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January 14, 2016 Town Council Minutes

Michael ForbesClerk-Treasurer, Beth Hernandez
Mark BarenieTown Manager, Steve Kil
Steve HastingsChief Fred Willman
Christen JorgensenChief James Kveton
Gregory Volk 

CALL TO ORDER:
Mr. Forbes called the January 14, 2016, regular Town Council meeting to order at 7:18 p.m.

PLEDGE OF ALLEGIANCE: BOY SCOUT TROOP 561
Mr. Forbes announced that Boy Scout Troop 561 would lead the Pledge of Allegiance.

(The Pledge of Allegiance was said.)

ROLL CALL:
Clerk Treasurer, Beth Hernandez took roll call with the following council members present: Michael Forbes, Mark Barenie, Steve Hastings, Christen Jorgensen and Gregory Volk. Attorney David Austgen was present. Town Manager, Steve Kil, was present. Chief James Kveton was present. Chief Fred Willman was present. Recording Secretary, Susan E. Wright, was present.

ELECTION OF OFFICERS:
Mr. Forbes noted the first item of business before the Council was election of officers. He asked for a nomination for the office of President.

Mr. Steve Hastings made a motion to elect Mr. Michael Forbes as President of the Town Council for 2016. Mr. Forbes asked if there were any other nominations. Mr. Jorgensen nominated Mr. Mark Barenie for the position of President. There were no other nominations.

Mr. Forbes asked all those in favor of Michael Forbes for the position of President say aye. The motion was carried by voice vote (4/1). Ayes --- four Nay --- one. Mr. Jorgensen voted no. Mr. Forbes asked all those in favor of Mr. Mark Barenie for the position of President say aye. The motion failed (1/4). Ayes --- one. Nay --- four.

Mr. Forbes asked for a nomination for the office of Vice-President. Mr. Forbes nominated Mr. Mark Barenie for the office of Vice-President for 2016. Mr. Jorgensen seconded the nomination. Mr. Forbes asked if there were any other nominations for the office of Vice-President. There were no further nominations. The motion was carried by voice vote (5/0). Ayes --- all. Nay --- none.

PRESENTATION: FRED FREGO
Mr. Forbes noted the next item on the agenda was a presentation for former Chief of Police Fred Frego. Mr. Forbes presented Chief Fred A. Frego a plaque to memorialize the respect and gratitude of the St. John Town Council and the community and their acknowledgement of his dedication and service to the Town of St. John.

Chief Frego thanked the Town Council, Town attorney, Town manager, all of the department heads and Chief Willman for all of the cooperation he received in his 11 ½ years as Chief of Police. He wished Chief Kveton the best of luck.

SWEARING-IN CEREMONY: JAMES KVETON --- CHIEF OF POLICE
Mr. Forbes moved on to the next item on the agenda, the swearing-in ceremony of James Kveton, as the new Chief of Police for the Town of St. John.

Clerk Treasurer, Beth Hernandez stated she has had the pleasure of working with Chief Kveton for approximately two weeks; she stated in the short time she has known him she can confidently say he will do good for the Town. She stated Chief Kveton is fair, structured and has the best interests of the Town and residents at heart.

Ms. Hernandez stated it is her honor and privilege to swear-in Mr. James Kveton as the new Chief of Police.

(Clerk Treasurer Beth Hernandez administers the oath of office to Chief Kveton.)

NEW BUSINESS:
A. CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES (HAAS & ASSOCIATES) FOR 2016.

Mr. Forbes noted the first item under New Business for the Council’s attention was to consider the professional services agreement for engineering services in 2016 to be provided by Haas & Associates. He asked if there were any questions on the agreement. There were no questions.

Mr. Forbes stated he would entertain a motion to approve the agreement and authorize the Town Council president to execute the same. “So moved,” by Mr. Barenie. Mr. Hastings seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

B. CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES (AUSTGEN KUIPER & JASAITIS, PC) FOR 2016.

Mr. Forbes noted the next item on the agenda for the Council’s attention was to consider the professional services agreement for legal services for the year of 2016 to be provided by Austgen, Kuiper & Jasaitis, PC. He asked if there were any questions on this agreement. There were no questions.

Mr. Forbes stated he would entertain a motion to approve the agreement and authorize the Town Council president to execute the same. “So moved,” by Mr. Hastings. Mr. Barenie seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

C. CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL SERVICES (CENDER & COMPANY) FOR 2016.

Mr. Forbes noted the next item on the agenda for the Council’s consideration was the professional services agreement for financial services for the year 2016 to be provided by Cender & Company. He asked if there were any questions on this agreement. There were no questions.

Mr. Forbes stated he would entertain a motion to approve the agreement and authorize the Town Council president to execute the same. “So moved,” by Mr. Volk. Mr. Hastings seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

D. 2016 BOARD AND COMMISSION APPOINTMENTS.

Mr. Forbes noted the next item on the agenda was the 2016 Board and Commission appointments and recommendations, as follows: Board of Zoning Appeals President, Mr. Jim Maciejewski, will be the Town Council’s appointment to the Plan Commission, Mr. Tom Ryan will fill the one-year vacancy on the Board of Zoning Appeals left by Mr. Maciejewski.

Mr. John Gil, building inspector, was appointed to the Contractor’s Board. Mr. Forbes stated that he had received a letter from Mr. Jack Slager, who resigned from the Contractor’s Board with one year left on his term. Mr. Forbes recommended that Mr. Joe Gomeztagle be appointed to fill this one-year vacancy left by Mr. Slager. Mr. Forbes added that Mr. Kozel and Mr. Hoover have been reappointed to the Contractor’s Board.

Mr. Forbes recommended that the following individuals be reappointed to the Economic Development Committee: Mr. Nick Georgiou, Mr. John DeYoung, Mr. William Keith, Ms. Kelly Stranahan, Mr. Steve Kil, Mr. Mark Barenie and Mr. Rich Setlak. Ms. Gina Fessler was appointed to the Economic Development Committee to fill the vacancy of Mr. Mark Hill (deceased).

Mr. Forbes reappointed Mr. Pete Kohut, Ms. Shirley Nivens, Mr. Frank Buck and Mr. Vince Frassinone to Impact Fee Board.

Mr. Forbes reappointed Mr. Frank Bradke and appointed Mr. Carl Mikusak to the Park Board.

The following appointments were made to the Plan Commission: Mr. Jim Maciejewski, Mr. Bob Birlson and Mr. Jason Williams. Mr. Steve Kozel was reappointed to the Plan Commission. Mr. Forbes noted that himself, Mr. Greg Volk and Mr. John Gil would be the staff appointments to the Plan Commission.

