| MICHAEL FORBES | GREGORY VOLK | CLERK-TREASURER, BETH HERNANDEZ |
| MARK BARENIE | CHIEF FRED WILLMAN | TOWN MANAGER, STEVE KIL |
| STEVE HASTINGS | CHIEF JAMES KVETON | |
| CHRISTIAN JORGENSEN |
(The Pledge of Allegiance was said.)
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.
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.
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.)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(The meeting adjourned at 9:00 p.m.)
ATTEST:
____________________________________
Beth R Hernandez
Clerk-Treasurer
| MICHAEL FORBES | GREGORY VOLK | CLERK-TREASURER, BETH HERNANDEZ |
| MARK BARENIE | CHIEF FRED WILLMAN | TOWN MANAGER, STEVE KIL |
| STEVE HASTINGS | CHIEF JAMES KVETON | |
| CHRISTIAN JORGENSEN |
Mr. Forbes requested a moment of silence be observed for Deputy Clerk, Michele Tyler, who recently passed away.
(The Pledge of Allegiance was said.)
(A moment of silence was observed.)
Mr. Forbes stated he would entertain a motion to approve the December 17, 2015, Town Council meeting minutes. Mr. Hastings seconded the minutes. The motion was carried by voice vote (4/0/1). Ayes --- four. Nays --- none. Mr. Barenie abstained.
Mr. Forbes noted the first item under New Business was a public hearing for the annexation of real property for Peter and Rada Tzanetkos. Attorney Austgen informed the Council that the Proofs of Publication for the public hearing were in order, and he had the Publisher’s Affidavits evidencing same.
Mr. Kil stated that this parcel of property is located at the southwest corner of the intersection of 101st Avenue and Calumet Avenue. He stated that the parcel is slightly over 24 acres. Mr. Kil stated that the Petitioners are proposing to annex the entire parcel into Town. He stated that the only plans Petitioner currently has are to look at developing the very corner of the roadway and leaving the rest of the property undeveloped.
Mr. Kil stated that Petitioners are requesting that the parcel be annexed into Town in two separate zoning classifications. He stated the commercial property is annexed in under C-2. Mr. Kil stated the bulk of this property will be residential and will be annexed in at R-1. Mr. Kil stated that the Council has been provided with a map for review.
Mr. Forbes asked if there were any questions. There were no questions. Mr. Forbes stated he would open the public hearing.
PUBLIC HEARING
Joe Hero, 11723 South Oak Ridge Drive:
Mr. Hero stated, in the past, every time there is an annexation it comes in as agricultural. He stated what is happening tonight, or what is changing is that zoning is being specified prior to the annexation. Mr. Hero stated if there are going to be adjacent homeowners who may or may not like the zoning that is being adopted tonight, it would be appropriate to annex the property in as all R-1. He stated if the owners want a zoning change, a public hearing should be held to do the zoning change.
Mr. Hero stated he does not feel it is appropriate to specify zoning at the initial annexation. He stated the practice of specifying zoning at the time of annexation deprives the people of Town to comment on the zoning that is approved. He stated that there is not enough study that goes into the impact of the zoning and traffic concerns.
Mr. Hero requested that this parcel be annexed into Town as all R-1. He stated that another public hearing could be held for a rezoning. He stated that this would enable the Council to get the input of the Town, review traffic, drainage and everything else to see if the zoning that is being adopted is appropriate. Mr. Hero stated he has not heard anyone say that this parcel has undergone a traffic study, a water study and all of the other studies that are required by the Town’s ordinance.
Sharon Pacific, 11423 State Line Road:
Ms. Pacific asked for the exact location of the property. She noted that at the present this property is farmland. Ms. Pacific asked if the studies that Mr. Hero mentioned would be done, studies for water and traffic.
Mr. Kil stated that the property is just being annexed into the community and is not being approved to build anything. He stated if the Petitioner wants to build something on the property, they would have to come in front of the Plan Commission. Mr. Kil explained the process of the Plan Commission when a property is being subdivided. He stated that residents within 300 feet of the subdivided property would receive notice, a sign would have to be posted on the property and the advertising in the newspapers would be required.
(General discussion ensued.)
Jerry Swets, 9490 Joliet:
Mr. Swets asked what the Town’s normal procedure is as far as zoning when farmland is being annexed into Town. Mr. Kil explained that the normal procedure is if the property is annexed in as residential, it’s annexed in as R-1, if the property is annexed in as commercial it is assigned commercial zoning.
(General discussion ensued.)
Mr. Kil noted that the vast majority of this parcel is being annexed in as residential R-1 zoning. Mr. Swets asked if it was normal to do studies prior to the zoning. Mr. Kil stated that doing studies prior to zoning is not the normal procedure.
Sharon Pacific, 11423 State Line Road:
Ms. Pacific stated that it appears that this real property is owned by the Petitioner. She asked if the Petitioner(s) were going to develop the property or if someone else would. Mr. Kil stated that the Petitioner is in the audience tonight, and will be working on the property and coming before the Plan Commission. Mr. Kil stated his understanding is that the Petitioner is going to sell the property. He stated that they consented to the annexation, because they are the actual owners of the property.
Ms. Pacific asked if the actual developer of the property could be identified. Mr. Kil stated that the developer is Lagestee-Mulder. He stated Lagestee-Mulder has done a lot of work locally.
Mr. Forbes called for additional public comment. There was no additional public comment. Mr. Forbes closed the public hearing and brought the matter back to the Council. He asked the Council if they had any questions.
Mr. Forbes stated he would introduce the fiscal plan. Mr. Kil stated that there is not much to it; he stated that there are no plans for the property other than the actual corner itself.
Mr. Forbes stated he would entertain a motion to consider Ordinance No. 1616, on first reading only. “So moved,” by Mr. Hastings. Mr. Barenie seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.
Mr. Forbes noted the next item for the Council’s consideration is Resolution No. 2016-01-28, a resolution authorizing entering into a joint interlocal agreement with the Town of Schererville for building inspection services. Mr. Forbes noted that this agreement is entered into every year. He stated that the Town shares resources with Schererville. Mr. Forbes explained that when the Town’s inspector is on vacation, they use Schererville’s inspector and vice-versa. Mr. Forbes explained at the end of the year, depending upon usage, the Town may owe Schererville for inspection services or Schererville may owe St. John, which equalizes the costs associated with the agreement.
Mr. Forbes asked if there were any questions on the agreement. There were no questions. Mr. Forbes asked for a motion to adopt Resolution No. 2016-01-28A. “So moved,” by Mr. Volk. Mr. Hastings seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.
Mr. Forbes noted the next item on the agenda was Resolution No. 2016-01-28A, a Resolution authorizing the Clerk-Treasurer to write-off uncollectible bad debt. He asked if there were any questions on this resolution. There were no questions.
(General discussion ensued.)
Mr. Forbes stated he would entertain a motion to adopt Resolution No. 2016-01-28A. So moved,” by Mr. Barenie. Mr. Jorgensen seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.
Mr. Forbes noted the next item on the agenda was the Annual Report and Comprehensive Report from the Redevelopment Commission. He asked the councilmen if they had any questions. There were no questions
Mr. Forbes stated he would entertain a motion to accept the Annual Report and Comprehensive Report from the Redevelopment Commission and authorize the same to be filed with the DLGF pursuant to statute. “So moved,” Mr. Barenie. Mr. Jorgensen seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.
