St. John Indiana - Founded 1837
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March 27, 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 March 27, 2014, at 7:26 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, Mark Barenie and Ken Gembala. Staff members: Steve Kil was present. Chip Sobek was absent. Chief Willman and Chief Frego were present. Attorney Austgen was present. Recording Secretary, Susan E. Wright, was present.

APPROVAL OF MINUTES:
REGULAR MEETINGS OF FEBRUARY 13, AND FEBRUARY 27 2014

Mr. Forbes noted that Mr. Barenie was absent from the meeting of February 13, 2014. He stated he would entertain separate motions on the minutes.

Mr. Forbes stated that he would entertain a motion on the minutes of February 27, 2014, if there were no questions or amendments to the same. "So moved," by Mr. Gembala. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes stated he would entertain a motion on the minutes of March 13, 2014, if there were no questions or amendments. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (4/0/1). Ayes --- all. Nays --- none. Mr. Barenie abstained.

PUBLIC HEARING:
A. RESOLUTION #14-03-27, A RESOLUTION PROVIDING FOR THE ADDITIONAL APPROPRIATION FOR FUND #272 (SOLID WASTE)

Mr. Forbes noted that Resolution #14-03-27B, a resolution providing for the additional appropriation for Fund #272, was before the Council for their consideration. He asked Attorney Austgen if the Notice of Publication for a Public Hearing were in order.

Attorney Austgen informed the Council that the Notice(s) of Publication for Public Hearing were timely published in The Times and Post-Tribune and the public hearing could be properly conducted tonight.

Mr. Kil informed the Council that the monies being appropriated ($60,000) were being appropriated to the fund to be used for the chipper.

Mr. Forbes asked the councilmen if they had any comments. There were no comments from the councilmen. Mr. Forbes opened the public hearing for public comment related to the transfer of funds. He called twice for public comment from the audience. There were no comments from the audience.

Mr. Forbes closed the public hearing and brought the matter back before the Council. Mr. Forbes stated if there were no further comments from the Council, he would entertain a motion to adopt Resolution #14-03-27B. "So moved," by Mr. Volk. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all.

NEW BUSINESS:
A. RESOLUTION #14-03-27, A JOINT RESOLUTION PERTAINING TO AN INTERLOCAL AGREEMENT FOR CONSOLIDATION OF PUBLIC ANSWERING POINTS (PSAPs) IN LAKE COUNTY.

Mr. Forbes noted Resolution #14-03-27, a joint resolution pertaining to the interlocal agreement for consolidation of the public answering points in Lake County was before the Council for their consideration.

Mr. Forbes stated he had passed out the joint resolution to the councilmen at the last meeting. He stated the resolution encompassed the discussion that was had between the four towns and Lake County. He stated that the purpose of the resolution was to gather all of the statements made by various representatives of Lake County so that everyone would know what was said.

Mr. Forbes commented that at these meetings between the four towns and Lake County, commitments were made by Commissioner Allen, Mr. Dabertin, county consultant, and Mr. Hitchcock. He noted that the document merely reflects that the involved parties agree to what was said at the meetings.

Mr. Forbes stated that in the event that the resolution is ratified, St. John will sign on to the Lake County E-911 consolidation. Mr. Forbes remarked that the document is not forcing anyone to do anything other than agree that the conversations (PSAPs) contained in the document occurred. Mr. Gembala noted that the resolution involved the towns of St. John, Cedar Lake, Highland and Schererville.

Mr. Forbes stated that he would entertain a motion to adopt Resolution #14-03-27. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion.

For the record, Attorney Austgen noted that several members of the Council and staff have expended tremendous efforts to create, not only in creating the document, but the framework of the agreement. He remarked that the Town has arrived at this point through the efforts of the Council, Mr. Kil, Chief Frego, Chief Willman and staff.

Attorney Austgen noted that eighteen different communities had different views, needs and cost factors. He reiterated that but for the efforts of the aforementioned gentlemen, the resolution would not be before them tonight.

