St. John Indiana - Founded 1837
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June 26, 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 June 26, 2014, at 7:28 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, Mark Barenie, Ken Gembala and Larry Bustamante. Attorney David Austgen was present. Staff members present: Steve Kil was present. Chief Frego and Chief Willman were present. Chip Sobek was absent. Recording Secretary, Susan E. Wright, was also present.

APPROVAL OF MINUTES:
MAY 22, 2014 REGULAR TOWN COUNCIL MEETING

Mr. Forbes noted the first item on the agenda for the Council's consideration for approval of the May 22, 2014, regular meeting. He asked if there were any questions on the minutes. There were no questions or comments from the councilmen.

Mr. Forbes stated he would entertain a motion for approval of the minutes. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

PUBLIC HEARINGS:
A. ORDINANCE #1586, AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF ST. JOHN, LAKE COUNTY, INDIANA, APPROVING A LEASE BETWEEN THE ST. JOHN REDEVELOPMENT AUTHORITY AND THE ST. JOHN REDEVELOPMENT COMMISSION MAKING AN ADDITIONAL APPROPRIATION IN CONNECTION THEREWITH, AND ALL MATTERS RELATED THERETO.

Mr. Forbes stated that the next item on the agenda was a public hearing on "Ordinance 1586, an ordinance of the Town Council of the Town of St. John, Lake County, Indiana, approving a lease between the St. John Redevelopment Authority and the St. John Redevelopment Commission making an additional appropriation therein, and all matters related thereto."

Mr. Forbes asked if the Proofs of Publication were in order. Attorney Austgen stated that the Proofs of Publication of Notice of Public Hearing are in evidence, timely published and processed according to law. Attorney Austgen noted that the public hearing could be properly conducted tonight.

Mr. Kil made opening remarks. He stated that Ordinance #1586 is another step in the process of issuance of the bonds for the Town's road project. He noted that it is the same three entities the Redevelopment Authority, Redevelopment Commission and the Town Council, going through the steps to secure funding for the road project.

Mr. Forbes asked the councilmen if they had any questions. There were no questions or comments.

PUBLIC HEARING

Mr. Forbes opened the Public Hearing. He called for public comment. There was no public comment. Mr. Forbes closed the floor and brought the matter back to the Council.

Mr. Forbes asked for additional comments from the councilmen. There were no additional comments from the councilmen.

Mr. Forbes stated he would entertain a motion to adopt Ordinance #1586. "So moved," by Mr. Volk. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

B. ORDINANCE #1587, AN ORDINANCE REPEALING ORDINANCE # 1581 AND RE-ESTABLISHING AND/OR CONTINUING THE CUMULATIVE CAPITAL DEVELOPMENT FUND.

Mr. Forbes noted the next item on the agenda was Ordinance #1587, an ordinance repealing Ordinance #1581 and re-establishing and/or continuing the Cumulative Capital Development Fund (CCD).

Mr. Forbes asked Attorney Austgen if the Proofs of Publications were in order for the public hearing on Ordinance #1587. Attorney Austgen stated that the Publisher's Affidavits are in evidence, timely publication has been made, and the public hearing may be properly conducted.

Mr. Kil stated that the public hearing is being conducted due to an error in the "first go-round at this." Mr. Kil stated that a public hearing was held back in February for this exact same issue. He stated that there is a CCD tax rate in place right now that is .01 cent, and the CCD tax rate is being raised to .05 cents, which is allowable by law. Mr. Kil stated that a small portion of the road bond will be paid out of this money. He stated that this money is also used to buy snow plows and other capital items. Mr. Kil stated that this is one reason the Town has been pretty successful in not having to obtain loans for vehicles. He stated it is due to the CCD fund that it is possible for the Town to make vehicle purchases and other capital items.

Mr. Kil reiterated that the tax rate is already in place, and this ordinance is simply re-establishing the fund; the public hearing is for that purpose.

Mr. Forbes asked the councilmen if they had any comments. The councilmen had no questions or comments.

PUBLIC HEARING

Mr. Forbes opened the public hearing for Ordinance #1587. He called for public comment. There was no public comment. Mr. Forbes closed the public hearing and brought the matter back before the Council.

Mr. Forbes stated he would entertain a motion to adopt Ordinance #1587. "So moved," by Mr. Barenie. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

NEW BUSINESS:
A. RESOLUTION #14-06-26 RDC, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ST. JOHN, LAKE COUNTY, INDIANA, APPROVING THE TRANSFER OF CERTAIN PROPERTY FROM THE TOWN OF ST. JOHN TO THE ST. JOHN REDEVELOPMENT AUTHORITY.

Mr. Forbes noted "Resolution #14-06-26 RDC, a resolution of the Town of St. John, Lake County, Indiana, approving the transfer of certain property from the Town of St. John to the St. John Redevelopment Authority.

Mr. Forbes asked the councilmen if they had any questions on this resolution. The councilmen had no questions or comments on the resolution.

Mr. Forbes stated he would entertain a motion to adopt Resolution #14-06-26 RDC. "So moved," by Mr. Bustamante. Mr. Gembala seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

B. RESOLUTION #14-06-26A RDC, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ST. JOHN, LAKE COUNTY, INDIANA, APPROVING A SUB-LEASE AGREEMENT BETWEEN THE TOWN OF ST. JOHN, LAKE COUNTY, INDIANA, AND THE ST. JOHN REDEVELOPMENT COMMISSION.

Mr. Forbes noted that "Resolution #14-06-26A RDC, a resolution of the Town Council of the Town of St. John, Lake County, Indiana, approving a sub-lease agreement between the Town of St. John, Lake County, Indiana, and the St. John Redevelopment Commission."

Mr. Forbes asked the councilmen if they had any questions on Resolution # 14-06-26A RDC. The councilmen had no questions.

