes stated that the St. John Lion's Club ran the Haunted House for the "Kids Days" events. The Lion's Club also got the boy scouts and girl scouts to participate at the event. He stated all of the participation of the individuals made the "Kids Day" Haunted House a success.

Mr. Forbes stated that, generally, the Council authorizes a $500.00 donation to the Lions Club to cover the cost of their expenses. Mr. Forbes requested a motion to authorize the donation of $500.00 to the St. John Lions Club. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

Mr. Forbes stated that the total profit of the 2013 Haunted House event was $12,966.25. He stated that the advertising helped. He opined that he believes they have found the niche that was needed as far as the advertising.

Attorney Austgen asked Mr. Forbes if he would be inclined to solicit a motion to ratify the acceptance of the in-kind donation by Welch's Stop & Shop for the hotdogs. Mr. Forbes asked for a motion to ratify acceptance of the in-kind donation by Welch's Stop & Shop. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

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

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

STAFF:
Chief Willman delivered the Fire Department's monthly activity report covering October 1-31, 2013. Chief Willman thanked the Council for their consideration of the salary ordinance for his department.

Chief Frego delivered the Police Department's monthly activity report covering October 1-31, 2013. Chief Frego informed the Council that he attended a graduation at the NILEA Academy for the Town's newest graduating officer. The officer is now field-training. Chief Frego stated the officer placed second in academics, and second in firearms training at the academy.

Attorney Austgen recommended that Chief Frego update the Council on the Student Resource Officer at Lake Central High School. Chief Frego stated that the SRO is seeking additional advanced training, and has already completed the 40-hour mandatory SRO training. Chief Frego stated that the SRO performance is great. He stated he meets with school officials once a month along with Chief Willman.

Chief Frego stated that last Friday Detective Flores put on a cyber-bullying conference at Crown Point Christian at their request. He stated the presentation was well-received.

Attorney Austgen congratulated the police professionals for being at the forefront of the type of inter-local agreement created for the SRO. He stated that the planning and implementation of the program are beneficial to the children in the learning environment.

(General discussion ensued.)

TOWN MANAGER:
Mr. Kil presented a Settlement and Infrastructure Improvement Agreement with Centier Bank a/k/a Henry Walter Holding. He stated that he has been working several months to pull this agreement together. He stated that the agreement would complete the infrastructure improvements in the Gates of St. John, Units 11A and 12A.

Mr. Kil explained that Henry Walter is going to fund all of the outstanding improvements in the Gates of St. John, Units 11A and 12A in the amount of $356,000. He stated this would include the completion, repair, patch and surface of all of the roadways in the aforementioned units including Park Place, the installation of a sidewalk from the south point of termination of the existing sidewalk, north along Park Place to 101st then down 101st to the east.

Mr. Kil stated that the installation of a bike trail is included from the termination point on the west side of Park Place all the way north and then west to the ditch. Mr. Kil stated that the agreement includes the deeding of all of the soccer fields to the Town. He stated that all of the common areas will be deeded to Lotton Development Corporation.

(General discussion ensued.)

Mr. Kil stated the agreement would relieve Henry Walter of any future obligation of any infrastructure in Units 11A and 12A. Mr. Kil stated that the project would be finished in conjunction with Lotton Development Corporation.

Mr. Kil requested that the Town Council approve this agreement and authorize Mr. Forbes to sign the same. Mr. Kil requested that his approval of the project also be included for the property that Lotton Development will receive. Mr. Kil stated that Attorney Austgen prepared an escrow agreement. The money will be placed in escrow and paid out upon the signature of the Town's certification that the improvements have been completed and other criteria included in the agreement.

Mr. Kil stated a colored exhibit is included that identifies every improvement that is going to take place. Mr. Kil stated an executed copy of the agreement will be forwarded to the bank. Mr. Forbes stated whatever is not completed in the project this year will be finished in the spring.

Attorney Austgen recommended that the Council assign their rights and responsibilities to Lotton Development Corporation for the infrastructure improvements and completion. Attorney Austgen stated that Lotton Development has agreed to the specifications and criteria of the Town and its engineering staff, and the parameters of the improvements that are required pursuant to the Council's approvals. Mr. Kil remarked that the Town will verify completion of the improvements.

Mr. Forbes noted that the first motion would be to authorize signatures on the Settlement and Infrastructure Improvement Agreement, and authorizing Mr. Kil to sign the escrow agreement and acceptance.

Mr. Forbes asked for a motion to this effect. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

Mr. Forbes asked Attorney Austgen to repeat his request. Attorney Austgen asked the Council to consider a motion to assign the rights and responsibilities of the Town to Lotton Development Corporation for the improvements to be made under the Settlement and Infrastructure Improvement Release Agreement retaining only the authority of Mr. Kil, in his capacity as Town Manager, to authorize release of funds for payment.

Mr. Forbes asked for a motion per the recommendation of Attorney Austgen. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

PAYMENT OF BILLS:
Mr. Forbes noted that payment of bills was before the Council for their consideration. He stated the general APVs numbered 8955 through 9150 in the amount of $753,787.50. He asked if there were any questions on the bills. There was no discussion.

Mr. Forbes stated he would entertain a motion to approve the bills in the amount of $753,787.50. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0).

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 the meeting. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (3/0). (The meeting was adjourned at 8:07 p.m.)

A TRUE COPY

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