Attorney Austgen noted that the agreement/resolution is not perfect, but the resolution is a document developed by imperfect humans in an attempt to shape the law to work most efficiently for the citizens. He stated that the agreement captures all of the commitments supplemental to the December 6, 2013, interlocal agreement, which was presented as the final Agreement.

Attorney Austgen noted that once this agreement is accepted and fully executed by Lake County officials, it will represent commitments made by Lake County representatives to fulfill what was said and represented as partial consideration for St. John to enter into the consolidation agreement. He stated that the resolution is a conditional resolution that conditions the Town's entry into the joint interlocal agreement of December 6, 2013, upon the statements that Lake County representatives made to the Town. Attorney Austgen noted that this was a complicated process.

Mr. Forbes stated that the Council will be reviewing the resolution one more time when they have the joint interlocal agreement in front of them. He stated he has not yet publicly thanked everyone for their hard work. Mr. Forbes remarked that that the time action is taken on the joint interlocal agreement, with the Council's indulgence, he will have a few things to say at that time.

Mr. Forbes noted that there was a motion and a second to adopt Resolution #14-03-27. He asked all those in favor to say aye. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

B. RESOLUTION #14-03-27A, A RESOLUTION FOR THE TRANSFER OF APPROPRIATIONS TO VARIOUS FUNDS.

Mr. Forbes noted Resolution #14-03-27A, a resolution for the transfer of appropriations to various funds was before the Council for their consideration. He noted that money was being transferred for use. Mr. Forbes asked if the councilmen had any questions. There were no questions from the Council.

Mr. Forbes stated he would entertain a motion on Resolution #14-03-27A. "So moved," by Mr. Bustamante. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

C. CONSIDER PROPOSAL FROM METROSTUDY FOR CONSULTING SERVICES FOR A DEMOGRAPHIC AND MARKET ANALYSIS

Mr. Forbes noted that the next item for the Council's consideration was a proposal from Metrostudy for consulting services for a demographic and market analysis. Mr. Forbes asked Mr. Kil to elaborate on this matter.

Mr. Kil explained that the Metrostudy would be the next step in the marketing effort that was undertaken some time ago. He stated that a brochure was created which gives one a snapshot look at the Town of St. John. Mr. Kil stated upon the creation of the brochure, it was determined that some hard data should accompany the brochure, such as demographics/population radius/income levels that businesses and restaurants would use when making the determination to locate into a community.

Mr. Kil informed that Council that it was determined that Metrostudy, who has done previous work for the Economic Development Committee and is familiar with the Town, is being considered to perform this marketing analysis. He stated that it is incumbent upon the Town to take the extra initiative and provide this type of data to businesses in order to market the community. Mr. Kil stated that this information along with the brochure will be a positive assist in attracting quality restaurants and retailers.

Mr. Kil stated it was the unanimous recommendation of the Economic Development Committee (EDC) that the Council approve an amount not to exceed $18,000 for the market study possibly to be performed by Metrostudy. He stated that Metrostudy has been invited to attend the next EDC meeting. Mr. Kil stated that an interview will be conducted with Metrostudy so that Metrostudy will be clear of exactly what is required of them.

Mr. Barenie commented that the Economic Development Committee has a wide range of business experience. He stated that the EDC will do a great job in the selection process.

Mr. Forbes remarked that the marketing study would be a great tool to have in the Town's arsenal. He stated if there were no further questions, he would entertain a motion to approve an amount not to exceed $18,000 for the demographic and market analysis. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

D. CONSIDER APPROVAL FOR TOWN PARTICIPATION AT THE GLOBAL RETAIL REAL ESTATE CONVENTION.

Mr. Forbes stated the next item on the agenda for the Council's consideration was approval for the Town's participation at the Global Retail and Real Estate Convention.

