St. John Indiana - Founded 1837
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February 25, 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 February 25, 2016, regular Town Council meeting to order at 7:06 p.m.

(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, Greg Volk, Christian Jorgensen and Steve Hastings. Attorney David Austgen was present. Town Manager, Steve Kil, was present. Chief James Kveton was present. Chief Fred Willman was present.

APPROVAL OF MINUTES: JANUARY 28, 2016
Mr. Forbes stated that he would entertain a motion to defer the minutes of the January 28, 2016 meeting. “I’ll make that motion,” by Mr. Volk. Mr. Jorgensen seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

NEW BUSINESS:

A. CONSIDER RESOLUTION NO. 2016-02-25, FISCAL PLAN FOR REAL PROPERTY LOCATED AT 101ST AND CALUMET AVENUE.

Mr. Forbes stated that Resolution No. 2016-02-25, a fiscal plan for real property located at 101st and Calumet Avenue, was before the Council for their consideration and action. He stated that this was an annexation that was presented to the Town Council at their last meeting. He asked the councilmen if there were any questions on the fiscal plan. There were no questions.

Mr. Forbes stated he would entertain a motion to adopt Resolution No. 2016-02-25. “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 ORDINANCE NO. 1616, THE ANNEXATION OF REAL PROPERTY LOCATED AT 101ST AND CALUMET AVENUE.

Mr. Forbes noted the next item on the agenda was consideration of Ordinance No. 1616. He stated that a public hearing had been held on the annexation at the last meeting. Mr. Forbes asked if there were any questions on Ordinance No. 1616. There were no questions.

Mr. Forbes stated he would entertain a motion to adopt Ordinance No. 1616. “So moved,” by Mr. Volk. Mr. Jorgensen seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

C. CONSIDER AN INDEMINFICATION AND HOLD HARMLESS AGREEMENT FOR THE TRANSFER OF THE SERVICE WEAPON FOR BERNIE J. JOHNSON.

Mr. Forbes noted that the next item for the Council’s consideration was an indemnification and hold harmless agreement for the transfer of the service weapon for Bernie J. Johnson. Mr. Forbes asked the councilmen if they had any questions on this matter. There were no questions.

Mr. Forbes stated he would entertain a motion to approve the indemnification and hold harmless agreement for the transfer of the service weapon for Bernie J. Johnson. “I’ll make that motion,” by Mr. Volk. Mr. Hastings seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

D. CONSIDER A DONATION TO THE LAKE CENTRAL DOLLARS FOR SCHOLARS PROGRAM IN THE AMOUNT OF $1,000 (ONE THOUSAND DOLLARS).

Mr. Forbes noted that the next item for the Council’s consideration was a $1,000 donation to the Dollars for Scholars program for Lake Central.” Mr. Forbes noted that this donation was made last year. He stated $1,500 was also donated from the Haunted House fund to the scholarship program. Mr. Forbes asked if there were any questions on the scholarship donation. The councilmen had no questions.

Mr. Forbes stated he would entertain a motion to donate $1,000 to Lake Central’s Dollars for Scholars on behalf of the Town Council. “So moved,” by Mr. Jorgensen. Mr. Hastings seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

E. CONSIDER ORDINANCE NO. 1621, AN ORDINANCE FOR A ZONE CHANGE FROM R-1 TO R-2 FOR DEVELOPMENT OF EDEN’S COVE.

Mr. Forbes stated the next item for the Council’s consideration and action was Ordinance No. 1621, a zone change from R-1 to R-2 for development for Eden’s Cove. Mr. Forbes stated that the Plan Commission had held a public hearing for the zone change at Eden’s Cove and sent a favorable recommendation to the Town Council. He asked if there any questions on the Eden’s Cove zone change. There were no questions.

Mr. Forbes stated he would entertain a motion on the zone change from R-1 to R-2 for Eden’s Cove. “I’ll make that motion,” by Mr. Volk. Mr. Barenie seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

F. CONSIDER ORDINANCE 1622, AN ORDINANCE FOR A ZONE CHANGE FROM AN R-2 PUD TO AN R-3 PUD, GATES OF ST. JOHN, UNIT 10-I.

Mr. Forbes noted the next item on the agenda was Consideration of Ordinance No. 1622, an ordinance for a zone change from R-2 PUD to an R-3 PUD for the Gates of St. John, Unit 10-I. He stated a public hearing was also held by the Plan Commission for this matter and a favorable recommendation had been forwarded to the Town Council. He asked if there were any questions regarding this matter. There were no questions from the councilmen.