Mr. Forbes noted the next item for the Council’s consideration was the 2016 St. John Fire Department Roster. He asked if there were any questions on the fire department roster. There were no questions.
Mr. Forbes stated he would entertain a motion to accept the 2016 St. John Fire Department Roster. Mr. Volk made a motion to accept the 2016 St. John Fire Department Roster. Mr. Hastings seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.
Mr. Jorgensen stated he would like to respond to a comment from the last Council session wherein some residents had commented on Route 41 and Joliet Street and whether or not a traffic study had been performed, and what would happen in the future at this intersection. He stated that there was discussion about this location being a state highway. Mr. Jorgensen stated that after this discussion at the last Council Meeting, Mr. Kil got in touch with the Deputy Commissioner of the Indiana Department of Transportation and requested that a study be performed. Mr. Kil requested that INDOT analyze, in addition to signalization, whether or not this intersection is suitable to be posted with a “no left-turn” sign as an alternative.
Mr. Jorgensen stated that INDOT has informed the Town that this study is “in the works,” and the Town will be informed when it proceeds in the coming weeks. Mr. Jorgensen stated that the Council would keep the residents of St. John informed.
Mr. Kil stated that INDOT will most likely perform this study as soon as possible. He stated he saw some equipment set up. Mr. Kil stated he does not know how long it will take INDOT to generate a report.
Mr. Forbes stated there has been discussion on an impact fee for roads. He stated the Council seems to be in agreement with this. Mr. Forbes stated he would entertain a motion that due diligence be done to begin the process of study and review of the road impact fee. “So moved,” by Mr. Barenie. Mr. Jorgensen seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.
Ms. Hernandez stated her office continues to transition and make progress. She stated she is looking at ways to streamline the current practices. Ms. Hernandez stated one of the newest additions is a Google calendar on the Clerk-Treasurer’s web page. She stated that meetings, times and locations can be accessed through the calendar. She stated meeting notices, agendas and minutes (once approved) will be accessible through the calendar. Ms. Hernandez stated that this calendar allows the Clerk-Treasurer’s office to communicate amongst departments and with the public as well.
Ms. Hernandez thanked Chief Willman for his 20 years as Fire Chief and 35 years as a firefighter. She stated his dedication to the community is unparalleled.
Ms. Hernandez stated she has an open door policy and she really appreciates the feedback that she has received so far. She stated everyone should feel free to contact her.
Mr. Kil stated he and Attorney Austgen will begin the process of review for the impact fee for the road infrastructure as soon as possible. Mr. Kil stated as far as he can tell, St. John will be the first in the State to adopt a road infrastructure fee (in the event it is adopted). He stated he would keep the Council informed on the progress of this study.
Chief Kveton stated that St. John has been named the second safest community in the State of Indiana, and he is very proud to be a part of this. He thanked all of his current staff and those who came before him.
Chief Kveton reported that an outstanding action was taken by one of his officers. He stated approximately a week ago there was a missing, endangered elderly lady out of Illinois who was spotted in the Northwest Indiana area. Chief Kveton stated that a resident tried to intervene and get her help but she drove away before assistance arrived. He stated Officer Ron Olson located the elderly woman on Route 41 and was able to get her stopped and provide assistance. Officer Olson brought her back to the station and called her family, who came out and picked up the woman and her car.
Chief Kveton stated yesterday himself, retired Chief Frego and a sergeant went to Indianapolis to the Indiana Chiefs of Police conference and were rewarded for the Department’s accreditation in the State of Indiana. He stated that this was a lot of work that was done before he arrived. He stated the sergeant and many other staff members at the police department worked to revamp the entire St. John Police Department Policies and Procedures handbook. Chief Kveton stated that the Department was recognized for this accreditation achievement yesterday by the Indiana Chiefs of Police Association.
Chief Kveton reminded everyone, even though St. John is the second safest community in the State, all of us can be victims of crime occasionally. He stated the crimes that most concern him are residential burglaries. Chief Kveton stated one frequent tactic burglars might use is to drive around the community and watch people leave their driveways. He stated burglars make the assumption if you’re leaving you’re going to be gone for a few minutes. Chief Kveton stated he has been on several surveillances and caught several burglars and he can assure everyone if they do get in your house, it could be in less than five minutes.
Chief Kveton urged residents to report suspicious vehicles and persons. He stated that if a resident sees anything in their neighborhood that looks suspicious to call 911 and report it to the police department.
Chief Kveton thanked the School Resource Officer. He stated the Officer Sidebender applied for and received a grant from a local vehicle club in the amount of approximately $2,000.00. Chief Kveton stated that the officer was able to purchase a DUI prevention packet with these funds, and together with the school, put together a DUI program.
Chief Willman stated the Fire Department responded to 120 requests for assistance during the month of December, 2015. He then stated exactly how many calls there were in each of the three districts.
Chief Willman then stated that the Fire Department conducts a business meeting on the first Monday of every month. The December, 2015, business meeting included the annual election of officers and board of directors. However, the last two Mondays in December were spent with family.
Chief Willman then explained the benefits of the Volunteer Fire Department. This allows the Fire Department to accept tax-exempt contributions and allows opportunities to provide out-reach programs like CPR classes and car-seat programs.
Chief Willman stated they had an EMS in-service. This was an intensive in-service with a main focus on basic life support.
Chief Willman thanked Ms. Hernandez for her kind words.
Mr. Barenie stated this action goes back to a public comment that was made at a previous meeting. He stated he wanted the Council to know that a full audit from the State Board of Accounts has been requested. He stated that this request has been made on several occasions.
Mr. Forbes stated he would entertain a motion on payment of the bills in the amount of $1,833,654.13. “So moved,” by Mr. Barenie. Mr. Hastings seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.
Jerry Swets 9490 Joliet Street:
Mr. Swets congratulated Chief Kveton; he stated the residents are happy for him. Mr. Swets gave a word of advice, when good things happen in Town even if you aren’t in charge, take credit for it because when it’s the other way around, he will get blamed for it. Mr. Swets thanked Chief Kveton and the police department.
Mr. Swets stated that there are some unresolved issues. He asked Mr. Forbes about the unresolved lawsuits. Mr. Swets stated that the Town Manager is in the middle of this and also has a pending conversion charge. He reiterated that Mr. Kil has not even been put on administrative leave or fired. Mr. Swets stated it’s kind of like the inmates running the asylum.
Mr. Swets asked Mr. Forbes if there has been any discussion on looking for a replacement for Mr. Kil. Mr. Forbes had no comment. Mr. Swets asked if there have been discussions about placing Mr. Kil on administrative leave or firing him. Mr. Forbes stated he had no comment. Mr. Forbes stated all of Mr. Swets questions pertain to pending litigation and he cannot comment.
Mr. Swets stated Mr. Forbes is responsible for the acts that go on in Town. He asked, as he did at the last meeting, that Mr. Forbes to resign so that the Town can move forward without problems and issues.
Sharon Pacific, 11423 State Line Road:
Ms. Pacific commended the Council on their decision to study a road impact fee. She stated this is a step forward and she really appreciates that the Council is willing to do something.
Ms. Pacific asked the Council what their individual misgivings and concerns are regarding building subdivisions like the proposed Preserves and Greystone in agricultural settings. She asked the Council members if they could give her their own individual opinions on this matter. She asked Mr. Forbes to answer this question. Mr. Forbes stated he had no comment at the present time.
