St. John Indiana - Founded 1837
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January 30, 2014 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 January 30, 2014, at 7:05 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, Larry Bustamante, Gregory Volk and Ken Gembala. Mark Barenie was absent. Staff members: Steve Kil was present. Chief Willman was present. Chief Frego was absent. Chip Sobek was absent. Attorney Austgen was present. Recording Secretary, Susan E. Wright, was present.

APPROVAL OF MINUTES:
DECEMBER 12, 2013 REGULAR MEETING & DECEMBER 30, 2013, SPECIAL MEETING

Mr. Forbes noted the December 12, 2013, regular meeting and December 30, 2013, special meeting minutes were before the Council for their approval. He asked if there were any questions or comments on the meeting minutes. There were no questions or comments from the council members.

Mr. Forbes stated he would entertain a motion to accept the minutes of the December 12, 2013, regular meeting and the December 30, 2013, special meeting. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion Ayes – all. Nays – none. The motion was carried by voice vote (4/0).

NEW BUSINESS:
A. CONSIDER ANNUAL DONATION TO TRI-TOWN SAFETY VILLAGE.

Mr. Forbes noted the first item on the agenda for the Council's consideration was the annual donation to the Tri-Town Safety Village in the amount of $2,000. Mr. Forbes asked if there were any questions on the annual donation to the Tri-Town Safety Village. There were no questions from the councilmen.

Mr. Forbes stated he would entertain a motion to approve the $2000 donation to the Tri-Town Safety Village. "So moved," by Mr. Gembala. Mr. Bustamante seconded the motion. Ayes – all. Nays – none. The motion was carried by voice vote (4/0).

B. ORDINANCE #1578, AN ORDINANCE ESTABLISHING THE PUBLIC SAFETY TOWN ADJUSTED GROSS INCOME TAX SPECICAL REVENUE NON-REVERTING FUND.

Mr. Forbes stated that Ordinance #1578, an ordinance establishing the Public Safety Town Adjusted Gross Income Tax Special Revenue, Non-Reverting Fund was before the Council for their consideration. Mr. Forbes noted that this is the Town's portion of the Lake County income tax which allowed use is for Public Safety only. Mr. Kil added that this money could be used for police, fire, emergency services and ambulance.

Mr. Forbes asked if there were any questions on Ordinance #1578. There were no questions from the councilmen.

Mr. Forbes requested a motion to consider Ordinance #1578 on first reading. Mr. Volk made a motion to consider Ordinance #1578 on first reading. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0). Ayes – all. Nays – none.

Mr. Forbes stated he would entertain a motion to adopt Ordinance #1578. Mr. Volk made a motion to adopt Ordinance #1578. Mr. Gembala seconded the motion. Ayes – all. Nays – none. The motion was carried by voice vote (4/0).

C. CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES (HAAS & ASSOCIATES), FOR 2014.

Mr. Forbes noted the next item before the Council for their consideration was the Professional Services Agreement for engineering services with Haas & Associates for 2014. Mr. Kil remarked that the contract was the same as in 2013.

(General discussion ensued.)

Mr. Forbes stated he would entertain motion on the Professional Services Agreement for 2014 with Haas & Associates for engineering services. Mr. Gembala made a motion to accept the Professional Services Agreement with Haas & Associates for engineering services for 2014. Mr. Bustamante seconded the motion. Ayes – all. Nays – none. The motion was carried by voice vote (4/0).

D. ORDINANCE #1579, AN ORDINANCE ESTABLISHING THE COUNTY ECONOMIC DEVELOPMENT INCOME TAX (CEDIT) SPECIAL NON-REVERTING FUND.

Mr. Forbes noted Ordinance #1579, an ordinance establishing the County Economic Development Income Tax (CEDIT), special non-reverting fund was before the Council. This fund was established for Public Safety and the Capital Improvement plan. Mr. Kil explained that the county income tax was split into two components, one for Public Safety and the other for the Capital Improvement plan.

Mr. Kil stated money placed in the Capital Improvement plan would be used for road work. He stated money from the CEDIT will be allocated to the Capital Improvement plan that has been drawn up. Mr. Kil estimated the Town will receive is $318,000 annually, in monthly increments.

(General discussion ensued.)