Mr. Forbes stated he would entertain a motion to adopt Ordinance No. 1622. “So moved,” by Mr. Barenie. Mr. Hastings seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

G. CONSIDER LEASE AGREEMENT WITH ST. JOHN YOUTH BASEBALL.

Mr. Forbes stated that the next item for the Council’s consideration and action was the lease agreement with St. John Youth Baseball. He stated that this matter came to the Council’s attention over a year ago. Mr. Forbes stated that there was significant discussion at that time. He stated that the reincorporation of the youth baseball group held the matter up for a time. Mr. Forbes asked if there were any questions from the councilmen. There were no questions.

Mr. Forbes stated he would entertain a motion to approve and authorize the Town Council President to execute the Agreement with St. John Youth Baseball. “So moved,” by Mr. Barenie. Mr. Volk seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

H. CONSIDER REDUCTION OF THE PERFORMANCE BOND FOR SILVERLEAF, PHASE TWO, IN THE AMOUNT OF $267,296.

Mr. Forbes stated the next item on the agenda was to consider the reduction of the performance bond for Silverleaf, Phase Two, in the amount of $267,296. Mr. Forbes noted that this recommendation comes from the Town’s engineer, Haas & Associates, after having reviewed the improvements that were put in for Silverleaf. He stated that the remaining amount of bond for Silverleaf would be lowered to $600,057.73. Mr. Forbes asked if there were any questions on this reduction. There were no questions.

Mr. Forbes stated he would entertain a motion to approve the reduction of the Silverleaf, Phase Two, performance bond in the amount of $267,296. “I’ll make that motion,” by Mr. Volk. Mr. Jorgensen seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

* * * * * * * *

Mr. Jorgensen made a motion to amend the agenda to add Item I, Ordinance No. 1623. Mr. Forbes stated that there was a motion by Mr. Jorgensen to amend the agenda. He asked for a second. Mr. Barenie seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

I. ORDINANCE NO. 1623, AN ORDINANCE ESTABLISHING PUBLIC MEETING PARLIAMENTARY PROCEDURES/PARAMETERS FOR THE PUBLIC COMMENT PORTION OF TOWN PUBLIC MEETINGS AND ALL MATTERS RELATED THERETO.

Mr. Forbes stated that Item I, added to the agenda, Ordinance No. 1623, an ordinance establishing parliamentary procedures/parameters for the public comment portion of town public meetings and all matters related thereto was next for the Council’s consideration. He asked if the councilmen had any comments on this matter. There was no discussion.

Mr. Forbes stated he would entertain a motion to consider Ordinance No. 1623 on first reading. “So moved,” by Mr. Barenie. Mr. Jorgensen 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. 1623. Mr. Jorgensen made a motion to adopt Ordinance No. 1623, an ordinance establishing public meeting parliamentary procedures/parameters for the public comment portion of Town public meetings and all matters related thereto. Mr. Barenie seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

* * * * * * *

(General discussion ensued.)

REPORTS AND CORRESPONDENCE:

TOWN COUNCIL
Mr. Jorgensen stated, by way of explanation for his having amended tonight’s agenda, that the ordinance was not provided to the Council in final form until a couple of hours ago in. He stated that this ordinance has been worked on with the Town attorney and also with the Chief of Police. Mr. Jorgensen stated that Ordinance 1623 was something that the Town did not have on the books before. He stated that the ordinance relates to public decorum and the scheduling of public comment.

Mr. Jorgensen explained that every tribunal, and certainly, every town council, has some kind of parameters for public comment. He stated that Ordinance was reviewed and it is eminently fair and reasonable in establishing Robert’s Rules or Order for the Town Council and will be available for public perusal after the meeting.

Mr. Volk had nothing to report.