Ms. Pacific asked again if Mr. Forbes had any misgivings at all about the aforementioned. Mr. Forbes stated he had no comments. She asked any of the other councilmen had any comments. There were no comments.
Mr. Hastings commented on the Preserves. He stated that the developer is trying to keep the water where the water is. Mr. Hastings stated that the developer is also trying to preserve as many trees as possible. He stated that a lot more building could have been done in this development but in order to preserve trees they did not build in every location they could have. Mr. Hastings stated that the developer chose a PUD in order to be able to preserve property.
Mr. Hastings stated that with the possible impact fee, maybe the Town will be able to get bigger roads. Ms. Pacific thanked Mr. Hastings for speaking up and stated that she appreciated it.
Vince Casboni, 9679 White Oak Avenue:
Mr. Casboni stated that the proposed Preserve will be right across the road from him. He stated his biggest complaint is whether there will be enough retention/detention ponds. Mr. Casboni stated that Bull Run runs in the back of his property, and they are constantly being flooded out from the north. He asked what is going to happen when the three hundred plus acre subdivision is added. Mr. Casboni stated he has not seen any engineering of this parcel. He stated he has talked about this for the past couple of months.
Mr. Casboni stated the other issue is traffic on White Oak and 93rd Avenue. He stated that a traffic study is supposed to be done. Mr. Casboni stated this evening he was entering St. John from Crown Point at approximately 5:25. He stated that the traffic from US 41 going east was backed up to Palmira Golf Course.
Mr. Casboni addressed Chief Kveton. He stated when he performed his own traffic studies, most of the vehicles on White Oak Avenue are going over the speed limit.
Phil Merna, 9361 Hilltop Drive:
Mr. Merna stated he has a problem with the (unintelligible). He stated that outside the street there is a small pad and a long driveway to the east side of the home. He stated after there are two cars in there, they start filling the street up from Hilltop all the way down to their driveway with their kids and their friends.
Mr. Merna stated when he tries to get out of the driveway, if he ever has an emergency, he is going to have to “hit one of these guys or drag them out of there.”
Mr. Merna stated part of the street from (unintelligible) park coming back west is “no parking.” He asked if the entire south side of the street and/or both sides of the street could be designated as “no parking.” Mr. Merna stated it is very, very narrow street.
Mr. Forbes directed Mr. Merna to contact Mr. Steve Kil and provide him with the information he presented tonight. Mr. Kil stated that this is a matter that may be best addressed by Chief Kveton. Mr. Kil stated that he and Chief Kveton will investigate this matter.
Joe Hero 11723 South Oak Ridge Drive:
Mr. Hero addressed Mr. Barenie, he stated it was good that Mr. Barenie requested an audit. He stated that he commented on a specific audit on the project with the (unintelligible). Mr. Hero stated that this should be highlighted as a specific request in addition to Mr. Barenie’s request.
Mr. Hero asked if the Town was paying to defend Mr. Kil in his conversion charge. He asked who paid the attorney’s fees? What is the position of this Town Board? Mr. Hero stated he did not hear a response.
Mr. Forbes asked Mr. Hero if he had any further comments. Mr. Hero stated since he can’t get a specific answer on attorney’s fees, he asked Mr. Barenie to request that the State Board of Accounts do an audit of all of the attorney’s fees that have been charged to the Town of St. John over the last four years and include in that audit request the adjoining towns of Schererville, Cedar Lake and may be Winfield. Mr. Hero stated a request should be made to look at all of those attorney fees and “see what you see.”
Mr. Hero stated that the Town has given the appearance of authorizing the attorney to pay for political work in regards to the Clerk-Treasurer’s candidacy; he asked that this request (to the Indiana State Board of Accounts) also be specifically highlighted. He stated that the audit should also examine the attorney’s fees relative to the sign issue that occurred on November 2nd.
Mr. Hero requested that Chief Kveton investigate if St. John letter head was used to purchase an Israeli assault rifle, a TAR1, for personal use. He stated that this rumor has been around, and he doesn’t know if it’s true or not. Mr. Hero stated, in his mind, officers get discounts for rifles and guns and “stuff like that.” In addition, Mr. Hero asked Chief Kveton to investigate whether St. John police letter head used to purchase this type of assault rifle.
Mr. Hero stated that there have been allegations of sexual harassment and sexual battery by employees. Mr. Hero stated it is his understanding that one of the plaintiffs in the matter has a police officer who works for the Town. Mr. Hero asked Chief Kveton to investigate whether, in any of the settlement agreements, there was any intimidation or blackmail made to the Complainant to retaliate against her son who is one of your officers. Mr. Hero stated he does not know if this is true or not, but the rumor mill says something about this and he would like Chief Kveton to investigate this matter.
Mr. Hero stated he would also like Chief Kveton to investigate, for the past five years, the use of Spillman which is accessed by “all these police departments.” He stated Chief Kveton should look at all of the entries that were made in St. John to see if they were appropriate. He stated that Chief Kveton should also investigate if the Spillman system was used to, one, alter other police department reports, and, two, if in any way the access of Spillman, by the St. John Police Department, was used to fraudulently bring charges against a St. John policeman.
Mr. Hero asked Chief Kveton to investigate who had access to Spillman, the dates, the time, who has access to the passwords and codes and determine if it was fraudulently used for any purpose.
(The meeting adjourned at 7:50 p.m.)
ATTEST:
____________________________________
Beth R Hernandez
Clerk-Treasurer
| MICHAEL FORBES | GREGORY VOLK | CLERK-TREASURER, BETH HERNANDEZ |
| MARK BARENIE | CHIEF FRED WILLMAN | TOWN MANAGER, STEVE KIL |
| STEVE HASTINGS | CHIEF JAMES KVETON | |
| CHRISTIAN JORGENSEN |
(The Pledge of Allegiance was said.)
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.
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.
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.
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.
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.
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.
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.
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.
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.)
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.
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.
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
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.
(The meeting adjourned at 7:50 p.m.)
ATTEST:
____________________________________
Beth R Hernandez
Clerk-Treasurer
| MICHAEL FORBES | GREGORY VOLK | CLERK-TREASURER, BETH HERNANDEZ |
| MARK BARENIE | CHIEF FRED WILLMAN | TOWN MANAGER, STEVE KIL |
| STEVE HASTINGS | CHIEF JAMES KVETON | |
| CHRISTIAN JORGENSEN |
(The Pledge of Allegiance was said.)
Mr. Forbes stated that there was a Proclamation to Consider Fibromyalgia Awareness day as a proclamation for May 12, 2016. He read the proclamation as follows:
“Whereas, an estimated ten million people in the United States and millions of people worldwide have been diagnosed with fibromyalgia, a disease for which there is no cause or cure; and whereas, it often takes an average of five years to receive a diagnosis of fibromyalgia and medical professionals frequently are inadequately educated on the diagnosis and treatment of fibromyalgia; and whereas, fibromyalgia is a chronic pain disorder becoming an increasingly common diagnosis and taking a toll emotionally, financially and socially on patients, their families, friends, co-workers and community; and whereas, people with fibromyalgia are never completely symptom free; they are always in pain, this pain impacts every area of their life and others must step in to fill in the void left when all of the patient’s efforts are focused on just getting through the day, showing just how much fibromyalgia truly hurts everyone; and whereas, the chronically ill place a larger burden on the health care and insurance industries and businesses that must cover the costs and expenses associated with their treatment, medication and sometimes hospitalizations; and whereas, increased awareness and expanded knowledge of the realities of life with fibromyalgia will allow the community at large to better support patients and their families, friends, co-workers and employers who struggle with the challenges of this chronic pain disorder; and whereas, fibromyalgia unite the National Fibromyalgia Association, the Fibromyalgia Network and other groups around our country have joined together to promote fibromyalgia awareness and support including improved education, diagnosis, research and treatment.