Mr. Forbes asked if there were any questions on Ordinance #1579. There were no questions from the councilmen. Mr. Forbes stated he would entertain a motion to consider Ordinance #1579 on first reading. "So moved," by Mr. Volk. Mr. Bustamante seconded the motion. Ayes – all. Nays – none. The motion was carried by voice vote (4/0).

Mr. Forbes stated he would entertain a motion to adopt Ordinance #1579. "So moved," by Mr. Gembala. Mr. Bustamante seconded the motion. Ayes – all. Nays – none. The motion was carried by voice vote (4/0).

(General discussion ensued.)

Mr. Kil requested that Attorney Austgen provide some information to the Council on the Capital Improvement plan.

Attorney Austgen remarked that the Capital Improvement plan was prepared specifically for the Town of St. John in conformance with the provisions of Indiana Codes 6-3.5-7-15 and I.C. 6-3.5-7-13.1. He stated that the funds will be used, as Mr. Kil indicated, on major and minor public roadway projects in Town. Attorney Austgen informed the Council that the estimated cost of the road projects is between $2-$5,000,000. The identification of the funding source is the Economic Development income tax portion of the Cumulative Capital Development fund, a portion of cable TV and a portion of casino gaming. Attorney Austgen outlined the project schedule is set to run from March 2014 to December, 2020.

Attorney Austgen informed the Council that the aforementioned criteria specifically meet the statutory requirements. He explained that the criteria must be set out in the Town's improvement plan so that the county officers who control the distribution of the certified monies can issue a check to the Town. Attorney Austgen noted that the plan can be amended, modified and updated.

Attorney Austgen further informed the Council that the use of CEDIT funds deposited into this specific account can be used as a source for debt service repayment for bonding. He stated that this is a non-reverting fund wherein the funds will be preserved and continue to build.

Mr. Forbes asked if there were any questions on the Capital Improvement plan. There were no questions from the councilmen. Mr. Forbes stated he would entertain a motion to accept the Capital Improvement plan. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

E. CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICE (AUSTGEN, KUIPER & JASAITIS, P.C.) FOR 2014.

Mr. Forbes stated the Council had before it for consideration the Professional Services Agreement of Austgen, Kuiper & Jasaitis, P.C., for legal services in 2014.

(General discussion ensued.)

Attorney Austgen noted that there were no changes to the contract. Mr. Forbes stated he would entertain a motion to approve the contract for Professional Services Agreement with Austgen, Kuiper & Jasaitis for the year 2014 and authorize the Town Council president to sign the same. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

F. CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL SERVICES (CENDER & COMPANY) FOR 2014.

Mr. Forbes noted the next item on the agenda for the Council's consideration is the Professional Services Agreement for 2014 with Cender & Company for financial services.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to approve the Professional Services Agreement for 2014 with Cender & Company. Mr. Gembala made a motion to approve the 2014 Professional Services Agreement with Cender & Company. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

G. CONSIDER RESOLUTION # 14-01-30, A RESOLUTION AUTHORIZING THE ENTRY INTO A JOINT INTERLOCAL AGREEMENT WITH THE TOWN OF SCHERERVILLE FOR BUILDING INSPECTION SERVICES.

Mr. Forbes noted that Resolution 14-01-30, a resolution that would authorize entry into a Joint Interlocal Agreement with the Town of Schererville for Building Inspection Services was before the Council for their review.

Mr. Forbes noted the agreement covers both towns so as the Towns' services can move forward in the absence of either building inspector. Mr. Volk noted that St. John's building inspector will cover for Schererville and Schererville's building inspector will cover for St. John in the event it is necessary.

(General discussion ensued.)

Mr. Kil stated that the Town has hired a part-time building inspector because they have been very busy. He stated it is good to have this interlocal agreement in place in case it is needed. He stated it is needed and it has been used.

Mr. Forbes asked if there were any questions related to this interlocal agreement. The councilmen had no questions.

Mr. Forbes stated he would entertain a motion to adopt Resolution #14-01-30, a Joint Interlocal Agreement with the Town of Schererville for Building Inspection Services. "So moved," by Mr. Volk. Mr. Bustamante seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

H. CONSIDER # 1580, AN ORDINANCE AUTHORIZING A ZONE CHANGE FROM R-1 TO R-2 SINGLE-FAMILY RESIDENCE ZONING, AND AMENDING MASTER ZONING MAP OF THE TOWN OF ST. JOHN FOR THE PRESERVES OF WILLOW RIDGE (PHASE THREE).