Mr. Forbes stated he would entertain a motion. Mr. Volk made a motion to adopt Resolution #14-06-26A RDC. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

C. CONSIDER DISPOSAL OF CERTAIN REAL PROPERTY (POLICE AND PUBLIC WORKS VEHICLES AND EQUIPMENT).

Mr. Forbes noted Item C, for the Council's consideration, was disposal of certain real property, police and public works vehicles and equipment.

Mr. Forbes asked Mr. Kil to expound on this matter. Mr. Kil informed the Board that there is some miscellaneous public works equipment that needs to be disposed of. Mr. Kil stated that it was decided as long as three police vehicles are going to be disposed of (two Crown Victorias and one Chevy Impala) sealed bids would be accepted. He stated an newspaper advertisement/notice will have to be run. Mr. Kil stated that the public works equipment will also be included in the advertisement.

Mr. Kil asked for the Council's authorization to dispose of the aforementioned items through a sealed bid process. He stated that the sealed bid process has been used previously. Mr. Kil referred the councilmen to a list of items being sent out for sealed bid, which was included in their packet. Mr. Kil stated if there were any other questions he would be happy to answer them.

Mr. Forbes stated he would entertain a motion to authorize Mr. Kil, Town Manager, to dispose of the town-owned property through sealed bids. "So moved," by Mr. Gembala. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

REPORTS AND CORRESPONDENCE:
A. TOWN COUNCIL:

Mr. Forbes asked if this was the proper juncture to acknowledge receipt of the Redevelopment Commission's Annual Report.

Mr. Kil recommended that a motion acknowledging receipt of the Redevelopment Commission's Annual Report would be greatly appreciated.

Mr. Forbes stated he would entertain a motion acknowledging receipt by the Town Council of the St. John Redevelopment Commission's Annual Report. "So moved," by Mr. Gembala. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes asked the councilmen if they had anything to report.

Mr. Gembala had nothing to report.

Mr. Volk had nothing to report.

Mr. Bustamante had nothing to report.

Mr. Barenie had nothing to report.

Mr. Forbes informed the Board that a Request to Purchase was before him. He stated that the Request to Purchase is for two separate drainage projects located at Park Drive and Howard Street in Lantern Woods. Mr. Forbes stated that the total amount for these repairs for the two projects is $29,400.00 with funds coming out of the Cumulative Sewer fund.

(General discussion ensued.)

Mr. Forbes asked for a motion to authorize the Request to Purchase. Mr. Volk made a motion to authorize the Request to Purchase in the amount of $29,400. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes stated he did not have an actual document in front of him, but he requested the Council's consideration to authorize the Haunted House budget for 2014, in the amount of $40,200. Mr. Forbes stated that this was the exact amount that was used last year for the Haunted House. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes asked for a motion to authorize signature of the contract with the consultants, the language is the same as it has been for the last seven years. He stated that the only changes that will be made is a request from the consultants that they be paid $8,000, and the dates on the contract would reflect 2014. "So moved," by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes noted that the roof repairs at the Haunted House have been previously discussed. He stated that the estimate of the repair is $10,000 for the two roofs that have leaks in them. Mr. Forbes asked if there was support to have these sections of the roof replaced in the amount of $10,000. Mr. Barenie stated he would support this motion. Mr. Bustamante 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 nothing to report.

TOWN MANAGER:
Mr. Kil updated the Council on the Town's residential construction activity. He stated last year at approximately this time there were 101 residential permits issued, in 2014 thus far, there have been 91 residential permits issued. He stated things are now picking up after a bad winter. Mr. Kil noted that construction activities are pretty steady.

Mr. Kil informed the Council that the reason that McDonalds has not started building yet is due to having to wait for NIPSCO to move the utilities. Mr. Kil stated he has been assured by Mr. Maurice King that provided the utilities are moved, construction will commence immediately.

Mr. Forbes read excerpts from an article Nerd Wallet with the headline Website Ranks Best Communities for Homeownership. Mr. Forbes informed the Council that St. John, Indiana, was ranked number two, based on availability, affordability and growth. Mr. Forbes stated that St. John falls within the top ten cities in Indiana for homeownership. Mr. Forbes mentioned that Dyer and Cedar Lake were also in the top ten. Mr. Forbes stated that this was article was a nice reflection on the Town of St. John.

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

(General discussion ensued.)

Chief Frego delivered the Police Department's monthly report for May 1-31, 2014, to the Council. Chief Frego informed the Council that his officers just underwent two days of very important training with other area departments related to active shooter response at Clark Middle School. He stated this training ran for two days.

PAYMENT OF BILLS FOR THE CORPORATION:
Mr. Forbes moved on to payment of the bills. He noted APVs 10261 through 10501 in the amount of $1,524,169.94. He asked if there were any discussions on the bills. There were no comments from the councilmen.

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

PUBLIC COMMENT:
Mr. Forbes opened the floor for public comment related to the St. John Town Council. He called for public comment.

Mr. Dan Botich informed the Council that he is the President of the Indiana Ballet Theater. He stated on the upcoming Saturday at 7:00 p.m. the Indiana Ballet Theater will be performing a recital at the Lake Hills amphitheater. The IBS will also be holding a forum for ballet dance. He stated that this forum is to provide education and outreach to the Town of St. John as a part of the IBS program.

Mr. Botich stated that the Indiana Ballet Theater annually performs the production of the Nutcracker at the Star Plaza Theater. Mr. Botich thanked the Town of St. John and its elected officials for allowing them the opportunity, for the second year, to bring the IBS progam to St. John. He invited the council to attend the event.

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. Bustamante. Mr. Gembala seconded the motion. The motion was carried unanimously by voice vote (5/0). 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