Now, therefore, I, Michael S. Forbes, do hereby recognize the needs of the chronically ill people and proclaim May 12, 2016, as Fibromyalgia Awareness Day in St. John, Indiana, and urge all of our citizens to support the search for a cure and assist those individuals and families who deal with this devastating disorder on a daily basis.”
Mr. Forbes stated he would entertain a motion to declare May 12, 2016, Fibromyalgia Awareness Day in St. John and authorize signature of the proclamation. “So moved,” by Mr. Volk. Mr. Barenie seconded the motion. The motion was carried by voice vote (4/0). Ayes --- four. Nays --- none.
Mr. Forbes noted the next item for the Council’s consideration was a request from the Safety Village for a $22,000.00 donation. He stated that the Council was approached last year by Mr. Jarvis, who explained then the need to change the amount of money that is donated to the Safety Village in order to continue its operation and the great work they do there. Mr. Forbes asked if there any questions on the donation. Mr. Volk noted it was the same amount as last year. Mr. Forbes acknowledged that the donation was the same amount as last year’s donation.
Mr. Forbes stated he would entertain a motion to approve the annual donation to the Safety Village in the amount of $22,000.00. “So moved,” by Mr. Barenie. Mr. Hastings seconded the motion. The motion was carried by voice vote (4/0). Ayes --- four. Nays --- none.
Mr. Forbes noted the next item for the Council’s review and consideration is the purchase of a new fire engine for the St. John Fire Department. Mr. Kil stated that the Fire Department is seeking permission to go out for bids. He stated that he has submitted a memo to the Council outlining exactly how the Fire Department proposes to purchase the new vehicle. Mr. Kil stated the plan is to put $200,000.00 down and borrow the rest from a local bank.
(General discussion ensued.)
Mr. Forbes asked if there were any questions. There were no further questions. Mr. Forbes stated he would entertain a motion. “l’ll make that motion,” by Mr. Volk. Mr. Hastings seconded the motion. The motion was carried by voice vote (4/0). Ayes --- four. Nays --- none.
Mr. Forbes stated the next item on the Council’s agenda was discussion regarding the tax appeal process and the effects on the municipality. Mr. Forbes introduced Ms. Melody Kikkert, St. John Township Assessor.
Ms. Kikkert stated tonight she wanted to explain the potential financial impact the tax appeal process could have on the Town. She stated that presently there is legislation that is called Our Big Box Store. Ms. Kikkert stated that what is happening is that the appeals are coming in and they are finding comp properties that are vacant and abandoned. She stated assessments are coming in roughly anywhere between $35 to $40 per square foot.
Ms. Kikkert used St. John’s Target as an example. She stated she paid to have an appraisal done for one year to show that they are accurately and fairly assessing. She stated that the appraisal came in at roughly about $75.00 per square foot. Ms. Kikkert stated that the appraisal that the other party is coming in with is right around $38.00 per square foot. She stated that this practice could have a devastating impact on the Town.
Ms. Kikkert stated she was here tonight to find a way to work with the Council as far as protecting the investments for the Town. She submitted a couple of handouts to the council. Ms. Kikkert cited the big box stores in St. John: Target, Tractor Supply Center, Strack & Van Til, the old K-Mart building and Northwoods, and the potential that this appeal process could have on the community could be quite devastating.
Ms. Kikkert stated in order to handle the appeals and win at the state level, expert evidence is needed. She stated the law firm that is representing Target right now is Baker & Daniels. Ms. Kikkert stated expert evidence is needed because they will be coming in with appraisals, there will be a hearing, and the Town needs to have someone on their side as well. Mr. Kil asked Ms. Kikkert to explain how this assessment process is affecting some of the other communities that the Town has met with.
Mr. Weiser introduced himself to the Council. He stated that he came along to explain the tax appeal process and help people to understand what’s been going on across Lake County and across the state. Mr. Weiser stated that Lake County and other municipalities are finding that these tax appeals are going to be really devastating to the cities, towns, schools and TIF Districts.
Mr. Weiser explained that TIF Districts usually have debt associated with them, and the money that comes in from the increments on the types of stores previously mentioned is what pays the TIF debt. Mr. Weiser explained that when a company appeals and wins the appeal, depending on when it was filed, there are times when a refund has to be made for the amount of money that was overcharged.
Mr. Weiser stated they have just finished calculating one appeal in two communities for one store, Lowes. He stated that if the Lowes located in Merrillville wins the appeal and they settle at $60 per square foot, the monies owed to them will be approximately $847,000.00. He stated that would be a one-time check that the county would write, but the tax settlement is taken away from the city/town or TIF District.
Mr. Weiser stated if the Town is looking for money to pay their bonds, the $847,000.00 for the one store is eight years of their revenue. He explained if the Town intends to pay their debt service based on revenue coming in from the four or five big box stores in St. John, they won’t be able to pay their bills. He stated when the TIF District doesn’t pay their bills, then the enabling agency becomes the entity to pay the bill.
Mr. Weiser reiterated if the TIF District does not have the revenue, the Town’s coffer, the general fund gets hit at distribution. He stated this happened in Munster and Crown Point this year. He stated this is a lot of money and it is pretty devastating. Mr. Weiser stated he believed that Crown Point was approximately a half a million dollars short after they refunded the Franciscan Alliance.
Mr. Weiser stated although St. John is a smaller community and it doesn’t have quite the exposure that other towns do, it is coming down the road and it will affect everyone. He stated in St. John, they have the ability to grow the tax rate before they hit the tax caps and some of the other communities aren’t so lucky. Mr. Weiser stated when the tax rate is raised, it goes right to the citizens because someone has to pick up the slack.
Mr. Weiser stated every time an assessment drops, somebody else out there will pick up the slack and it’s going to be the citizens/taxpayers whose taxes are raised and they’re going to want to know why. He stated that there are not a lot of people speaking out against the tax appeals. Everybody is quiet. Mr. Weiser stated it’s only after the tax appeal process is over do people start talking about them. He stated each community needs to be proactive and try to support the assessed values that we have now. Mr. Weiser stated that the assessed values need to be kept where everybody can continue to do business just the way they are doing it now.
Mr. Weiser recommended that people don’t do business with the people that are trying to take money away from you. He stated firms like Baker Baker & Daniels are out there trying to get money from both sides.
Mr. Weiser stated Ms. Kikkert is going around and trying to get the tax appeal facts out. He stated that the assessors need the Town’s voice and the support of the community before these things happen. Mr. Weiser stated that they are not getting the support from the county that they should be getting. He stated they have to go and get some voice and support for their positions to cover their communities.
Ms. Kikkert stated she does not want to accept anything without the Council’s knowledge. She stated she had the appraisal done on Target and she feels it was accurately and fairly assessed to within about a $5.00 range. Ms. Kikkert stated coming up with the appraisals that she’s up against and with the law firms from Indianapolis, it’s going to be a tough fight without support from the communities which this affects.