Mr. Forbes announced the following reappointments to the Police Commission, Mr. Kevin Vanna and Robert Long.

Mr. Forbes stated that all of the members of the Town Council were appointed to the Redevelopment Commission. He stated that Lake Central and Hanover High Schools would be contacted for school board appointments.

Mr. Forbes stated that following individuals were appointed to the Sanitary Board, Mr. Ken Gembala and Ms. Michelle Haluska.

Mr. Forbes stated that the following individuals would be reappointed to the Water Board, Mr. Greg Volk and Mr. Michael Forbes. Mr. Christian Jorgensen was appointed to the Water Board.

Mr. Forbes stated that all of the members of the Town Council were appointed to serve on the Utility Board.

Mr. Forbes asked if there were any questions on the aforementioned recommendations. There were no questions.

Mr. Forbes stated he would entertain a motion to approve the recommendations to the various Boards and Commissions as discussed above. Mr. Volk made a motion to approve the recommendations. Mr. Jorgensen seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes noted the liaison assignments were as follows: Mr. Mark Barenie, Chamber of Commerce and Economic Development Committee; Mr. Volk, Plan Commission and Board of Zoning Appeals; Mr. Forbes, Park Board and Impact Review Commission; Mr. Steve Hastings, Police Commission and Fire Department; Mr. Jorgensen, NIRPCI and Lake County Solid Waste; and, Mr. Steve Kil, Safety Village.

Mr. Forbes noted that the Ethics Committee needs to send letters to Hyles Anderson, the school corporation and the St. John Chamber of Commerce requesting recommendations from these entities for members for the Ethics Committee.

E. CONSIDER ORDINANCE NO. 1619, AN ORDINANCE ESTABLISHING A TEMPORARY FEE PAYMENT DEFERRAL POLICY FOR THE 2016 PARADE OF HOMES.

Mr. Forbes noted the Ordinance No. 1619, an ordinance establishing a temporary fee payment deferral policy for the 2016 Parade of Homes was before the Board for their review and consideration. Mr. Forbes stated that this temporary fee deferral was done last year at the original Parade of Homes. He stated the Town is fortunate to again have the Parade of Home, in its entirety, in a single site in the Gates of St. John.

Mr. Forbes stated the purpose of Ordinance No. 1619, allows a one-year temporary waiver of all of the fees for building of the units in the Parade of Homes. Mr. Forbes stated that the fee waiver is done to entice more builders to come to the development to build and participate in the Parade of Homes. Mr. Forbes asked if there were any questions on Ordinance No. 1619. There were no questions.

Mr. Forbes stated he would entertain a motion to consider Ordinance No. 1619 on first reading. “So moved,” by Mr. Volk. Mr. Barenie seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes stated he would entertain a motion to adopt Ordinance No. 1619. “So moved,” by Mr. Volk. Mr. Hastings seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

F. CONSIDER ORDINANCE NO. 1620, AN ORDINANCE RESCINDING ORDINANCE NO. 1538 AND ORDINANCE NO. 1540 REGARDING BUILDING PERMIT DEFERRAL POLICY.

Mr. Forbes noted the next item on the agenda was to consider Ordinance No. 1620, an ordinance rescinding Ordinance No. 1538 and Ordinance No. 1540, regarding the building permit deferral policy. He stated that these two ordinances were enacted in 2011. Mr. Forbes stated the purpose of the ordinances were to continue development in Town and the ordinances allowed builders to pay half of the building fees associated with building a house in Town at the start of construction and allowed them to pay the other half of the building fees upon securing an occupancy permit.

Mr. Forbes stated that since the Town has fully recovered from any impacts of the recession, staff suggested that this deferral policy be discontinued. He explained that the purpose of Ordinance No. 1620 would be the discontinuation of Ordinance Nos. 1538 and 1540. Mr. Forbes asked if there were any questions on Ordinance No. 1620. There were no questions.

Mr. Forbes stated he would entertain a motion to consider Ordinance No. 1620 on first reading. “So moved,” by Mr. Hastings. Mr. Barenie seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes stated he would entertain a motion to adopt Ordinance No. 1620. “So moved,” by Mr. Volk. Mr. Barenie seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

REPORTS AND CORRESPONDENCE:

A. TOWN COUNCIL
Mr. Forbes asked the Council members if they had anything to report.

Mr. Volk had nothing to report. Mr. Jorgensen had nothing to report. Mr. Hastings had nothing to report. Mr. Barenie had nothing to report.

Mr. Forbes stated he had a note in front of him that the Council needs to appoint Chief Kveton to the E-911 Commission. He asked for a motion. “So moved,” by Mr. Barenie. Mr. Volk seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

B. CLERK-TREASURER
Ms. Hernandez stated she would start off by saying what an honor it is for her to be able to serve the community as Clerk-Treasurer. She stated she spent a lot of time anticipating and planning for the when the time came for her to take office. Ms. Hernandez acknowledged she knew her work was cut out for her, but it is difficult to understand the full spectrum until you jump in.

Ms. Hernandez stated that she believes the majority of people are aware that Some of the existing staff took part in the retirement package. She stated that, thankfully, Pat Kocot and Bev Gawrys came out of a very brief retirement to assist her with the transition in the Clerk-Treasurer’s Office so far. Ms. Hernandez stated that their knowledge and expertise has been very beneficial to her new staff and herself. Ms. Hernandez thanked Connie for remaining on staff and assisting in the training in her office as well. She stated words cannot express how thankful she is for these three ladies.

Ms. Hernandez introduced two new staff members from the Clerk-Treasurer’s office, Kim Miller and Donna Little. She stated she is extremely pleased in how much they have learned in a short nine days. Ms. Hernandez introduced Michelle Tyler, Deputy Clerk-Treasurer. She stated Ms. Tyler has been making tremendous gains so far. Ms. Hernandez stated she and her Deputy Clerk are focusing on closing out the books for 2015 and completing the bank recs.

Ms. Hernandez stated that preparation of the annual report for the State is the next job on their horizon. She stated that her office is continuing to transition and restructure with accountability, efficiency and transparency at the forefront.

STAFF

Attorney Austgen had no reports.

Mr. Kil had no reports.

Chief Kveton expressed his gratitude and honor for being selected for his new position. He stated he has not met all or talked with all of the officers or members of the Town staff yet. He stated he has worked closely with Ms. Hernandez for the last couple of weeks. Chief Kveton stated he sees a lot of pride and integrity in the Town and in the police officers.