Mr. Forbes stated that Ordinance #1580, an ordinance authorizing a zone change from R-1 to R-2 single family residence zoning, and amending the Master Zoning Map of the Town of St. John for the Preserves of Willow Ridge, Phase Three, was before the Council for their consideration.

(General discussion ensued.)

Mr. Bustamante noted that the Plan Commission sent a favorable recommendation to the Town Council on this rezoning matter. Mr. Kil stated in the event the Council adopts Ordinance #1580 the findings of fact should be incorporated into the motion. Mr. Kil explained that the findings of fact contain a contingency for the zoning approval. The contingency sets forth that the Petitioners must meet or exceed the restrictive covenants of Willow Ridge, Phase Two.

Mr. Forbes stated he would entertain a motion to adopt Ordinance #1580, referencing the findings of fact and the contingency to meet or exceed the restrictive covenants of Willow Ridge, Phase Two. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

I. ACCEPTANCE OF ANNUAL REPORT AND COMPREHENSIVE REPORT FROM THE REDEVELOPMENT COMMISSION.

Mr. Forbes noted that the acceptance of the Annual Report and Comprehensive Report from the Redevelopment Commission was before the Council.

Mr. Kil stated that this was the same report that was presented at the last Redevelopment Commission meeting. He recommended that the Council accept the annual report and the comprehensive report from the Redevelopment Commission.

Mr. Forbes stated he would entertain a motion to accept the annual report and the comprehensive report from the Redevelopment Commission and authorize the same to be filed with the DLGF pursuant to statute. "So moved," by Mr. Bustamante. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS:

Mr. Forbes stated the next item on the agenda were the appointments to various boards and commissions. Mr. Volk made a motion to approve the appointments to the various boards and commissions as follows: appointments to Board of Zoning Appeals, Steve Hastings, appointed by the Town Council, Ken Schneider, Paul Panczuk and Tom Ryan; appointments to the Contractor's Board, Tom Redar, Jack Slager, Steve Kozel, Richard Hoover and Dale Robert; appointments to the Economic Development Committee, Nick Georgiou, Mark Hill, John DeYoung, William Keith, Kelly Stoming, Steven Kil and Mark Barenie; appointments to the Ethics Committee, Dr. Eddie Lapina, James Sakelaris, David Vineyard and one vacancy on the Ethics Committee wherein the committee members will nominate an individual to fill the vacancy; appointments to the Impact Fee Review Board, Pete Kohut, Shirley Niven, Frank Buck and Vince Frassinone; appointment to the Park Board, Melissa Stefanko; appointments to Plan Commission, Stephen Hastings, Steven Kozel, Tom Ryan, Derwin Nietzel, Tom Redar and Michael Forbes; appointment to Police Commission, Paul Haluska; appointments to the Redevelopment Commission, Larry Bustamante, Ken Gembala, Mark Barenie, Gregory Volk and Mike Forbes, and citizen members, Dr. John DeVries and James Sakelaris; appointment to the Sanitary District, Frank Bradtke; appointments to the Waterworks Board, Michael Forbes, Ken Gembala and Greg Volk; appointments to the Utility Board, Michael Forbes Ken Gembala, Gregory Volk, Mark Barenie and Larry Bustamante.

(General discussion ensued.)

Mr. Forbes stated that Mr. Volk made a motion to approve the appointments of the aforementioned individuals to the various boards and commissions. He asked for a second. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

Mr. Volk made a motion to approve the following liaison appointments to the various boards and commissions as follows: Police Commission, Ken Gembala; Mark Barenie, Chamber of Commerce and Economic Development Commission; Michael Forbes, Lake County Solid Waste and NIRPCI; Gregory Volk, Plan Commission and Board of Zoning Appeals; Larry Bustamante, Park Board and Impact Review Commission; and Steve Kil, Safety Village. Mr. Gembala seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

REPORTS AND CORRESPONDENCE:
TOWN COUNCIL:

Mr. Forbes moved on to reports or correspondence.

Mr. Gembala commended the Public Works Department for doing a good job dealing with the harsh elements. The Council members agreed with Mr. Gembala that the Public Works Department is doing a great job.