Ms. Kikkert stated she grew up in St. John and she lives in Schererville and the communities and the taxpayers are so important. She reiterated she is doing everything she can to protect the assessment and to protect the tax dollars as well.
(General discussion ensued.)
Mr. Kil stated that the Town just has to be glad that they don’t have any TIF debt so they don’t have to worry about any payments. He stated that the Town does not have to worry about its tax draws. Mr. Kil stated tonight’s meeting was held in order to get the Town ready to participate in a multi-community initiative where communities can band together and fight this as it’s going to have a substantial impact on the community. Mr. Kil stated that assessments are being done based on abandoned stores, et-cetera. He stated the comps they are using are ridiculous. Mr. Kil stated that the Town really needs to watch out for themselves. He stated that “trickledown effect” that Mr. Barenie referred to earlier could really hurt the Town.
Mr. Forbes asked if there were any further comments. There were no further comments. Mr. Forbes stated he would entertain a motion to participate in the multi-community initiative to appraise and establish fair market values as a result of EGA 1290. “So moved,” by Mr. Barenie. Mr. Volk seconded the motion. Ayes --- four. Nays --- none.
Mr. Forbes noted the next item on the agenda was Resolution No. 16-03-24, a resolution approving and authoring the sale of certain town real estate for the purpose of development associated with Renaissance, Unit 8 and all matters related thereto. He asked Attorney Austgen to explain Resolution No. 16-03-24.
Attorney Austgen explained that Resolution No. 16-03-24 is compliant with the statutory process for the exchange of a parcel of land with the developer for infrastructure improvements that have already been proposed, presented and reviewed by the Plan Commission. He stated that tonight is the statutory process this parcel must go through.
Mr. Kil added that this sale of real estate has been planned since the annexation of the Gates of St. John and it is reflected on every Town map and drawing. He stated all of the detention to the new subdivision has been provided for, and this parcel is an old abandoned detention basin. Mr. Kil stated that the Town just recently acquired this property back from the County. Mr. Kil stated tonight’s resolution will effectuate the transfer of this parcel from the Town to the developer to allow the infrastructure improvements to be put in.
(General discussion ensued.)
Mr. Forbes asked if there were any questions from the councilmen. There were no questions. Mr. Forbes stated he would entertain a motion to adopt Resolution No. 16-03-24. “l’ll make that motion,” by Mr. Volk. Mr. Hastings seconded the motion. The motion was carried by voice vote (4/0). Ayes --- four. Nays --- none.
Mr. Barenie stated he wanted to inform the residents that he believed the State has finally begun its audit of the Town’s books. He stated an audit has been requested by the Council several times. Mr. Barenie stated that the audit has been in the process for the past couple of days.
Mr. Barenie stated after hearing what Ms. Kikkert had to say tonight, the Town is going to have to pull together as hard as they can against the tax appeals. He stated it is the equivalent of a household losing their job; it will have a big impact on the Town if it goes through.
Mr. Forbes stated last year the road project for 2016 was discussed. He stated that the Oakwood subdivision was on the list. Mr. Forbes stated that the Council had been presented with a petition from the residents of Oakwood Drive to have the road paved, although Oakwood Drive was already scheduled to be done.
Mr. Forbes stated that the Town has been given the opportunity to use the 2015 bid numbers from Walsh & Kelly, or they could bid the job all over again. He stated that Haas & Associates Engineering ran some numbers and the total project cost for using the Walsh Kelly numbers is $223,907.00, and this is based on last year’s number.
Attorney Austgen stated that the statute permits the Council to do this upon an offer or suggestion of the same from the vendor.
Mr. Forbes asked the Council if they wanted to go out for bids or use the 2015 number of $223,907.00.
(General discussion ensued.)
Mr. Kil stated that the if the Council was happy with Walsh & Kelly’s work, accepting the 2015 bid is definitely something to consider. Mr. Kil stated that if the old bid is accepted, the paving would begin immediately in the spring.
Mr. Forbes stated he would entertain a motion to authorize Walsh & Kelly’s 2015 price for the Oakwood subdivision road project, the total cost with contingencies is $234,052.35. “So moved,” by Mr. Hastings. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Ayes --- four. Nays --- none.
Ms. Hernandez stated that the audit began a couple of days ago, but it is not too far along yet. She stated she would keep everyone updated with any findings.
Ms. Hernandez stated additional office hours were added to the Clerk-Treasurer’s schedule for the residents. She stated the office is open Monday through Friday from 7:30 a.m. to 4:30 p.m., and on the second Saturday of every month the office is now open from 9:00 a.m. to 1:00 p.m. Ms. Hernandez stated March 12 was the first Saturday the Clerk-Treasurer’s office was open and they were pleasantly surprised at how many residents utilized the extended office hours. She stated 32 people stopped in the office on the first Saturday that the Clerk’s office was open.
Ms. Hernandez noted that the employees’ schedules have been altered to accommodate the Saturday schedule and no overtime is being paid.
Ms. Hernandez referred back to the audit. She stated the State is auditing the fiscal years 2012 to 2015. She reiterated her promise to keep everyone updated of any findings.
Ms. Hernandez informed the Council that she has hired a new Chief Deputy Clerk-Treasurer, Marilyn Hrnjak. She stated Ms. Hrnjak comes to the Town with a wealth of knowledge, experience and an extensive background. She stated Ms. Hrnjak is an attorney who has spent the last several years serving as Executive Chief Deputy Clerk for Michael A. Brown of Lake Circuit and Superior Courts. Ms. Hernandez stated she is thrilled to have Ms. Hrnjak join her staff.
Chief Kveton stated another issue that was brought to the Department’s attention by a local jurisdiction is the criminal element who will come in and steal copper from construction sites, which is also happening in the area. Chief Kveton stated that the department has photographs of a light gray or tan GM pickup truck or a very dark pickup truck. He stated this type of crime typically happens after work hours when all of the construction workers have gone home. He cautioned the citizens if they see a construction site in their neighborhood and if there’s a vehicle there well after work hours, call 911 and have the police come out and check the site. Chief Kveton stated that the residential burglaries are happening in the surrounding areas during the day when people are at work.
Chief Kveton stated when he started his position a couple of months ago, he was made aware of a constant problem that’s been happening over the past several years in the area of Patterson and 81st, where it crosses the CSX railroad tracks. He stated railroad tracks are frequently blocked because a train pulls in and delivers at Schilling Lumber.
Chief Kveton stated this is an unusual situation because this train track crosses the Norfolk Southern train track right outside by the Town’s Public Work’s garage. He stated that the crossover has to be cleared to be able to make their delivery and the trains extend all the way to 81st. Chief Kveton stated he has been working with the Federal Railroad Administration and the CSX public affairs officials and also getting some great help from the residents. He stated the residents have been his eyes and ears when it comes to date, time of day and the how long the train is blocking those crossings. He stated this information is very important in order to get this problem solved. Chief Kveton asked the residents to keep providing him with this information.
Chief Kveton informed the residents that at all railroad crossings there is a blue sign with an 800 telephone number and a DOT number. He explained the DOT number is basically the address of the railroad crossing. Chief Kveton stated if the residents see a railroad crossing blocked for more than 10-15 minutes, get the 800 telephone number he referred to earlier and call the CSX helpline, give them the DOT number and let them know how long the crossing has been blocked. He stated this information will help the Federal Railroad Administration get this problem solved.