Chief Kveton stated he looks forward to the next several years working with all of the officers and creating an environment of trust and pride throughout the entire department. He thanked all of the police officers who were present tonight to honor his swearing-in, and also to honor Chief Frego’s retirement. Chief Kveton stated it was great to see all of the police officers present and he looks forward to working with them every day.

Chief Willman stated as of January 5, 2016, he has completed twenty years as Chief of the St. John Fire Department, and thirty-five years altogether as a member of the fire department.

PUBLIC COMMENT:

Sharon Pacific, 11423 State Line Road
Ms. Pacific noted an interesting article in the January 7, 2016, issue of The Times regarding the boom in home building in St. John. She stated if you read what Town Manager, Steve Kil, is saying the only conclusion that can be reached is that the St John Council does not understand the problems that the current homeowners will face as a result of this boom.

Ms. Pacific stated it is not possible to build as many homes as are being proposed off of the Town’s current two-lane highways without creating major problems for the present homeowners. She stated that there is already unmanageable traffic congestion on 101st, Calumet and State Line. Ms. Pacific stated it is impossible to cross 101st during high traffic times now. Ms. Pacific stated you cannot put this many people in such a small area and not expect huge problems.

Ms. Pacific stated that, obviously, none of the owners of Schilling Development live in the small area, or it would not even be a consideration to destroy the quality of life even further than it already has been. Ms. Pacific stated the article also mentioned a new well that was being built in the southwest quadrant of St. John to accommodate the building of these homes. She asked how the well was going to affect her existing area. Ms. Pacific asked “Will we even have enough water?”

Ms. Pacific noted the Greystone subdivision, to be located on the corner of 101st and Calumet Avenue, will be in the Hanover Township school district. She stated any children in Greystone would attend Cedar Lake schools. Ms. Pacific stated this means more schools would have to be built to accommodate these children. She stated the St. John residents do not need additional taxes added to their property taxes.

Ms. Pacific stated that Schilling Development and other developers like them need to be charged impact fees to pay for the road improvements and schools. She stated that these developers are making millions of dollars from these subdivisions. Ms. Pacific asked why these developers should be able to plunder the Town’s neighborhoods and then make off with the profits leaving the residents to pick up their tab. She asked how Schilling Development could feel this is fair; she opined it’s neither fair nor just.

Ms. Pacific asked the Town Council what they were going to do. She stated that her understanding is that the Council has already approved a huge subdivision “strangely called the Preserves, when that is the last thing that will be done.” Ms. Pacific stated this subdivision will be another subdivision done by Schilling Development without making adequate provisions to accommodate additional people and vehicles. She stated that the only reason the Council is now requiring Schilling Development to provide some highway improvements is because of the caring, local residents who stepped up to the plate and testified at the last Council meeting, forcing them to take some action.

Ms. Pacific asked if the developers could be required to provide money to widen the roads and install traffic lights so the residents can at least cross 101st Avenue, and provide money to accommodate the additional children forced into the school system. She asked if the Council if they were going to make the residents pay for the mess that they are approving.

Ms. Pacific stated she does not understand where the Council’s thoughts or ideas are, but this is not fair to the homeowners who live in the area now. She stated this is a rural area, farm land, and not a Town like St. John. Ms. Pacific stated that they can’t take these farms and turn them into 700 homes and expect the little roads, torn apart as it is, to provide for the vehicles from the new developments. She asked, “What are you thinking of? Don’t you care about us residents at all?”

Ms. Pacific stated that the Town annexed this property. She stated at the last Council meeting she attended Mr. Slager testified that the reason the property was annexed was in order to build the subdivision. Ms. Pacific stated, “That’s not right to us. We’re just regular people just like you and we want our homes to stay the way they are.” Ms. Pacific described the route she has to take if she wants to go north on State Line Road when she can’t cross 101st.

Ms. Pacific asked again about the well the Town was building. Mr. Kil explained that the well is in the Town’s Master Plan. He stated that a fracture trace analysis was done of the entire southwest quadrant. Mr. Kil stated that the Town knew that at some point in the future they would have to put an additional well in to provide volume. Mr. Kil stated that the location of the well has not been determined only that a well will have to be constructed in the future.

Ms. Pacific asked how the Town’s proposed well would affect the wells of the residents in her area. Mr. Kil explained that the well would function fundamentally the same way the well operates on the east side of Town. Mr. Kil explained that the Town’s wells are typically about 260 feet down into the bedrock. He stated that the private wells, not having to produce the volume of a Town well, are significantly shallower.

Ms. Pacific asked how this would affect the aquafer. Mr. Kil reiterated that the exact location of the well is not yet known. He stated that the fracture trace analysis geologically identifies where most of the fractures intersect and identifies the logical locations to dig a well.

Ms. Pacific asked if the Council was against charging developers impact fees so the existing residents don’t have to pay for the additional schools and highway additions and improvements. Mr. Kil stated that impact fee statutes are pretty clear. He asked Attorney Austgen to elaborate on the impact fees.

Attorney Austgen stated that impact fees cannot be assessed for schools. He stated that specifically identified infrastructure can be assessed impact fees, and it does not include schools or educational institutions. Attorney Austgen cited the statute he was referring to 36-7-4-1300.

(General discussion ensued.)

Ms. Kil explained the system development fees for water and sewer. He explained the difference between impact fees and development fees.

Mr. Forbes explained that the Hanover Township is in the Town’s district, that Hanover Township runs right through the middle of St. John. He explained that the Town is split right down the middle between St. John Township and Hanover Township. Mr. Kil explained that the school districts do not follow town boundaries, the school districts follow the township boundaries. Mr. Kil stated that the residents of St. John live in three townships, St. John Township, Hanover Township and Center Township. He described the boundaries of each township.

Ms. Pacific asked the Council how they arrive at a decision to approve a subdivision. She stated she went to a Plan Commission meeting and was not allowed to speak. Mr. Kil stated that the Preserve will be on the February 3, 2016, Plan Commission agenda. He stated that Schilling Development has decided to hire a traffic engineer to do a traffic study for the Preserve development.

Mr. Kil explained that a Town has zoning ordinances and a Subdivision Control Ordinance in place. He explained that if the Town tells someone that they cannot develop their property, then the Town must buy the property (adverse possession). Mr. Kil stated that the Town cannot deny someone a right to develop their property provided that they develop a property in accordance with all of the Town’s ordinances.

(General discussion ensued.)