Mr. Hastings asked the citizens to make a report if they see any throwing of whiskey bottles and beer bottles out on Patterson and 93rd Avenue and places like that. He stated that he talked to Chief Kveton and possibly a couple of signs will be posted reminding individuals that it is illegal to litter. Mr. Hastings asked for all of the residents’ cooperation to prevent littering, and pick up the litter if it happens to be on their property.

Mr. Barenie thanked the entire St. John staff, who, over the last 24-48 hours did a tremendous job of cleaning up the streets and making them safe.

Mr. Forbes stated that he has been getting phone calls, emails and texts in appreciation from the residents for the hard work of the Public Works Department and the visibility of the Police and Fire Department during the rough weather. He stated it was a great team effort and he appreciates everything that got done.

Mr. Forbes stated he drove home from Merrillville yesterday and St. John’s roads were visibly better than most communities. Mr. Forbes stated that the visibility of the Town’s group was predominate. He reiterated his appreciation for the Public Works.

Mr. Forbes had four Requests to Purchase. He stated the first Request to Purchase was for the Public Works Department, a request to purchase a 2016 F350, 4x4, standard cab, 8’ box. He stated that the amount of the vehicle is $28,319.24. Mr. Forbes asked if there were any questions on this Request to Purchase. There were no questions.

Mr. Forbes stated he would make a motion to authorize payment of this bill in the amount of $28,319.24. “So moved,” by Mr. Barenie. Mr. Hastings seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes moved on to the second Request to Purchase was for the Public Works Department was for a 2016 F250 4x4, supercab with a 6.75’ box. He stated the total amount for this vehicle was $34,585.24. He asked if the councilmen had any questions. There were no questions.

Mr. Forbes stated he would entertain a motion to authorize payment for the 2015 F250 in the amount of $34,585.24. “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 read the third Request to Purchase, this request was from the Police Department for two 2016 Dodge Charger Police pursuit-rated vehicles. He stated the total amount for both vehicles is $64,494.00. He asked the councilmen if they had any questions. There were no questions.

Mr. Forbes stated he would entertain a motion to authorize payment of the bill for the two 2016 Dodge Chargers in the amount of $64,494.00. “So moved,” by Mr. Hastings. Mr. Jorgensen seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes read the fourth Request to Purchase, this request from the Fire Department for a Chevrolet Silverado for a total amount of $29,498.25. He asked the councilmen if they had any questions. There were no questions.

Mr. Forbes stated he would entertain a motion to authorize payment for the Chevrolet Silverado in the amount of $29,498.25. “So moved,” by Mr. Jorgensen. Mr. Volk seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

CLERK-TREASURER
Ms. Hernandez stated that the Clerk-Treasurer’s budget has recently been approved through the Department of Local Government and Finance. Bank records are currently up-to-date; she stated they have worked extensively on this item. Ms. Hernandez stated the fixed asset portion of the annual report is now complete. She stated she feels her office is on track to submitting the final annual report through Gateway by the end of the month, which is the deadline (provided there are no additional surprises.)

Ms. Hernandez stated her office has been working on evaluating the current internal controls in her office, and she thanked Mr. Mark Barenie for stopping by and helping with this process. She stated these controls ensure that the Clerk-Treasurer’s office is in compliance with the Indiana State Board of Accounts. Ms. Hernandez stated the office has until June 30, 2016, to be on board.

Attorney Austgen commented that Ms. Hernandez’s efforts are in codifying regulations that are required by recently adopted statutes. He stated that the State Board of Accounts did not provide a lot of guidance. Attorney Austgen stated that at some point, the Clerk-Treasurer will be providing documents that will need to be approved by resolution so that a policy is established on the books. He stated that Ms. Hernandez will be training her staff on these internal controls and mechanisms for budget and audits, etc.

Attorney Austgen informed that Council that he has reviewed the Town Code, pursuant to the Council’s request, and his recommendation is that the Town Code should be updated. He stated that this is a process that needs to happen periodically and now is the time for the update.

Attorney Austgen stated he has been working with Mr. Kil and developers related to the ice arena property. He noted that the successful purchaser of the ice arena parcel is present tonight. Attorney Austgen noted that this process happened last November with the ice arena being sold to the successful bidder in a public bidding project that was advertised, noticed and a public hearing held.