Mr. Kil stated that it is the Economic Development Commission's position that the Town is now at a point where this convention should be attended in order to make contacts with various restaurants and retailer that they would like to attract into St. John. He stated that there are 32,000 attendees and thousands of business entity exhibits along with retail representatives who participate at the convention.

(General discussion ensued.)

Mr. Barenie remarked, from his personal experience, that conventions such as this one are economical and very effective. Mr. Kil informed the Council that the convention held in Las Vegas was a three day event from Sunday, May 18 through Tuesday, May, 20, 2014.

Mr. Bustamante stated that sending Town representatives to the convention is a great idea. The number of representatives and costs of attendance was discussed. Mr. Kil stated that the approximate cost of attending the convention would be $3,500 per person. He stated this amount should cover the expenses, flight, hotel, registration and cabs.

(General discussion ensued.)

Mr. Barenie remarked that at the inception of the EDC, they realized it would be a long-term investment for the Town. He stated that it was determined that over a three or five year period at least $50,000 would be spent. Mr. Barenie recommended, at a minimum, three representatives attend the convention, one from the Economic Development Committee, a Town Council member and Mr. Kil. The councilmen concurred.

Mr. Forbes stated he would like to attend the convention if no one had an objection. Mr. Forbes asked for a motion to authorize three individuals to attend the convention.

(General discussion ensued.)

Attorney Austgen summarized that the Town Council President can solicit a motion to have the Council consider action to send three people to Las Vegas for the convention. He stated that the Council could also authorize the expenditure of up to $3,500 per person. Attorney Austgen recommend that Mr. Kil gather more details and bring the matter back before the Council in a couple of weeks. He stated being as it is a market trip, there may be business related expenses.

Mr. Barenie made a motion to authorize sending three Town representatives to the Global Retail Real Estate Convention in Las Vegas with a per diem of approximately $75 to cover meals.

(General discussion ensued.)

Attorney Austen recommended that the Council could motion to approve the trip for three representatives and have Mr. Kil submit additional details related to the budget and schedule. Mr. Volk concurred.

Mr. Kil stated that there is a time deadline if discounts are going to be taken advantage of.

Mr. Forbes stated that he would entertain a motion to authorize participation in the Global Retail Real Estate Convention. "So moved," by Mr. Bustamante. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

E. CONSIDER ACQUISITION OF RIGHT-OF-WAY OF EARL DRIVE.

REPORTS AND CORRESPONDENCE:
TOWN COUNCIL:

Mr. Forbes moved on to reports or correspondence.

Mr. Barenie had nothing to report.

Mr. Bustamante informed the Council that he was approached by a representative of the Historical Society. He stated that the Historical Society currently maintains Hack Cemetery. He stated that the Historical Society has asked whether or not the Parks District would cut the grass at Hack Cemetery. He stated it is his understanding that at the present time, the Historical Society secretary is covering the cemetery maintenance out of her pocket. Mr. Bustamante asked if Hack Cemetery could be added to the list of properties that the Park District maintains.

(General discussion ensued.)

Mr. Forbes clarified that as long as the Council is comfortable in taking on this maintenance, and with the understanding that the Town's materials and time would be expended on this property that the Town does not own. Mr. Kil stated that he could add Hack Cemetery to the list of properties to be maintained.

Mr. Gembala noted that there are multiple ownerships in the Hack Cemetery property. He stated that full permission should be sought from the property owners to cut the grass.

Mr. Forbes stated he would entertain a motion to authorize adding Hack Cemetery into the Town's lawn mowing inventory.

(General discussion ensued.)

Mr. Gembala stated that the motion to authorize the mowing and trimming of Hack Cemetery should be contingent upon the agreement of both owners to allow the Town access to the cemetery to mow and trim.

Mr. Forbes asked if someone was willing to make this motion. Mr. Bustamante made a motion to authorize mowing and trimming of Hack Cemetery contingent upon the authorization of owners to access the cemetery. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Volk had nothing to report.