Brian Blazak, 9299 Franklin Drive:
Mr. Blazak stated since the last Plan Commission meeting was cancelled due to no quorum, he was wondering if the Town has required the developer of the Preserve have a traffic study done in compliance with the ordinance? Mr. Kil explained in discussion with Mr. Slager, representative for Schilling Development, it was determined that a traffic study/analysis will be done. Mr. Kil stated he believes First Group Engineering was hired to do the traffic study. Mr. Kil stated that this traffic study was supposed to be done and submitted to the Plan Commission at the February 3, 2016,

Mr. Blazak asked if First Group Engineering was the same entity that created the Town’s 10-year Development Plan. Mr. Kil stated that First Group did the Town’s Thoroughfare Plan. Mr. Blazak asked if the draft online is going to remain a draft. Mr. Kil stated that Mr. Dennis Cobb is in the process of finalizing the Thoroughfare Plan for the Town. Mr. Kil stated that the Thoroughfare Plan is supposed to be completed within the next two weeks and submitted to the Town. Mr. Kil stated that a final draft of the Thoroughfare Plan will be put on line.

Mr. Blazak asked how a traffic study is done if traffic is not counted or accounted for. He stated that 93rd and White Oak is his back yard, and he has seen no evidence of a traffic study being conducted, no counters, no trips and no people and no evidence at all that a traffic study is being conducted. He asked again, how is the traffic study being done? Mr. Blazak asked again “Where is this traffic study being done?” He asked if people were going to sit around and hypothetically create things.

(General discussion ensued.)

Mr. Blazak stated that White Oak, 93rd and 101st, will be the roads catching the brunt of the Preserve traffic. He stated since there are only two exits, one on White Oak and one on 93rd, all of the traffic will funnel through these two roads. Mr. Kil stated his understanding is that Mr. Cobb will be taking a hard look at these intersections in the traffic study. Mr. Kil stated he does not have any information in front of him at the present time, only that a traffic study is being performed.

Mr. Blazak asked how the Town is going to prove that this traffic study being done by Schilling Development is worth the paper it is printed on. Mr. Kil stated that the Town’s professionals will review the traffic study when it is completed. Mr. Kil stated that the Town Engineer will review the traffic study. Mr. Kil stated that he will rely on the Town’s engineering firm to review this work.

(General discussion ensued.)

Mr. Blazak asked if there would be another public hearing on the Preserve. Mr. Kil stated that the Preserve will be back before the Plan Commission on February 3, 2016, to make a presentation of the traffic study and other issues that they are preparing for right now.

Vince Carbonic, 9679 White Oak Avenue:
Mr. Casboni stated he was a former fireman for the Town of St. John. He stated he will be located right across from the Preserve, a proposed 319 acre subdivision with 445 homes. Mr. Casboni stated that his main concern is the drainage run off as far as retention and detention.

Mr. Casboni stated that Bull Run Creek runs through the back of his property. He stated that water comes in from the north of Town and now the creek will also be taking in water coming from the west. Mr. Casboni asked what kind of retention/detention ponds will be provided to stop the flow of water onto his property. Mr. Forbes stated this is another factor that would be reviewed by the Town’s Engineer. He stated that this matter is currently under review.

Mr. Casboni stated that 30 years ago, Bull Run ditch was cleaned. He requested that the Council send a letter to the Drainage Board requesting the Bull Run Ditch be cleaned out again. Mr. Casboni stated with the new subdivision coming in, he’s going to get flooded out again.

Mr. Casboni stated that the sign located at 93rd Avenue and White Oak, reflecting White Oak going west off of Hilltop is one of the smallest signs ever made. Mr. Casboni stated that he did a traffic study of his own on November 24, 2015, from 3:10 p.m. to 6:30 p.m., three hours and twenty minutes. He stated from 93rd Avenue to 101st, southbound there was a count of 517 vehicles and 408 vehicles going northbound. Mr. Casboni stated this is a total of 925 vehicles that passed in front of his gate at 9679 White Oak Avenue.

Mr. Casboni stated on Wednesday, December 9, 2015, he conducted another three hour traffic study from 3:05 p.m. to 6:05 p.m. He stated going north and south on White Oak Avenue the vehicle count was 1,175, and on 93rd Avenue, going east and west from Hilltop to Monix Drive, the vehicle count was 1,442. He stated that makes a total of 2,619 vehicles that passed through this intersection.

Mr. Casboni stated that 93rd Avenue to 101st and White Oak is not even reflected in the Town’s 2005 Thoroughfare Plan graph. He noted that the Town has sold a parcel to the ice arena. He stated this this sale will create even more of an influx of traffic coming down White Oak Avenue. Mr. Casboni stated that the ice arena is open almost twenty-four hours.

Mr. Casboni noted that the Town has a police commission; he asked why there was no fire commission.

Adrian Bugariu, 11747 West 90th Avenue:
Mr. Bugariu stated he has been a St. John resident for 39 years. He stated it was not even a year and he was terrorized by these people. Mr. Bugariu stated the Town does not need “Frego, Fryzel and Steve Kil.” He stated he understands that David Austgen is a very good friend with Fryzel.

Mr. Bugariu stated he was put behind bars by these people (pointing) for eleven years, not to mention 1977.

Vince (unintelligible last name), 9161 Franklin:
He stated he has been a Town resident for approximately five years. He stated that recent developments have him very concerned. He stated he was a project manager for over 40 years and oversaw some pretty significant projects. He addressed Mr. Kil, he stated if someone attended one of his meetings and expressed the level of knowledge that Mr. Kil has about the process, he would asked that they be removed.

He stated he is stunned Mr. Kil is still here. He stated Mr. Kil has no clue as to how to prepare for a project of this size and he doesn’t even know what paperwork or studies are required. He stated things have been approved without traffic control studies and God knows what else. He stated that this project has been very badly handled and he hopes there is time to fix it before it is totally screwed up.

He stated in the future, the residents of this Town will be faced with massive road construction costs because St. John is not coordinating with other cities and towns in any way to aid traffic flow. And now, he stated, we’re adding an unknown number of cars for 435 houses to three roads that are totally unequipped to handle the traffic.

Gerry Swets, 9490 Joliet Street:
Mr. Swets stated he is a member of the St. John PAC. He addressed the entire Council. He stated residents look to the Council with respect due to the positions that they hold, but do not always respect all of the decisions that are made. Mr. Swets stated that they are in disagreement with a lot of decisions that are made. He stated this is not personal, it is business, the Town’s business.

Mr. Swets stated that the Council tries to improve the Town as best they can, and the residents try to add improvements to the Town as well. He welcomed Mr. Jorgensen and Mr. Hastings the new Town Council members. Mr. Swets told them they have many tough jobs ahead of them.