Attorney Austgen stated that the developer agreement is 99 percent complete. He stated he has been exchanging communications this past week with Attorney Scheele. Attorney Austgen noted that the development agreement contains language that the commitment is on the developer for the type, nature and requirements for the development of the subject parcel.

Attorney Austgen recommended that the Council accept the development agreement when the same is finished, which should be within the next couple of days. Attorney Austgen stated he would recommend that the Council authorize entry into the developer agreement to consummate the transaction for the sale of the 1.1 acres to the developer in consideration for this development agreement and for the commencement of the construction of a 40,000 square foot addition to the current facility to be constructed and utilized.

Mr. Forbes asked for a motion on Attorney Austgen’s recommendations. Mr. Jorgensen made a motion to authorize the Council President to sign the developer agreement upon its final form. Mr. Barenie seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

(General discussion ensued.)

Attorney Austgen updated the Council on the road impact fee research and activity. He stated it has been discovered through some research done by the engineering consultants that there are studies that validate and justify impact fees in communities in Central Indiana.

Attorney Austgen recommended that the Council solicit proposals so that there are several proposals to consider and assess for the needs of St. John and the next action steps related to it.

(General discussion ensued.)

Mr. Kil had no reports.

Chief Willman presented the Fire Department’s January, 2016, monthly report.

Chief Kveton informed the Council that policy coordinator has been working with Chief Willman on acquiring grants for Narcan for both the Fire and Police Department so the drug can been accessible at all times. He stated they are also trying to acquire EEDs, not only for the officers on the street, but also one at the station in case of a cardiac medical emergency.

Chief Kveton stated that the last 30-plus hours have been exciting for everyone at the Police and Fire Departments and all of the other Town Departments. He stated fifty calls for service were answered in the last 30 hours. Chief Kveton stated 101st between White Oak and Calumet was closed for a period of time on Wednesday; he stated that there were over a dozen cars stuck on the hill there.

Chief Kveton stated that the Department had some great assistance from some citizens in Town. He stated that the Police Department had assisted Lake County and Crown Point with a semi-truck and some vehicles stuck on Route 231 east of Cline Avenue. Chief Kveton stated, with the help of the Fire Department, several citizens were evacuated to the Public Safety facility from the stranded vehicles. He stated that the citizens were given a ride back to the Public Safety facility, where some of them found rides while others slept in the Fire Department overnight.

Chief Kveton stated that Route 231 was closed until approximately 5:00 p.m. this afternoon. He stated that’s how long it took to remove the stuck vehicles and the stuck snowplows that were there.

Chief Kveton stated that the Police Department is in the process of conducting a one-hundred percent audit of the entire evidence storage facility to account for all crime-related evidence that is being stored there.

Chief Kveton stated he has been working to build relationships with the residents and their concerns. Chief Kveton stated he has been addressing resident concerns as immediately as he possibly can.

Chief Kveton he has been working on some audits of weapons. He stated he has been working on the records management system, Spillman. Chief Kveton stated that the biggest complaints of the residents is of speeding and traffic in the subdivisions and traffic violations. He stated over the last month, the Police Department responded to 27 different complaints from residential areas. Chief Kveton stated he participated in stopping vehicles on White Oak for speeding. Parking concerns over on Larimer were discussed.

Chief Kveton stated that the school resource officer, Brett Sidebender, worked with the high school on a class where a DUI educational video was produced. Chief Kveton stated he is continuing to build community relationships, and he had his second breakfast with the Chief on Monday at the Aspen Café. He stated that he hopes to continue the breakfasts on a monthly basis.

PAYMENT OF BILLS:
Mr. Forbes moved on to payment of the bills for the corporation. He stated the general APV docket is six pages, 6991 through 26774. Mr. Forbes stated the total amount of the bills was $1,572,455.25. He asked if there were any questions on the bills. There were no questions.

Mr. Forbes stated he would entertain a motion. “I’ll make that motion to pay the bills,” by Mr. Volk. Mr. Hastings seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

PUBLIC COMMENT:
Mr. Forbes opened the floor to public comment. He stated Ordinance 1623 would be published on the Town’s website tomorrow morning.