Chief Kveton stated that the Department’s K-9, Match, and his partner were called about a week ago to assist in finding an autistic child who went missing from a local school. He stated a great deal of credit can be given to Match and his partner in finding the child at a local mini mart.
Chief Kveton stated that this is prom season with the prom to be held at the local high school within the next few weeks. He stated that the Department’s School Resource Officer is working with Triple A to promote safety at prom time. Chief Kveton stated that student safety is uppermost in everyone’s mind at prom time. Students are promising to be safe, not to drive after drinking and get home safely after the evening is over. He stated anyone should feel free to call him for some handout information related to the prom.
Chief Kveton stated he attended a 911 Commission meeting earlier today. He stated that he learned that during the snow event that happened a few weeks ago, the 911 center took in 2,421 calls.
Chief Kveton thanked the residents for staying in communication with him and bringing him a lot of good information.
Chief Willman submitted his report for the month of February, 2016.
Mr. Forbes stated he would entertain a motion. “So moved,” by Mr. Barenie. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Ayes --- four. Nays --- none.
Vince Casboni, 9679 White Oak Avenue:
Mr. Casboni stated that in looking at the Preserves, it is 319 acres with 445 homes that are going to be built right across from his home. He stated he took some pictures of the rains that St. John had. Mr. Casboni stated you can see the flooding that he has experienced during the rains. He asked what is going to happen when this subdivision is approved.
Mr. Casboni stated that Bull Run ditch crosses 93rd to 101st and is part of the Huppenthal/Herman land that the Schillings bought. He stated the ditch goes behind Rosewood subdivision and crosses into his property. Mr. Casboni showed a photograph of his back yard. He asked again what is going to happen when the subdivision is approved.
Mr. Casboni stated he has asked a number of time of the engineers, “Where’s the drawings? He stated nobody has given him these. Mr. Casboni stated that is one thing he takes issue with.
Mr. Casboni stated he has asked, “What are they going to do with Bull Run ditch?” He stated the last time the Bull Run ditch was cleaned out was in 1995. He stated this is another matter he has an issue with.
Mr. Casboni mentioned the traffic. He stated the Town is getting too much traffic. He stated he talked to Chief Kveton last month, and if he recalls correctly, the Chief called three or four squad cars within 15 minutes. Mr. Casboni stated he conducted his own traffic study and there were over 917 vehicles in three hours and twenty minutes; he asked again, what will happen when the subdivision comes in.
Mr. Casboni stated then there is the Greystone subdivision, which will have 84 homes. He stated there will be a total of 595 vehicles coming from 101st and Calumet Avenue, go down 101st to White Oak and go either north or south. He asked if the Council was aware that 101st is just 22 feet wide. Mr. Casboni stated nobody says anything about the 2005 traffic flow study that stated it should have been taken care of in 2005. He stated it’s now 2016 and nothing is done.
Mr. Forbes informed Mr. Casboni he had thirty seconds remaining.
Mr. Casboni stated he is a former fire fighter. He asked Chief Willman, “Do we really need another fire engine?” How many runs do they have?
Mr. Forbes instructed Mr. Casboni to direct his questions to the Council.
Gerald Swets, 9490 Joliet Street
Gerald Swets commented that when he signed the list he didn’t realize it was a requirement to be able to speak. He said he was going to start by asking a question, is the public comment time strictly comment time, he can’t ask questions and get any responses?
Mr. Forbes stated he started the clock for Mr. Swets.
Mr. Swets stated he was hoping he could talk to the Council tonight because most of his problems with the building and expansion in Town have to do with decisions of the Building and Planning Commission. He stated they are approving lots smaller than the 100-foot minimum as stated in the ordinances, and he wants this Board to know what’s going on.
Mr. Swets stated he knows Mr. Forbes understands because he also sits on the Plan Commission, but he wants everybody on this Board to understand this as well, the minimum lot size for R-1 and R-2 is 100 feet. He stated he would like this Board to encourage enforcement of those ordinances. Mr. Swets stated that the two factors that will drive down the housing values are going to be smaller lots and multi-family buildings.
Mr. Swets stated that the Town has a guideline of eight percent of multi-family units. He asked the Council to look at this guideline and think about revising it. Mr. Swets stated at the last meeting he asked about the eight percent, and the eight percent doesn’t count units it counts buildings. He stated that this number will skew all of the numbers. Mr. Swets stated a house, a duplex and a quad all count as one unit. Mr. Swets stated that this doesn’t seem to add up properly. He stated if things keep going at this rate and the Building Commission can keep approving quads, before you know it 32 percent of the residences in this Town will be multi-family. Mr. Swets reiterated his request that the Council look at revising this goal, number or ordinance. He stated he’s not sure what it is.
Mr. Swets stated another area of concern is the approval process for the Preserves. He stated this was done based on a one-day traffic study. He stated a one-day traffic study for adding 430 homes really does not seem adequate. Mr. Swets stated one resident asked the Town engineer if the traffic study included the summer traffic to the ball fields for the baseball and softball players. Mr. Swets stated the engineer responded “Yes, it does.” He stated he didn’t believe it then and he doesn’t believe it now. Mr. Swets stated it was impossible. He stated there wasn’t anything on the study that addressed this issue.
Mr. Swets stated that the development was approved and they said they were going to look at the traffic again in five years.
Mr. Forbes stated Mr. Swets had 30 seconds remaining.
Mr. Swets stated that the Town’s own master plan says the study should be done in three to five years. He stated he does not understand why the Town is letting the developers make these decisions and run away with things like this. Mr. Swets stated, “It’s totally out of control,” and he thinks this Board could do something about it. He stated he’s also concerned about the green space and the wetlands.
Mr. Swets commented, “Mr. President, I wondered why you weren’t willing to work with the Lake County Park Department when they wanted to put a full run county park in.” Mr. Swets stated when he talked to the Park Department they said they wanted to put a park there and they said they were told by Mr. Kil that the Town wanted to develop this land instead.
Mr. Forbes told Mr. Swets his time was up.
Brian Blazak, 9299 Franklin Drive:
Mr. Blazak stated in follow-up to Mr. Swet’s comments that Mr. Kil was asked a month or two ago about this calculation that calculates the eight percent for multi-unit housing in Town and Mr. Kil said he wasn’t sure exactly how it was done. Mr. Blazak asked, “Do you know now how that eight percent is calculated? Who is responsible for the calculation? And how do I go to the Clerk’s office and put in a public request so I can get a copy of that calculation? How it’s done and all that’s included.”
Mr. Kil stated that this information is included in the Town’s comprehensive plan. Mr. Blazak asked if anything was kept on a day-to-day, week-to-week or month-to-month basis as these items are approved. He asked if anyone updates this information. Mr. Kil stated this information is not updated every week, it is done once every year to two years. Mr. Kil stated that there is no point in doing it every week.
Mr. Blazak stated when a new subdivision like the Preserves is being put in with four hundred some odd houses, you have to add the eight percent to that. He stated next is Greystone, which has multiplexes which has to be added in. Mr. Blazak asked who is keeping these calculations. Mr. Kil stated Greystone has not been approved yet, and the Preserves is all single family housing.