Mr. Swets noted it was a new year and an opportunity for a brand new start. He stated if some improvements and changes could be made, it would eliminate a lot of the criticisms that have come upon the Council. Mr. Swets stated it was an opportunity for everyone on the Council to start fresh.

Mr. Swets told Mr. Forbes, as president, he left many unresolved issues, number one, the lawsuits that the Town has been bombarded with and with the Town Manager in the middle of them. He remarked upon the conversion charge that Mr. Kil is facing, and Mr. Kil not even having been put on administrative leave or being fired, which, he opined, is a pretty normal process in most businesses.

Mr. Swets noted another issue is unmanageable traffic. Traffic that might have been improved if the guidelines that were set up in 2005 had been followed. Mr. Swets stated he believed Mr. Forbes was a part of setting up these guidelines and he didn’t follow them. Mr. Swets stated that 93rd Avenue is a problem area and would have called for a new traffic study. He stated this has not been done and Mr. Forbes is not doing his job.

Mr. Swets stated that re-zoning and new building is being approved for multi-family housings. He stated when an open hearing is held, one of the biggest concerns expressed by residents is that no more multi-family housing be approved because it will destroy the property values of the residents who are in single family dwellings.

Mr. Swets stated that a re-zoning is approved for the Preserves development without even following the guidelines set forth in the Town’s ordinances which require traffic studies. He stated none of this stuff was done. Mr. Swets stated Mr. Forbes is being asked to do his job and do it the right way.

Mr. Swets stated things aren’t going to get any better here. He stated that the Council is not allowed to do anything that they please. Mr. Swets stated that the Council is not allowed to make the rules and then decide which ones are to be followed without some consequences.

Mr. Swets reiterated he’s hoping this year can bring about a new start. He stated, based on his concerns, he’s asking Mr. Forbes to begin a search for a new town manager. He opined Mr. Kil needs to be replaced due to his actions. Mr. Swets stated that the legal issues Mr. Kil has brought the Town into are an embarrassment.

Mr. Swets stated, Mr. Forbes, being the head of the Council, is responsible for this. He stated many times executives are faced with these type of decisions and they understand their responsibility for it, and they would resign under these conditions. Mr. Swets asked Mr. Forbes to resign from his position.

Dale Robert, 11990 Heron Lake Road:
Mr. Robert stated he looked up a few things pertaining to the Preserve. He stated this section of land was incorporated into St. John in July of 2015. Mr. Robert stated it was zoned on 8-5-15 as an R-1, and on 11-19-15 it was changed to a PUD according to Ordinance No. 1615. Mr. Robert recommended that this ordinance be rescinded just as an ordinance was rescinded on the agenda tonight.

Mr. Robert asked if the councilmen had received a plat plan of the Preserve before they passed Ordinance No. 1615. Mr. Forbes stated the plan was included in the packet. Mr. Robert asked if the residential lots had been reflected in the plan. Mr. Forbes stated the plan did not have any engineering.

Mr. Robert asked if the designated wet lands were reflected on the plan. Mr. Forbes responded, “Yes.” Mr. Robert noted the four acres that are right in the middle of the plan, off of 97th and he asked if the Council if they knew what this location was. Mr. Forbes stated he does not recall there being wet lands in the middle of the development. Mr. Robert stated the location he is referring to is on the US Fish and Wildlife website as a designated wet land. Mr. Forbes responded that if it is a wet land, it will be brought to the Plan Commission’s attention by the Town Engineer.

Mr. Robert stated his understanding of a PUD is that it allows any size lot that the developer wants. He stated that Council approved the PUD. Mr. Robert stated, in other words, the Council is saying it is okay to have 80-foot lots with all of the R-2 and R-1 lots that are designated 100 foot lots. He stated that the Council is approving over 200 80-foot lots in the Preserves.

Mr. Robert stated that there is a fresh water emergent wet land right in the middle of the proposed subdivision. He stated you can’t build on the wet land. Mr. Robert stated he did not see the plan himself. He, again, recommended that Ordinance 1615 be rescinded and the lots revert back to R-1.

Mr. Robert asked why the building commissioner job was not advertised for bid. Mr. Kil explained that a current Town employee from the Public Works department was transferred into the job. Mr. Robert asked why the job was not put out for bid. Mr. Kil explained that a transfer from within the Town was made to fill the job. Mr. Kil stated that the building commissioner has a degree in construction technology from Purdue University.

(General discussion ensued.)

Mr. Robert stated it just seems like people are put in different jobs without putting the jobs out for public bids and he was really disappointed in this action.

Joe Hero, 11723 South Oak Ridge Drive:
Mr. Hero stated you have a Town Manager who has been charged with conversion. He asked Mr. Forbes how he could allow Mr. Kil to control purchases and control the money of the Town. He asked Mr. Forbes if he could answer this question. Mr. Hero asked, how could you have him handling credit cards? How can you have him handling any financial matters if he has been charged with conversion? He asked Mr. Forbes to explain this.

Mr. Hero asked Mr. Forbes if he was present when Mr. Kil was converting the signs. He asked him if this is why he would not answer the question. Mr. Hero stated, if the Council listened to the comments, looking at the conversion charge, Mr. Forbes should at least suspend Mr. Kil and take away his financial authority until the conversion charge is resolved. He stated that is typically what would happen in any other community.

Mr. Hero stated that the issue that comes up in his mind is that Mr. Forbes is not taking seriously the leadership as the Town Council president. He stated Mr. Kil should be suspended, at the very least. He asked if it was because Mr. Forbes was a part of this action. He asked if this is the reason Mr. Forbes won’t take action. Mr. Forbes responded, “You know I had no part in it.”

Mr. Hero stated Mr. Forbes was there as the Town Council president when the conversion occurred. He stated Mr. Forbes’ car pulled up next to Mr. Kil’s, and then Mr. Kil went out and converted more signs. Mr. Hero stated that Mr. Forbes had knowledge of what was going on.

Mr. Hero stated that notwithstanding the trust issue, the issue of competence has come up tonight, if the Council has been listening to the previous comments. He stated if Mr. Forbes was not willing to make a change for the conversion charge, he should be making a change for competency.

Mr. Hero stated take a look at St. John and all of its traffic problems, all of the complaints of the residents and Mr. Kil is running the Town. He stated that the previous Council was just a rubber stamp, they collected their paycheck and allowed Mr. Kil free rein. He asked if this is why Mr. Forbes won’t suspend Mr. Kil, because they get a paycheck and don’t have to do any work. Mr. Hero stated he does not hear any answers.