PUBLIC COMMENT

Dale Robert, 11990 Heron Lake Road:
Mr. Robert stated that there are many issues he would like to bring up. He asked if the cars that were purchased tonight were put out for bid. Mr. Forbes stated that the vehicles were not put out for bids, the Town goes through the government purchase program.

Mr. Robert stated he thinks the Town is supposed to put the cars out for bid. Mr. Kil explained that there are three prices on each of the vehicles. He stated that the police vehicles are purchased through the state purchasing program. Mr. Kil stated, for general knowledge, anything under $150,000 does not have to put out to bid. Mr. Kil stated, the Town’s practice is to get three prices on everything. He stated that the Fire and Police Departments both use State bids. Mr. Kil stated that there is a difference between bids and proposals.

Mr. Robert stated he was one of the individuals who attended the Schererville Town Council meeting last month. He stated, “I was sort of impressed. They’re a little more professional than what we see here.” Mr. Roberts stated that their attire was much better, they don’t sit as close together and talk to each other during the meetings, a little more professional. He stated he was very impressed.

Mr. Robert stated that the Schererville Town Council has public comment on their agenda before all of the considerations and ordinances are passed, not after. He stated this is a good idea; it would allow people read the agenda and come up to comment before things are passed. Mr. Roberts recommended that the public comment portion be put in the middle, very similar to what Schererville has done, to make things more transparent.

Mr. Robert stated he is very ashamed of the Town Council President, Mr. Forbes, for his public comments about the Town’s former clerk-treasurer. He opined this was very rude and uncalled for to make rude comments about Sherry Sury. Mr. Robert requested a public apology to her, not only at this meeting, but on record. Mr. Robert asked Mr. Forbes if he had any comment on this. Mr. Forbes responded, “No.” Mr. Robert opined that Mr. Forbes is an embarrassment to the Town of St. John.

Mr. Robert stated he went into the Clerk-Treasurer’s office the other day seeking to find out the composition of the Town’s boards and commissions. He stated he is apparently still on a board. Mr. Robert stated he did not know this for sure because he has not had any correspondence for two years. Mr. Roberts stated he went to the Building Department and then received a phone call later in the day to be informed he was still on the board.

Mr. Robert stated he received a letter from Attorney Muenich advising him that he’s been designated to represent the Town Contractor’s Board. He said the letter stated, “You have previously been advised the Board had a scheduled meeting on the 24th.” Mr. Roberts asked, who told him that? Who advised him of this meeting? Nobody. Mr. Forbes stated a notice was sent out. Mr. Robert responded, “Nobody sent out notices.”

Ms. Hernandez stated the Contractor’s Board meeting was noticed for probably close to a month. Mr. Forbes stated Mr. Robert knew about the meeting because he was instrumental in setting it up. Mr. Robert reiterated that there was no notice. He asked where the notice was published. He asked someone to show him.

Ms. Hernandez stated the notice is posted in the bulletin case outside of the office. She stated she personally put up a sheet. Mr. Robert stated that the former administrator in the Building Department used to send out notices every month. He stated the current administrator had no idea what he was talking about. Mr. Robert stated she directed him to Mr. Kil’s office.

Mr. Robert stated that what he brought up with the young lady who came in to complain about a contractor had nothing to do with warranties or a contract (unintelligible word). He stated she had a complaint about a contractor that built the building and she had water leaks and complaints. Mr. Robert stated water leaks cause mold. He stated that there are four units in that building and every unit in the building can be affected. He stated for this reason, the complainant should bring the contractor before the Board.

Mr. Robert brought up the hiring practices in the Town of St. John. He stated he put in a request for the salary ordinances, but he has not received it yet.

Mr. Robert asked Attorney Austgen to explain to the audience what a tort claim is. Attorney Austgen defined “tort claim” for the audience. Mr. Robert stated that there was a tort claim filed on 4-7-05. Mr. Robert asked Mr. Kil if he was familiar with this tort claim. Mr. Kil asked him which specific one he asked about.

Mr. Forbes stated that the Council does not discuss litigation in public. Mr. Robert stated this is not litigation. Mr. Forbes told him he was asking questions about litigation. Mr. Robert said he was not. Mr. Forbes stated he felt Mr. Robert was asking questions about litigation. Mr. Robert responded, “You don’t know any better.”