Mr. Blazak said his question was this, “If the houses are approved, you have eight percent of those houses, okay, so you need a calculation so when the next developer comes and says I want to put in 80 multiplexes, you can look at the calculation and go, no, you can’t really do that, you can only have 45. So who keeps that calculation up-to-date?” Mr. Blazak stated doing it once every one or two years is irresponsible. Mr. Blazak asked how they know the calculation. Mr. Kil stated he doesn’t know that he ever said that, but he knows for a fact that the multi-housing is right around eight percent.
Mr. Blazak stated if Mr. Kil knows for a fact and you want to have a calculation, the public should know. Mr. Kil stated it is in the Comprehensive Plan and it was just done.
Paul Zlotkowski, 12040 West 83rd Place:
Mr. Zlotkowski stated he had pictures and asked if he could approach the Council. He submitted pictures to the Council.
(General discussion ensued.)
Mr. Zlotkowski explained about a beaver problem that he had in his neighborhood and how Josh from Groen’s Wildlife captured the beavers and if it weren’t for Josh Groen last year there were lots of properties that would have been destroyed. Mr. Zlotkowski stated before winter, the ground still wasn’t hard enough to open up the blockages. He stated Public Works came out on a real crappy day just before winter and opened up another opening and the water was flowing.
Mr. Zlotkowski stated this year he kept watching to make sure the water is flowing and no beavers returned and plugged up the openings. He stated that there is still around 15 feet that’s plugged up out of a 20-foot stretch. He stated that the water is backed up and it’s stagnant. Mr. Zlotkowski stated he went back and forth with Public Works to see if anyone could do anything. He wanted the water way opened a little more so the water could move as it was stagnant.
Mr. Forbes stated Mr. Zlotkowski had thirty seconds remaining.
Mr. Zlotkowski stated a person gets pretty depressed when you see things in the paper or hearing about the heights of the fountains in the dog park while his property is getting destroyed.
(General discussion ensued.)
Mary Therese Robert, 11990 Heron Lake Road:
Mrs. Robert stated she has been before the Council numerous times. She stated she has researched what other towns and cities have done and forwarded these ideas to the Town. Mrs. Robert stated she is trying to make St. John the best, and it is not for personal or self-serving reasons.
Mrs. Robert stated that the trains going through Town have become a big problem that has put the neighborhood in danger regarding police, fire, ambulance, emergency vehicles and private citizens trying to get medical attention. She stated it causes good drivers stress and causes them road rage and they are bringing it to the subdivision by speeding or disregarding stop signs.
Mrs. Robert gave the Town Council a rundown for the month of the crossing being stopped, 5:55 to 7:23 on the first, on the third, 5:55 to 7:20, the sixth, 5:15 to 5:55, on 3-7, repairs were made between 10:50 and 11:40. She stated the gate was blocked from 4:47 to 6:02 on the tenth, from 5:05 to 6:13 on 3-11, 7:40 to 8:40 on 3-12, 4:50 to 5:40 on 3-15, 4:15 to 5:18 on 3-20.
Mrs. Robert stated she did some research and according to Indiana Code 8-6-7.51, no train is to sit for more than ten minutes and they must allow five minutes between trains and the infraction is $200.00. She stated in 2013, CSX took over the Elston line and they reached agreement with the Surface Transportation Board that if a train was blocking an intersection longer than ten minutes, the train would be split. Mrs. Robert stated that they are not living up to this agreement, and it’s the responsibility of the Town to ensure the residents of St. John safety.
Mrs. Robert stated that Munster, Hammond and Griffith are enforcing the Indiana Code. She stated it would be a big help to the Council if everyone could work as one. She stated we belong to one region and there is the RDA and NIRPCI. She stated St. John is not involved in anything and she doesn’t understand why the Town is secluded.
Mr. Forbes noted that Chief Kveton mentioned in his monthly report that he is working on the issue of railroad crossings. Chief Kveton acknowledged Mr. Forbes comment.
Dale Robert 11990 Heron Lake Road:
Mr. Robert stated he would like to take a moment to inform the residents of St. John that he is sorry for having any part of the inappropriate termination of (unintelligible name). He stated Ordinance 1623 was passed “under the table” last month without being on the agenda, being discussed before the Council and without comment from any residents, another inappropriate action.
Mr. Robert stated, then again, most public meetings are (unintelligible). Mr. Robert stated this shows that Mr. Forbes should be removed from the Town Council and Plan Commission because of his inability to control inappropriate behavior at a meeting.
Mr. Robert addressed Mr. Kil.; he said before he was interrupted at the meeting last month, Mr. Kil asked him what his point was. Mr. Robert stated his point is that Mr. Kil’s behavior regarding the tort claims, indictments, hiring practices, nepotism, pending lawsuits and purchases without bids makes him assume Mr. Kil is overwhelmed with the task of running the Town. Mr. Robert stated, “The point is, you should be placed on administrative leave and/or replaced immediately.” Mr. Robert stated that the Council works for the residents not for themselves.
Ms. Hernandez called Drew Schwalm to speak. There was no response. She called Mr. Tom Parada.
Tom Parada, 9535 Joliet Street:
Mr. Parada stated he brought his own stopwatch so violence would not break out if he went over the allotted time. He stated he had written down things he wanted to talk about. Mr. Parada stated that the residents wait an entire month to get to a Town Council meeting to say what’s on their minds; he stated it’s like swatting flies off.
Mr. Parada stated it is disgusting, immoral and heartbreaking to see that the Town he has lived in for 57 years has come down to this. He stated last month was nothing but a joke. Mr. Parada addressed Chief Kveton and told him he liked him a lot.
Mr. Forbes instructed Mr. Parada to direct his comments to the Council. Mr. Parada stated his point is, “That was all a big mistake.” He stated he has worked security before and he knows when someone is coming at someone looking for trouble. Mr. Parada stated he trusts Chief Kveton.
Mr. Parada stated that, “Dale had no idea that we were going to be cut down to three minutes that day. Mike, that was your job, to stop that --- as he said already.” Mr. Parada stated that the bigger point is that there was a time that this Town had half the population it has now and there were 22 to 27 meetings per year. He pointed out the Town is the largest it’s ever grown, the busiest it’s ever grown and with the most problems it’s ever had.
Mr. Parada stated there are railroad problems, building problems, road problems and lawsuit problems. He stated that the Town has every kind of problem you can imagine, and now is the time that the Council cuts down on the amount of the meetings. Mr. Parada stated, ironically, it just happens that the number of meetings are cut down when more people are showing up at the meetings.
Mr. Parada stated he looks at every one of the Council members as “immoral beings” for doing what they are doing. He stated he had other things to say. Mr. Parada stated when he sees people come up to the podium for three minutes, hustle through what they have to say and turn around and go back to their seat whether they’re done or not --- it’s pathetic. He stated he was quoted in the paper as saying, “This town stinks.” Mr. Parada stated that the Town doesn’t stink just some of the leadership. He stated it is an absolute pity --- he’s almost sorry that he’s still alive to see this after being here for 57 years.
Mr. Forbes informed Mr. Parada he had 30 seconds remaining.
Mr. Parada told Mr. Forbes he was aware of the time remaining because he brought his own stopwatch and he knows how to tell time. He stated that it feels to him like the dome is closing up on the Town, first, it’s fewer meetings, then it’s three minute statements. Mr. Parada stated next it would be executive sessions and before you know it, residents will be required to make individual appointments. He stated he would be willing to do an individual appointment.
Mr. Forbes thanked Mr. Parada for his statement.
Ms. Hernandez called Dave and Nancy Siminak.