Mr. Gembala had nothing to report.

Mr. Forbes congratulated the Lake Central Boys basketball team and the Lake Central Centralettes. Mr. Kil stated that the Lake Central hockey team was also attending nationals. Mr. Forbes extended the best of luck to Lake Central.

Mr. Forbes stated that he had two Requests to Purchase. The first request is for a 2015 Ford 550. He stated the Public Works Department is requesting the purchase of the Ford 550 for use as a plow truck. The amount of the purchase is $37,668.

Mr. Forbes asked if there were any questions on the purchase. There were no questions on the purchase. Mr. Forbes stated he would entertain a motion to authorize purchase of the Ford F 550. "So moved," by Mr. Bustamante. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes noted in association with the purchase of the Ford F 550 there is a request to purchase accessories including the bed, spreader and plow in the amount of $44,794. He asked if there were any questions on the purchase request. There were no questions on the purchase.

Mr. Forbes stated he would entertain a motion to approve the purchase of accessories in the amount of $44,794. "So moved," by Mr. Bustamante. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

CLERK-TREASURER:
Ms. Sury had no reports.

ATTORNEY'S REPORT:
Attorney Austgen had no reports.

TOWN MANAGER:
Mr. Kil had no additional reports.

STAFF:
Chief Willman delivered the Fire Department's monthly report for February, 2014.

Chief Frego delivered the Police Department's monthly report for February 1-28, 2014.

Chief Frego informed the Council that the Department's recent recruit has completed and passed the physical and psychological testing. He stated that they are waiting PERF approval. Chief Frego stated once PERF approval is obtained the recruit will be brought on board.

Mr. Forbes moved back to cover to cover two Requests to Purchase.

Mr. Forbes noted that Mr. Gembala had mentioned a few months ago that the Public Works crew should be certified in CPR. He stated that the Public Works crew has been re-certified in CPR along with Police Department personnel.

Mr. Gembala requested that Mr. Kil gather some prices for the possible purchase of a street sweeper.

(General discussion ensued.)

Discussion on the status of pothole repair was had. Mr. Kil remarked that an inordinate amount of mailbox damage was done through the season.

PAYMENTS OF BILLS:

Mr. Forbes noted that corrected copy of the docket was before the Council for their consideration for payment of the bills. Ms. Sury directed the Council's attention to Page 8 where a typographical error occurred; she stated that there was a corrected entry on this page from $85.00 to $1,385.00.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion on payment of the general APVs 9678 through 9873 in the amount of $1,038,459.30. He asked if there were any questions or concerns on the payment of the bills. There were no comments from the councilmen.

Mr. Forbes stated he would entertain a motion to authorize payment of the bills as stated. "So moved," by Mr. Volk. Mr. Bustamante seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

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

Mr. Adrian Bugariu, 11747 West 90th Avenue
Mr. Bugariu stated he has made many requests in writing and verbally at the Council meetings. He demanded the immediate arrest of Fryzell and (unintelligible) for attempted murder. He stated, "Chief Frego must go. Steve Kil. Larry Bustamante. You." (pointing).

Mr. Bugariu stated that last year it was prohibited "anybody in here to have any comments after the meeting, in July meeting." He stated that minutes later, a lady and her husband who came in seeking a basketball court, "They were interrupting when you say the floor is closed to public comments."

Mr. Bugariu stated this meeting was conducted in this fashion in order to get him involved to protest so "this guy can arrest me" (pointing). He stated after he exited the meeting, the St. John Police came with squad cars, lights and sirens. He stated this was another nice behavior of the Chief displaying intimidation or whatever it is.

Mr. Bugariu requested that "Mr. Bustamante, you (pointing) and David Austgen to leave this Town. Thank you."

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 unanimously by voice vote (5/0). Ayes – all. Nays – none. (The meeting was adjourned at 8:18 p.m.)

A TRUE COPY

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