(General discussion ensued.)

Mr. Volk asked Mr. Kil to update the Council on the possibility of a road salt shortage. Mr. Volk and Mr. Kil discussed the best way to notify the Town residents in the event that the road salt is cut back, restricted or eliminated.

Mr. Kil informed the Council that the Town cannot get any additional salt beyond the contracted amount. He stated that the Town has 150 tons remaining before they reach the contracted amount. Mr. Kil stated that they have adopted the following policy to preserve salt; primary streets, intersections, and known hazardous area will be salted, and interior subdivision streets will not be salted. Mr. Kil stated that St. John is one of many communities facing the same problem, a possible salt shortage. Mr. Kil stated that two semi-loads of cinders have been delivered in the event they are needed for slick spots.

(General discussion ensued.)

The Council discussed notifying the residents of the Town's road salting policy via their water bills. Mr. Kil stated that he will post the road salt schedule on the Town's website.

Mr. Volk stated that he has received two or three complaints of slow or non-existent mail delivery on the east side of Town. He stated there have been times when he has not received mail for four or five days. Mr. Volk informed the Council that he called the local post office but was not able to talk with the postmaster. He stated that USPS is blaming the delivery problems on street conditions.

(

General discussion ensued.)

Mr. Kil informed the Council that there appears to be a drastic staffing problem at the post office which is causing the delays in mail delivery. Mr. Kil was authorized to contact the region postmaster.

Mr. Bustamante had nothing to report.

CLERK-TREASURER:
Ms. Sury had no reports.

ATTORNEY'S REPORT:
Attorney Austgen had no reports.

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

STAFF:
Chief Willman delivered the Fire Department's monthly report for December, 2013.

Chief Frego was absent.

Mr. Forbes requested that Mr. Kil perform an inventory on the uniforms and review the uniform contracts.

(General discussion ensued.)

PAYMENTS OF BILLS:
Mr. Forbes noted APVs 9343 through 9488 are in the amount of $1,358,822.45. He asked if there were any questions or concerns on the bill payment. There were no comments from the councilmen.

Mr. Forbes stated he would entertain a motion to approve the payment of the bills. "So moved," by Mr. Bustamante. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

PUBLIC COMMENT:
Mr. Forbes opened the floor for public comment. He called for public comment.

Dan Gherghe 9310 Northcote Avenue
Mr. Gherghe asked if the road salt and cinders would be mixed together. Mr. Kil stated that in the event it is necessary they will mix cinders and salt together.

Mr. Gherghe stated he wished to voice a complaint about the Water Department. He stated a water meter had to be changed in his home, and a shut off valve was dug up in his yard. He stated that the Water Department dug a hole and expanded this hole. Mr. Gherghe stated in the process of digging this hole, his evergreen was killed and has not been replaced.

Mr. Gherghe stated that on January 19 there was a water main disaster, and there was flooding. He stated in the process of repairing the water main disaster, a 10' high pine in his yard was knocked on its side. He stated that the Water Department also relocated a small pine tree that was next to the 10' high pine tree that was knocked on its side.

Mr. Gherghe requested that the Water Department relocate the smaller pine tree in its original location, place the 10' high pine tree in an upright position and replace the evergreen. He stated he wants to be made whole. He stated that no representative of the Water Department ever came to his door to talk to him.

Mr. Gherghe asked how long he would have to wait for this problem to be resolved. Mr. Kil stated that no trees will be replaced or landscape work done until April or May. He stated that when the weather breaks a landscaper will be sent to Mr. Gherghe's residence to address this situation.

Mr. Kil acknowledged that one evergreen and two pine trees will be replaced. Mr. Gherghe asked for Mr. Kil to put the tree replacement matter in writing. Mr. Kil stated that he would send Mr. Gherghe a letter.

(General discussion ensued.)

Mr. Bustamante apologized to Mr. Gherghe for any inconvenience. Mr. Forbes stated that Mr. Gherghe will receive the letter he requested and the tree replacement/landscaping would be addressed in the spring.

Mr. Forbes called for additional public comment. There was no further 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. Gembala. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0). Ayes – all. Nays – none. (The meeting was adjourned at 7:53 p.m.)

A TRUE COPY

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