Nancy Simanck, 9005 Morse Street, Crown Point:
Ms. Simanck indicated that her comments would be brief. She stated that she lives in an unincorporated area that is adjacent to Tiberon and an “as of yet” unbuilt/undeveloped parcel of land. She stated she doesn’t know when the next parcel of land is going to be built on. Ms. Simanck stated she feels very strongly that the Council should go back and review the Town’s Comprehensive Plan; she stated she has reviewed the plan extensively. Ms. Simanck stated that there are many passages in the plan that talk about preserving natural features whenever possible, and she doesn’t believe that this is always happening.
Ms. Simanck stated if some of the natural areas were left open, places for water to go and places for trees to absorb water, maybe some of the drainage and flooding problems wouldn’t be so severe. She stated that the Town can’t take down any of the houses that have already been built, but they certainly could look forward and get out there and look at the site and talk to people who are in environmental positions before any plans are approved.
Jerry Koster, 9194 Eggert Lane:
Mr. Koster stated he has been a resident in Town for 18 years. He recalled being able to leave his house with the doors and garage open, and he said that was a pretty good feeling. Mr. Koster stated a lot of things are happening today. He stated that the Town is growing and with growth comes a multitude of problems including traffic and congestion.
Mr. Koster stated, in the last two years, he is getting water in his back yard that he never had before. He stated in his subdivision, Edgewood, he has been a victim of vandalism in the last six months. Mr. Koster stated he doesn’t have answer for this problem, but he wanted the Council to be “cognizant” of it. He recommended one way to curb the vandalism was to establish a neighborhood crime watch program. Mr. Koster stated with increased growth, you have increased problems. Mr. Koster stated he can’t say if it’s all young kids but there is speeding and vandalism. He reiterated to be cognizant when you are growing to make sure you have plans for all these problems.
Mr. Forbes asked if Mr. Koster reported the vandalism to the police department. Mr. Koster stated, “Unfortunately, not.” He mentioned they have a group called Edgewood Subdivision and it was put out through that. Mr. Forbes stated that when it happens to make sure the Chief knows about it so he can figure out a pattern if there is one and have people out there.
Adrian Bugariu 11747 W 90th Avenue
Mr. Bugariu stated that three months ago he told Mark Barenie certain things and he said he would relay that information to you guys and nothing happens 90 days later. Mr. Bugariu advised there is a 66.6 million dollar law suit to be filed against the Town of St. John. He said it is verbal right now for the crimes that have been committed against him for 38 years. Mr. Bugariu mentioned he must be the most arrested person in the history of Lake County, Indiana by criminals in police uniforms, lawyers and judges. He stated cops are bribing lawyers, bribing witnesses, every single one from 1977 until now it will become a lawsuit.
Mr. Bugariu demanded that Beth, David Austgen, Forbes, Barenie and Steve Kil be __. Mr. Bugariu stated if he would have stolen the signs like he did, he would have been hung in jail; election signs, that’s illegal.
Mr. Bugariu stated, secondly, when he was in Mississippi on his exile, someone went in his house; Dahlin had the key since 2006. Mr. Forbes asked if Mr. Bugariu was accusing one of the police officers of breaking into his house. Mr. Bugariu stated that stuff disappeared from his house. Mr. Forbes asked once again if he was accusing one of the police officers of breaking into his house. Mr. Bugariu said his window which was never broken, was broken and raccoons and other animals ransacked his house.
Mr. Bugariu stated in 2007, three weeks after he filed a law suit against Jerri Tiebel and Mike Fryzel, he got his house sold on a tax sale and he saw Jerri Tiebel by his property instigating neighbors and bribing his lawyers. He mentioned when he found out what happened with his latest lawsuit, which was filed properly, his computer was hacked. The next morning he could find nothing on his computer not Guzik’s, a good chief, or his lawsuit against the Town of St. John.
Mr. Forbes stated there were 30 seconds remaining.
Mr. Bugariu mentioned that Ordinance 1623 is a violation against our freedom of speech.
Rita Berg, 10351 Joliet Street
Ms. Berg stated her major complaint tonight is that she has not heard half of what’s being said up here. She mentioned that she sits here because she wants to know about the Town and everything going on and she can’t hear half of it and there’s nothing wrong with her hearing. Ms. Berg mentioned she would appreciate it if they would use the microphones more and speak up especially about the numbers because they aren’t catching it.
Ms. Berg said she had a group question and wanted to know if the meeting are cut in half, does that mean that the Council is getting paid less because there are less meetings or is it just one of those things (unintelligible).
Marko Jurkovic, 11847 West 105th Street
Mr. Jurkovic thanked the Council for having him there tonight and mentioned he is a newer resident who grew up in Lake County. He mentioned with spring time coming around we are starting to get a lot more solicitors coming in and he’s not sure if there is an ordinance established in St. John. He stated a lot of the municipalities in the area do have an ordinance. Mr. Jurkovic mentioned in the last week he had 17 different solicitors. He stated he works in the service industry, but they are required to have background checks on all of the solicitors because, unfortunately, you never know in this day and age. Mr. Jurkovic asked the Council to look into it. Mr. Forbes stated there was a solicitors’ ordinance but that was turned over by the State; they were deemed illegal? Mr. Austgen stated, “Not all of them”. Mr. Forbes stated they had an ordinance in place but he was told he could not enforce it. Mr. Jurkovic stated all he asks is they look into a little bit more. Mr. Forbes stated, “Absolutely.”
Joe Hero, 11723 South Oakridge Drive
Mr. Hero stated he would like to remonstrate against Ordinance 1683. It has a penalty of shutting people’s speech off, any ordinance of a municipality has to be published in the paper, and it’s illegal to just bring it up in a meeting.
Mr. Hero mentioned when you open the bids, in order to make sure there’s no collusion or anything, they should be opened in the public where they can stand around the chair and look at the bids and how they are being opened; that’s how they do it at the County.
Mr. Hero said the other issue is this, since we have gone to the 911 thing in Lake County, he has requested the Police Chief and the Fire Chief to start tracking when the call is put out, when they received the call and when they arrive on the scene. Mr. Hero mentioned he would like the Town Council to demand that they publish that every month for all the calls, both fire and police.
Mr. Hero said for years he has complained about the TIF district and now it’s coming back to bite you so to speak. He mentioned if there is not enough money coming in and taxes aren’t there you are going to be paying out of the public treasury and it’s going to affect the taxes of the Town. He stated it’s a big mistake and poor management; we don’t need TIF districts.
Mr. Hero stated the land that was given to the developer tonight should be out for public bids, we should know the price and what’s going on there.
Mr. Hero said he believes the blacktop thing tonight is illegal and should be rebid. He thinks this will fall on the liability of the Clerk-Treasurer so he urged Mrs. Hernandez to step up to these guys because she will be on the hook in his opinion.
Mr. Hero stated when we pay the bills for these commissions, we need docket sheets and a list of bills. There’s no checks and balances; who knows what you’re paying. Mr. Hero mentioned as far as the road impact, we need to demand that the developers put the roads in because the impact fee is not going to pay in the future money what it’s going to cost to relocate the utilities and everything else.
Mr. Forbes asked Mr. Austgen if we did anything illegal this evening. Mr. Austgen responded, “No.”
(The meeting adjourned at 8:37 p.m.)
ATTEST:
____________________________________
BETH R. HERNANDEZ
Clerk-Treasurer