Mr. Robert stated the tort claim “Is closed, so it’s not under litigation. It’s with Chris and Jamie Gil --- Gil – Gil. Chris and Jamie Gil.” Mr. Kil: If you say so. Mr. Robert: If I say so? You don’t remember? Mr. Kil: No, I don’t. Mr. Robert: Really? Mr. Kil: Really. What did you say it was? What year? Mr. Robert: 2004. Mr. Kil: 2004. Okay. Mr. Robert: I’m sorry. 2005. Mr. Kil: Okay. Mr. Robert: 2005, settlement, 2006. Mr. Kil: And? Mr. Robert: It’s a tort claim. Mr. Kil: And? Mr. Robert: What---

Mr. Kil: What’s your point? I don’t understand the point. Mr. Robert: What happened? That’s what I want to know. Mr. Kil: I don’t remember. I told you that already. Mr. Robert: You don’t remember? Mr. Kil: If you have it in front of you, why don’t you let us know what happened. Mr. Robert: I didn’t get the actual thing. Mr. Kil: Oh. Well, I’m sorry. I don’t remember, Mr. Robert. Mr. Robert: (untelligible word) memory sometimes. Mr. Kil: Well, you have the document in front of you. Please, bring it out.

Mr. Robert: You had a tort claim with Mary Dobka. Mr. Kil: Mary Dobka? Mary Dobka. Mr. Robert: Yeah, a tort claim. Steve Kil. Fred Frego. David Rybicki, 2-24-14. Mr. Kil: Dale, do you know that as part of my job in state law, I am required to received service summons on behalf of the Town for every little thing that happens. Mr. Robert: Here. Mr. Kil: Well, if you want, I mean you can go through it all. That’s fine. I mean, that’s part of my job. There’s nothing I can do about it. Mr. Robert: I didn’t ask you what your job was. Mr. Kil: You didn’t? Mr. Robert: No. I asked if you were aware of the tort claims? Mr. Kil: And I’m not. Mr. Robert: Okay. Okay.

Mr. Robert asked if Mr. Kil was aware what date the building commissioner was hired. Mr. Kil responded that the building commissioner was hired last year, but he did not recall the exact date. Mr. Robert stated he meant the Town of St. John. Mr. Kil stated for the Town of St. John, it was a decade or so ago. Mr. Kil stated he did not remember the exact hire date of every employee. Mr. Kil stated that there are dozens of employee.

Mr. Robert stated what he was saying is that he sees a lot of nepotism taking place. Mr. Robert stated that Mr. Gil, now our building commissioner, had a tort claim in 2005, approximately the same time Mr. Gil was hired for the Town of St. John. He stated “This seems weird to me.”

Mr. Robert stated that the State of Indiana does not recognize a claim of nepotism as to just family. He asked Attorney Austgen if this was correct. He asked Attorney Austgen to define “nepotism.” Attorney Austgen responded, “No.”

Mr. Robert: You don’t know the definition of nepotism? Attorney Austgen: I”ll get my code book out and read it, but, no, I’m not going to engage in this dialogue with you.

Mr. Robert: State code says it’s a favoritism of people in power hiring relatives. Attorney Austgen: Is that what the state law says? Mr. Robert: Yeah, state law says it. Attorney Austgen: Which code, sir? Mr. Robert: I don’t have the code written down in front of me. Attorney Austgen: Neither do I. Mr. Robert: But I’m not a lawyer. Attorney Austgen: Well.

Mr. Robert: Anyway, the other means of state --- of that code is hiring by persons in power with relatives and friends. It just seems a coincidence to me that somebody gets hired about the same time the tort claim was done. But I don’t know for sure. Never know. How much hiring was done in the last year-and-a-half…of (unintelligible word) people? Does anybody know? No one knows? Mr. Kil: I don’t understand your question. Mr. Robert: How many people --- Mr. Kil: What do you want to know? I don’t know. Three. Mr. Robert: What I’m saying --- three. Mr. Kil: Are you talking about public works employees or are you talking volunteer fireman? Or are you ---- what are you talking about? Mr. Roberts: I’m talking about the people for the Town of St. John hired in the last year-and-a-half approximately? Mr. Kil: Well, I’d have to check, but there is several. I don’t understand the point. Mr. Robert: The point is there’s a lot of people being hired, no --- nothing put out, nothing being advertised. The only time --- the first time --- I did see it today. Mr. Kil: There’s a job advertised today. Mr. Robert: There’s a job advertised on the website. Not everybody’s got computers.