Mr. Hero welcomed the new Police Chief and also gave him some condolences for all of the other problems that have been highlighted with the Police Department. He stated “There is supposedly a grand jury investigation tied into all of this.” Mr. Hero asked what did the Council know as all of these activities have gone on.

Mr. Hero asked why the Council offered a retirement package for a bunch of Town employees and did not eliminate their jobs. Mr. Hero stated now there are some people coming back who received the retirement package. He asked if the retirement package was a bribe to shut people up. He asked if the retirement package was an incentive to “Shut up. Take your money and go.” He asked Mr. Forbes if this was the purpose of the retirement package.

Mr. Hero stated that the other issue he has for Chief Kveton was for him to examine everyone who has had access to Spillman over the last five years and see what inappropriate activity has been going on. He asked Chief Kveton to look at this communication system and identify any illegal use of the system.

Mr. Hero stated another issue to be looked at is if St. John letter head or police letterhead was used to purchase any assault rifles, and, if so, investigate to see if this was an appropriate purchase.

Mr. Hero reiterated he would like to see Mr. Forbes suspend Mr. Kil, at the very least, and Mr. Forbes resign from his position.

Mary Therese Robert, 11990 Heron Lake Road:
Ms. Robert addressed Mr. Kil. She stated when her husband and her first moved to Town, they came to his office. She stated they questioned Mr. Kil about the sewer project across the street. Ms. Robert stated Mr. Kil told them he knew nothing about the sewer project. She stated these are the storm sewers that Arzumanian did not finish. She stated the tax payers of St. John paid these bills.

Ms. Robert stated the Town now has a Tree Commission. She asked what the purpose of the Tree Commission was. Ms. Robert asked if they have found, identified and/or removed the emerald ash borers before they infect more trees.

Ms. Robert asked who is responsible for the signage at the subdivisions. She stated, “We are not a community. We are subdivisions.” She stated her subdivision has no sign. Ms. Robert asked why the developers are being allowed to come in and build a subdivision and then not being required to maintain the entrances after the last lot is sold. Ms. Robert stated she spoke to Mr. Kil on the phone about this issue.

Ms. Robert asked if everyone was on board with the Code of Ethics. She asked Mr. Jorgensen if he had been informed of the Code of Ethics or signed it yet. She stated she would talk to him about this matter. Ms. Robert asked Mr. Kil if he had signed a Code of Ethics. Mr. Kil stated he doesn’t know that the Council has ever adopted the Code of Ethics.

(General discussion ensued.)

Ms. Robert stated Mr. Kil is the Town Manager, and she expects him to have a Code of Ethics also. She stated Mr. Kil lied to her and husband “bold-faced” about the sewer project that he said he knew nothing about. Mr. Kil stated he still doesn’t know what Ms. Robert is talking about.

Ms. Robert stated it was sewers that were put behind “those homes.” Ms. Robert asked Mr. Robert to explain what she was talking about. Mr. Robert stated it was the completion of a sewer project that was from Heron Lake to the retention pond on the north side. Mr. Robert stated it cost over $50,000 to the taxpayers that they did not know about. Mr. Robert stated that the sewers had something to do with Mr. Arzumanian and (unintelligible). Mr. Kil stated he does not have any idea what Arzumanian was supposed to do; he stated this was so long ago he probably wasn’t even with the Town yet. Mr. Robert stated the project was completed in the 2004-2005-time frame.

Ms. Robert asked why the fire and police chiefs aren’t required to sign off on subdivisions that the subdivision is safe as to fire and for the police department to do the same.

Ms. Robert stated she has made previous comments to the Council wherein businesses in Town would be required to beautify Indianapolis Boulevard.

Ms. Robert stated that the DNR just awarded funds to various towns for trees. She asked why the Town is not doing anything to get ahead.

Ms. Robert asked if the Town was involved in the Regional Cities runoff where free money was being given out.

Ms. Robert stated she suggested that the Town open up the naming of the dog park. She stated it would have been nice to have the school kids voting on a name. She stated, “But, it was already decided --- I don’t know by which one of you, nor do I care.” Ms. Robert stated it was a sad thing to lose this, because it would have been a good thing to involve the schools in.

Ms. Robert asked if the Council if they attend the Shared Ethics Advisory Committee meetings. She asked again if anyone attended the meetings. She stated she would take no response as a no.

Ms. Robert stated that the DNR was also giving out money for forestry. She stated that there is a lot of money out there, “But we’re too worried about covering the things that we do than being forthright and trying to go ahead.”

Ms. Robert stated she is sorry she moved to St. John. She stated “This is not a community; it’s a subdivision.”

Kathleen Voss, 17753 Thielen St.:
Ms. Voss stated she agrees with the previous comments regarding the leadership in Town. She stated, “Unfortunately, Mr. Kil, you’ve been here way too long.” She stated the Town does whatever is convenient for them.

Ms. Voss stated she wanted to talk about Public Works. She asked if the Town was supposed to notify adjacent homeowners before property is rezoned and allow them to comment. She stated Public Works [sic] was never notified. She stated it wasn’t until the houses are going down and it’s “Oh, here’s the grand plan.”

She asked where are the trees to block the buildings? Where is the gazebo?

Ms. Voss asked about the Industrial Park that was developed. She stated it supposedly doesn’t border any homes. Ms. Voss stated that the Industrial Park is supposed to have screening or opaque walls, and there’s nothing but a chain link fence. Ms. Voss stated that the Town is worried about trailers in the back yard that must be on concrete, yet it looks like a Christmas tree in her back yard with all of the fire trucks and the lights and the signs and everything else. She reiterated…it seems like whatever is convenient for the Council.

Ms. Voss stated, “Please, take this Town into consideration for a moment. Look at the grand plan, not just what’s on your plate or convenient for your friends at the moment.” Ms. Voss stated, “You need to go and we need somebody that will step up to the damn plat for a change.”

Tom Parada, 9535 Joliet Street:
Mr. Parada stated he’s been a resident for 56 years. He stated he has a number of points and questions concerning a number of things. Mr. Parada stated most of his concerns are with the Town’s leadership. Mr. Parada stated that he’s glad to see four new eyes on the Council. He stated he is not very happy with the way things have been done in the past.

Mr. Parada stated he had a question for Mr. Forbes. He stated he has been videotaping the meetings for a while, and it seems to Mr. Parada when he reviewed Mr. Forbes on tape, he seems to spend a good deal of time chuckling, laughing and acting like questions are really outrageous. Mr. Parada stated when he reviewed the videotape from the last meeting he noticed when he mentioned that Mr. Forbes’ actions took a pretty high toll on Sherry Sury’s health, you really got a big chuckle out of that.

Mr. Parada added, he hoped Ms. Hernandez is treated much better in her position than Ms. Sury was.

Mr. Parada stated Mr. Kil’s court date for the conversion charge is coming up pretty soon. He asked Mr. Forbes if he will take the same “cavalier attitude” in front of Judge Schiralli as he does at the meetings. Mr. Parada repeated his question loudly two more times. Mr. Parada stated since he was not getting an answer he would take it as a “yes.”

Mr. Parada stated he has a “bone to pick” with Mr. Barenie. Mr. Parada stated that Mr. Barenie was present at the November meeting as was Ms. Sury. Mr. Parada stated Mr. Barenie made a comment “We need a full-time Clerk-Treasurer.” Mr. Parada stated that this was a very distasteful thing to say.

Mr. Parada stated he and Mr. Barenie have interacted briefly in the past. He stated he would enlighten the audience. Mr. Parada stated he got on Mr. Barenie pretty hard at the Meet the Candidate meeting. Mr. Parada stated this was a very emotional time for him as his house was in jeopardy, “And I still think it is -- of being wrecked by the Town or torn down.“

Mr. Parada stated two days after this encounter he came up to Mr. Barenie and apologized because he had found out Mr. Barenie had a lot of problems at home because his daughter had been in a near fatal accident. Mr. Barenie agreed that he believes Mr. Parada apologized to him profusely.

Mr. Barenie stated he would appreciate it if Mr. Parada would not talk about his personal matters.

Mr. Parada opined that it would only be fair and right for Mr. Barenie to apologize to Ms. Sury. He stated Ms. Sury has had a lot of problems.

Mr. Parada repeated his request for Mr. Barenie to apologize to Ms. Sury because of what was said about her being a “non full-time Clerk -Treasurer.”

Mr. Barenie stated he does not believe he said that. Mr. Parada stated that “You said exactly that.”

Mr. Parada asked Mr. Barenie “So you’re not going to apologize?”

Mr. Barenie stated he would not know what to apologize for. Mr. Prada stated he just told Mr. Barenie what the apology was for. Mr. Barenie stated he doesn’t believe he called Ms. Sury a part-time clerk. He stated what he said was “We need a full-time clerk.” Mr. Parada concurred.

(General discussion ensued.)

Mr. Barenie stated he wished Ms. Sury no ill will, and he made no comment about her health. He stated if someone interpreted his remark as such, he apologized.

Mr. Parada asked Mr. Barenie again, to apologize to Ms. Sury. Mr. Barenie, again, stated he’s not sure what he would be apologizing for. Mr. Parada stated he would explain.

Mr. Prada stated “Here’s how this works. You made the comment in public that we need a full time treasurer, and you have not attended 29% of the meetings in the last three years nor 27% of the Utility Board meetings. How do you answer for that?”

(General discussion ensued.)

Mr. Parada stated that Mr. Forbes got a big chuckle out of Mr. Parada’s comments on job-related stress at the last meeting. Mr. Forbes stated he laughed at Mr. Parada’s inaccuracies of the situation. Mr. Parada asked Mr. Forbes to enlighten him. Mr. Forbes refused.

Mr. Parada commented that he’s noticed that Mr. Forbes doesn’t have many answers. He stated its usually dead silence. Mr. Forbes stated he could not share this information with Mr. Parada. Mr. Parada stated that Mr. Forbes shouldn’t be so irresponsible about something he can’t share.

Mr. Barenie stated he wanted to make a few more comments. He stated, based on the comments that the Council has heard about Mr. Kil, no one will believe that for every meeting he did not attend, he was in full discussion with his fellow councilmen and Mr. Kil. Mr. Barenie stated there were many nights he was up from 5:30 a.m. to midnight in order to keep informed on the Town’s business.

Mr. Barenie stated he did not know who did Mr. Parada’s math, he stated he should be graded on the twelve years he has been in office. Mr. Prada asked Mr. Barenie if he knew how much time Ms. Sury devoted to the Town. Mr. Barenie stated did not realize he was battling Ms. Sury in an election.

Mr. Barenie stated he supported Ms. Sury for probably 11 years. He stated that the last year was not so good. Mr. Barenie reiterated there were 11 good years. Mr. Barenie stated when he told the truth and the truth was not bad, Mr. Parada didn’t like his statements.

Mr. Parada stated he did not believe that Mr. Barenie was telling the truth. Mr. Barenie stated Ms. Sury would probably tell him that they got along good for ten or eleven years. Mr. Parada stated he has his opinions just like Mr. Barenie has his. Mr. Parada reiterated he did not believe Mr. Barenie was telling the truth.

(General discussion ensued.)

Mr. Parada asked Mr. Kil if there was any news on the redraw of Joliet Street. Mr. Kil stated he did not have anything yet. He stated when he has drawings he will present them to the Town Council and Mr. Parada would be more than welcome to the same information.

Mr. Kil stated that the Clerk-Treasurer has a copy of Mr. Parada’s survey. Mr. Parada stated that he received a copy of the survey. Mr. Kil stated that he wanted to ensure that Mr. Parada had a copy of the survey.

Mr. Parada stated he’s been hearing for years and years and years that they could not have a traffic signal at Joliet and Route 41. He stated no matter how much of a danger this intersection is to citizens of the Town, the State just won’t allow the signal light. Mr. Parada stated, in reality, the Town Council never petitioned the state for a traffic signal at this location. He stated that it was explained to him that the Town had it all covered because of the grand plan to put at traffic signal it at 97th or 96th. Mr. Parada asked why the townspeople have been lied to about this for all of these years. Mr. Kil stated he was not sure what Mr. Parada was talking about.

Mr. Kil stated that the State of Indiana, INDOT, were made privy to the conceptual drawing that the Town had for the Boyer development. He stated this conceptual drawing calls for the elimination of left turns at Joliet Street and the addition of a traffic signal at 96th (which would be a future 96th Avenue to the east). Mr. Kil explained that typically INDOT will not allow a traffic signal within 1000 feet of another signal. Mr. Prada stated, “That’s a crock.”

(General discussion ensued.)

Mr. Kil talked about information out of the Uniform Traffic Control manual.

Rita Burg 10351 Joliet Street:
Ms. Burg stated she is one of many parents who lost children due to an accident on Route 41. She stated she lost her only son on Route 41. Ms. Burg stated, since that time, she has been before the Council many times before and she gave up because she kept hearing “We don’t have the money to put sidewalks down Joliet.”