Ms. Hernandez: I placed it on the bulletin board. Mr. Kil: I thought it was posted outside too, Mr. Robert. Mr. Robert: Yeah, but--- Mr. Kil: In the event that you don’t have a computer. Mr. Robert: What I’m saying is that should be public notice in the papers so that--- Mr. Kil: In the legal section that nobody reads? Mr. Robert: Excuse me? Mr. Kil: In the legal ad section where nobody clearly reads it? I’d rather put it on the Town website. Mr. Robert: In other words, you’d just rather do the hiring without letting everybody have the opportunity do anything? Mr. Kil: It’s on the website. Are you interested in it? Mr. Robert: Not at this point, no. I was just questioning the hiring practices. Mr. Kil: It’s posted and we’re accepting applications and/or resumes for the position at this time. Mr. Robert: One ; position. Mr. Kil: For the position at this time, yes.

Mr. Robert: Is the assistant building commissioner on the salary ordinance? Mr. Kil: We don’t have one. Mr. Robert: Yes, you do. Mr. Kil: We do? We have a part time inspector. Mr. Robert: We had a plan commission last night and at that plan commission, Mr. Hero got up and addressed the building commissioner. He was hesitant until he looked at you to make sure he could answer his question. Next to him, Steve Kozel. I’m the assistant building commissioner. When did that job happen? Mr. Kil: He’s a part time inspector; that’s correct. Mr. Robert: He said assistant building commissioner. Mr. Kil: I don’t recall that but he’s the part time building inspector.

Mr. Keith, from the audience, yelled out to Mr. Robert to quit wasting his time.

(General discussion ensued.)

Mr. Robert stated the main thing he’s concerned about is how much did it cost to send these out, a minimum of $150.00 a piece? Mr. Forbes asked where he got $150.00 from. Mr. Robert stated that’s what an attorney charges to send stuff out. Mr. Forbes stated this was an outrageous claim. Mr. Robert mentioned if they get $150.00 an hour and they have a minimum of one hour? Mr. Forbes asked if Mr. Robert had anything else. Mr. Robert stated, “Than you.” Mr. Jorgensen thanked Mr. Robert for being a proponent of Ordinance 163.

Mr. Forbes asked for any other public comment.

Adrian Bugariu 11747 W 90th Avenue:
Mr. Bugariu requested copies of all the letters that were given to Sherry’s office from 2001-2011. Mr. Bugariu stated two years ago he gave copies to Mr. Michael Forbes before he became President and Vice President of the Town Council. Mr. Bugariu stated he sent tort notices to the Town of St. John through certified mail. Mr. Bugariu claimed Jerry Tiebel was picking up the mail from the post office and the tort notices were never presented to you or any other members of the Town Council and that’s a federal offense. He asked what happened to these tort notices. Mr. Forbes stated he does not recall getting a tort notice. Mr. Forbes: did we ever received a tort claim from Mr. Bugariu? Attorney Austgen: Yes. Mr. Forbes: When? Attorney Austgen: A long time ago. Mr. Forbes: You never handed me a tort claim. Mr. Bugariu: “You’re a liar. I can give you exact date and time last year. Mr. Forbes: Thank you, sir. Chief Kveton: Please stop this. Attorney Austgen: Personal attacks will not be acceptable.

Chief Kveton requested, due to safety concerns, to discontinue public comments this evening and go to the adjournment of the meeting.

ADJOURNMENT:
Mr. Forbes stated, based on Chief Kveton’s recommendation, he will accept that motion to adjourn. Motion made by Mr. Volk. Seconded by Mr. Barenie. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none. (The meeting adjourned at 7:50 p.m.)

ATTEST:

____________________________________
Beth R Hernandez
Clerk-Treasurer