Ms. Burg stated that there are a lot of kids who walk up and down Joliet Street and there are no sidewalks. She stated that kids are walking up and down Joliet Street and it’s so dangerous. Ms. Burg stated every parent on the street is apprehensive.

Ms. Burg stated she was very upset that the signal light didn’t get put in at Joliet Street. She stated Joliet Street, 93rd Avenue and Route 231 are all major roads going to Crown Point. She stated that it’s important to a lot of people in Crown Point that they can go up the street to go shopping. Ms. Burg stated now they will have to find another way around, using 93rd Avenue or Route 231, she stated that this will add to the existing traffic nightmare on these roads.

Ms. Burg stated that she took the initiative and called the Laporte INDOT office. She stated that she voiced her concerns about the road safety to a representative in that office who told her they would be out to do a study in approximately two weeks. Ms. Burg stated that she then received a phone call from the INDOT representative approximately a week later informing her of the plans the Town has for the mall, side roads and a roundabout.

Mr. Kil stated that no one from INDOT ever called him, and he hasn’t talked to anyone from INDOT in months. Mr. Kil stated that INDOT was shown a conceptual drawing. He stated that anytime a town is going to undertake on a project like this involving a state highway, the Department of Transportation has to approve it. Mr. Kil reiterated that INDOT was shown a conceptual drawing of the Boyer project where Joliet Street would be rerouted to a traffic light on 96th Avenue. Mr. Kil stated that INDOT was also shown a very rough draft of a conceptual drawing of how left-turn traffic would be stopped at Joliet Street.

(General discussion ensued.)

Ms. Burg stated she has both personal reasons and practical reasons for wanting to see something done about the traffic on Joliet Street. Mr. Kil stated that approximately ten years ago, the Town wanted to put in sidewalks on both sides of Joliet Street. He stated that the residents on Joliet Street, at that time, would not hear of it. Mr. Kil stated that the residents did not want people walking in their front yards. Mr. Kil stated that the Town is a big proponent of sidewalks.

Ms. Burg stated that the two neighbors at the end of her block were paid for a portion of their front yards, and the yard was then used to go into the new housing development behind them. She stated that those are the only two residents in her neighborhood that objected to sidewalks on Joliet Street, and it was because they would not have any front yard left. Ms. Burg stated she had obtained the signatures of everyone else on her block on both sides, all of whom were in favor of sidewalks.

(General discussion ensued.)

Ms. Burg stated she wants to see the safety issues put in for the children, especially on the corner. She asked how many kids have been hit at this location. Ms. Burg reminded the Council that in 1984, St. John lost 14 children. Mr. Kil stated that is why the Town wants to eliminate the left-hand turns at Joliet Street.

Ms. Burg asked the Council to request a traffic study by INDOT at Joliet Street, and request a signal light at this location. Mr. Kil stated he would contact INDOT and request an analysis of Joliet Street. Ms. Burg stated there are enough accidents here that everyone should be concerned.

Tom Parada, 9535 Joliet Street:
Mr. Parada stated that the Boyer plan has been around since 2006. Mr. Kil stated that Boyer plan was submitted to him in 2015. Mr. Prada asked how many accidents have been at Joliet Street. He stated that the Joliet Street intersection has been bad for a long time, and something needs to be done about it before anything else. Mr. Kil stated that is what the Boyer plan is proposing, to eliminate the left-hand turns.

Mr. Parada stated that he didn’t wish to debate this matter. He stated that the Town says that this plan will cut off 90 percent of the traffic on Joliet Street. Mr. Parada stated “That’s just stupid because it’s not going to change a bit.”

(General discussion ensued.)

Mr. Parada stated “Signalize it now.”

Sharon Pacific, 11423 State Line Road:
Ms. Pacific asked what, if anything, of the landowners near the proposed Greystone can do to stop Greystone. Mr. Kil stated that the residents can attend the public hearings that are advertised. He stated that Greystone will probably be before the Board in March, although they have not yet requested a public hearing. He stated any resident within 300 feet of the property will receive a certified letter. Mr. Kil stated that there will also be a sign posted facing 101st advertising the public hearing.

Ms. Pacific asked if a subdivision of the size that the Greystone developer is proposing could be stopped if there was enough public support against it. Mr. Kil stated this was a very difficult question to answer. He stated he did not know how to answer this question.

Mr. Kil stated that the residents can show up at a meeting and remonstrate against a subdivision, and the Plan Commission will take those comments into consideration when they vote. He stated he would certainly recommend that concerned citizens attend the public hearings.

Joe Hero, 11723 South Oak Ridge Drive:
Mr. Hero stated that a developer is using the same engineering company to do a traffic study that the Town uses. He asked if the engineering company has been asked to submit an “anti-collusion affidavit.” Mr. Hero opined that the Town should find a new company to do the traffic study that is independent of the company hired by the developer to avoid any conflict of interest. He stated that the engineering company should be made to sign an “anti-collusion affidavit” so the company cannot be doing private work for a developer. Mr. Hero stated that it will be difficult to judge whose interests the traffic study is in.

Garret (unintelligible) 2736 Edgar Drive
This young man asked the Council what they were going to do about the old K-Mart. He stated this building has been sitting for a really long time. Mr. Forbes stated that there has been conversation with the company that owns that building. He stated that the company is not interested in selling the empty building but they are looking for a long-term lease.

Garret asked the Council, “What are you going to do about the food situation. There’s like a lot of fast food places here...” Mr. Forbes stated that the Council is hoping that if and when the Boyer development comes into Town, it will bring some more high level restaurants in. Mr. Forbes stated that there are two restaurants coming into the north end of Town across from Lake Central.

Leo Lazroff, 9490 Julia Drive:
Mr. Lazroff stated that there was a little run-in approximately four years ago about a basketball court in his backyard. He stated that the zoning was overridden so that the basketball court could go in. Mr. Lazroff stated it cost him $10,000 to put a wall around his swimming pool to stop his basement from being flooded.

Mr. Lazroff asked the Council to start looking at things. He stated that the proposed Preserve is going in on 93rd Avenue. Mr. Lazroff stated that it looks like the bike trail is going through the wet lands. He stated if the trail is going through the wet lands, the Town is in some serious trouble. Mr. Lazroff stated to build a bike trail in the wet lands will leave the Town dealing with the Army Corps of Engineers and inviting another lawsuit. Mr. Lazroff stated the Town should think about this before they take any actions.

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. “So moved,” by Mr. Volk. Mr. Hastings seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none. (The meeting adjourned at 9:00 p.m.)

ATTEST:

____________________________________
Beth R Hernandez
Clerk-Treasurer